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GOVERNMENT
OF THE DISTRICT OF COLUMBIA
EXECUTIVE
OFFICE OF THE MAYOR
OFFICE OF
COMMUNICATIONS
FOR IMMEDIATE
RELEASE: CONTACT:. Tony Bullock
Wednesday, January
09, 2002 (202) 727-6846
Mayor Announces New
Rules Governing Donations to the District
(Washington, DC)
Mayor Anthony A. Williams announced today that he is issuing a new
executive order and rules of conduct designed to ensure that the
solicitation, acceptance, and use of private donations to District
government initiatives are governed by the highest standards of ethics,
public disclosure and accountability.
The Mayor also
announced that he is putting a new team in place to implement and oversee
the solicitation and use of private donations. The responsibility for
administering the new procedures
will fall under the purview of the Office of Partnerships and Grants
Development.
"Private/public
partnerships have played a critical role in the revitalization of the
District," Mayor Williams said. "I want to ensure that these
partnerships continue because I believe that the goals and objectives of
such partnerships have the potential to greatly enhance the services and
opportunities we can offer to our citizens. And I want to take a moment to
thank the individuals and corporations who have been so generous in the
past. But if we are going to continue to engage in such partnerships, we
must assure that they are done properly. It is vitally important to
install a tighter system with very clear rules and much stricter
controls."
"At my
request - and at the request of the City Council - the Inspector General
is investigating fundraising activities conducted over a year ago by
employees of the Executive Office of the Mayor. The report and its
findings are not, as yet, available. And although I do not at this time
know all of the details of this investigation, it is clear to me that
former members of my staff made serious mistakes. The mistakes that were
made happened on my watch. I had the responsibility to manage these
initiatives much better than I did. I didn't. But as Mayor, I have an
obligation to correct those mistakes. With the new structure, rules, and
personnel we are announcing today, I can assure the citizens of this city
that all money raised through public/private partnerships will be raised
in full compliance with all applicable laws and every penny will be
accounted for. Anyone failing to adhere to our new rules of conduct will
face prompt disciplinary action," Mayor Williams added.
To support the new
Office of Partnership and Grant Development, the Mayor is also
establishing a new Advisory Committee composed of the most senior members
of his administrative and legal staff. The Director of the Office of
Campaign Finance, the Inspector General and the Chief Financial Officer,
among others, have been invited to participate.
I have asked David
Isbell - a nationally known and highly respected legal ethicist and a
senior partner of Covington & Burling - to advise me and my staff on
matters of legal ethics related to the operation of our public/private
partnership activities," added Mayor Williams.
"The
actions I am taking today are necessary to assure the citizens and
businesses of this city that public/private partnerships can and
will be managed properly. The success of our Citizen and Youth
Summits and other events and programs underscores how-we can
leverage private donations for worthwhile public purposes,"
said Mayor Williams.
Back to top of page
Summary of the
Executive Order and Rules of Conduct Regarding Donations to the District Government
Since 1992 the District's Appropriation Act has authorized the Mayor
to accept private donations for authorized government functions or duties.
Clear written rules and procedures have now been adopted and are designed
to ensure that the solicitation, acceptance, and use of private donations
are governed by the highest standards of ethics and accountability. All
District government agencies - including independent agencies - are
subject to these requirements.
The Rules of Conduct are mandatory and apply to all District government
employees. If an employee fails to comply, s/he will be subject to
immediate disciplinary action. The Rules require employees to obtain
appropriate approval for the solicitation, acceptance, and use of all
donations. Monetary donations must be forwarded to the Office of the Chief
Financial Officer ("OCFO") and immediately deposited into
accounts that are subject to strict accountability standards. All
information related to private donations must be maintained in a form that
is suitable for audit and public inspection.
The Executive Order authorizes the Office of Partnerships and Grants
Development ("OPGD") to enforce mandatory procedures for the
solicitation, receipt, and use of all donations made to the District
Government. OPGD is the only entity that has authority to solicit, review,
receive and approve virtually all donations to the District government.
The Order includes important safeguards designed to ensure donations are
tracked and the fundraising process is transparent. Monthly internal and
annual public reporting requirements are included. An advisory committee
of high level government officials will be required to review the annual
reports.
The Order contemplates a transition process which will allow for
appropriate planning, including the methodical development of protocols
and procedures. During the transition, until procedures are developed and
OGPD is appropriately staffed, the solicitation, approval, and acceptance
of donations will be limited to extraordinary circumstances.
Back to top of page
GOVERNMENT OF
THE DISTRICT OF COLUMBIA
ADMINISTRATIVE
ISSUANCE SYSTEM
Mayor's
Order 2002-2
January
8, 2002
SUBJECT:
Establishment - Office of Partnerships and Grants Development; Rescission
of Mayor's Order
Establishing Office of Partnerships and Resource Development
ORIGINATING
AGENCY: Office of the Mayor
By virtue of
the authority vested in me as Mayor of the District of Columbia pursuant
to sections 422(2), 422(6), and 422(11) of the District of Columbia Home
Rule Act of 1973, approved December 24, 1973, 87 Stat. 790, Pub. L.
93-198, D.C. Official Code §§ 1204.22(2), 1-204.22(6), and
1-204.22(11) (2001), section 115 of the District of Columbia
Appropriations Act, 2002 ("FY 2002 Appropriations Act"),
approved December 21, 2001, Pub. L. 107-96, (and any substantially
identical successor law), section 119 of the FY 2002 Appropriations Act
(and any substantially identical successor law), and relevant provisions of the federal Anti-Deficiency Act, 31 U.S.C. §§ 1349 and
1351, it is hereby
ORDERED that
Mayor's Order 2001-132, dated September 10, 2001, is rescinded and reissued to
read as follows:
I. Rationale
(a) The
District of Columbia government is responsible for providing
essential services to District residents. Public funds currently
are sometimes insufficient to provide adequate support to
essential government programs. For this reason, public and private
grants, public and private partnerships, and private donations are
sometimes relied upon to support government functions. The
application for public and private grants is often a formal,
competitive process, and the use of such grants is generally
subject to rigorous auditing. (The term "grant" as used
herein means an award of funds or other resources from a public or
private grant-making organization or agency.) The District of
Columbia government also is authorized by section 115 of the FY
2002 Appropriations Act to accept private donations for an
authorized governmental function or duty. (The term
"donations" as used herein means donations of funds,
services and property solicited and received pursuant to that
authority.) Unlike grants as described above, the solicitation,
acceptance, and use of private donations has not been similarly
regularized. Procedures must be adopted to ensure that
solicitation, acceptance, and use of private donations are
governed by the highest standards of ethics and
accountability.
(b) This Order incorporates into a new Office of
Partnerships and Grants Development
("OPGD") the mission, objectives, and functions of the
existing Office
of Partnerships and Resource Development, while rescinding
Mayor's Order 2001-132,
dated September 10, 2001, which established the latter office. This
Order adds to that mission and those objectives and functions by
authorizing the new office to enforce mandatory procedures for the
solicitation, receipt and use of all donations made to the District
government, including subordinate and independent agencies, in order to
ensure that (with the sole exceptions stated in Section II(b) below)
donations are properly solicited, processed, used and accounted for. The
only method authorized by Congress to augment the District's budget by
use of contributed private resources is pursuant to section 115 of the
FY 2002 Appropriations Act (and any substantially identical successor
law). This provision permits the Mayor to authorize solicitation,
receipt, and use of donations of funds, services and property by
agencies of the District government in accordance with governmental
functions or duties that are authorized by statutes, reorganization
plans, regulations, or Executive Orders.
II. Scope
(a)
This Order applies to the application for, acceptance, and use of grants
on behalf of the District government as authorized under section 119 of
the FY 2002 Appropriations Act (and any substantially identical
successor law).
(b) This
Order also applies to all solicitation, receipt, and use of private
donations of funds, services and property by agencies of the District
government as authorized under section 115 of the FY 2002
Appropriations Act (and any substantially identical successor law),
except that:
(1)
this Order does not apply to the recruitment of volunteers for
appropriate government activities as authorized by the Volunteer
Services Act, D.C. Official Code § 1-319.10 et
seq.; and
(2) the
Mayor's authority exercised by this Order does not apply to the
Council of the District of Columbia and the D.C. Board of
Education, each of which may accept and use gifts without prior
approval of the Mayor pursuant to section 115 of the FY 2002
Appropriations Act.
III. Establishment
There is
hereby established, within the Executive Office of the Mayor, the
Office of Partnerships and Grants Development ("OPGD"). This
is the only entity that has authority to solicit, review, receive and
approve donations to the District government, with two exceptions as
set out in Section II(b) of this Order.
IV. Appointment of Director; Delegation of Authority; Resources;
Disclosure Statements
(a) The
OPGD shall be supervised by a Director to be appointed by the Mayor. The
Director shall report to the Mayor and/or the Mayor's designee. The
Director is hereby delegated exercise of the Mayor's authority to apply
for and to accept grant funding under section 119 of the FY 2002
Appropriations Act (and any substantially identical successor law). The
Director is also hereby delegated exercise of the Mayor's authority to
permit solicitation, receipt, and use of donations of funds, services and
property by agencies of the District government under section 115 of the
FY 2002 Appropriations Act (and any substantially identical successor
law). The Director may subdelegate the authority to solicit, review,
receive and approve donations to the government, to the employees within
the Office, to agency directors, and to officials within the Executive
Office of the Mayor, including Deputy Mayors.
(b) The
Director shall coordinate the exercise of the functions of the OPGD with
the Executive Office of the Mayor, the Office of Legislative Support,
the Office of Policy Research and Development, the Office of the Chief
Financial Officer, the Office of the Corporation Counsel, the Office of
the Secretary, the Office of Contracting and Procurement, the Office of
Personnel, the Office of the Budget, and District operating agencies
which have major grant responsibilities.
(c) The Chief
of Staff of the Executive Office of the Mayor shall provide the
resources necessary to support the functions of the OPGD.
(d) Each
employee of the OPGD shall complete a Confidential Statement of
Employment and Financial Interest (DPM Form 35) to be reviewed and
maintained by the Director or her/his designee. These statements shall
be used to address issues concerning actual or potential conflicts of
interest related to the solicitation, receipt or use of donations from
private donors.
V. Mission and Obiectives
The mission and
objectives of the OPGD are to:
(a) Oversee the planning and execution of non-appropriated grant
funding requests from District agencies to federal, foundation, and
private sector donors;
(b) Apply
for and accept grants from public and private grant-making
organizations or agencies on behalf of the District government in
accordance with federal appropriations requirements and generally accepted accounting principles, in coordination with the Chief Financial
Officer;
(c) Coordinate the application by other District government agencies for
grants to optimize grant support for the Mayor's citywide strategic
plan;
(d) Implement and enforce policies and procedures for the solicitation
of donations;
(e) Coordinate the solicitation of donations among those District
government employees who have been delegated authority by the Director
of OPGD to solicit private funds for. the District government;
(f) Accept and approve the use of donated funds in accordance with
paragraph (d), above, federal appropriations requirements, and, in
coordination with the Chief Financial Officer, assure that they are
accounted for in accordance with generally accepted accounting
principles;
(g) Establish formal collaborative arrangements (sometimes called
"partnerships") memorialized in writing, and approved by the
Director, with nonprofit and private organizations for the purpose of
supplementing existing resources for governmental purposes; and
(h) Coordinate with the Office of the Corporation Counsel and other
appropriate agencies to establish and conduct a comprehensive training
program to educate government employees covered by this Order concerning
the ethical, legal and fiscal requirements for administering donations
for the benefit of the District government, as set out in section VI
(A)(21) of this Order.
Vl. Functions
A. The OPGD shall:
1. Apply for and accept grants from public and private grant-making
organizations or agencies on behalf of the District government as
authorized by section 119 of the FY 2002 Appropriations Act (and any
substantially identical successor law);
2. Assist in developing and implementing strategies for shifting the
funding of current services, where applicable, from local tax revenues
to other nonappropriated federal, foundation, and private sources;
3. Coordinate the design and execution of resource development
strategies that enhance the programs of District agencies directly
related to the Mayor's District-wide strategic plan;
4. Identify potential and available financial, human, and in-kind
support and disseminate that information to appropriate District
agencies;
5. Assist District agencies in identifying appropriate projects for
targeted funding from grants and donations;
6. Provide training and technical assistance to District agencies
engaged in accessing potential non-appropriated grant funding sources;
7. Exercise leadership in supporting the action plans of District
agencies relating to the successful cultivation, solicitation, and
stewardship of grants from federal and other sources;
8. Adopt policies and procedures, consistent with "best
practices", in consultation with appropriate District agencies, to
ensure the highest level of integrity in establishing and expanding
public-private partnerships and administering the grants development
process;
9. Coordinate and enforce effective policies and procedures related to
both the solicitation of non-appropriated grant funds among District
agencies and their respective collaborators and the solicitation of
donations for government programs;
10. Facilitate the establishment of collaborative relationships with
private organizations with a view to implementing the Mayor's
District-wide strategic plan;
11. Oversee and direct the District of Columbia Grants Council as
co-chair with the Office of the Chief Financial Officer;
12. Solicit and accept the donation of funds, property and services as
authorized by section 115 of the FY 2002 Appropriations Act (and any
substantially identical successor law);
13. Review requests by employees or agencies to solicit such donations
and approve or disapprove such requests as appropriate, in accordance
with the Rules of Conduct Governing Donations, as published in Mayor's
Memorandum 2002-1;
14. Enforce the Rules of Conduct Governing Donations, through the
implementation of procedures, including reporting and accounting procedures to be used by agencies of the District government that are
within the purview of this Order;
15. Prepare and implement procedures to be followed in the solicitation
of private donations for the District government;
16. Enter into a Memorandum of Understanding with the Chief Financial
Officer establishing deposit and disbursement procedures for donated
funds and procedures for issuance of donor acknowledgment letters;
17. Prepare and implement, in coordination with the Chief Financial
Officer, procedures for the creation of auditable records, subject to
public inspection, that account for the use of all donated funds;
18. Subject to approval by the Mayor, revise and update, as appropriate,
the Rules of Conduct Governing Donations and the related protocol and
procedures.
19. Coordinate the design and execution of donation development
strategies that enhance the programs of District agencies directly
related to the Districtwide strategic plan;
20. Establish practices, policies and procedures in consultation with
the Chief Financial Officer to ensure the highest level of integrity in
establishing and expanding collaborative arrangements and administering
the donation process;
21. Coordinate with the Office of the Corporation Counsel and other
appropriate agencies to provide a training program on the Rules of
Conduct Governing Donations, and the protocol and procedures developed
pursuant to this Order, for all District agencies covered by this Order,
as set out in section V(h);
22. Publish an annual report, identifying each donor and
non-appropriated grant funding source, as well as the date of receipt,
the type and value, and the purpose for which each donation and
non-appropriated grant has been or is to be used (such report may
incorporate by reference any similar report required by law to be made
by an individual agency); and
23. Provide a monthly report on solicitation and receipt of donations
for review by the General Counsel of the Office of the Mayor and the
Ethics Counselor of the Office of the Corporation Counsel.
B. The OPGD is designated as the District of Columbia's state liaison
with federal executive agencies and with states on all matters related
to state plans, applications for federal, foundation, and private donor
grants and other assistance, and proposals for projects of an interstate nature. The OPGD shall serve
as the State Single Point of Contact (SPOC) for the District of Columbia
under Executive Order No. 12372, 47 Fed. Reg. 30,959 (1982).
VII. Advisory Committee Established
An advisory committee is hereby established to advise the Director of
OPGD regarding the donations program. The Committee shall review the
annual report referred to in section VI(A)(22) of this Order as well as
laws, regulations and policies governing donations and shall make
recommendations to the Director concerning any necessary revisions. The
Advisory Committee shall include the Chief of Staff and General Counsel
of the Office of the Mayor, the City Administrator, the Corporation
Counsel, the Ethics Counselor, and the Director of the Department of
Parks and Recreation, the Director of the Commission on the Arts and
Humanities, or their respective designees. The Director of the Office of
Campaign Finance, the Inspector General, the Chief Financial Officer,
and the Director of the Libraries (or their respective designees) shall
be invited to be members of the Advisory Committee.
VIII. Implementation
(a) The Chief of Staff in the Executive Office of the Mayor shall issue
such administrative guidelines, standards, and requirements to be
followed by all agencies of the District of Columbia that are necessary
to carry out the purposes of this Order.
(b) All District personnel subject to this Order are required to follow
the Rules of Conduct Governing Donations. Failure to follow the Rules of
Conduct may result in disciplinary action.
(c) Each agency shall designate an employee to be the point of contact
with OPGD for the purpose of providing information about agency
activities. Within 30 days of the effective date of this order, each
agency shall provide OPGD with an inventory of all agency activities
which may be subject to this order. Within 45 days of the effective date
of this order agencies with statutory authority to solicit and receive
donations (the Board of Trustees of the Public Library -- D.C. Official
Code (2001) § 39-105(a)(13); the Department of Parks and Recreation --
D.C. Official Code § 10-302; and the Commission on the Arts and
Humanities -- D.C. Official Code § 39-302) shall confer with the
Director of OPGD and the Ethics Counselor to develop implementing
procedures that are consistent with this Order and recognize the
separate statutory authority of each agency.
IX. Transition
(a) Absent
extraordinary circumstances, as determined by the Director of OPGD, a
request to solicit, accept or gain approval of a donation will not be
approved by OPGD until sufficient OPGD staff for implementation of the
relevant provisions of this Order are in place. The Director of OPGD shall
notify agencies, in writing, when such staff are in place. Each request to
solicit, accept, or gain approval of a donation shall be reviewed subject
to all the standards set forth herein and all of the limitations and
requirements set forth in the Rules of Conduct Governing Donations.
(b) The
Director of OPGD shall promptly develop a plan for full
implementation of this Order. Upon development of that plan, and a
determination that the staffing, protocols, procedures and
resources are sufficient, the Director shall implement this order
in full.
IX. Effective
Date
This Order shall be effective immediately.
ANTHONY
A. WILLIAMS
MAYOR
ATTEST:
BEVERLY
D. RIVERS
SECRETARY
OF THE DISTRICT OF COLUMBIA
Back to top of page
GOVERNMENT OF
THE DISTRICT OF COLUMBIA
ADMINISTRATIVE ISSUANCE SYSTEM
Mayor's Memorandum 2002-1
January 8, 2002
TO: All Deputy Mayors, Department, Agency and Office Heads
ORIGINATOR: Anthony A. Williams, MAYOR
SUBJECT: RULES OF CONDUCT GOVERNING DONATIONS TO THE DISTRICT GOVERNMENT
By virtue of the
authority vested in me as Mayor of the District of Columbia pursuant to
section 422(11) of the District of Columbia Home Rule Act, Pub. L. 93-198,
approved December 24, 1973, 87 Stat. 790, Pub. L. 93-198, D.C. Official
Code §§ 1-204.22(11), and section 115 of the District of Columbia
Appropriations Act, 2002, ("FY 2002 Appropriations Act")
approved December 21, 2001, Pub. L. 107-96, (and any substantially
identical successor law), the following rules of conduct are hereby
issued. The rules of conduct shall apply to all employees of the District
of Columbia government and to all activities covered by Mayor's Order
2002-2 which established the Office of Partnership and Grants Development
( "OPGD"). Any District government employee who does not comply
with a rule set forth in this memorandum may be subject to adverse
personnel action.
I. GENERAL
1. Congress
has authorized the District to augment its budget as passed by
Congress pursuant to section 115 of the FY 2002 Appropriations Act
under which the Mayor must approve the solicitation, acceptance and
use of donations of funds, services and property. The Mayor has
delegated his authority under section 115 of the FY 2002
Appropriations Act to the Director of the Office of Partnerships and
Grants Development ("OPGD").
2. The
authority delegated to the Director of OPGD (and her/ his designee)
includes approval for donations to the Board of Trustees of the Public
Library, the Department of Parks and Recreation, the Commission on the
Arts and Humanities and any independent agency except the Council of
the District of Columbia and the Board of Education. Although an
agency may already have statutory authority to solicit and accept
donations, the rules set forth in this memorandum must be followed to
meet the requirements of section 115 of the FY 2002 Appropriations Act
(or any substantially identical successor law).
3. In order
for a donation to be legally authorized, the following requirements
must be met:
a. Solicitation
(if any), acceptance and use of the donation must be approved by the
Director of OPGD or her/his designee;
b. The donation
must be used for an "authorized function or duty" of the
District government.
c. Use of the
donation must be accounted for through record-keeping, audit and
accessibility for public inspection.
4. The Director of OPGD is the only official who, on behalf of the Mayor,
can approve solicitation or acceptance of donations to the District
government, unless that authority has been delegated specifically and
directly from the Director of OPGD.
5. Donations may come from individuals, organizations, foundations,
corporations, businesses, associations, and other entities and may be in
the form of checks, securities, real property (land and improvements),
facilities, personal property, and services.
6. Donations may be used to fund any District government activity for
which appropriated funds may otherwise be used.
7. Any solicitation of donations for the District government must be
approved on a form prescribed by the Director of OPGD. The form shall also
include a description of the effect (if any) of the donation on
future budgets of the District government. The form shall include a
description of the purpose for which the donation is sought and a
certification that:
(a) The
donation will be used by an agency or instrumentality of the District
government to fulfill an authorized function or duty;
(b) The
donation is consistent with the agency's plans for its programs and projects;
(c) The
donation is directly related to, and will be expended solely for, a
discrete program and/or purpose; and
(d) The
donation is consistent with applicable laws and policies.
8. Acceptance of all donations to benefit the District government must
also be approved on a form prescribed by the Director of OPGD (which form
may be the same form as prescribed in paragraph 7 above). Attached to the
form shall be a written donation agreement whose contents are described
under section III below. The donation agreement must be signed by
authorized representatives of both the donor and the District government.
9. A donation of funds may be accepted only if it is in the form of a
check or other negotiable instrument, and made payable to the order of, or
endorsed to, the District of Columbia Treasurer. Donation of funds may
only be accepted by the OPGD and shall be accepted and forwarded
immediately to the Office of the Chief Financial Officer. All monetary
gifts received directly by the OPGD must be deposited in an appropriate
account and maintained and disbursed under the same standards of
accountability and the same safeguards as monies appropriated by Congress.
All non-monetary gifts must be accounted for under the same standards and
procedures used to account for other similar government property in the Materiel
Management Manual. To be legally accepted, a donation offered to an
agency by a private individual or entity must be approved by the OPGD in
accordance with this memorandum.
10. The use of all donations received or disbursed shall be accounted for
by the agency that uses the donations under the same standards of
accounting and the same safeguards that are used for appropriated funds.
The agency shall maintain such information in a form suitable for audit
and public inspection as directed by the Director of OPGD and the Office
of the Chief Financial Officer. The Office of the Chief Financial Officer
shall issue a tax receipt to each donor for each donation
II. REASONS TO DISAPPROVE SOLICITATION OR ACCEPTANCE OF DONATIONS
1. The OPGD shall disapprove solicitation or acceptance of a donation if
any of the following circumstances applies:
(a) It appears
that the donation is being offered with the expectation of obtaining
advantage or preference in dealing with the District government or any of
its agencies;
(b) Acceptance
would create an appearance or actual conflict of interest for the
government employee to whom authority to solicit or accept donations has
been delegated;
(c) The
conditions placed on a donation are inconsistent with the authorized
purposes, policies, and/or planning documents of the District
government.
(d) The
intended use of the donation is inconsistent with or otherwise seeks to
circumvent laws, regulations or policies;
(e) The
donation is to an employee for her/his personal use, including but not
limited to a "reward", salary, or honorarium;
(f) The
acceptance of the donation will be used by the donor to state or imply the
endorsement by the District government of any product, service or entity;
or
(g) The
donation reasonably may be viewed as funding for political
activities.
2. Donations
from organizations in which a District government employee is an
officer, on the board of directors (including ex-officio) or is
otherwise engaged in a leadership or coordinating role with the
organization may be accepted only if the donation has been reviewed and
approved by the Corporation Counsel.
III. DONATION AGREEMENTS
A donation
agreement must accurately describe the donation. To do so, the agreement
must be in writing and include the following:
(1) A
statement of the proposed use of the donation and any conditions
placed on its use by the donor;
(2) A
statement of the authority for the agency's use of the donation;
(3) A
statement that the donation is a bona fide donation such that the
donor does not expect any special treatment from the District
government as a result of the donation; and
(4) A budget
of planned expenditures for use of the donation.
IV. ETHICAL CONDUCT
1. Failure to
follow any provision contained in this memorandum may be considered, at
a minimum, as evidence of an official decision outside official channels
in violation of the District government's standards of conduct because
failure to follow the authorized procedures takes this action outside
the scope of official activity. (See §1803.1 (e) of the D.C.
Personnel Regulations.)
2. An employee
may not use his or her official title, position, or any authority
associated with public office to solicit funds for a non-District
government organization or otherwise further a private fundraising
effort even if the organization donates the funds to the District
government. (See §§ 1803.1(a) and 1804.1(b) of the D.C.
Personnel Regulations.)
3. An employee may engage in the activity of fundraising for a
non-District government entity on his or her own time, unless there is a
likelihood that the employee may make an official decision or
recommendation about the organization.
4. An employee
who solicits funds for the District government, without delegated
authority, from a non-District government entity that interacts with the
District government or is regulated by it, may violate the standard of
conduct which prohibits a government employee from seeking, either
directly or through the intercession of others, any gift, gratuity,
favor, loan, entertainment, or other like thing of value from a person
who singularly or in concert with another:
(a) Has, or
is seeking to obtain, contractual or other business or financial
relations with the District government;
(b) Conducts
operations or activities regulated by the District government; or
(c) Has an
interest that may be favorably affected by the performance or
nonperformance of the employee's official responsibilities. ( See §1803.1 of the D.C. Personnel Regulations.)
5. The failure of
a government employee to follow District laws with respect to donations to
the District government may "adversely affect the confidence of the
public in the integrity of government." (See §1803.1 of the
D.C. Personnel Regulations.)
6. Under the
provisions of the Hatch Act, 5 U.S.C. §7321 et seq., no employee
may solicit funds for a political campaign for any office, either on or
off duty.
V. AGENCY PROCEDURES
1. Any person or
entity offering an unsolicited donation to an agency shall complete the
form prescribed under section 1(8), above, to support its request for
approval of the donation.
2. To
facilitate the acceptance of donations by OPGD, an agency may:
(a) Prepare
informational materials identifying projects, programs, or
objectives that are appropriate for private sector support;
(b) Provide
such materials to potential donors and members of the public who
request them;
(c) Respond
to questions about how to donate;
(d) Recruit
volunteers for the District government's volunteer services; and
(e) Assist in
the drafting of donation agreements.
VI. RECOGNITION OF DONORS
1. Donors may be
recognized for their donations through letters of acceptance and
appreciation, press releases, certificates and other items that
commemorate the gift.
2. Recognition of
corporate donations must not give the impression of advertising, or
commercialization. No product names should be used. Examples of acceptable
recognition of donations include letters of appreciation, press releases,
public events, certificates and other items that commemorate the gift.
Short, discrete, unobtrusive donor credit lines may be included on printed
material as a recognition. |
