Section 19-811. DCPL PROCEDURES FOR SOLICITATION AND/OR DONATION OF FINANCIAL, IN-KIND AND FIXED ASSET GIFTS

 

811.1The provisions of §§ 811 through 817 of this chapter shall provide the District of Columbia Public Library ("DCPL") agency procedures for the legal authorization to solicit from possible sponsors, accept and use donations to benefit the library. These rules shall also govern record- keeping requirements, audit procedures, accessibility of records for public inspection.

 

811.2The policies and guidelines set forth are based on the legislation titled "Public Charter School Assets and Facilities Preservation Amendment Act of 2006" which amends D.C. Official Code, §§ 39-101 et seq.  The new legislation provides that the Board of Library Trustees (the "Board") may accept donations, gifts by devise or bequest, grants, and any other type asset from individuals, groups, organizations, corporations, partnerships, and other governmental entities.

 

811.3The solicitation from sponsors and/or donation authorization process requires the successful completion of three basic components (1) the Application to Approve Donations ("AAD Form"); (2) the Legal Sufficiency Review; and (3) the Donation Agreement signed by all parties.

 

811.4The Board shall approve all donations, gifts, grants, or assets with a value of $10,000 or more, but may delegate its authority to accept any donation, gift, grant, or asset with a value of less than $10,000 to the Chief Librarian of the public library.

 

811.5The required signatures for the AAD Form if donation is under $10,000 is the Donor, General Counsel, and the Chief Librarian and/or designee. All signatures shall be obtained in that order.

 

811.6The required signatures for the AAD Form if the donation is $10,000 and over is the Donor, General Counsel, Chief Librarian, and the President of the DCPL Board of Trustees. All signatures shall be obtained in that order.

 

811.7The donation may consist of financial (checks and other negotiable instruments), in-kind (direct payments and services), and fixed assets.

 

811.8For the purposes of this legislation, fixed assets may include furniture, equipment and computers.

 

811.9The Board is responsible for the managing of all donations whether in-kind, fixed asset and/or funds (both checks and negotiable instruments) in accordance with the provisions or conditions of the donation by the donor.

 

811.10All donation agreements must be in writing and contain a description of the purpose for which the donation is sought and a certification that:

 

(1)A statement of the proposed use of the donation and any conditions placed on its use by the donor;

 

(2)A statement of authority which denotes the agency's use of the donation;

 

(3)A statement certifying that the donation is a bona fide donation and the donor does not expect any special treatment from the District Government as a result of the donation;

 

(4)A budget of planned expenditures for use of the donation;

 

(5)The donation will be used by the agency or instrumentality of the District government to fulfill an authorized function or duty;

 

(6)The donation is consistent with the agency's plans for its programs and projects;

 

(7)The donation is directly related to, and will be expended solely for, a discrete program and/or purpose; and

 

(8)The donation is consistent with applicable laws and policies.

 

811.11Donations may be used to fund any District Government activity for which appropriated funds may otherwise been obligated.

 

811.12Each applicant seeking authority from the Board of Library Trustees and/or Chief Librarian to solicit, accept, or use donations must obtain a legal sufficiency review from the Office of the General Counsel.

 

811.13The General Counsel shall provide a written memorandum to the Chief Librarian and/or Board of Library Trustees rendering legal sufficiency determination of all solicitations and donations. However, the General Counsel may forward a written notice, other than a memorandum, where it is determined that the donation request submitted is covered by an earlier review of a similar donation that has already received legal sufficiency approval.

 

811.14A signed donation form is required for all book donations and must be submitted to the Office of the General Counsel. Book donations are approved upon receipt and do not need to go through legal sufficiency approval pursuant to D.C. Official Code, §§ 39-101 et seq. (2001 Ed.).

 

811.15The legal review process should be completed within fifteen (15) days of receipt of the application for donation.

 

 

authority

An Act to establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; D.C. Official Code § 39-105 (2012 Repl.)).

source

Final Rulemaking published at 54 DCR 9177 (September 21, 2007); as amended by Final Rulemaking published at 62 DCR 14084 (October 30, 2015).