Policy Text
DEPARTMENTAL
GENERAL ORDER N-11
30 Jun 98
Index as: Donations to the Department, Acceptance of Contributions of Surplus Police Department Items
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DONATIONS
The purpose of this general order is to set forth procedures for accepting donations of money, goods, and/or commodities of any description. Also, the procedures for the donation (contribution) of obsolete or surplus Departmental equipment or supplies to any outside organization(s) or individual(s) are set forth.
I. AUTHORITY TO ACCEPT DONATIONS
A. The City Council shall have the power to accept gifts and trusts on
behalf of the City and to control, manage, dispose of and otherwise administer the same in accordance with their terms.
B. The City Manager is authorized to expend monies derived from
donations to the City of Oakland in accordance with any special conditions the donor attached to said gifts and donations when the gift with the special conditions has been approved and accepted by the City Council by resolution.
C. The Chief of Police has final Departmental authority to recommend
acceptance of the City Council of any donations offered by individuals or organizations to the Department.
II. AUTHORITY TO MAKE CONTRIBUTIONS OF DEPARTMENT
PROPERTY
A. The contribution (donation) to public bodies, charitable or non-profit
civic organizations of surplus property (excluding real property) owned by the City, which has a value exceeding its continued care, handling, maintenance or storage, may be authorized only by resolution or ordinance of the City Council upon a finding and
DEPARTMENTAL GENERAL ORDER N-11 30 Jun 98
OAKLAND POLICE DEPARTMENT
determination by the Council that such property is surplus to the
needs of the City and that the donation is in the best interest of the City.
B. The City Manager may authorize donations to public bodies,
charitable, civic or non-profit organizations of City property which has no commercial value or which the cost of continued care, handling, maintenance or storage would exceed the estimated proceeds of sale. This determination shall be made in writing and countersigned by the Director of Budget and Finance and the City Manager.
C. All City property not covered by the above conditions shall be under
the purview of the Budget and Finance Agency’s Purchasing
Manager. The Purchasing Manager shall have the authority to sell
at public auction, after official public notification, supplies which cannot be used by any other City agency or department or which have become unsuitable for City use, or to exchange or trade in the same for new supplies. However, the sale of such supplies, conducted by the Purchasing Manager, may be made to other public bodies at fair market value.
III. PROCEDURES FOR ACCEPTING A DONATION A. To Accept or Reject the Donation
1. Personnel receiving an offer from groups or individuals
wishing to make a donation of money, goods, commodities, and/or services to the Department shall forward a memorandum, via the chain-of-command, to the Chief of
Police. The memo shall include the date the offer was
proffered, the name, address and telephone number of the prospective donor, a brief description of the donation (including its approximate dollar value), and any potential fiscal impact to the Department. Any conditions or restrictions on the use of the donation shall be specified. All written contracts, agreements, waivers, or Memorandum Of Understanding that must be executed by the Department or City Officials shall be noted.
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DEPARTMENTAL GENERAL ORDER N-11 30 Jun 98
OAKLAND POLICE DEPARTMENT
2. The Chief of Police shall review the memorandum to
determine if the Department should accept or reject the gift.
a. Rejection – The Chief of Police shall cause to have
written a polite letter of refusal to the potential donor.
b. Acceptance – The Chief of Police will forward the
memorandum, stamped with his approval, to the Planning and Fiscal Division.
3. Planning and Fiscal Division will:
a. Finalize an Agenda Report and resolution, based on a
draft report written by the recipient division/unit, for
fiscal impact review by the Budget and Finance
Agency and for the resolution’s form and legality by the City Attorney.
b. Upon approval from the Budget and Finance Agency
and the City Attorney, make any corrections and forward the Agenda Report and Resolution (initialed by the City Attorney) to the Chief for signature.
c. Forward the approved agenda packet to the Office of
the City Manager for placement on the City Council agenda.
4. A majority vote by the City Council is required for
acceptance of any donation. After approval, the Council shall direct the City Manager to appropriate the money, goods, commodities, and/or services back to the Department.
IV. CONTRIBUTIONS TO A PUBLIC BODY, CHARITABLE OR NON-
PROFIT CIVIC ORGANIZATION
A. The requesting Unit commander shall send a memorandum, via the
chain-of-command, to the Chief of Police. The memorandum shall include the name, address, and telephone number of the proposed recipient, a description of the equipment or property, and the reason the item is being proposed for donation.
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DEPARTMENTAL GENERAL ORDER N-11 30 Jun 98
OAKLAND POLICE DEPARTMENT
Note: Items for possible donation must be either obsolete or surplus
to the needs of the Department.
B. The Chief of Police will make the determination as to the suitability
of the proposed request and refer approved requests to the Planning and Fiscal Division for forwarding to the Budget and Finance Agency, Purchasing Department, for final evaluation. 1. If the value of the equipment/property exceeds the cost of
continued care