D.C. Mun. Regs. tit. 19, r. 19-811
The 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.
The 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.
The 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.
The Board shall approve all donations, gifts, grants, or assets with a value of $10,000.00 or more, but may delegate its authority to accept any donation, gift, grant, or asset with a value of less than $10,000.00 to the Chief Librarian of the public library.
The required signatures for the AAD Form if donation is under $10,000.00 is the Donor, General Counsel, and the Chief Librarian and/or designee. All signatures shall be obtained in that order.
The required signatures for the AAD Form if the donation is $10,000.00 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.
The donation may consist of financial (checks and other negotiable instruments), in-kind (direct payments and services), and fixed assets.
For the purposes of this legislation, fixed assets may include furniture, equipment and computers.
The 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.
All donation agreements must be in writing and contain a description of the purpose for which the donation is sought and a certification that:
Donations may be used to fund any District Government activity for which appropriated funds may otherwise been obligated.
Each 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.
The 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 a earlier review of a similar donation that has already received legal sufficiency approval.
A 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, Title 39-101 et.seq. (2001Ed.).
The legal review process should be completed within fifteen (15) days of receipt of the application for donation.
D.C. Mun. Regs. tit. 19, r. 19-811