WSR 05-01-240PROPOSED RULES
DEPARTMENT OF PERSONNEL
[
Filed December 22, 2004,
11:37 a.m.
] Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule and Other Identifying Information: WAC 357-55-265 Who establishes staff and volunteer positions and
other groups?, 357-55-270 Who engages the CFD program manager
and what are the responsibilities of the program manager?,
357-55-275 How may contributions intended for an organization
or federation that is decertified be handled?, 357-55-280 Do
members of the CFD committee receive a salary and expense
reimbursement?, 357-55-285 When may the CFD committee enter
into contracts?, 357-55-310 May state employees volunteer to
serve as CFD campaign executives?, 357-55-320 May state
agencies and higher education institutions use state resources
to support the CFD campaign?, 357-55-330 What is the role of
the Department of Personnel with the CFD committee?,
357-55-410 How may state employers establish a local CFD
campaign?, 357-55-415 When does the annual CFD campaign
occur?, 357-55-420 May state employers grant permission for
participating organizations to share information during work
hours?, 357-55-425 What campaign events may occur during work
hours within the campaign calendar?, 357-55-430 Who may be
solicited?, 357-55-510 How are campaign expenses recovered?,
357-55-515 May fundraising expenses be deducted from
donations?, 357-55-520 How are campaign expenses divided?,
357-55-610 How does the CFD committee determine eligibility?,
357-55-615 What notice does the CFD committee provide if an
organization is not eligible?, 357-55-620 What is the process
to request reconsideration of noneligibility?, 357-55-625 May
a participating organization be decertified or disqualified
from participating in the combined fund drive?, 357-55-630
What notice does the CFD committee provide when a
decertification decision is made?, 357-55-635 When is
decertification of an organization effective?, 357-55-640 When
will payments of contributions cease for a decertified
organization?, and 357-55-645 May requests be made for
reconsideration of a decertification decision?
Hearing Location(s): Department of Personnel, 600 South
Franklin, Olympia, WA, on January 26, 2005, at 2:00 p.m.
Date of Intended Adoption: January 26, 2005.
Submit Written Comments to: Sharon Whitehead, Department
of Personnel, P.O. Box 47500, fax (360) 586-4694, by January
20, 2005. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS
"FORMAL COMMENT."
Assistance for Persons with Disabilities: Contact Department of Personnel by January 20, 2005, TTY (360)
753-4107 or (360) 586-8260.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules
address the Washington State Combined Fund Drive.
Statutory Authority for Adoption: Chapter 41.06 RCW.
Statute Being Implemented: RCW 41.06.150.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Due to the passage of SHB 1268 the director of the
Department of Personnel has rule-making authority regarding
the Washington State Combined [Fund] Drive. The proposed
rules implement this provision of the Personnel System Reform
Act.
Name of Proponent: Department of Personnel, governmental.
Name of Agency Personnel Responsible for Drafting:
Sharon Whitehead, 521 Capitol Way South, Olympia, WA, (360)
664-6348; Implementation and Enforcement: Department of
Personnel.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required.
A cost-benefit analysis is not required under RCW 34.05.328.
December 22, 2004
E. C. Matt
Director
NEW SECTION
WAC 357-55-265
Who establishes staff and volunteer
positions and other groups?
The CFD Committee will 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.
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NEW SECTION
WAC 357-55-270
Who engages the CFD program manager and
what are the responsibilities of the program manager?
The CFD
Committee will 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.
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NEW SECTION
WAC 357-55-275
How may contributions intended for an
organization or federation that is decertified be handled?
The CFD committee will 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, will be
returned to donors. If the CFD committee determines it is not
feasible to return such funds to donors, it will determine the
appropriate disposition of the funds.
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NEW SECTION
WAC 357-55-280
Do members of the CFD Committee receive a
salary and expense reimbursement?
Members of the CFD
committee, who are state employees, will serve without
additional salary, but will 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 the CFD Committee.
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NEW SECTION
WAC 357-55-285
When may the CFD Committee enter into
contracts?
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 will 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.
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NEW SECTION
WAC 357-55-310
May state employees volunteer to serve as
CFD campaign executives?
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.
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NEW SECTION
WAC 357-55-320
May state agencies and higher education
institutions use state resources to support the CFD campaign?
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.
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NEW SECTION
WAC 357-55-330
What is the role of the Department of
Personnel with the CFD Committee?
The department of personnel
will provide the administrative support for the operation of
the CFD Committee.
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NEW SECTION
WAC 357-55-410
How may state employers establish a local
CFD campaign?
Each state employer may establish local CFD
campaigns within the geographical area it covers. 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.
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NEW SECTION
WAC 357-55-415
When does the annual CFD campaign occur?
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 will not extend
beyond December 15. In extraordinary circumstances, the CFD
committee may consider granting approval for solicitations at
other times.
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NEW SECTION
WAC 357-55-420
May state employers grant permission for
participating organizations to share information during work
hours?
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 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. This section will 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.
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NEW SECTION
WAC 357-55-425
What campaign events may occur during
work hours within the campaign calendar?
Solicitations of
employees will be conducted during work hours using methods
that permit true voluntary giving. Solicitations will 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. 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
when approved, in advance, by the state employer.
At the discretion of each state employer, state employees
may be authorized to attend CFD promotional and fundraising
events on state work time
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NEW SECTION
WAC 357-55-430
Who may be solicited?
Employees and
public agency retirees may be solicited for contributions
using payroll deduction, checks, money orders, credit cards,
cash or electronic methods.
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NEW SECTION
WAC 357-55-510
How are campaign expenses recovered?
The
CFD committee will 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.
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NEW SECTION
WAC 357-55-515
May fundraising expenses be deducted from
donations?
Fundraising expenses will 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.
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NEW SECTION
WAC 357-55-520
How are campaign expenses divided?
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.
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NEW SECTION
WAC 357-55-610
How does the CFD Committee determine
eligibility?
The CFD Committee will use the information
supplied under this chapter and the standards and criteria set
forth in the application form, to determine which
not-for-profit organizations and federations are eligible to
participate in annual CFD campaigns.
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NEW SECTION
WAC 357-55-615
What notice does the CFD Committee
provide if an organization is not eligible?
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.
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NEW SECTION
WAC 357-55-620
What is the process to request
reconsideration of noneligibility?
The following process will
be used for requests for reconsideration of noneligibility: (1) 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.
(2) 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.
(3) The CFD committee may extend the time periods
established in this section if it determines there is good
cause to do so.
(4) Any written requests or notices made under this
section will be deemed received three business days after
deposited in the United States mail, properly stamped and
addressed.
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NEW SECTION
WAC 357-55-625
May a participating organization be
decertified or disqualified from participating in the combined
fund drive?
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: (1) Failing to comply with the rules contained in this
chapter;
(2) Filing an application to participate in the state
combined fund drive campaign which contains false or
intentionally misleading information; or
(3) Receiving an annual contribution pledge from an
annual CFD campaign of two hundred fifty dollars or less.
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NEW SECTION
WAC 357-55-630
What notice does the CFD Committee
provide when a decertification decision is made?
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.
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NEW SECTION
WAC 357-55-635
When is decertification of an
organization effective?
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.
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NEW SECTION
WAC 357-55-640
When will payments of contributions cease
for a decertified organization?
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, will be
disbursed as directed by the CFD committee.
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NEW SECTION
WAC 357-55-645
May requests be made for reconsideration
of a decertification decision?
Requests for reconsideration
of a decertification decision will be governed by the
procedures set forth for reconsideration of eligibility in WAC 357-55-620.
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