Hello all.  One of our Cities is inquiring about the possibility of soliciting and accepting donations for a third-party non-profit that is not affiliated with the City.  The proposal is that a line be added to the City's utility bill where citizens could make a donation to the charity and add it the payment being made to the city.  While I am concerned about the additional work being created for the billing clerk, my real question is whether or not this would even be legal in Oklahoma.  I am finding little authority on this issue so any help or guidance would be greatly appreciated.
Thanks,
Billy Wheeler

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I don't think this would be legal and also would be a bad idea and increase potential legal liability.

1. I don't think it is legal because City resources (staff time, billing admin costs) are being used for a private purpose (the non-profit is still a private purpose) in violation of the Oklahoma Constitution's requirement that municipal resources be used only for public, municipal purposes.
2. First Amendment concerns. The City would be opening up a City-sponsored expressive forum to this nonprofit. You may find that other nonprofits want equal access to this forum and would likely be entitled to it. What if some of those nonprofits have platforms and causes that City officials don't find appropriate and don't want to support? Suddenly you are dealing with potential viewpoint discrimination and a host of other First Amendment issues. I know not a super academic explanation but I think it touches on some of the major issues.

Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

From: wwheeler oktitleattorney.com via Oama oama@lists.imla.org
Sent: Monday, September 11, 2023 9:39 PM
To: oama@lists.imla.org
Subject: [Oama] Municipal solicitation of donations for third party

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello all.  One of our Cities is inquiring about the possibility of soliciting and accepting donations for a third-party non-profit that is not affiliated with the City.  The proposal is that a line be added to the City's utility bill where citizens could make a donation to the charity and add it the payment being made to the city.  While I am concerned about the additional work being created for the billing clerk, my real question is whether or not this would even be legal in Oklahoma.  I am finding little authority on this issue so any help or guidance would be greatly appreciated.
Thanks,
Billy Wheeler

[cid:image001.jpg@01D9E55A.F42C94C0]

This message from the law office of Mueller, Wheeler & Associates, PLLC may contain confidential or privileged information. If you received this transmission in error, please call us immediately at (405) 282-7677 or contact us by E-mail at wwheeler@oktitleattorney.commailto:wwheeler@oktitleattorney.com. Disclosure or use of any part of this message by persons other than the intended recipient is prohibited.

I agree with Teresa.
Ray

Sent from Mail for Windows

From: Teresa Nowlin via Oama
Sent: Tuesday, September 12, 2023 9:25 AM
To: wwheeler oktitleattorney.com; oama@lists.imla.org
Subject: [Oama] Re: Municipal solicitation of donations for third party

I don’t think this would be legal and also would be a bad idea and increase potential legal liability.
(1) I don’t think it is legal because City resources (staff time, billing admin costs) are being used for a private purpose (the non-profit is still a private purpose) in violation of the Oklahoma Constitution’s requirement that municipal resources be used only for public, municipal purposes.
(2) First Amendment concerns. The City would be opening up a City-sponsored expressive forum to this nonprofit. You may find that other nonprofits want equal access to this forum and would likely be entitled to it. What if some of those nonprofits have platforms and causes that City officials don’t find appropriate and don’t want to support? Suddenly you are dealing with potential viewpoint discrimination and a host of other First Amendment issues. I know not a super academic explanation but I think it touches on some of the major issues.

Teresa Nowlin | City Attorney
City of Jenks
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

From: wwheeler oktitleattorney.com via Oama oama@lists.imla.org
Sent: Monday, September 11, 2023 9:39 PM
To: oama@lists.imla.org
Subject: [Oama] Municipal solicitation of donations for third party

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Hello all.  One of our Cities is inquiring about the possibility of soliciting and accepting donations for a third-party non-profit that is not affiliated with the City.  The proposal is that a line be added to the City’s utility bill where citizens could make a donation to the charity and add it the payment being made to the city.  While I am concerned about the additional work being created for the billing clerk, my real question is whether or not this would even be legal in Oklahoma.  I am finding little authority on this issue so any help or guidance would be greatly appreciated.
Thanks,
Billy Wheeler

This message from the law office of Mueller, Wheeler & Associates, PLLC may contain confidential or privileged information. If you received this transmission in error, please call us immediately at (405) 282-7677 or contact us by E-mail at wwheeler@oktitleattorney.com. Disclosure or use of any part of this message by persons other than the intended recipient is prohibited.