MARCH 30, 2018

MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CINCINNATI, THE CINCINNATI PARKS FOUNDATION AND
THE CINCINNATI BOARD OF PARK COMMISSIONERS

EXECUTIVE SUMMARY

Cincinnati Board of Park Commissioners

1. The Park Board retains control of endowment agreements under which it is the
Trustee or beneficiary.

2. The Park Board’s authority as outlined in the City Charter is maintained.

a) The Park Board controls and manages the parks and parkways of the City, and
property under the control of the Park Board may not be transferred or used for
any but park purposes, except with the consent of the Park Board.

b) The Park Board has sole appointing authority under the Charter for all Parks
Department staff, including the Director of Parks.

c) Except as modified by Cincinnati City Council, the Park Board has all other
powers conferred upon boards of park commissioners by general law.

3. The Park Board will continue to maintain its own bank accounts at PNC to manage
Park Board funds.

4. The Park Board retains the sole authority to approve expenditure of Park Board
funds.

5. No overhead or surcharges will be assessed by the City on expenditures procured by

the Park Board from its Park Board funds, including when procured through the
City’s Procurement Department.

Cincinnati Parks Foundation

1. The Foundation remains a wholly-independent entity.

a) The Foundation is a private 501(c)(3) charitable organization, and is wholly

separate and independent from the City and the Park Board both in terms of
management and operation.
 b) The Board of Directors of the Cincinnati Parks Foundation is responsible for
overseeing the mission, leadership, and operations of the Foundation and is solely
responsible for the control and investment of all assets of the Foundation, including
the prudent management of all gifts consistent with donor intent.

2. The Foundation will continue to collaborate with the Park Board as an independent
entity.

a) The Foundation will operate under its own name, seal, and logotype, but
consistent with its mission to help advance the plans and objectives of Cincinnati
Parks, the Foundation is granted use of the name “Cincinnati Parks” for the
purpose of fundraising and related promotion.

b) As independent entities, neither the Park Board nor the Foundation will
appropriate, direct, control, influence, or restrict the expenditure of the other’s
funds nor will either party supervise or direct the other’s staff.

c) Neither the City nor the Park Board may enter into any financially or legally
binding transaction or agreement on behalf of the Foundation.

3. The Foundation will continue to be the primary philanthropic partner for

Cincinnati Parks.

4. Cincinnati Parks Foundation gifts will be donated directly to the Park Board and all
donations will be made in accordance with donor intent in a manner which provides
the greatest possible value for such funds.

5. Cincinnati Parks Foundation donated funds will not be used to offset public
investment in Cincinnati Parks.

City of Cincinnati
1. The Park Board and the Parks Department are constituent entities of the City of
Cincinnati municipal corporation.

a) The City is the primary funding source of the Park Board, the corporate entity that
employs the Park Board’s appointed workforce and City Council is the legislative
body that provides the authorization for the appropriation of general fund dollars
expended by the Park Board.

2. The City ensures that operations and financial procedures of the Park Board are
consistent with federal, state and local laws.
3. Principals of transparency and accountability are the cornerstones of this
Agreement.

a) The Parties agree that transparency and accountability regarding park operations
and finances are critical to maintaining public trust.

b) Park Commissioners are public officials subject to the Ohio ethics laws and public
records law; the Park Board is a public entity subject to the Ohio public records
laws and open meetings law.

c) The City’s CFO will have full visibility into the Park Board’s existing bank
accounts as an authorized signatory.