HomeMy WebLinkAboutF.13 - Community Benefits Fund PPTCommunity Benefit Fund
Application Amendments
October 8, 2024
Adrian R. Guerra, City Attorney
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City Council Goals
›City Council Goals: Goal #1 Ensure Our Fiscal Viability,
through the continuous monitoring of revenue receipts
and expenditure disbursements against the approved
budget appropriation; and
›Goal #4 Develop and Implement Successful
Partnerships through productive collaboration with
community groups, youth programs and senior
organizations.
2
Applicable Bodies of Law
›Establishment Clause (U.S. Constitution): Separation of church and state and which proselytization or sponsorship of religion with public funds is generally prohibited; and
›Free Exercise of Religion (U.S. Constitution): a religious entity’s & individual person’s right to free exercise of religion under the U.S. Constitution; and
›“Gifts of public funds” (CA Constitution): requires all public funds to be expended to serve a public purpose.
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Options
›1. No Proselytization as a Condition of Approval
(Consistent with Establishment Clause and Gift of Public
Funds Doctrine, may raise questions as to Free Exercise
Clause)
›2. Use of funds and the event shall “primarily serve a
secular purpose” (generally consistent with all three
bodies of law)
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How to Implement “Primarily Serve a Secular
Purpose”
Condition 1
Event and public funds must serve a public purpose
or provide a public benefit
Condition 2
Event must be open and available to the public to participate
without membership or admission fee
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How to Implement “Primarily Serve a Secular
Purpose”
Condition 3
No requirement to listen to any presentation/speech of any
nature –regardless of content -as a condition of participating
Notes
•May allow for incidental religious elements, but: 1)
participants are not required to listen; and 2) shall not be main
purpose of the event
•Conditions would apply to all recipients
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Recommendation and Questions
›Adopt the “Primarily Serve a Secular Purpose” Approach
with the 3 Conditions
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