Draft
An Ordinance to Address Use of Tax Dollars for Special Purposes
Section 1. Purpose
The purpose of this ordinance is to ensure that public funds are used solely for legitimate governmental purposes that primarily benefit the public as a whole and not private organizations, advocacy groups, political causes, or other special-interest entities.
Section 2. Definitions
For purposes of this ordinance:
- “Public funds” means any money derived from taxes, fees, assessments, grants, bonds, or other revenues controlled by the municipality.
- “Special-interest group” means any private organization, association, nonprofit corporation, political organization, trade association, labor organization, industry group, advocacy organization, or other non-governmental entity that primarily represents or advances the interests of a particular membership, constituency, industry, cause, or viewpoint.
- “Special-interest project” means any project, program, event, campaign, study, promotion, sponsorship, grant, contract, or expenditure whose primary purpose is to benefit, promote, subsidize, endorse, or advance the interests of a special-interest group rather than providing a direct and substantial public benefit to residents generally.
- “Public purpose” means a governmental purpose that serves the health, safety, welfare, infrastructure, education, public services, economic well-being, or general interests of the municipality and its residents as a whole.
Section 3. Prohibition
- (a) No public funds shall be appropriated, expended, granted, donated, loaned, transferred, or otherwise provided for any special-interest project.
- (b) No municipal department, board, commission, officer, or employee shall authorize or approve an expenditure that primarily benefits a special-interest group unless expressly authorized by state or federal law.
Section 4. Public Purpose Certification
- (a) Before approving any grant, sponsorship, contribution, or discretionary expenditure exceeding $_______, the approving authority shall make a written finding that:
- The expenditure serves a primary public purpose;
- Any benefit to a private organization or special-interest group is incidental to the public purpose;
- The expenditure is expected to provide measurable public benefits; and
- The expenditure complies with this ordinance.
The written finding shall be maintained as a public record.
Section 5. Exceptions
(a) This ordinance shall not prohibit:
- Contracts for services provided to the municipality through a competitive procurement process;
- Funding required by state or federal law;
- Emergency expenditures necessary to protect public health or safety;
- Programs available on equal terms to all qualifying applicants without regard to political, ideological, religious, industry, or membership affiliation;
- Grants or contracts where the municipality receives specific public services or deliverables in return.
Section 6. Transparency
All expenditures covered by this ordinance shall be published on the municipality’s website within thirty (30) days of approval, including:
- (a) Recipient name;
- (b) Amount of expenditure;
- (c) Purpose of expenditure; and
- (d) Public-purpose determination.
Section 7. Enforcement
- (a) Any resident taxpayer of the municipality shall have standing to seek injunctive relief in a court of competent jurisdiction to prevent a violation of this ordinance.
- (b) Any expenditure made in violation of this ordinance may be declared void to the extent permitted by law.
Section 8. Severability
If any provision of this ordinance is held invalid, the remaining provisions shall remain in full force and effect.
Section 9. Effective Date
This ordinance shall take effect on ____________.