Honolulu City Council Policy Resolutions(Link to original Word Processing Version)
86-298
SUPERCEDING RESOLUTION 79-39 AND ESTABLISHING GUIDELINES FOR THE
SOLICITATION AND RECEIPT OF GIFTS BY EXECUTIVE AGENCIES.
WHEREAS, the City and County of Honolulu is the recipient of
many gifts as a result of the generosity of its citizens; and
WHEREAS, although gifts to the City may be generous and
well-intentioned, appropriate guidelines for the solicitation and
receipt of gifts are necessary to ensure that the solicitation
and offering of gifts are conducted ethically and independently
of the decision making powers and processes of the City, and that
gifts are properly received without imposing an onerous burden to
the City; and
WHEREAS, Section 13-113 of the Revised Charter of the City
and County of Honolulu provides the City Council with sole
authority to accept gifts on behalf of the City; and
WHEREAS, Chapter 5, Article 7 of the Revised Ordinances of
Honolulu provides for a General Trust Fund into which all
monetary gifts or donations shall be deposited; and
WHEREAS, Resolution 79-39 provides certain guidelines
regarding the receipt of gifts which need to be expanded and
refined; now, therefore,
BE IT RESOLVED by the Council of the City and County of
Honolulu that Resolution 79-39 is hereby superceded and that
executive agencies shall henceforth be governed by the following
provisions in receiving any gift:
1. Definitions
"Gift" means any voluntary contribution of money,
securities, tangible property, or real estate to the City
for a public purpose, whether earmarked or not. All gifts
provided for a specific City-sponsored activity or program
or obtained as part of the same solicitation shall be
considered as a single gift.
"Report" means a written record of a gift that includes
the name and address of the prospective donor, the gift's
description, its intended purpose, its estimated or actual
value, and any requirement for its acceptance, maintenance,
or eventual disposition by the City.
"Value" means the actual or assessed monetary value of
a gift. If the value of a gift is not known, a reasonable
estimate of its value shall be made by the executive agency
when possible. In all instances, the gift shall be
categorized as either valued in excess of $1,000 or as
valued at or below that amount; further a description of the
gift shall be recorded in sufficient detail as to enable its
relative value to be assessed.
2. Common provisions
a. Solicitation. Any solicitation by an executive
agency for gifts valued in excess of $1,000 to the City
shall have first received approval by the Council.
Upon approval, such solicitation shall be accomplished
by submitting public notice to a newspaper of general
circulation.
No City employee having enforcement powers or
review authority over any application or permit shall
solicit gifts to the City.
The Managing Director shall establish standards of
conduct for City employees and officers in dealing with
any person or entity that has provided or intends to
provide a gift to the City. The standards of conduct
shall include provisions to ensure that the receipt of
any gift on behalf of the City shall not give the
appearance of influencing or impairing the judgment of
any City employee or officer in the performance of his
or her official duties.
b. Unacceptable gifts. No gift shall be accepted in
exchange for special treatment or consideration by the
receiving agency or department.
No gift shall be accepted that imposes an onerous
requirement for its acceptance, maintenance, or
eventual disposition by the City.
c. Application. These provisions shall apply except
where more restrictive ordinances, rules, or
administrative policies are in effect. Monetary gifts
shall be deposited into the General Trust Fund and beadministered in accordance with Chapter 5, Article 7 of
the Revised Ordinances of Honolulu.
d. Implementation. The Managing Director shall
develop forms and issue such other guidelines as deemed
necessary to implement the purposes of this Resolution.
3. Gifts valued in excess of $1,000
a. Upon notification of an intended gift valued in
excess of $1,000 and making a determination to
recommend acceptance of the intended gift, the
executive agency shall submit a report to the Council
for its approval. The executive agency shall
concurrently notify the donor in writing that the
agency may take custody of the gift only upon Council
approval.
b. Upon acceptance of the gift by the Council, the
executive agency shall take custody of the gift and
ensure that it is properly maintained, secured, and
protected.
c. No gift valued in excess of $1,000 shall be agreed
to, taken into custody, expended, installed, or
utilized until it has received Council approval.
4. Gifts valued at $1,000 or less
a. The executive agency may take custody of a gift
valued at $1,000 or less. Upon taking custody, the
executive agency shall be responsible for the
implementation of the gift and ensure that it is
properly maintained, secured, and protected.
b. The executive agency shall notify the donor that
the acceptance of the gift is conditional until formal
acceptance by the Council. c. The executive agency shall submit to the Council, through the Managing Director's office, a quarterly report, which shall be filed on or before the second Tuesday after the close of each quarter, of all gifts taken into custody by such agency so that the Council may formally accept the gifts on behalf of the City.
BE IT FURTHER RESOLVED that copies of this Resolution be
transmitted to the Mayor and the Managing Director.
INTRODUCED BY:
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DATE OF INTRODUCTION:
September 17, 1986
ADOPTED this 17th day of September , 1986.
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