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12.0 Reasons to Disapprove Solicitation or Acceptance of Donations

A.  The Director of OPGS shall disapprove the solicitation or acceptance of a donation if any of the following circumstances applies:

  1. It appears that the donation is being offered with the expectation of obtaining advantage or preference in dealing with the District government or any of its agencies;
  2. Acceptance of the donation would create an apparent or actual conflict of interest for the recipient agency or entity to which authority to solicit or accept donations has been delegated.  A conflict of interest may be waived for good cause shown if, in its sole discretion, the waiver is deemed appropriate by OAG.  Good cause may be found to exist whenever OAG concludes that: i) the conflict is so remote or inconsequential that acceptance of the donation would not be deemed likely to affect the integrity of the government; and ii) the donation would be sufficiently helpful and important to the District that it would outweigh the risk of harm that might be caused by the conflicting interest.  In granting such a waiver, OAG may include one or more provisions in a donation agreement intended to mitigate the effects, perceived or otherwise, of any conflict.
  3. The conditions placed on a donation are inconsistent with the authorized purposes, policies, or plans of the District government;
  4. The intended use of the donation is inconsistent with or otherwise seeks to circumvent laws, regulations, or policies;
  5. The donation is not in compliance with 18 U.S.C. § 209 (supplementation of salary);
  6. The acceptance of the donation will be used by the donor to state or imply the endorsement by the District government of a product, service, or entity; or
  7. The donation reasonably may be viewed as funding for a political activity.

B.  A donation from an organization in which a District government employee is an officer or director (including an ex officio director) or is otherwise engaged in a leadership or coordinating role may be accepted only if the donation has been approved by the OAG.  The requirement to receive the approval of the OAG is in addition to the other requirements and standards established by this Memorandum.

C.  Discretionary reasons to disapprove:

  1. The donated item is not in usable condition;
  2. Restoration of the donated item will create unreasonable cost to the District government.