TITLE
Discuss Whether There is a Public Purpose for City Support of the Killeen Professional Fire Fighters’ Association’s Fill-the-Boot Campaign Benefitting the Muscular Dystrophy Association
Summary
DATE: April 3, 2018
TO: Ronald L. Olson, City Manager
FROM: Kathy Davis, City Attorney
SUBJECT: Required Public Purpose for City Support of the Killeen Professional Fire Fighters’ Association’s 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 conducted 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 be made to allow that charitable activity on the different dates, and at additional locations. During discussion of this issue, it was revealed that the intent was to use on-duty firefighters to conduct this charitable activity, and that this has been the historical practice.
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 the clock” for the city.
Over the past several years, the city has taken strides 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. This has included addressing cha...
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