Portola Valley council plans new policy for anonymous gifts to town Portola Valley council plans new policy for anonymous gifts to town (August 11, 2004)

** Intermediary would shield donor identities.

By David Boyce
Almanac Staff Writer

As decision-time nears on choosing a plan and a funding mechanism for a redesigned Town Center complex in Portola Valley, and with the kickoff of a fundraising campaign expected soon, a Town Council discussion of an anonymous gift policy at its August 11 meeting may be happening at an apropos moment.

The town has saved $3.5 million -- but will likely need about $11 million more -- to build a new complex on the 11.2-acre site. The town plans to renovate and/or rebuild recreational fields, parking lots, and facilities, including a town hall, library, maintenance yard, and possibly meeting rooms, a community hall, a plaza and a preschool.

Council members have spoken often of raising the money through private donations.

"I think the fundraising piece is very important to this project. The community has an opportunity to build a real legacy," Councilman Steve Toben said in an interview.

At Wednesday's meeting, which starts at 8 p.m. in the Historic Schoolhouse, the council will consider recommending that anonymous donors use an agent -- such as a foundation or attorney -- to make the gift to a town fundraising committee, and thus shield the identity of the actual donor.

A backward glance

Such a policy may also help the council avoid an encore of a community controversy that erupted last spring, when residents Jean and Bill Lane sent a "for your eyes only" letter to the council and several top town officials saying that they planned to give the town $1 million for the redesign of the Town Center complex.

In February, keeping the donors' identity secret, the town announced the gift and its conditions, which included the building of a new town hall and maintenance yard at Town Center.

Several residents opposed to that idea complained about the gift's possible influence, particularly when it became evident that the council members knew the donor's identity and that they had decided unanimously to build those facilities at the Town Center around the time news of the gift became public.

Resident Pierre Fischer wondered aloud at the May 26 council meeting as to why the council made that decision, then answered himself: "I guess the Town Council has about one million reasons," he said. "How can anyone call this an open democratic process"?

Mr. Lane subsequently acknowledged being the donor and described the circumstances of the gift in a May 27 letter to the Almanac. Town Attorney Sandy Sloan said she advised Mr. Lane to come forward.

In the letter, Mr. Lane denied a quid pro quo, saying that the gift followed the council's decision, that there had been no prior contact with the town on that subject, and that he had nothing to gain from the gift.

In an interview with the Almanac, Councilman Ted Driscoll corroborated Mr. Lane's account, adding that he was "very deeply offended" by the notion of a conspiracy. "I take the Brown Act very, very seriously," he said.

The state's Brown Act, enacted to promote open government, spells out the rules for notifying the public of meetings of elected bodies and the rules governing what public officials can and cannot discuss during and outside of public meetings.

Raising funds

Finding and cultivating donors for the Town Center project will be the job of the fundraising committee, headed by former mayor Gary Neilson.

This committee is preparing to swing into action, probably in September, but not until after the council has decided exactly what facilities will be included in the new complex, Mr. Toben has said.

"The Town Center project must not be a donor-driven project," Mr. Toben said. "That has been an absolutely key Town Council consideration from the beginning."

INFORMATION

The Portola Valley Town Council meets at 8 p.m. Wednesday, August 11, at the Historic Schoolhouse in Town Center. Among the topics: a proposed new policy for receiving anonymous donations.

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