Atherton: Refund of donations no walk in the park Atherton: Refund of donations no walk in the park (June 09, 2004)

By Andrea Gemmet
Almanac Staff Writer

The scene at the children's playground at Holbrook-Palmer Park in Atherton is generally bucolic. Neatly landscaped, with colorful play equipment, the now 2-year-old playground is a popular play spot, a testament to the successful campaign by a group of residents to raise money and replace the old, rundown playground in Atherton's only park.

But for Michelle Dollinger, the Atherton resident who spearheaded the community campaign, getting the town to agree to refund more than $29,000 in excess donations has been no walk in the park.

After a long discussion by council members and some emotional testimony from Ms. Dollinger, her husband Dave, and Alison Ross in support of Ms. Dollinger's refund request, the council voted 5-0 at the April 21 meeting to honor a verbal agreement between Ms. Dollinger and former Interim City Manager Ralph Freedman.

Ms. Dollinger said she initially provided over $38,000 in seed money to commission plans for the playground, with the understanding that any surplus donations remaining from the playground's construction would be refunded to her. The unusual arrangement gave council members pause, as they wrestled with the legal and precedent-setting implications of handing over a check to honor an unwritten agreement that the then-city manager didn't have the authority to enter into in the first place.

"For me it's a matter of proof," said Councilman Alan Carlson. "I believe you're telling the truth, but it bothers me that anybody can come to the city and say, 'Write me a check.'"

Ms. Dollinger told the council she made additional donations to the playground, and that even with the refund of the nearly $29,500, she will still have contributed $20,000 to the playground project, as well as three-and-a-half years of her time.

"This whole thing is lousy and embarrassing," said her husband Dave Dollinger. "Why would anyone want to do anything for the town again if they have to go through this crap?"

In the end, City Council opted to refund the unspent donations to Ms. Dollinger, but requested affidavits from a number of people involved in the refund arrangement, including former City Manager Freedman and former Mayor Didi Fisher. However, that request was belayed by City Attorney Marc Hynes, who assured the council that a written statement from Ms. Dollinger to ratify that her gift was conditioned on a refund of surplus funds would be sufficient.

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