Fulton Considerations for accepting gifts ordinance (§ 2-373)

(a) The director of administration and the council shall consider the following when determining whether a donation should be accepted:

(1) Whether the donor's designated use of the donation is consistent with existing city policies, programs and city objectives;

(2) Whether restrictions upon the use, disposal or retention of the donation are of such a nature as to make the donation impractical to accept;

(3) Whether the accounting for the donation is unduly complex or burdensome;

(4) Whether the donation is likely to require a level of repair or maintenance which would make it unduly burdensome or cost prohibitive to accept;

(5) Whether the donation requires the purchase of other equipment or materials to make it useful and which would in turn make it unduly burdensome or cost prohibitive to accept;

(6) Whether acceptance of the donation is reasonably likely to present a conflict of interest or the appearance of a conflict of interest for the city or city personnel.

(7) Whether acceptance of the donation is reasonably likely to imply endorsement of commercial products, services, companies or individuals; any political or religious views; or any particular perspective on controversial community issues;

(8) Whether the donation will result in additional operating costs for which a funding source has not been identified and approved. For example, whether a one-time donation would require additional funding from the city in subsequent years;

(9) Whether acceptance of the donation poses a burdensome level of additional potential liability, for example, due to the level of indemnifications, insurances, bonding or warranties requested by the donor;

(10) Whether the ownership of the item to be donated is well established and is able to be legally transferred;

(11) Whether the item to be donated is of such a nature as to be reasonably likely to offend common sensibilities; and

(12) Any other matters deemed pertinent by the director of administration and the council.