WAC
251-30-010 Purposes and scope.
251-30-020 Definitions.
251-30-030 Combined Fund Drive committee established.
251-30-032 Establishing a local CFD campaign.
251-30-034 CFD campaign expenses.
251-30-055 Determination of eligibility--Procedure for reconsideration.
251-30-057 Decertification and disqualification.
DISPOSITION OF SECTIONS FORMERLY
CODIFIED IN THIS CHAPTER
251-30-040 Basic standards and criteria for agency membership applicable to all agencies. [Statutory Authority: RCW 41.06.150. 02-17-114, § 251-30-040, filed 8/21/02, effective 9/30/02.] Repealed by 04-11-045, filed 5/13/04, effective 5/13/04. Statutory Authority: RCW 41.06.150.
251-30-050 Required characteristics of eligible federations (umbrella organizations). [Statutory Authority: RCW 41.06.150. 02-17-114, § 251-30-050, filed 8/21/02, effective 9/30/02.] Repealed by 04-11-045, filed 5/13/04, effective 5/13/04. Statutory Authority: RCW 41.06.150.
251-30-060 Qualifications for local campaign manager. [Statutory Authority: RCW 41.06.150. 02-17-114, § 251-30-060, filed 8/21/02, effective 9/30/02.] Repealed by 04-11-045, filed 5/13/04, effective 5/13/04. Statutory Authority: RCW 41.06.150.
WAC 251-30-010 Purposes and scope. (1) The following rules are promulgated to implement a charitable CFD campaign for the efficient, long-term collection of voluntary employee and public agency retiree contributions to qualifying charitable, not-for-profit organizations. By establishing a uniform policy toward charitable fund raising efforts among state employees and public agency retirees, the state hopes to encourage generosity in voluntary financial support for the charitable services of the qualified participating organizations and participating federations.
(2) The intent of these rules is to:
(a) Lessen the burdens of government and of local communities in meeting the needs of human health and welfare;
(b) Provide a convenient channel through which state employees and public agency retirees may contribute to the efforts of the participating organizations and federations providing services in the community or region where the employees and public agency retirees live and work and overseas;
(c) Minimize both the disruption of the state work place and the costs to taxpayers caused by multiple charitable fund drives; and
(d) Ensure that participating organizations and federations are fiscally responsible in the uses of the moneys so raised.
(3) The CFD campaign is the only authorized formal solicitation of Washington state employees in the workplace on behalf of participating not-for-profit organizations and federations. A CFD campaign may be conducted during a seven-week period, from September 1 to December 15, as determined by each state agency and higher education institution in accordance with these rules. In extraordinary circumstances, the CFD committee may consider granting approval for solicitations at other times.
(4) These rules in WAC 251-30 do not apply to the collection of gifts-in-kind, such as food, clothing and toys.
[Statutory Authority: RCW 41.06.150. 04-11-045, amended and recodified as § 251-30-010, filed 5/13/04, effective 5/13/04; 02-17-114, § 251-30-020, filed 8/21/02, effective 9/30/02.]
WAC 251-30-020 Definitions. (1) CFD committee--The Washington state combined fund drive (CFD) committee described in WAC 251-30-030.
(2) CFD--Washington state combined fund drive.
(3) CFD campaign--The annual period of organized solicitation of state employees and public agency retirees. This solicitation is conducted to obtain voluntary contributions, donations and charitable commitments to be allocated to approved, not-for-profit participating organizations and federations, during the ensuing year of contributions.
(4) Participating organization--A public 170 (c)(1) or private 501 (c)(3) not-for-profit organization whose application is approved by the CFD committee to participate in the CFD campaign.
(5) Federation--A public or private not-for-profit umbrella organization made up of five or more individual member organizations approved by the CFD committee to participate in the CFD campaign.
(6) Year of contributions--The annual calendar year for collection of the voluntary payroll deductions for charitable contributions authorized by state employees and public agency retirees pursuant to these rules. The normal, full annual calendar year of contributions shall begin with January and end with the ensuing December.
(7) Not-for-profit organization--An organization that is operated for the purpose of rendering, or of materially or financially supporting the rendering of, one or more of the following services:
(a) Delivery of health care to ill or infirm individuals;
(b) Education and training of personnel for the delivery of health care to ill or infirm individuals;
(c) Health research for the benefit of ill or infirm individuals;
(d) Delivery of education, training, and care to people with disabilities;
(e) Treatment, care, rehabilitation, and counseling of juvenile delinquents, criminals, released convicts, persons who abuse drugs or alcohol, persons who are victims of intra-family violence or abuse, persons who are otherwise in need of social adjustment and rehabilitation, and the families of such persons;
(f) Relief of victims of crime, war, casualty, famine, natural disasters, and other catastrophes and emergencies;
(g) Neighborhood and community-wide social services that directly assist needy, poor, and indigent individuals, including provision of emergency relief and shelter, recreation, transportation, the preparation and delivery of meals, educational opportunities, and job training;
(h) Protection of families that, on account of economic or other need, poverty, indigence, or emergency, are in long-term or short-term need of family, child care, and maternity services, child and marriage counseling, foster care, and guidance or assistance in the management and maintenance of the home and household;
(i) Relief of needy, poor, and indigent infants and children, and of orphans, including the provision of adoption services;
(j) Relief of needy, poor, and indigent adults and of the elderly;
(k) Delivery of services or assistance that conserve, protect, or restore the environment;
(l) Delivery of services or assistance to threatened or endangered species;
(m) Delivery of services in the performing, visual, literary and media arts.
(8) Local presence--Demonstration of direct and substantial presence in the local CFD campaign community through:
(a) The availability of services, such as examinations, treatments, inoculations, preventive care, counseling, training, scholarship assistance, transportation, feeding, institutionalization, shelter, and clothing to persons working or residing in the local CFD campaign community; or
(b) The presence within the local CFD campaign community, or within reasonable commuting distance thereof, of a facility at which services may be obtained, such as an office, clinic, mobile unit, field agency, or direct provider, or specific demonstrable effects of research, such as personnel or facilities engaged therein or specific local applications thereof; or
(c) The availability to persons working or residing in the local CFD campaign community of communication with the voluntary charitable agency by means of home visits, transportation, or telephone calls, provided by the voluntary agency at no charge to the recipient or beneficiary of the service.
(d) Any not-for-profit federation or charitable organization whose services are rendered exclusively or in substantial preponderance overseas, and that meets all the criteria set forth in these rules, except for the requirement of local presence, and is approved by the CFD committee, shall be eligible to be a participating federation or participating organization.
(9) Overseas--Areas outside of the District of Columbia and the fifty states of the United States of America.
(10) State employer--Washington state agencies and higher education institutions.
[Statutory Authority: RCW 41.06.150. 04-11-045, amended and recodified as § 251-30-020, filed 5/13/04, effective 5/13/04; 02-17-114, § 251-30-030, filed 8/21/02, effective 9/30/02.]
WAC 251-30-030 Combined Fund Drive committee established. (1) In accordance with RCW 41.04.033 through RCW 41.04.039 and RCW 41.04.230 and Executive Order EO 01-01, a committee is established to conduct a single, annual, consolidated effort to secure funds for distribution to not-for-profit organizations engaged in charitable, public health, public welfare and social services, environmental or arts purposes.
(2) The committee shall be known as the Washington state combined fund drive committee and referred to in these rules as the CFD committee.
(3) The CFD committee shall be composed of not more than twelve members appointed by the governor for three year terms. Appointments shall be consistent with Executive Order 01-01.
(4) The CFD committee shall have the following responsibilities:
(a) Meet to conduct necessary business, elect a chairperson annually, and elect such other officers as may be needed. Fifty percent of the appointed members shall constitute a quorum for the conduct of business. A majority vote of the quorum will be needed to carry a motion.
(b) Organize and effect one solicitation effort for charitable donations each year.
(c) Establish standards and criteria for participation in the fund drive. The standards and criteria will be incorporated into the application printed and distributed by the CFD. The application will be completed and submitted by those not-for-profit organizations and federations seeking approval to participate in the CFD campaign. Changes in the standards and criteria shall be made only after sixty days notice is given.
(d) Evaluate each application, based on its standards and criteria, and determine which not-for-profit organizations or federations are approved to participate in the annual CFD campaign.
(e) Establish staff and volunteer positions and committees as necessary to assist in the annual CFD campaign. An organizational chart is available from the CFD Committee through the Department of Personnel, P.O. Box 47500, Olympia WA 98504-7500.
(f) Determine and recover its reasonable administrative expenses to conduct the CFD campaign.
(g) Develop the official CFD campaign and publicity materials. The CFD committee may contract for marketing services to develop the CFD campaign material in a manner that is consistent with RCW 41.04.0332.
(h) Establish a procedure for CFD staff to collect, process and deposit individual employee contributions during the annual fundraising. Contributions from fundraising efforts shall be deposited into the CFD account in the custody of the state Treasurer according to state laws.
(i) Engage a CFD program manager to exercise general supervision over all operations of the CFD and strive to take necessary steps for the achievement of CFD campaign objectives. The CFD program manager establishes and maintains the official list of agency, higher education institutions and local CFD campaign committee volunteers and the geographical area each covers. The CFD program manager will forward all disputes to the CFD committee for resolution.
(5) Based on pledges received for an annual CFD campaign, when the annual net contribution for any participating organization or federation is estimated at two hundred fifty dollars or less, the CFD committee may direct the contributions be made in a lump sum at the end of the CFD campaign year to the recipient organization or federation.
(6) The CFD committee shall direct that payments originally pledged to an organization or federation that has been decertified, is in receivership, has filed for or been placed in bankruptcy, or has been or is in the process of being dissolved, shall be returned to donors. If the CFD committee determines it is not feasible to return such funds to donors, it shall determine the appropriate disposition of the funds.
(7) Members of the CFD committee shall serve without additional salary, but shall be reimbursed by their state employers for travel, lodging and meals in accordance with state law and regulations. Public retirees, who qualify, will receive normal travel, lodging and meal expenses reimbursed or paid by CFD.
(8) The CFD committee may enter into contracts and partnerships with a private institution, persons, firms or corporations for the benefit of the beneficiaries of the CFD. The CFD committee may also engage in advertising activities for the support of the administrative duties of the CFD. However, CFD activities shall not result in the direct commercial solicitation of state employees or in a benefit or advantage that would violate one or more provisions of chapter 42.52 RCW, the state ethics law.
(9) Agency directors, elected officials, and higher education presidents may allow employees the opportunity to serve as CFD campaign executives to assist in the conduct of the CFD campaign. The CFD campaign executive opportunity is a rotational assignment that develops leadership, communication, and teamwork skills that will benefit the employing organization upon the employee's return. Those appointed as CFD campaign executives remain on the payroll of their employing organization during this assignment.
(10) State agencies and higher education institutions, at their discretion, are authorized to use reasonable state resources to support, promote, and conduct the annual combined fund drive campaign within their organization. Reasonable uses are not excessive in volume or frequency as determined by the agency director or institution president.
(11) The department of personnel shall provide the administrative support for the operation of the committee.
[Statutory Authority: RCW 41.06.150. 04-11-045, amended and recodified as § 251-30-030, filed 5/13/04, effective 5/13/04; 02-17-114, § 251-30-010, filed 8/21/02, effective 9/30/02.]
WAC 251-30-032 Establishing a local CFD campaign. (1) Each state employer may establish local CFD campaigns within the geographical area it covers.
(2) Each state employer and local county committee may develop promotional and fundraising events, provide training and recognition to CFD local coordinators, develop marketing plans, supervise CFD campaign executives, and expend state or CFD funds to conduct the local CFD campaign.
(3) The annual CFD campaign begins on September 1 and ends on December 15. Each year the director of each state agency and president of each higher education institution may determine the time period of the CFD campaign within the September 1 to December 15 timeframe. Each annual CFD campaign normally is conducted for a seven-week period. However in unusual circumstances, the individual state employers may extend the seven week period as local conditions require. The CFD campaign shall not extend beyond December 15.
(4) Employees and public agency retirees may be solicited for contributions using payroll deduction, checks, money orders, credit cards, cash or electronic methods.
(5) State employers may grant permission to participating organizations and federations to distribute material related to the CFD campaign during work hours. During the CFD campaign, participating not-for-profit organizations may distribute or orally share bonafide educational materials describing their services or programs. All CFD participating organizations must be given an equal opportunity for communication in a state employer's local CFD campaign. The local state employer may grant sharing of oral information by participating organizations if the agency or institution determines such communication is not disruptive to the local state office or institution.
(6) This section shall not be construed to require a state employer to distribute or arrange for oral or written information other than the official CFD campaign and publicity material.
(7) Solicitations of employees shall be conducted during duty hours using methods that permit true voluntary giving and shall reserve to the individual the option of disclosing any gift or keeping it confidential to the extent confidentiality is permitted by law. Campaign kick-offs, recognition events, awards and other non-solicitation events to build support for the CFD are encouraged.
(8) Special CFD fundraising events, such as drawings, auctions, bake sales, carnivals, athletic events, or other activities not specifically provided for in these rules are permitted 30 days prior to and during the annual CFD campaign if approved, in advance, by the state employer.
(9) At the discretion of each state employer, state employees may be authorized to attend CFD promotional and fundraising events on state work time.
[Statutory Authority: RCW 41.06.150. 04-11-045, § 251-30-032, filed 5/13/04, effective 5/13/04.]
WAC 251-30-034 CFD campaign expenses. (1) The CFD committee shall recover from the gross receipts of the CFD campaign, or state appropriations, its reasonable administrative expenses to conduct the CFD campaign. The CFD committee will approve an annual budget to determine the administrative fee to be charged to the beneficiaries of the CFD.
(2) Fundraising expenses shall not be taken or deducted from donations collected during a fundraising event. These fundraising expenses may be paid by the state agency or higher education institution and, then, upon request and submission of proper documentation, reimbursed by the CFD.
(3) The CFD campaign expenses will be shared proportionately by all the participating not-for-profit organizations and federations reflecting their individual percentage share of gross CFD campaign receipts.
[Statutory Authority: RCW 41.06.150. 04-11-045, § 251-30-034, filed 5/13/04, effective 5/13/04.]
WAC 251-30-055 Determination of eligibility--Procedure for reconsideration. (1) Using the information supplied under this chapter and the standards and criteria set forth in the application form, the CFD committee will determine which not-for-profit organizations and federations are eligible to participate in annual CFD campaigns. If a not-for-profit organization or federation is determined not to be eligible, the CFD committee will provide written notice of its determination, including a description of the determination made, the date and by whom it was made, the basis for the determination, and the procedure for requesting reconsideration.
(2) The following process will be used for requests for reconsideration of noneligibility:
(a) Within fifteen calendar days after receiving notice of noneligibility, an affected organization or federation may submit a written request for reconsideration to the CFD committee. Requests for reconsideration and any supporting materials must be based solely on new or additional information that was not available to the CFD committee at the time the initial determination was made.
(b) Within thirty calendar days of receiving the request for reconsideration, the CFD committee will issue a written decision. The CFD committee's reconsideration decision is final.
(c) The CFD committee may extend the time periods established in this section if it determines there is good cause to do so.
(d) Any written requests or notices made under this section will be deemed received three business days after deposit in the United States mail, properly stamped and addressed.
[Statutory Authority: RCW 41.06.150. 04-11-045, § 251-30-055, filed 5/13/04, effective 5/13/04; 02-17-114, § 251-30-055, filed 8/21/02, effective 9/30/02.]
WAC 251-30-057 Decertification and disqualification. (1) Once approved for participation, any participating organization or federation may be decertified and disqualified from participation in the combined fund drive campaign by majority vote of the CFD committee for one or more of the following reasons:
(a) Failing to comply with the rules contained in this chapter;
(b) Filing an application to participate in the state combined fund drive campaign which contains false or intentionally misleading information; or
(c) Receiving an annual contribution pledge from an annual CFD campaign of two hundred fifty dollars or less.
(2) The CFD committee will provide written notice of the decertification decision, including a description of the determination made, the date and by whom it was made, the basis for the determination, and the procedure for requesting reconsideration.
(a) Decertification is effective on the first day of the following year's CFD campaign. A decertified organization or federation is disqualified from participating in the CFD campaign as of that effective date.
(b) Payments of contributions to a decertified organization or federation will cease on the last day of the current year's CFD campaign. Payments received after that date, but originally pledged to an organization or federation that is decertified, shall be disbursed as directed by the CFD committee.
(3) Requests for reconsideration of a decertification decision shall be governed by the procedures set forth for reconsideration of eligibility in WAC 251-30-055.
[Statutory Authority: RCW 41.06.150. 04-11-045, § 251-30-057, filed 5/13/04, effective 5/13/04; 02-17-114, § 251-30-057, filed 8/21/02, effective 9/30/02.]