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Home My WebLink AboutCC Policy No. 115 - Donation of Surplus City Property & PD Unclaimed Amended October 17, 2023CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: June 17, 2003 POLICY # 115 TITLE: Donation of Surplus City Property and Police Department Unclaimed Personal Property Purpose To establish a policy for donating surplus City property, and Police Department unclaimed personal property to local, non-profit 501(c)(3) organizations, and/or other municipal agencies. Definitions • Municipal Agencies: public/government agencies, and Sister Cities. • Local Non-Profit 501(c)(3) Organizations: As defined by the IRS: non-profit 501(c)(3) organizations must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates. Such organizations are commonly referred to as charitable organizations. In order to be considered "local'', the organization must have a physical address within the City limits, and a valid National City Business License. The organization must be able to show proof of 'local' and 'non-profit' 501(c)(3) status. • Surplus City Property: is defined by Municipal Code Chapter 2.42 as "supplies or equipment belonging to the City which are no longer used or which have become obsolete or worn out or which are otherwise of no further use." • Police Department Unclaimed Personal Property: is defined in Municipal Code Chapter 2.44 as "goods or chattels which are no longer possessed by their lawful owner and for which demand by right has not been asserted by such lawful owner." After a specified retention period, the Police Department may release items for distribution or disposal in accordance with the Code. • "Request for Donation" form: available from the City's Intranet or the Finance Department/Purchasing Division. This form provides documentation of the agency and donation, and includes a Release of Liability. Policy The City Council may authorize the donation of surplus City property, or Police Department unclaimed personal property, to municipal agencies or local, non-profit 501(c)(3) organizations as defined above, consistent with Municipal Code section 2.42.040 (B)(4). The City Council may also direct the City Manager to conduct a "donation event" (see below) in the event that multiple agencies are requesting the same items. CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: June 17, 2003 POLICY # 115 TITLE: Donation of Surplus City Property and Police Department Unclaimed Personal Property Surplus City Property: Per Municipal Code Chapter 2.42, surplus City property must first be offered to all City Departments, before it can be disposed of in any way. Only items with a value of under $1,000 may be donated. Police Department Unclaimed Personal Property: Per Municipal Code Chapter 2.44.060 '' If after the expiration of the applicable retention period, the city manager or his/her authorized designee determines any unclaimed property in the possession of the police department is needed for public use, such property shall be retained by the city." Once it becomes City property, the City may dispose of it in accordance with the Municipal Code. Liability Issues: To reduce liability, City forces will not be involved in the loading, distribution or delivery of donated items. The recipient must provide their own labor force, loading equipment and vehicles, and they must pick the item(s) up from wherever it is being stored. The recipient must submit a signed "Donation Request" Form which includes a Release of Liability. Gift of Public Funds: if the non-profit 501(c)(3) is a local organization, then assisting them will also assist the National City residents they serve, and the donation will benefit the community. Procedures Municipal agencies and local, non-profit 501(c)(3) organizations may request donations by submitting the "Request for Donation" form to the Finance Department/Purchasing Division. The Purchasing Division will obtain City Council approval. The Finance Department/Purchasing Division will: • notify the City Council prior to sending anything to auction, to allow them the opportunity to consider donation instead • seek Council approval for all donation requests • develop a lottery system in the event that multiple agencies request the same item • coordinate the donation process and paperwork • provide details regarding the type of property that is available, upon request • upon approval by the City Council, make the property available to the requesting agency • verify local, non-profit 501(c)(3) status via physical proof, and website registries such as: www.guidestar.com • confirm valid business license for local non-profit 501(c)(3) agencies • ensure completion of a "Request for Donation" form and signatures • document the donation • ensure that City property tags, and other sensitive City information (hard drives, etc) have been removed from the property CITY COUNCIL POLICY CITY OF NATIONAL CITY AMENDED: October 17, 2023 ADOPTED: June 17, 2003 POLICY # 115 TITLE: Donation of Surplus City Property and Police Department Unclaimed Personal Property • notify the Finance Department to remove applicable items from the City's Fixed Asset Inventory. Related Policy References Municipal Code Chapter 2.42 Municipal Code Chapter 2.44 IRS Code 50l(c)(3) Donation Request Forms are available from the Purchasing Division of the Finance Department Prior Policy Amendments: June 17, 2003 (Resolution No. 2003-76) April 20, 2004 (Resolution No. 2004-58) June 11, 2013 (Revised – No Resolution – Refer to Meeting Minutes) October 8, 2013 (Resolution No. 2013-147) October 17, 2023 (Resolution No. 2023-149)