Ivins Arts Commission launches July 1 fundraising drive for Whitaker wind sculptures; city attorney warns of risks if donations flow through Ivins Inspired

The Ivins City Arts Commission on June 11 approved a fundraising timeline and marketing plan to keep three Lyman Whitaker wind sculptures in Ivins, and heard legal counsel warn the commission about risks if donations are routed through the local 501(c)(3) Ivins Inspired instead of the city.

Brian Pack, the city’s legal counsel, told the commission the "safest way to receive funds in a fundraising setting is to have the funds come directly to the city." He said an agreement with Ivins Inspired could mitigate some risks — for example, by adding insurance and contractual protections — but would not eliminate them entirely.

The commission's plan calls for a July 1 launch of the private fundraising campaign to raise $48,700 to retain Whitaker’s sculptures when the artist’s one-year loan ends Oct. 1. The campaign will include an updated Arts Commission website with a donate page, Evite invitations to prospective donors, newsletter coverage, social media posts, a progress "thermometer" on Aug. 1 and Sept. 1 updates, and a presence at Heritage Days with a booth and a silent auction.

Why it matters: The commission is attempting to keep public art already on loan to the city. How the money is accepted affects donor options — such as qualified charitable distributions (QCDs) from IRAs — and legal exposure if a third party holds donated funds.

Pack told the commission that while there is nothing illegal about using Ivins Inspired, the city will always have "more protection with money flowing through the city." He recommended the commission take the agreement back to the city council for a formal decision and suggested that, "if donors insist on giving through Ivins Inspired," the nonprofit could be used for those specific donations and would forward funds to the city under a written agreement.

Several residents and donors who spoke at the meeting stressed practical reasons to use Ivins Inspired. Sharon Gillespie, who identified herself as both a resident and a city council member, said the arrangement can be "clean" for donors who want a 501(c)(3). Barbara Lewis, a retired CPA and donor, told the commission that when she donates through Ivins Inspired she receives the charitable contribution acknowledgment from that organization and that the funds forwarded by Ivins Inspired to the city will still reflect the donor's original contribution to Ivins Inspired.

The commission's marketing plan, presented by commissioner Patty (first name used in meeting), envisions three big outreach articles in the July 1 Ivins newsletter and the July Kayenta Connection, an Evite with links to the Arts Commission donation page that will redirect donors to Ivins Inspired (if that is the agreed path), social media outreach, placement of flyers at local retailers and a Heritage Days push including a thermometer display and silent auction.

Commissioners and staff discussed operational details: the city currently lacks an online credit-card donation portal, meaning that if the city receives donations directly donors may need to provide credit-card payments by phone; Ivins Inspired’s website can accept online credit-card gifts immediately. Pack and staff said the council must sign off on whether the city or Ivins Inspired will be the primary mechanism for donations.

The commission will compile donor contact lists from members and proceed with the July 1 launch pending direction from the city council. Commissioners said they will follow whatever the council instructs them to do on collection mechanisms and agreements with Ivins Inspired.

Votes and formal actions taken at the meeting were procedural: a motion to approve the minutes as corrected passed by voice vote, and the commission later approved a motion to adjourn.

Outlook: The fundraising campaign will run through the artist’s loan end on Oct. 1, with regular progress updates. A formal agreement and insurance review will go to the Ivins City Council for final approval if the commission recommends using Ivins Inspired for any donations.