Does anyone have concerns about a municipality seeking gifts or donations?
Specifically, a few years ago, Miami reacquired a 1940's fire truck that originally belonged to Miami and still has our name on it. Our firemen and Council are now getting real excited about refurbishing it and getting it to run again - just so we can use it in parades and they can take it to schools for fire safety assemblies and that sort of thing. It definitely will never be used in the line of duty, so I am not excited about expending tax dollars on it (same for the Council). Therefore, can we raise money through donations, etc. as it will definitely be a neat thing to have. What is the downside?
Another example is that our citizens are getting excited out the good things we are doing at our animal shelter. Can we monopolize on that by setting up a "Donate" button on its website?
I don't believe either would be illegal, but have any of you experienced a negative side of this sort of thing? Or am I completely missing something and it would be illegal?
Ben Loring, OBA #5529
City Attorney
PO Box 1288
Miami, OK 74355
bloring@miamiokla.netmailto:bloring@miamiokla.net
W (918) 541-2204
C (918) 533-6533
This communication is for use by the intended recipient and contains information that may be privileged, confidential, or copyrighted under law. If you are not the intended recipient, you are hereby formally notified that any use, copying, or distribution of this email or its contents, whether in whole or in part, is strictly prohibited. If this email is received in error, please notify the sender by return email and delete this email from your system. Unless explicitly and conspicuously stated in the subject matter of the above email, this email does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. The email does not constitute consent to the use of the sender's contact information for direct marketing purposes or for transfers of data to third parties.
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Ben- this is a 2002 AG opinion that covers your question. Essentially, a public body can accept donations, and can even keep this donations confidential if requested by the donor.
https://www.oscn.net/applications/oscn/deliverdocument.asp?id=406360&hits=1360+1249+1100+1054+1039+1023+974+929+922+916+894+844+828+ https://www.oscn.net/applications/oscn/deliverdocument.asp?id=406360&hits=1360+1249+1100+1054+1039+1023+974+929+922+916+894+844+828+
Erik Johnson | Attorney at Law
[EJ Logo]
112 E. 10th Street
Ada, OK 74820
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On Feb 4, 2022, at 12:16 PM, Ben Loring Bloring@miamiokla.net wrote:
Does anyone have concerns about a municipality seeking gifts or donations?
Specifically, a few years ago, Miami reacquired a 1940’s fire truck that originally belonged to Miami and still has our name on it. Our firemen and Council are now getting real excited about refurbishing it and getting it to run again – just so we can use it in parades and they can take it to schools for fire safety assemblies and that sort of thing. It definitely will never be used in the line of duty, so I am not excited about expending tax dollars on it (same for the Council). Therefore, can we raise money through donations, etc. as it will definitely be a neat thing to have. What is the downside?
Another example is that our citizens are getting excited out the good things we are doing at our animal shelter. Can we monopolize on that by setting up a “Donate” button on its website?
I don’t believe either would be illegal, but have any of you experienced a negative side of this sort of thing? Or am I completely missing something and it would be illegal?
Ben Loring, OBA #5529
City Attorney
PO Box 1288
Miami, OK 74355
bloring@miamiokla.netmailto:bloring@miamiokla.net
W (918) 541-2204
C (918) 533-6533
This communication is for use by the intended recipient and contains information that may be privileged, confidential, or copyrighted under law. If you are not the intended recipient, you are hereby formally notified that any use, copying, or distribution of this email or its contents, whether in whole or in part, is strictly prohibited. If this email is received in error, please notify the sender by return email and delete this email from your system. Unless explicitly and conspicuously stated in the subject matter of the above email, this email does not constitute a contract offer, a contract amendment, or an acceptance of a contract offer. The email does not constitute consent to the use of the sender's contact information for direct marketing purposes or for transfers of data to third parties.
This communication may contain attorney-client privileged and/or attorney-work-product privileged information and such privileges will be claimed to the greatest extent allowed by law.
All emails sent and received by employees of the City of Miami are considered its property and may be subject to disclosure to the public pursuant to the Oklahoma Open Records Act.
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