WSR 05-01-245

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed December 22, 2004, 11:41 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: WAC 357-55-010 What is the purpose of the Combined Fund Drive rules?, 357-55-020 What is the intent of the Combined Fund Drive rules?, 357-55-030 Is the Combined Fund Drive campaign authorized to collect contributions in state workplaces?, 357-55-040 Do the Combined Fund Drive rules apply to collection of gifts in kind?, 357-55-110 What definitions apply to this chapter of the civil service rules?, 357-55-210 What is the committee's name that is authorized in accordance with RCW 41.04.033 through RCW 41.04.039 and RCW 41.04.230 and Executive Order EO 01-01?, 357-55-215 What does the CFD committee do?, 357-55-220 How are members of the CFD committee appointed?, 357-55-225 When will the CFD committee meet?, 357-55-230 What is a quorum for the CFD committee?, 357-55-235 What are the CFD committee's responsibilities for a charity drive?, 357-55-240 What are the CFD committee's responsibilities for standards and criteria to participate in the fund drive?, 357-55-245 Who completes, evaluates and approves the application printed and distributed by the CFD committee?, 357-55-250 Who develops the official CFD campaign and publicity materials?, 357-55-255 Who determines the CFD committee's administrative expenses and how are they recovered?, and 357-55-260 Who establishes the process for handling and depositing employee contributions?

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

Chapter 357-55 WAC

Combined Fund Drive


NEW SECTION
WAC 357-55-010   What is the purpose of the Combined Fund Drive rules?   The Combined Fund Drive rules are adopted to implement a charitable CFD campaign for the efficient, long-term collection of voluntary state employee and public retiree contributions to qualifying, not-for-profit organizations. The state hopes that a uniform policy for fund raising will encourage generosity in voluntary contributions for the qualified participating organizations and federations.

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NEW SECTION
WAC 357-55-020   What is the intent of the Combined Fund Drive rules?   The intent of the CFD rules is to:

(1) Lessen the burdens of government and of local communities in meeting the needs of human health and welfare;

(2) 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;

(3) Minimize both the disruption of the state work place and the costs to taxpayers caused by multiple charitable fund drives; and

(4) Ensure that participating organizations and federations are fiscally responsible in the uses of the moneys so raised.

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NEW SECTION
WAC 357-55-030   Is the Combined Fund Drive campaign authorized to collect contributions in state workplaces?   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.

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NEW SECTION
WAC 357-55-040   Do the Combined Fund Drive rules apply to collection of gifts in kind?   The rules in chapter 357-55 WAC do not apply to the collection of gifts-in-kind, such as food, clothing and toys.

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NEW SECTION
WAC 357-55-110   What definitions apply to this chapter of the civil service rules?   The following definitions apply to chapter 357-43 WAC:

(1) CFD: Washington State Combined Fund Drive.

(2) 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.

(3) CFD committee: The Washington state combined fund drive (CFD) committee described in WAC 357-55-215.

(4) 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.

(5) 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) When approved by the CFD committee, any not-for-profit federation or charitable organization, whose services are provided exclusively or in substantial preponderance overseas, and which meets all the criteria set forth in these rules except for the requirement of local presence, will be eligible to be a participating federation or participating organization.

(6) Overseas: Areas outside of the District of Columbia and the fifty states of the United States of America.

(7) 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.

(8) State employer: Washington state agencies and higher education institutions and related boards.

(9) 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 will begin with January and end with the ensuing December.

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NEW SECTION
WAC 357-55-210   What is the committee's name that is authorized in accordance with RCW 41.04.033 through RCW 41.04.039 and RCW 41.04.230 and Executive Order EO 01-01?   The committee will be known as the Washington state combined fund drive committee and referred to in these rules as the CFD committee.

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NEW SECTION
WAC 357-55-215   What does the CFD Committee do?   A CFD 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.

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NEW SECTION
WAC 357-55-220   How are members of the CFD Committee appointed?   The CFD committee must be composed of not more than twelve members appointed by the governor for three year terms. Appointments must be consistent with Executive Order 01-01. Compensation and reimbursement for CFD Committee members will be as provided in WAC 357-55-280.

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NEW SECTION
WAC 357-55-225   When will the CFD Committee meet?   The CFD Committee will meet to conduct necessary business, elect a chairperson annually, and elect such other officers as may be needed.

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NEW SECTION
WAC 357-55-230   What is a quorum for the CFD Committee?   Fifty percent of the appointed members will constitute a quorum for the conduct of business for the CFD committee. A majority vote of the quorum will be needed to carry a motion.

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NEW SECTION
WAC 357-55-235   What are the CFD Committee's responsibilities for a charity drive?   The CFD Committee will organize and effect one solicitation effort for charitable donations each year.

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NEW SECTION
WAC 357-55-240   What are the CFD Committee's responsibilities for standards and criteria to participate in the fund drive?   The CFD Committee will 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 Committee. Changes in the standards and criteria will be made only after 60 days notice is given by the CFD Committee.

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NEW SECTION
WAC 357-55-245   Who completes, evaluates and approves the application printed and distributed by the CFD committee?   The application which is distributed by the CFD committee will be completed and submitted by those not-for-profit organizations and federations seeking approval to participate in the CFD campaign.

The CFD Committee will evaluate each completed application, based on the established standards and criteria, and will determine which not-for-profit organizations or federations are approved to participate in the annual CFD campaign.

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NEW SECTION
WAC 357-55-250   Who develops the official CFD campaign and publicity materials?   The CFD Committee will 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.

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NEW SECTION
WAC 357-55-255   Who determines the CFD committee's administrative expenses and how are they recovered?   The CFD Committee will determine its reasonable administrative expenses to conduct the CFD campaign and recover those expenses.

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NEW SECTION
WAC 357-55-260   Who establishes the process for handling and depositing employee contributions?   The CFD Committee will establish a procedure for CFD staff to collect, process and deposit individual employee contributions during the annual fundraising. Contributions from fundraising efforts will be deposited into the CFD account in the custody of the state Treasurer according to state laws.

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