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An ordinance amending Section 5.04.120 of the Metropolitan Code of Laws to increase the threshold of donations that Metropolitan Government departments, boards, and commissions may accept and expend and to require certain information be included in the resolution accepting a donation.
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WHEREAS, Section 5.04.120(A) of the Metropolitan Code of Laws provides that departments, boards, and commissions of the Metropolitan Government that do not have independent authority to accept donations may accept and expend donations with a value of less than or equal to five thousand dollars, exclusive of donations of real property or interests in real property; and
WHEREAS, Section 5.04.120(B) of the Metropolitan Code of Laws provides that departments, boards, and commissions of the Metropolitan Government that do not have independent authority to accept donations may accept donations with a value greater than five thousand dollars, exclusive of donations of real property or interests in real property, with the approval of the Metropolitan Council by resolution; and
WHEREAS, Section 5.04.120 of the Metropolitan Code of Laws was originally established under Ordinance No. BL2014-818 to streamline the donation process and reduce the amount of staff time and resources necessary to process donations; and
WHEREAS, the five thousand dollar donation threshold in Section 5.04.120 of the Metropolitan Code of Laws was established over fifteen (15) years ago in 2006 per Ordinance No. BL2006-1015 and has not been updated since. Adjusted for inflation, this threshold in today’s dollars would approximate seven thousand dollars ($7,000) in current real value.
WHEREAS, it is appropriate to update this threshold in the interests of reflecting current fiscal conditions; and
WHEREAS, the citizens of Nashville and Davidson County will benefit by expedited acceptance and use of donations to the Metropolitan Government.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 5.04.120 of the Metropolitan Code of Laws is hereby amended by deleting this section in its entirety and substituting in lieu thereof the following:
5.04.120 Acceptance of donations.
A. All departments, boards, and commissions of the metropolitan government that do not have independent authority to accept donations may accept and expend donations with a value of less than or equal to seven thousand, five hundred dollars, exclusive of donations of real property or interests in real property.
B. All departments, boards, and commissions of the metropolitan government that do not have independent authority to accept donations may accept donations with a value greater than seven thousand, five hundred dollars, exclusive of donations of real property or interests in real property, with the approval of the metropolitan council by resolution.
C. A resolution filed with the metropolitan council for the approval of a donation, exclusive of donation of real property or interests in real property, must contain the following information:
1. If a donation from an individual or individuals, the name of the individual or individuals.
2. If a donation from a group or legal entity:
a. The legal name of the entity;
b. The names of any officers of the organization;
c. A description of the organization and its mission; and
d. The organization’s website, if applicable.
Section 2. That this Ordinance shall take effect from and after its final passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance amends Section 5.04.120 of the Metropolitan Code of Laws to increase the threshold for donations, exclusive of donations of real property, that Metropolitan Government departments, boards, and commissions may accept and expend. It would also require certain information be included in the resolution that accepts the donation.
Pursuant to the current Metropolitan Code, departments may accept donations with a value of less than $5,000. Donations of over $5,000 require approval of the metropolitan council by resolution.
This ordinance would increase the threshold from $5,000 to $7,500. It would further require certain information be included in the resolution filed with the council for the approval of the donation. The information required would be:
1. If a donation from an individual, the name of the individual or individuals.
2. If a donation from a group or legal entity:
a. The legal name of the entity;
b. The names of any officers of the organization;
c. A description of the organization and its mission; and
d. The organization’s website, if applicable.