PERMANENT RULESSECRETARY OF STATE
Filed July 22, 2010,
, effective August 22, 2010
Effective Date of Rule:
Thirty-one days after filing.
Purpose: Rules are necessary to implement new
legislation, regarding the combined fund drive, passed by the
2010 Washington state legislature.
These rules are regarding the transfer of the combined
fund drive from the department of personnel to the office of
the secretary of state. The rules also eliminate the combined
fund drive committee. These new rules implement SB 6540 by
creating chapter 434-750 WAC.
Statutory Authority for Adoption: RCW 41.04.033.
Adopted under notice filed as WSR 10-12-042
on May 25,
Number of Sections Adopted in Order to Comply with Federal Statute:
Federal Rules or Standards:
or Recently Enacted State Statutes:
Number of Sections Adopted at Request of a Nongovernmental Entity:
Number of Sections Adopted on the Agency's Own Initiative:
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures:
Number of Sections Adopted Using Negotiated Rule Making:
Pilot Rule Making:
or Other Alternative Rule Making:
Date Adopted: July 22, 2010.
Assistant Secretary of State
Chapter 434-750 WAC
COMBINED FUND DRIVE
The combined fund drive is the
only authorized formal solicitation of Washington state
employees in the workplace on behalf of participating
not-for-profit organization and federations.
The intent of the combined fund
drive 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 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
(4) Ensure that participating organizations and
federations are fiscally responsible in the uses of the moneys
The rules in this chapter
do not apply to the collection of gifts-in-kind, such as food,
clothing and toys.
The following definitions
apply to chapter 434-750 WAC:
"CFD" means Washington state combined fund drive.
"CFD campaign" means the 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. State agencies or institutions of higher
education have the flexibility to conduct a CFD campaign once
a year at any time during the year.
"Federation" means 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.
"Participating organization" means a public 170 (c)(1) or
private 501 (c)(3) not-for-profit organization whose
application is approved by the CFD to participate in the CFD
"State employer" means Washington state agencies and
higher education institutions and related boards.
"Year of contributions" means 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.
Handling and depositing contributions.
The office of the secretary of state will establish a
procedure for CFD staff to collect, process and deposit
individual employee contributions. Contributions from
fund-raising efforts will be deposited into the CFD account in
the custody of the state treasurer according to state laws.
Staff and volunteer positions.
office of the secretary of state will establish staff and
volunteer positions and committees as necessary to assist in
the annual CFD campaign.
Responsibilities of CFD program manager.
The CFD program manager exercises general supervision over all
operations of the CFD and strives 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 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 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.
elected officials and higher education presidents are
authorized and encouraged to designate 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
CFD campaign support.
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
Local CFD campaigns.
employer may establish local CFD campaigns within the
geographical area it covers. Each state employer and local
county committee may develop promotional and fund-raising
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 occurrence.
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. 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
Permission to share information during
The local state employer may grant sharing of
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
Campaign events during work hours.
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. CFD fund-raising
events, such as raffles (as permitted by RCW 9.46.0209 and
42.52.805), drawings, auctions, bake sales, carnivals,
athletic events, or other activities not specifically provided
for in these rules are permitted 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 fund-raising events on state work time.
Employees and public
agency retirees may be solicited for contributions using
payroll deduction, checks, money orders, credit cards, cash or
Recovery of campaign expenses.
will recover from the gross receipts of the CFD campaign, or
state appropriations, its reasonable administrative expenses
to conduct the CFD campaign. The secretary of state will
approve an annual budget to determine the administrative fee
to be charged to the beneficiaries of the CFD.
Deduction of fund-raising expenses.
Fund-raising expenses will not be taken or deducted from
donations collected during a fund-raising event. These
fund-raising 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.
Division of campaign expenses.
campaign expenses will be shared proportionately by all the
participating not-for-profit organizations and federations
reflecting their individual percentage share of gross CFD
organizations must meet three requirements in order to be a
member with the CFD:
(1) Must have an approved federal IRS 501 (c)(3) or 170
(2) Must submit a CFD membership application; and
(3) Must be registered with the Washington state office
of the secretary of state. Registrations must be kept in an
Organizations not eligible.
not-for-profit organization or federation is determined not to
be eligible, the CFD 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 of noneligibility.
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.
Requests for reconsideration and any supporting materials must
be based solely on new or additional information that was not
available to the CFD at the time the initial determination was
(2) Within thirty calendar days of receiving the request
for reconsideration, the CFD will issue a written decision.
The CFD reconsideration decision is final.
(3) The CFD 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
Decertification or disqualification.
Once approved for participation, any participating
organization or federation may be decertified and disqualified
from participation in the combined fund drive campaign by the
CFD for one or more of the following reasons:
(1) Failing to comply with the rules contained in this
(2) Filing an application to participate in the state
combined fund drive campaign which contains false or
intentionally misleading information; or
(3) Receiving less than two hundred dollars in total CFD
contributions in a calendar year.
Notice of decertification decisions.
The CFD 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
Decertification effective date.
Decertification is effective on the first day of the quarter
following notice of decertification under WAC 434-750-240.
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.
Reconsideration of decertification
Requests for reconsideration of a decertification
decision will be governed by the procedures set forth for
reconsideration of eligibility in WAC 434-750-220.
The CFD will
direct 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, be returned to donors. If the
CFD determines it is not feasible to return such funds to
donors, it will determine the appropriate disposition of the
Combined fund drive advisory council.
The secretary of state may create a CFD advisory council to
provide advice and guidance on matters pertaining to operating
the CFD. The council will consist of no more than ten members
chosen by the secretary of state to represent a broad variety
of charities, higher education institutions, and state
Members serve at the pleasure of the secretary. Terms
are staggered, with the original board drawing for two- and
three-year terms. All following terms are three years but all
terms expire no later than when the appointing secretary
leaves office. Vacancies may be filled by the secretary upon
notice of a vacancy from the member. The council will elect a
chairperson from its members annually. The frequency of
meetings will be at least once a year but additional meetings
may be called by the secretary or council. Council members
are not compensated for their service, but may be reimbursed
for expenses incurred in the conduct of their official duties.
Reimbursement is at current state rates for travel and all
reimbursement requests must be received within thirty days of
incurring the expense.
© Washington State Code Reviser's Office