WSR 04-11-045

PERMANENT RULES

PERSONNEL RESOURCES BOARD


[ Filed May 13, 2004, 3:07 p.m. , effective May 13, 2004 ]

Date of Adoption: May 13, 2004.

Purpose: The purpose of this rule is to show the modifications to chapters 251-30 and 356-60 WAC made by SB 5156 in 2003. This will bring the current WAC up to date with the current law.

Citation of Existing Rules Affected by this Order: Chapter 251-30 WAC, Combined fund drive and chapter 356-60 WAC, Combined fund drive; repealing 6 and amending 10.

Statutory Authority for Adoption: RCW 41.06.150.

Adopted under notice filed as WSR 04-07-188 on March 24, 2004.

Changes Other than Editing from Proposed to Adopted Version: WAC 356-60-010(10) and 251-30-010(10) were changed to specify the determination of reasonable uses is made by agency directors and institutional presidents. WAC 356-60-030 (7)(d) and 251-60-030 (7)(d) added language about people with disabilities to replace outdated references to handicapped individuals.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 4, Amended 10, Repealed 6.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 4, Amended 10, Repealed 6.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: In accordance with RCW 34.05.380 (3)(a), May 13, 2004, effective date is proposed to prevent further delay of enacting statutory provisions of SB 5156, effective July 27, 2003. Hearings for comments and discussion were held in March and May. No objections to the May 13, 2004, effective date were received. Efforts and planning for combined fund drive campaign for fall 2004 is now taking place.
Effective Date of Rule: May 13, 2004.

May 13, 2004

E. C. Matt

Director


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 251-30-010   Combined Fund Drive Committee established.   (1) In accordance with RCW ((41.04.035, 41.04.036)) 41.04.033 through 41.04.039 and RCW 41.04.230 ((and in order to implement Senate Bill 6372)) and Executive Order EO 01-01, a committee is established to conduct a single, annual, consolidated effort to secure funds for distribution to ((agencies)) not-for-profit organizations engaged in charitable, ((and)) public health, public welfare and social services, environmental or arts purposes.

(2) The committee shall be known as the Washington ((employee)) state combined fund drive committee and referred to in these rules as the CFD committee.

(3) The CFD committee shall be composed of not more than twelve members appointed by the governor for three year terms. Appointments shall be consistent with Executive Order 01-01. ((The members shall be selected from the following groups:

(a) Public employees' unions;

(b) The legislative branch;

(c) The judicial branch;

(d) State agencies;

(e) Higher education institutions;

(f) Elected officials;

(g) Retired public employees;

(h) Other groups as may be recommended by the director of the department of personnel.))

(4) The CFD committee shall have the following responsibilities:

(((4))) (a) ((The committee shall)) Meet to conduct necessary business, elect a chairperson annually, and elect such other officers as may be needed. Fifty percent of the appointed members shall constitute a quorum for the conduct of business. A majority vote of the quorum will be needed to carry a motion.

(b) Organize and effect one solicitation effort for charitable donations each year.

(c) 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. The application will be completed and submitted by those not-for-profit organizations and federations seeking approval to participate in the CFD campaign. Changes in the standards and criteria shall be made only after 60 days notice is given.

(d) Evaluate each application, based on its standards and criteria, and determine which not-for-profit organizations or federations are approved to participate in the annual CFD campaign.

(e) 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.

(f) Determine and recover its reasonable administrative expenses to conduct the CFD campaign.

(g) 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.

(h) Establish a procedure for CFD staff to collect, process and deposit individual employee contributions during the annual fundraising. Contributions from fundraising efforts shall be deposited into the CFD account in the custody of the state Treasurer according to state laws.

(i) 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.

(5) Based on pledges received for an annual CFD campaign, when the annual net contribution for any participating organization or federation is estimated at two hundred fifty dollars or less, the CFD committee may direct the contributions be made in a lump sum at the end of the CFD campaign year to the recipient organization or federation.

(6) The CFD Committee shall 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, shall be returned to donors. If the CFD committee determines it is not feasible to return such funds to donors, it shall determine the appropriate disposition of the funds.

(((5))) (7) Members of the CFD committee shall serve without additional salary, but shall be reimbursed by their ((employing agencies)) 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 CFD.

(((6) The committee shall be a policy committee which shall organize and effect one solicitation effort each year.

(7) The committee shall establish standards and criteria for participation in the fund drive. (WAC 251-30-040 and 251-30-050.)

(8) The committee shall print and distribute an application form which agencies shall use to apply for participation in the fund drive.

(9) The committee shall evaluate each application, based on its criteria, and determine which agencies engaged in charitable and public health, welfare and social service purposes shall participate in one annual combined effort to secure funds from state employees through payroll deduction or other payment method.

(10) The committee may establish departmental combined fund drive leaders, local combined fund drive coordinators, local campaign steering committees and local campaign managers to assist in the fund drive.))

(8) 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 shall 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.

(((11))) (9) 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 ((state's annual charitable)) 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.

(((12))) (10) 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.

(((13))) (11) The department of personnel shall provide the administrative support for the operation of the committee.

(((14) All costs such as printing of brochures, preparation of slide presentations, and other promotional costs shall be the responsibility of those organizations designated to participate in the distribution of all funds collected. In circumstances where promotional costs cannot be associated with an individual charitable service organization, the costs shall be shared in a percentage relating to the total funds distributed.))

[Statutory Authority: RCW 41.06.150. 02-17-114, 251-30-010, filed 8/21/02, effective 9/30/02.]


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 251-30-020   Purposes and scope.   (1) The following rules are promulgated to implement a ((payroll deduction plan)) charitable CFD campaign for the efficient, long-term collection of voluntary employee and public agency retiree contributions to qualifying charitable, ((human health and welfare)) not-for-profit organizations. By establishing a uniform policy toward charitable fund raising efforts among state employees and public agency retirees, the state hopes to encourage generosity in voluntary financial support for the charitable services of the qualified participating organizations and participating federations.

(2) The intent of these ((regulations)) rules is to:

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

(b) Provide a convenient channel through which state employees and public agency retirees may contribute to the efforts of the ((qualifying voluntary health and welfare)) participating organizations and federations providing services in the community or region where the employees and public agency retirees live and work and overseas;

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

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

(3) 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. A CFD campaign may be conducted during a seven-week period, from September 1 to December 15, as determined by each state agency and higher education institution in accordance with these rules. In extraordinary circumstances, the CFD committee may consider granting approval for solicitations at other times.

(4) These rules in WAC 251-30 do not apply to the collection of gifts-in-kind, such as food, clothing and toys.

[Statutory Authority: RCW 41.06.150. 02-17-114, 251-30-020, filed 8/21/02, effective 9/30/02.]


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 251-30-030   Definitions.   (1) CFD Committee - The Washington state combined fund drive (CFD) committee described in WAC ((251-30-010)) 251-30-030.

(((2) State combined fund drive campaign - An arrangement by which the committee provides one or more other participating organizations with the opportunity to receive funds contributed to them in the annual campaign, based on their compliance with the regulations herein.))

(2) CFD - Washington state combined fund drive.

(3) 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) Participating organization - A health and welfare agency whose application has been accepted by the committee.))

(4) 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.

(((4) Annual campaign - The once-a-year period of organized solicitation of state employees and public agency retirees conducted annually to obtain voluntary contributions from state employees and public agency retirees for charitable commitments to be allocated during the ensuing year of contributions.))

(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))) (6) 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 ((regulations)) rules. The normal, full annual calendar year of contributions shall begin with January and end with the ensuing December.

(((6))) (7) ((Health and welfare agency)) Not-for-profit organization - ((The terms "voluntary agency," "voluntary health and welfare agency," "voluntary charitable agency," and "voluntary charitable health and welfare agency" mean an)) An organization that is ((organized and)) operated for the purpose of rendering, or of materially or financially supporting the rendering of, one or more of the following services ((for the benefit of human beings)):

(a) Delivery of health care to ill or infirm individuals;

(b) Education and training of personnel for the delivery of health care to ill or infirm individuals;

(c) Health research for the benefit of ill or infirm individuals;

(d) Delivery of education, training, and care to ((physically and mentally handicapped individuals)) people with disabilities;

(e) Treatment, care, rehabilitation, and counseling of juvenile delinquents, criminals, released convicts, persons who abuse drugs or alcohol, persons who are victims of intra-family violence or abuse, persons who are otherwise in need of social adjustment and rehabilitation, and the families of such persons;

(f) Relief of victims of crime, war, casualty, famine, natural disasters, and other catastrophes and emergencies;

(g) Neighborhood and community-wide social services that directly assist needy, poor, and indigent individuals, including provision of emergency relief and shelter, recreation, transportation, the preparation and delivery of meals, educational opportunities, and job training;

(h) Protection of families that, on account of economic or other need, poverty, indigence, or emergency, are in long-term or short-term need of family, child((-)) care, and maternity services, child and marriage counseling, foster care, and guidance or assistance in the management and maintenance of the home and household;

(i) Relief of needy, poor, and indigent infants and children, and of orphans, including the provision of adoption services;

(j) Relief of needy, poor, and indigent adults and of the elderly;

(k) Delivery of services or assistance that conserve, protect, or restore the environment;

(l) Delivery of services or assistance to threatened or endangered species;

(m) Delivery of services in the performing, visual, literary and media arts.

(((7))) (8) 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) Any not-for-profit federation or charitable organization whose services are rendered exclusively or in substantial preponderance overseas, and that meets all the criteria set forth in these rules, except for the requirement of local presence, and is approved by the CFD committee, shall be eligible to be a participating federation or participating organization.

(((8))) (9) Overseas - Areas outside of the District of Columbia and the fifty states of the United States of America.

(10) State employer - Washington state agencies and higher education institutions.

[Statutory Authority: RCW 41.06.150. 02-17-114, 251-30-030, filed 8/21/02, effective 9/30/02.]

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.
NEW SECTION
WAC 251-30-032   Establishing a local CFD campaign.   (1) Each state employer may establish local CFD campaigns within the geographical area it covers.

(2) 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.

(3) 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 shall not extend beyond December 15.

(4) Employees and public agency retirees may be solicited for contributions using payroll deduction, checks, money orders, credit cards, cash or electronic methods.

(5) 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 not-for-profit 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.

(6) This section shall 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.

(7) Solicitations of employees shall be conducted during duty hours using methods that permit true voluntary giving and shall 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.

(8) 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 if approved, in advance, by the state employer.

(9) At the discretion of each state employer, state employees may be authorized to attend CFD promotional and fundraising events on state work time.

[]


NEW SECTION
WAC 251-30-034   CFD campaign expenses.   (1) The CFD committee shall 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.

(2) Fundraising expenses shall 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.

(3) 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.

[]


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 251-30-055   Determination of eligibility -- Procedure for reconsideration.   (1) Using the information supplied under this chapter and the standards and criteria set forth in ((WAC 251-30-040 and 251-30-050)) the application form, the CFD committee will determine which ((agencies and which federated organizations)) not-for-profit organizations and federations are eligible to participate in annual ((state combined fund drive)) CFD campaigns. ((Any agency or federated organization determined not to be eligible may, within fifteen days after receiving notice of noneligibility, request reconsideration in writing, submitting responsive materials relating to the noneligibility notice in support of the request at the same time. The committee will duly reconsider the eligibility of the requesting agency or federated organization and will issue written notice of its final decision on eligibility within thirty days of receiving the request. Any decision on reconsideration will be a final determination of eligibility.)) 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.

(2) The following process will be used for requests for reconsideration of noneligibility:

(a) 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.

(b) 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.

(c) The CFD committee may extend the time periods established in this section if it determines there is good cause to do so.

(d) Any written requests or notices made under this section will be deemed received three business days after deposit in the United States mail, properly stamped and addressed.

((For the purposes of this section, any written requests or notices will be presumed to be received no more than three business days after mailing.))

[Statutory Authority: RCW 41.06.150. 02-17-114, 251-30-055, filed 8/21/02, effective 9/30/02.]


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 251-30-057   Decertification and disqualification.   (1) Once approved for participation, any ((health and welfare agency)) participating organization or ((federated organization)) federation may be decertified and disqualified from participation in the ((state employee)) combined fund drive campaign by majority vote of the CFD committee for ((any)) one or more of the following reasons:

(a) ((Failure)) Failing to comply with the rules contained in this chapter;

(b) Filing an application to participate in the state combined fund drive campaign which contains false or intentionally misleading information; or

(c) ((An)) Receiving an annual contribution pledge from an annual CFD campaign of two hundred fifty dollars or less.

(2) ((Any decertified health and welfare agency or federated organization shall be disqualified from participating in the next state employee combined fund drive campaign.)) 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.

(a) 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.

(b) 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, shall be disbursed as directed by the CFD committee.

(3) ((The committee may order that the annual net estimated contribution for any health and welfare agency or federated organization receiving an annual pledge of two hundred fifty dollars or less in an annual campaign may be made in a lump sum at the end of the year of contributions.)) Requests for reconsideration of a decertification decision shall be governed by the procedures set forth for reconsideration of eligibility in WAC 251-30-055.

(((4) Any health and welfare agency or federated organization decertified under subsection (1)(a) or (b) of this section shall have any further payment of contributions terminated. The committee shall determine the method of disbursement of any future payments originally pledged in an annual campaign to such health and welfare agency or federated organization.

(5) Any decertified health and welfare agency or federated organization may request reconsideration of the committee's action using the procedures described under WAC 251-30-055.))

[Statutory Authority: RCW 41.06.150. 02-17-114, 251-30-057, filed 8/21/02, effective 9/30/02.]


NEW SECTION

The following sections of the Washington Administrative Code are recodified as follows:


Old WAC Number New WAC Number
WAC 251-30-010 WAC 251-30-030
WAC 251-30-020 WAC 251-30-010
WAC 251-30-030 WAC 251-30-020

REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 251-30-040 Basic standards and criteria for agency membership applicable to all agencies.
WAC 251-30-050 Required characteristics of eligible federations (umbrella organizations).
WAC 251-30-060 Qualifications for local campaign manager.

AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 356-60-010   Combined Fund Drive Committee established.   (1) In accordance with RCW ((41.04.035, 41.04.036)) 41.04.033 through 41.04.039 and RCW 41.04.230 ((and in order to implement Senate Bill 6372)) and Executive Order EO 01-01, a committee is established to conduct a single, annual, consolidated effort to secure funds for distribution to ((agencies)) not-for-profit organizations engaged in charitable, ((and)) public health, public welfare and social services, environmental or arts purposes.

(2) The committee shall be known as the Washington state combined fund drive committee and referred to in these rules as the CFD committee.

(3) The CFD committee shall be composed of not more than twelve members appointed by the governor for three year terms. Appointments shall be consistent with Executive Order 01-01. ((The members shall be selected from the following groups:

(a) Public employees' unions;

(b) The legislative branch;

(c) The judicial branch;

(d) State agencies;

(e) Higher education institutions;

(f) Elected officials;

(g) Retired public employees;

(h) Other groups as may be recommended by the director of the department of personnel.))

(4) The CFD committee shall have the following responsibilities:

(((4))) (a) ((The committee shall)) Meet to conduct necessary business, elect a chairperson annually, and elect such other officers as may be needed. Fifty percent of the appointed members shall constitute a quorum for the conduct of business. A majority vote of the quorum will be needed to carry a motion.

(b) Organize and effect one solicitation effort for charitable donations each year.

(c) 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. The application will be completed and submitted by those not-for-profit organizations and federations seeking approval to participate in the CFD campaign. Changes in the standards and criteria shall be made only after 60 days notice is given.

(d) Evaluate each application, based on its standards and criteria, and determine which not-for-profit organizations or federations are approved to participate in the annual CFD campaign.

(e) 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.

(f) Determine and recover its reasonable administrative expenses to conduct the CFD campaign.

(g) 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.

(h) Establish a procedure for CFD staff to collect, process and deposit individual employee contributions during the annual fundraising. Contributions from fundraising efforts shall be deposited into the CFD account in the custody of the state Treasurer according to state laws.

(i) 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.

(5) Based on pledges received for an annual CFD campaign, when the annual net contribution for any participating organization or federation is estimated at two hundred fifty dollars or less, the CFD committee may direct the contributions be made in a lump sum at the end of the CFD campaign year to the recipient organization or federation.

(6) The CFD Committee shall 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, shall be returned to donors. If the CFD committee determines it is not feasible to return such funds to donors, it shall determine the appropriate disposition of the funds.

(((5))) (7) Members of the CFD committee shall serve without additional salary, but shall be reimbursed by their ((employing agencies)) 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 CFD.

(((6) The committee shall be a policy committee which shall organize and effect one solicitation effort each year.

(7) The committee shall establish standards and criteria for participation in the fund drive. (WAC 356-60-040 and 356-60-050.)

(8) The committee shall print and distribute an application form which agencies shall use to apply for participation in the fund drive.

(9) The committee shall evaluate each application, based on its criteria, and determine which agencies engaged in charitable and public health, welfare and social service purposes shall participate in one annual combined effort to secure funds from state employees through payroll deduction or other payment method.

(10) The committee may establish departmental combined fund drive leaders, local combined fund drive coordinators, local campaign steering committees and local campaign managers to assist in the fund drive.))

(8) 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 shall 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.

(((11))) (9) 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 ((state's annual charitable)) 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.

(((12))) (10) 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.

(((13))) (11) The department of personnel shall provide the administrative support for the operation of the committee.

(((14) All costs such as printing of brochures, preparation of slide presentations, and other promotional costs shall be the responsibility of those organizations designated to participate in the distribution of all funds collected. In circumstances where promotional costs cannot be associated with an individual charitable service organization, the costs shall be shared in a percentage relating to the total funds distributed.))

[Statutory Authority: RCW 41.06.150. 02-17-114, 356-60-010, filed 8/21/02, effective 9/30/02.]


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 356-60-020   Purposes and scope.   (1) The following rules are promulgated to implement a ((payroll deduction plan)) charitable CFD campaign for the efficient, long-term collection of voluntary employee and public agency retiree contributions to qualifying charitable, ((human health and welfare)) not-for-profit organizations. By establishing a uniform policy toward charitable fund raising efforts among state employees and public agency retirees, the state hopes to encourage generosity in voluntary financial support for the charitable services of the qualified participating organizations and participating federations.

(2) The intent of these ((regulations)) rules is to:

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

(b) Provide a convenient channel through which state employees and public agency retirees may contribute to the efforts of the ((qualifying voluntary health and welfare)) participating organizations and federations providing services in the community or region where the employees and public agency retirees live and work and overseas;

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

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

(3) 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. A CFD campaign may be conducted during a seven-week period, from September 1 to December 15, as determined by each state agency and higher education institution in accordance with these rules. In extraordinary circumstances, the CFD committee may consider granting approval for solicitations at other times.

(4) These rules in WAC 356-60 do not apply to the collection of gifts-in-kind, such as food, clothing and toys.

[Statutory Authority: RCW 41.06.150. 02-17-114, 356-60-020, filed 8/21/02, effective 9/30/02.]


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 356-60-030   Definitions.   (1) CFD Committee - The Washington state combined fund drive (CFD) committee described in WAC ((356-60-010)) 356-60-030.

(((2) State combined fund drive campaign - An arrangement by which the committee provides one or more other participating organizations with the opportunity to receive funds contributed to them in the annual campaign, based on their compliance with the regulations herein.))

(2) CFD - Washington state combined fund drive.

(3) 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) Participating organization - A health and welfare agency whose application has been accepted by the committee.))

(4) 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.

(((4) Annual campaign - The once-a-year period of organized solicitation of state employees and public agency retirees conducted annually to obtain voluntary contributions from state employees and public agency retirees for charitable commitments to be allocated during the ensuing year of contributions.))

(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))) (6) 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 ((regulations)) rules. The normal, full annual calendar year of contributions shall begin with January and end with the ensuing December.

(((6))) (7) ((Health and welfare agency)) Not-for-profit organization - ((The terms "voluntary agency," "voluntary health and welfare agency," "voluntary charitable agency," and "voluntary charitable health and welfare agency" mean an)) An organization that is ((organized and)) operated for the purpose of rendering, or of materially or financially supporting the rendering of, one or more of the following services ((for the benefit of human beings)):

(a) Delivery of health care to ill or infirm individuals;

(b) Education and training of personnel for the delivery of health care to ill or infirm individuals;

(c) Health research for the benefit of ill or infirm individuals;

(d) Delivery of education, training, and care to ((physically and mentally handicapped individuals)) people with disabilities;

(e) Treatment, care, rehabilitation, and counseling of juvenile delinquents, criminals, released convicts, persons who abuse drugs or alcohol, persons who are victims of intra-family violence or abuse, persons who are otherwise in need of social adjustment and rehabilitation, and the families of such persons;

(f) Relief of victims of crime, war, casualty, famine, natural disasters, and other catastrophes and emergencies;

(g) Neighborhood and community-wide social services that directly assist needy, poor, and indigent individuals, including provision of emergency relief and shelter, recreation, transportation, the preparation and delivery of meals, educational opportunities, and job training;

(h) Protection of families that, on account of economic or other need, poverty, indigence, or emergency, are in long-term or short-term need of family, child care, and maternity services, child and marriage counseling, foster care, and guidance or assistance in the management and maintenance of the home and household;

(i) Relief of needy, poor, and indigent infants and children, and of orphans, including the provision of adoption services;

(j) Relief of needy, poor, and indigent adults and of the elderly;

(k) Delivery of services or assistance that conserve, protect, or restore the environment;

(l) Delivery of services or assistance to threatened or endangered species;

(m) Delivery of services in the performing, visual, literary and media arts.

(((7))) (8) 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) Any not-for-profit federation or charitable organization whose services are rendered exclusively or in substantial preponderance overseas, and that meets all the criteria set forth in these rules, except for the requirement of local presence, and is approved by the CFD committee, shall be eligible to be a participating federation or participating organization.

(((8))) (9) Overseas - Areas outside of the District of Columbia and the fifty states of the United States of America.

(10) State employer - Washington state agencies and higher education institutions.

[Statutory Authority: RCW 41.06.150. 02-17-114, 356-60-030, filed 8/21/02, effective 9/30/02.]


NEW SECTION
WAC 356-60-032   Establishing a local CFD campaign.   (1) Each state employer may establish local CFD campaigns within the geographical area it covers.

(2) 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.

(3) 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 shall not extend beyond December 15.

(4) Employees and public agency retirees may be solicited for contributions using payroll deduction, checks, money orders, credit cards, cash or electronic methods.

(5) 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 not-for-profit 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.

(6) This section shall 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.

(7) Solicitations of employees shall be conducted during duty hours using methods that permit true voluntary giving and shall 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.

(8) 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 if approved, in advance, by the state employer.

(9) 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 356-60-034   CFD campaign expenses.   (1) The CFD committee shall 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.

(2) Fundraising expenses shall 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.

(3) 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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AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 356-60-055   Determination of eligibility -- Procedure for reconsideration.   (1) Using the information supplied under this chapter and the standards and criteria set forth in ((WAC 356-60-040 and 356-60-050)) the application form, the CFD committee will determine which ((agencies and which federated)) not-for-profit organizations and federations are eligible to participate in annual ((state combined fund drive)) CFD campaigns. ((Any agency or federated organization determined not to be eligible may, within fifteen days after receiving notice of noneligibility, request reconsideration in writing, submitting responsive materials relating to the noneligibility notice in support of the request at the same time. The committee will duly reconsider the eligibility of the requesting agency or federated organization and will issue written notice of its final decision on eligibility within thirty days of receiving the request. Any decision on reconsideration will be a final determination of eligibility.)) 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.

(2) The following process will be used for requests for reconsideration of noneligibility:

(a) 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.

(b) 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.

(c) The CFD committee may extend the time periods established in this section if it determines there is good cause to do so.

(d) 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.

((For the purposes of this section, any written requests or notices will be presumed to be received no more than three business days after mailing.))

[Statutory Authority: RCW 41.06.150. 02-17-114, 356-60-055, filed 8/21/02, effective 9/30/02.]


AMENDATORY SECTION(Amending WSR 02-17-114, filed 8/21/02, effective 9/30/02)

WAC 356-60-057   Decertification and disqualification.   (1) Once approved for participation, any ((health and welfare agency)) participating organization or ((federated organization)) federation may be decertified and disqualified from participation in the ((state employee)) combined fund drive campaign by majority vote of the CFD committee for ((any)) one or more of the following reasons:

(a) ((Failure)) Failing to comply with the rules contained in this chapter;

(b) Filing an application to participate in the state combined fund drive campaign which contains false or intentionally misleading information; or

(c) ((An)) Receiving an annual contribution pledge from an annual CFD campaign of two hundred fifty dollars or less.

(2) ((Any decertified health and welfare agency or federated organization shall be disqualified from participating in the next state employee combined fund drive campaign.)) 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.

(a) 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.

(b) 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, shall be disbursed as directed by the CFD committee.

(3) ((The committee may order that the annual net estimated contribution for any health and welfare agency or federated organization receiving an annual pledge of two hundred fifty dollars or less in an annual campaign may be made in a lump sum at the end of the year of contributions.)) Requests for reconsideration of a decertification decision shall be governed by the procedures set forth for reconsideration of eligibility in WAC 356-60-055.

(((4) Any health and welfare agency or federated organization decertified under subsection (1)(a) or (b) of this section shall have any further payment of contributions terminated. The committee shall determine the method of disbursement of any future payments originally pledged in an annual campaign to such health and welfare agency or federated organization.

(5) Any decertified health and welfare agency or federated organization may request reconsideration of the committee's action using the procedures described under WAC 356-60-055.))

[Statutory Authority: RCW 41.06.150. 02-17-114, 356-60-057, filed 8/21/02, effective 9/30/02.]


NEW SECTION

The following sections of the Washington Administrative Code are recodified as follows:


Old WAC Number New WAC Number
WAC 356-60-010 WAC 356-60-030
WAC 356-60-020 WAC 356-60-010
WAC 356-60-030 WAC 356-60-020

REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 356-60-040 Basic standards and criteria for agency membership applicable to all agencies.
WAC 356-60-050 Required characteristics of eligible federations (umbrella organizations).
WAC 356-60-060 Qualifications for local campaign manager.

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