HomeMy WebLinkAboutIR 7105 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7105
if To the Mayor and Members of the City Council
or
Subject: PROPOSED CHARITABLE SOLICITATIONS ORDINANCE
As a result of a recent Supreme Court decision (Secretary of the
State of Maryland v. Joseph H. Munson Co. , Inc. ) regarding the
regulation of charities by local ordinances, our current Charitable
Solicitations Ordinance No. 8868 can no longer allow the Charitable
Solicitations Commission to deny a permit to a charitable
organization based on the percentage of fund raising expenses
incurred, nor the amount of funds raised in relation to the direct
support of the stated purpose of the organization. After
deliberations involving the Commission and the City's Department
of Law, it has been determined that the best course of action is
to amend the current ordinance to comply with the Supreme Court's
decision.
Currently, the Commission reviews documentation presented by
organizations and questions applicants during a regularly scheduled
meeting to determine if a permit should be issued.
A proposed ordinance was drafted that would change the role of
the Commission from a permitting body to a board of review, in
which a rating would be assigned based on available data. A
certificate of registration would be issued administratively to
any applicant who submits the required documentation and pays a
$25.00 registration fee.
Representatives from the City Department of Law discussed the
proposed role of the Commission with Commission members, and
cautioned them that their subjective decisions, might in some cases,
be in violation of the Free Speech clause of the U.S. Constitution.
The Commission's concensus was that if a subjective approach to
rating an organization could not be used, there was no purpose
in continuing the Commission as a board of review.
If additional information is required, it will be provided upon
request.
ouglas Harman
City Manager
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS