Restrictions on municipalities accepting gifts or donations that is not real property
There are some businesses in the municipality I represent that want to help with or pay for some storm cleanup. I haven't found any Oklahoma Statutes preventing any such activity. I am aware that real property can be donated to municipalities, but what about services? I know volunteer work can be performed too. I am concerned about a business paying a contractor to come and do the work for the benefit of the city, which doesn't necessarily sound like a volunteer effort. Any help would be appreciated.
Robert Ray Jones, Jr.
jones@lytlesoule.commailto:jones@lytlesoule.com
[cid:image002.png@01D714DB.14388240]
119 N. Robinson, Suite 1200
Oklahoma City, OK 73102
405-235-7471 | 405-232-3852 (fax)
www.lytlesoule.com
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Volunteers are covered under the tort claims act but paid contractors working on public property would likely not be considered volunteers and therefore there would be a liability issue for their negligence.
From Section 152 of tort claims act:
"Employee" means any person who is authorized to act in behalf of a political subdivision or the state whether that person is acting on a permanent or temporary basis, with or without being compensated or on a full-time or part-time basis.
a. Employee also includes:
(1) all elected or appointed officers, members of governing bodies and other persons designated to act for an agency or political subdivision, but the term does not mean a person or other legal entity while acting in the capacity of an independent contractor or an employee of an independent contractor,
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama oama-bounces@lists.imla.org on behalf of Ray Jones jones@lytlesoule.com
Sent: Tuesday, March 9, 2021 11:55 AM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] Restrictions on municipalities accepting gifts or donations that is not real property
There are some businesses in the municipality I represent that want to help with or pay for some storm cleanup. I haven’t found any Oklahoma Statutes preventing any such activity. I am aware that real property can be donated to municipalities, but what about services? I know volunteer work can be performed too. I am concerned about a business paying a contractor to come and do the work for the benefit of the city, which doesn’t necessarily sound like a volunteer effort. Any help would be appreciated.
Robert Ray Jones, Jr.
jones@lytlesoule.commailto:jones@lytlesoule.com
[cid:image002.png@01D714DB.14388240]
119 N. Robinson, Suite 1200
Oklahoma City, OK 73102
405-235-7471 | 405-232-3852 (fax)
IMPORTANT NOTICE:
This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is intended to be delivered only to the named addressee(s). E-mail to clients of this firm presumptively contain privileged and confidential information. E-mail to non-clients are presumptively confidential and may be privileged. The information transmitted is intended only for the person or entity to which it is addressed. Any review, retransmission, dissemination or other use of this information, directly or indirectly, by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers in which it resides.
A city is also immune from liability for negligence of an independent contractor under 51 O.S. §155 (18)
The state or a political subdivision shall not be liable if a loss or claim results from:
18. An act or omission of an independent contractor or consultant or his or her employees, agents, subcontractors or suppliers or of a person other than an employee of the state or political subdivision at the time the act or omission occurred;
The issue may be whether the public is adequately protected by negligence of the volunteer / independent contractor. City may want a formal contract to make sure the job is done to proper specifications. In addition, the Cities will often require proof of insurance coverage from the independent contractor to make sure a potentially injured citizen has a remedy.
Hope this is helpful.
OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
www.omag.orghttps://na01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cksesock%40omag.org%7C7b0af7708d2145459d0008d5d005912d%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C636643644718063768&sdata=O5U4CEM0kJLxSbEQIcdB%2BtRnRqcj9gWhJquY26D8F1o%3D&reserved=0
From: Oama oama-bounces@lists.imla.org On Behalf Of david davis
Sent: Tuesday, March 9, 2021 12:05 PM
To: Ray Jones jones@lytlesoule.com; oama@lists.imla.org
Subject: Re: [Oama] Restrictions on municipalities accepting gifts or donations that is not real property
Volunteers are covered under the tort claims act but paid contractors working on public property would likely not be considered volunteers and therefore there would be a liability issue for their negligence.
From Section 152 of tort claims act:
"Employee" means any person who is authorized to act in behalf of a political subdivision or the state whether that person is acting on a permanent or temporary basis, with or without being compensated or on a full-time or part-time basis.
a. Employee also includes:
(1) all elected or appointed officers, members of governing bodies and other persons designated to act for an agency or political subdivision, but the term does not mean a person or other legal entity while acting in the capacity of an independent contractor or an employee of an independent contractor,
CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.
s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.commailto:ddavislaw@live.com
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> on behalf of Ray Jones <jones@lytlesoule.commailto:jones@lytlesoule.com>
Sent: Tuesday, March 9, 2021 11:55 AM
To: oama@lists.imla.orgmailto:oama@lists.imla.org <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Restrictions on municipalities accepting gifts or donations that is not real property
There are some businesses in the municipality I represent that want to help with or pay for some storm cleanup. I haven't found any Oklahoma Statutes preventing any such activity. I am aware that real property can be donated to municipalities, but what about services? I know volunteer work can be performed too. I am concerned about a business paying a contractor to come and do the work for the benefit of the city, which doesn't necessarily sound like a volunteer effort. Any help would be appreciated.
Robert Ray Jones, Jr.
jones@lytlesoule.commailto:jones@lytlesoule.com
[cid:image002.png@01D714DF.A5F469C0]
119 N. Robinson, Suite 1200
Oklahoma City, OK 73102
405-235-7471 | 405-232-3852 (fax)
www.lytlesoule.comhttp://www.lytlesoule.com
IMPORTANT NOTICE:
This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is intended to be delivered only to the named addressee(s). E-mail to clients of this firm presumptively contain privileged and confidential information. E-mail to non-clients are presumptively confidential and may be privileged. The information transmitted is intended only for the person or entity to which it is addressed. Any review, retransmission, dissemination or other use of this information, directly or indirectly, by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from all computers in which it resides.
