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2004-02-25 WS & CC Meeting
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2004-02-25 WS & CC Meeting
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<br />Office of the State Auditor <br />City Expenditures and the Public Purpose Doctrine <br />Page 5 <br /> <br />advertise the city. <br /> <br />C. Acceptance of GiftslDonations <br /> <br />Cities have authority to receive and accept gifts and donations. See, e.g., Minn. Stat. <br />~~ 465.03 and 465.04 (2002). However, the OSA is unaware of any authority for a city <br />to engage in fund-raising activities. <br /> <br />Comment: Fund-raising activities are more appropriately conducted by independent <br />organizations (e.g., fire relief associations, auxiliary organizations, etc.). <br /> <br />D. Meals and Food Expenditures <br /> <br />1. Whether a meal is necessary depends upon the necessity for holding a particular <br />meeting during meal time rather than at some other time, and upon the benefits <br />derived from providing food during a meeting. Op. Att'y Gen. 63a-2 (May 6, <br />1965). <br /> <br />2. When an event is hosted by an organization other than the city, when attendance <br />at the event is necessarily beneficial to the city, and when such benefits cannot be <br />derived other than at the event itself, the Attorney General has determined that <br />"the propriety of such expenditures may become a factual determination vesting <br />within the discretion of the city council in the exercise of its sound and honest <br />judgment." Op. Att'y Gen. 63a-2 (May 6, 1965). However, the Attorney <br />General also noted that entertainment expenses are not properly payable for <br />public employees. Id. <br /> <br />3. Staff-an-Staff Meals/Food <br /> <br />a. "Entertainment expenses are not properly payable. . . and to the same <br />degree, officials holding luncheon meetings among themselves are not <br />compensable since neither are necessary expenditures." Op. Att'y Gen. <br />63a-2 (May 6, 1965) (questioning rationale which would compel a <br />meeting to be held at noon rather than some other time, and the necessary <br />benefit derived from eating while meeting, or meeting while eating, as <br />distinguished from just meeting). <br />b. Meals prior to City meetings may be purchased with city funds only if <br />
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