Memo - Donations
. M E M 0 R A N D U M
To: Steve Mielke
From: Jim Genellie
Date: April 7, 1993
Subject: Donations
A question was raised concerning the legality of the City Council giving tax dollars or in
kind help to non-city organizations. Specifically, Eden Prairie City Attorney Roger Pauley
stated that its illegal to give tax dollars or in kind help to non-city organizations.
Researching this in the League of Minnesota Cities handbook, I came upon the following
statement:
"Nonlegal expenditures include a donation to any person, corporation, or private institution
not under the direct control of the city government". (A.G. Op. 99, 1934)
There are, however, some specific exemptions in state law. M.S. 469.191 allows
contributions to regional or local organizations, specifically: "a city may appropriate not
more than $50,000 annually out of the general revenue fund of the jurisdiction to be paid
to any incorporated development society or organization of this state for promoting,
advertising, improving, or developing the economic and agricultural resources of the city."
. M.S. 471.941 allows appropriations for artistic activities. This section reads: "For the
purposes of this section, an artistic organization means an association, corporation, or
other group of persons that provide an opportunity for persons to participate in the
creation, performance, or appreciation of artistic activities." A city may appropriate money
to support artistic organizations.
Finally, M. S. 469.189 allows appropriation for advertising purposes. It reads, "The
governing body of any Home Rule Charter city of the second, third or fourth class may
annually appropriate money to advertise the municipality and its resources and
advantages. The money appropriated shall be used only to advertise the municipality or
for cooperative programs of promotion by the area of more than one municipality and its
resources and advantages."
The Charter does not speak directly to giving gifts. The following is the general welfare
language from the Charter:
SECTION 12.14. CERTAIN ORDINANCES AND POWERS. Subdivision 1. For purpose of promoting the
health, safety, morals or general welfare of the City, the Council may by ordinance regulate, structures and
land for trade, industry, business, residence or other purposes. It may declare the existence of and provide
for the rehabilitation of blighted areas. It may provide for the acquisition and management of privately owned
lands, buildings and other real and personal property interests by the City for any purposes in the public
interest or welfare, and for the sale or any other disposal thereof, provide methods of procedure for any such
. purposes, and make any other provisions as may appear desirable for the purpose herein expressed.
]
League Of Minnesota Cites
. Criteria for valid public expenditures
In order for an expenditure of public funds to be lawful, it should meet
BOTH of the following standards:
. Public purpose. There must be a public purpose for the expenditure.
. Authority. There must be specific or implied authority for the expenditure in statute or in
the city's charter. Specific authority is usually fairly clear. In contrast, whether authority
is implied by a particular statute or charter provision is subject to interpretation. Cities
should consult with their city attorneys as to whether authority for a specific
expenditure is implied.
The Minnesota Constitution requires that taxation must be for a public purpose. It also
generally prohibits giving or loaning the credit of the state to aid any individual, association
or corporation.
Although a state law may be passed to give a city authority to spend money on various
purposes, the Minnesota Constitution prohibits the Legislature from passing any local or
special law that authorizes public taxation for a private purpose. Thus, a public
expenditure must always be for a public purpose.
This leads to the question of what is meant by "public purpose." The meaning of "public
. purpose" is constantly evolving. The Minnesota Supreme Court has followed a liberal
approach, and has generally concluded that "public purpose" means an activity that meets
ALL of the following standards:
. The activity will benefit the community as a body.
. The activity is directly related to functions of government.
. The activity does not have as its primary objective the benefit of a private interest.
The Minnesota Supreme Court has also held that the general objective of a public
purpose is to promote the following for all of a city's residents:
. Public health
. Safety
. General welfare
. Security
. Prosperity
. Contentment
Although attorney general opinions can be useful for guidance in determining whether a
public expenditure is valid, the courts will make the final decision. The proper focus of
inquiry for a court is whether the expenditure will benefit the community as a whole and is
. related to the functions of government.
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Artistic organizations (Minn. Stat. ~ 471.941)
. Counties, cities, and townships may appropriate money to support artistic organizations.
The appropriation may be divided among multiple artistic organizations in proportions that
are determined by the governing body. An "artistic organization" is an association,
corporation or other group that provides an opportunity for people to participate in the
creation, performance or appreciation of artistic activities, induding:
. Music
. Dance
. Drama
. Folk art
. Arch itectu re
. Painting
. Sculpture
. Photography
. Graphic and craft arts
. Costume and fashion design
. Motion pictures
. Television
. Radio
. Tape and sound records
. . Activities related to the presentation, performance. execution, and exhibition of the art
forms
. The study of the arts and their application to the human environment
Although the above listing is lengthy, this appropriation is not limited to
the above referenced activities. Other similar activities or events may also
be included.
Donations to organizations
Cities are often asked to make donations to organizations. While many organizations
operate for good causes, they generally cannot receive public money. In some limited
situations, however, there may be authority for various types of financial support. Cities
should be certain authority for making a donation exists before making one.
Any city or county may appropriate an amount to provide grants to nonprofit organizations
that operate community food shelves and provide food to the needy without charge. There
is also authority to provide public money to support hospitals and certain economic
development organizations.
The Minnesota attorney general has considered the question of donating public funds to
various types of groups and has held such donations are illegal. The attorney general has
. found the following public expenditures to be improper:
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. To sponsor a local bowling team.
. . To sponsor a local kitten ball team (similar to softball).
. To help the American Legion build a Legion Hall.
. To help subsidize the expenses of a drum and bugle corps. The statutes do allow
some expenditures to provide musical entertainment or have a city band, orchestra or
chorus.
. To help support the Red Cross.
.
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. POLICY 2-D
CONTRIBUTIONS TO AGENCIES
1. PURPOSE
1.01 TIle purpose of the Policy is to establish procedures and guidelines regulating the
allocation of funds to non-City sponsored organizations.
2. GENERAL
2.01 The City presently funds organizations that provide services to Hopkins residents. From
time to time, requests are made to increase funding or begin a new contribution.
2.02 Because public funds are being spent, the City Council expects that these organizations
will keep accurate financial and program records so that the benefit fi~om the City's
funding can be readily detennined.
2.03 The Council will generally consider such requests when it can be clearly demonstrated
that there is a significant potential benefit to City residents or when failure to provide
funding would, in the Council's opinion, create a serious hardship for a part or all of the
community. Philosophically, the City Council believes that its funding of non-City
organizations should be limited.
. 3. PROCEDURES
3.01 Requests for funding shall be submitted in writing to the City Manager's Office by July
l, to be considered for funding for the year beginning the succeeding January 1. The
request will specify the amount requested, why City funding is necessary, the reasons
for changes, if any, in the requested amount, the specific benefit to Hopkins residents
(number of clients to be served, etc.), previous program statistics related to such benefit,
if available, and a proposed budget including expected sources and uses of funds.
3.02 The City Council may request representatives of sllch organizations to appear at budget
work sessions held in August and September, to fmther explain or justify requests.
3.03 If funded, organizations must agree to keep program statistics, as specified by the City
Council, speci fically documenting service or benefit to Hopkins residents, and submit
such documentation to the City Manager's Office on July 1 and January 1.
3.04 Funded organizations shall submit appropriate financial statements for the most recently
completed fiscal year otherwise associated with the organization, which show the
financial condition of the organization and that the City's funds were spent for the
intended purpose.
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Legislative Policy Manual u Chapter 2-D I
. 4. PROVISION FOR COUNCIL INPUT
4.01 The City Council reserves the right to appoint one of its members or a representative to
the Board of Directors of all organizations receiving City funding.
Established 8/18/87
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Legislative Policy Manual -- Chapter 2-D 2