TITLE
Consider a memorandum/resolution authorizing city support of the Killeen Professional Fire Fighters’ Association Fill the Boot Campaign benefitting the Muscular Dystrophy Association
SUMMARY
DATE: April 10, 2018
TO: Ronald L. Olson, City Manager
VIA: Kathy Davis, City Attorney
FROM: Traci Briggs, Deputy City Attorney
SUBJECT: Authorizing city support of the Killeen Professional Fire Fighters’ Association Fill the Boot Campaign benefitting the Muscular Dystrophy Association
BACKGROUND AND FINDINGS:
For many years, the Killeen Professional Fire Fighters’ Association has participated in a “Fill the Boot” campaign benefitting the Muscular Dystrophy Association. Beginning last year, the Association has requested to conduct its campaign on dates other than those allowed by the city’s solicitation ordinance, and has requested to solicit at locations other than those allowed by the ordinance. These changes require that an exception to the ordinance be made to allow the charitable activity on different dates and different locations, which the City Manager can do. However, the Association also intends to use on-duty firefighters to conduct the campaign.
Article III, Section 52 and Article XI, Section 3 of the Texas Constitution state that the legislature may not authorize any county, city or other political subdivision to lend its credit or grant public money in aid of an individual , association or corporation. The intent is to prevent local governments from making expenditures of public funds for a private purpose. This also prohibits city employees acting to benefit a private purpose while on duty for the city.
The city has taken strides in recent years to comply with these Constitutional requirements by ensuring that employee groups and associations understand that they can only conduct their group/association activities and participate in charity events while off duty.
Courts have interpreted this Constitutional prohibition to be met as long a...
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