WSR 08-04-100

PROPOSED RULES

DEPARTMENT OF PERSONNEL


[ Filed February 6, 2008, 8:12 a.m. ]

     Original Notice.

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

     Title of Rule and Other Identifying Information: WAC 357-55-020 What is the intent of the combined fund drive rules?, 357-55-110 What definitions apply to this chapter of the civil service rules?, 357-55-215 What does the CFD committee do?, 357-55-225 When will the CFD committee meet?, 357-55-235 What are the CFD committee's responsibilities for a charity drive?, 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?, 357-55-625 May a participating organization be decertified or disqualified from participating in the combined fund drive?, 357-55-635 When is decertification of an organization effective?, and 357-55-640 When will payments of contributions cease for a decertified organization?

     Hearing Location(s): Department of Personnel, 2828 Capitol Boulevard, Tumwater, WA, on March 13, 2008, at 8:30 a.m.

     Date of Intended Adoption: March 13, 2008.

     Submit Written Comments to: Connie Goff, Department of Personnel, P.O. Box 47500, e-mail connieg@dop.wa.gov, fax (360) 586-4694, by March 6, 2008. FOR DOP TRACKING PURPOSES PLEASE NOTE ON SUBMITTED COMMENTS "FORMAL COMMENT."

     Assistance for Persons with Disabilities: Contact department of personnel by March 6, 2008, TTY (360) 753-4107, or (360) 586-8260.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this proposal is for the following reasons:

• The CFD committee removed the restriction concerning a charity providing local services to be approved into the CFD campaign.
• The CFD committee approved the concept of a flexible campaign and wants to remove any reference to the terms "annual" or "yearly" campaign and remove any specific dates in the rules.
• Clarification that other officers will be elected annually as needed.
• Eliminate language that is not necessary to understand the meaning of granting permission for charities to give information to state offices.
• Per HB 1599 raffles are now allowed within state agencies to raise funds for the CFD.
• Charities will now be approved anytime during the year rather than just once a year.
• Payments to decertified organizations should stop at the end of the quarter that they are decertified.

     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.

     Name of Proponent: Department of personnel, governmental.

     Name of Agency Personnel Responsible for Drafting: Kristie Wilson, 521 Capitol Way South, Olympia, WA, (360) 664-6408; 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.

February 6, 2008

Eva N. Santos

Director


AMENDATORY SECTION(Amending WSR 05-08-132, filed 4/6/05, effective 7/1/05)

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)) Washington state and around the world;

     (3) Minimize both the disruption of the state workplace 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.

[Statutory Authority: Chapter 41.06 RCW. 05-08-132, § 357-55-020, filed 4/6/05, effective 7/1/05.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 05-08-132, filed 4/6/05, effective 7/1/05)

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) Flexible Campaign: The ability for a state agency or institution of higher education to conduct a CFD campaign once a year at any time during the year.

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

     (((4))) (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.

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

     (((9))) (8) 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.

[Statutory Authority: Chapter 41.06 RCW. 05-08-132, § 357-55-110, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-132, filed 4/6/05, effective 7/1/05)

WAC 357-55-215   What does the CFD committee do?   A CFD committee is established to conduct a ((single)) flexible, 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.

[Statutory Authority: Chapter 41.06 RCW. 05-08-132, § 357-55-215, filed 4/6/05, effective 7/1/05.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 05-08-132, filed 4/6/05, effective 7/1/05)

WAC 357-55-225   When will the CFD committee meet?   The CFD committee will meet to conduct necessary business, elect a chairperson, and other officers as needed, annually or as vacancies occur. ((annually, and elect such other officers as may be needed.))

[Statutory Authority: Chapter 41.06 RCW. 05-08-132, § 357-55-225, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-132, filed 4/6/05, effective 7/1/05)

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

[Statutory Authority: Chapter 41.06 RCW. 05-08-132, § 357-55-235, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-133, filed 4/6/05, effective 7/1/05)

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 agency's or institution's CFD campaign ((within the September 1 to December 15 time frame)).

     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.))

[Statutory Authority: Chapter 41.06 RCW. 05-08-133, § 357-55-415, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-133, filed 4/6/05, effective 7/1/05)

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 during the CFD campaign, by participating organizations if the agency or institution determines such communication is not disruptive to the local state office or institution. All CFD participating organizations must be given an equal opportunity for communication in a state employer's local CFD campaign.

     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.

[Statutory Authority: Chapter 41.06 RCW. 05-08-133, § 357-55-420, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-133, filed 4/6/05, effective 7/1/05)

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 nonsolicitation events to build support for the CFD are encouraged.

     ((Special)) CFD fundraising events, such as raffles (as permitted by RCW 9.46.0209 and RCW 42.52.805), 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.

[Statutory Authority: Chapter 41.06 RCW. 05-08-133, § 357-55-425, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-133, filed 4/6/05, effective 7/1/05)

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)) less than two-hundred dollars in total CFD contributions in a calendar year.

[Statutory Authority: Chapter 41.06 RCW. 05-08-133, § 357-55-625, filed 4/6/05, effective 7/1/05.]


AMENDATORY SECTION(Amending WSR 05-08-133, filed 4/6/05, effective 7/1/05)

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)) the quarter following notice of decertification under WAC 357-55-630. Quarters begin on the first day of January, April, July, or October of each year. A decertified organization or federation is disqualified from participating in the CFD campaign as of that effective date.

[Statutory Authority: Chapter 41.06 RCW. 05-08-133, § 357-55-635, filed 4/6/05, effective 7/1/05.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 05-08-133, filed 4/6/05, effective 7/1/05)

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)) a quarterly distribution. ((Payments)) Contributions received after that date, ((but)) originally pledged to an organization or federation that is decertified, will be disbursed as directed by the CFD committee consistent with WAC 357-55-275.

[Statutory Authority: Chapter 41.06 RCW. 05-08-133, § 357-55-640, filed 4/6/05, effective 7/1/05.]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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