I. Whenever the Center is approached by a public or private organization with an interest in donating to the Foundation, or in learning more about the Center as a possible recipient of a donation, the director or director's designee may discuss with the donor the nature of the Center's work, including whether particular projects the donor may wish to support are consistent with Center statutory missions, goals and program plans. The purpose of such discussions is to gather information that may help inform the Foundation Board and the FJC Board as they exercise their respective statutory responsibilities under 28 U.S.C. § 629. In any such preliminary discussions, the director or director's designee should clearly advise the potential donor of each board's statutory responsibilities, specifically:

(a) that only the FJC Foundation Board determines whether to accept a donation,
(b) that the Board may not accept earmarked donations for projects not previously approved by the Center Board, and
(c) that the Center retains sole control over the design and conduct of any research or educational program or any publication or media program supported by any donation, subject only to compliance with reasonable reporting requirements as to the use and expenditure of donated funds.

II. When advised that a donor wishes to give a conditional or restricted gift to the Foundation, the director of the Center should advise the FJC Board that such a gift is contemplated and provide the Board an opportunity to approve the project as one that is appropriate for funding by an earmarked gift to the Foundation. The director should contact the FJC Board in such cases even if the project in question is in place and is being supported by appropriated funds. If the FJC Board approves the project, the director should advise the FJC Foundation that the project in question is a project "previously approved by the Board".

(Approved May 24, 1996)