WSR 05-01-240

PROPOSED 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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