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HomeMy WebLinkAboutAdmin Order 21-91-01 CITY fILE NO. ? I -4.. \ - () l ADMINISTRATIVE ORDER OF THE CITY MANAGER City of Eugene, Oregon ESTABLISHING RULES AND PROCEDURES REGARDING GIFTS TO ELECTED OR APPOINTED OFFICIALS The City Manager of the City of Eugene finds that: A. From time to time other governmental entities, companies or indi- viduals give gifts to the City or its officers or employees. It is necessary to promulgate rules concerning such gifts in order to: 1. Provide for the accounting of such gifts; 2. Provide for the display and storage of gifts given to the City by other governmental entities, companies and individuals; 3. Provide a method for City elected or appointed officials and other City staff who represent the City to turn gifts over to the City; 4. Maintain a record of the gifts received and the disposition thereof in order to avoid any violations of ethics laws; and 5. Protect public confidence in the impartiality of the City's relationship with those who do business with the City. B. Pursuant to Sections 16(1) and 16(2) of the Eugene Charter, the City Manager is the administrative head of the City and business agent for the council. The Manager is therefore responsible for handling property matters for the city and for establishing rules governing acceptance of gifts by employees and is authorized to promulgate rules concerning gifts. C. All items or services received by an elected or appointed official or other City staff because of the person's position or duties as a represen- tative or employee of the City should be reported to the City Recorder's office for inclusion in the gift inventory listing. D. ORS 244.040(2) forbids any public official from receiving gifts with an aggregate value in excess of $100 from any single source which could reasonably be known to have a legislative or administrative interest in the agency where the official has a position or over which the official exercises some authority. Inclusion of gifts received by public officials in the gift inventory listing will promote public confidence in the integrity of the City's elected and appointed officials and assure compliance with applicable ethics laws. E. The City departments and the City Recorder are best qualified to account for gifts received and maintain information on their location or disposition. Based on the above findings, the City Manager orders that: Administrative Order - 1 1. Gifts given to the City of Eugene in care of elected or appointed City officials and other City staff who represent the City shall be tracked by the City Department which administers the program under which auspices the gift was received. The cumulative listing of all gifts given the City will be maintained by the City Recorder's Office. 2. The listing shall include the description of the item, source, date received, estimated value, any identifying numbers or symbols which are unique to the item (such as serial number), disposition (such as displayed, archived, etc.), and location (such as where displayed, department responsi- ble for item, archived). 3. A copy of the gift inventory listing will travel with the item in its disposition, and will remain with it. Instructions on notifying the City Recorder's Office of changes regarding the item (location, condition, value, etc.) will also accompany the item so that the list of gifts can be updated. 4. Wherever possible given physical requirements of display, security, maintenance, etc., the gift shall be displayed by the department most closely allied with the program under whose auspices the gift was received by the representative of the City. The City Manager may choose other display alter- natives as appropriate. The department responsible for the display of the gift shall be responsible for its maintenance. In the event the department is moved, divided or merged, the succeeding department most closely identi- fied with the program under whose auspices the gift was received shall assume responsibility for the gift. 5. All negotiable gifts shall be turned over to the City Manager to be deposited in the appropriate fund or made available to the recipient agency or official in accordance with the intent of the donor. 6. The City Attorney shall review all negotiable or in-kind gifts with a value greater than $100 that are to be returned to the individual who re- ceived the gift for that individual's use. 7. All monetary gifts received by an elected or appointed official or other City staff because of the person's position or duties as a representa- tive or employee of the City shall be accounted for and recognized as revenue in the City's budget; all physical gifts valued in excess of $2,000 shall be accounted for and recognized as revenue in the City's budget. 8. Nothing contained herein shall apply to gifts received pursuant to Section 2.159 of the Eugene Code, 1971 which authorizes the Downtown Commis- sion to receive gifts on behalf of the council, and to recommend the use or disposition of such property to the Council, or to gifts received pursuant to Section 2.365 of the Eugene Code, 1971, which allows the Planning Commission to receive gifts and to have control and disposition over these gifts. Gifts given to the City in care of an official who serves on either the Downtown Commission or the Planning Commission shall be considered as a gift to the respective body and may be disposed of according to the method provided in the relevant Code section. Dated and effective this /3 --I!L (~)6'/--?// Ph'~JliC al Administrative Order - 2