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HomeMy WebLinkAboutAdmin Order 21-01-02 ADMINISTRATIVE ORDER NO. 21-01-02 of the City Manager City of Eugene, Oregon ADOPTING A COMBINED CHARITABLE CONTRIBUTIONS PROGRAM AND REPEALING ADMINISTRATIVE ORDER NO. 44-94-05. The City Manager of the City of Eugene finds that: A. On several occasions throughout the year charitable organizations desire to solicit contributions or donations from City employees. B. In order to minimize disruption of the workplace, facilitate the participation of those employees who wish to provide for specific donations to charitable organizations, and minimize the administrative costs to the City in facilitating the participation, a Combined Charitable Contributions Program ("Program") was adopted by Administrative Order No. 44-94-05 on June 14, 1994. C. Since adoption of the Program, an Employee Campaign Leaders Steering Committee ("Committee") has been reviewing the Program. That review has been completed, and City staff and the Committee have recommended specific changes to the Program. D. I concur with the recommendations, and therefore Administrative Order No. 44-94-05 and the Program adopted therein should be repealed, and the Combined Charitable Contributions Program hereinafter set forth adopted. Now, Therefore, The City Manager of the City of Eugene Orders and Directs that: 1. Based on the above findings, which are adopted herein, Administrative Order No. 44- 94-05, and the Charitable Contributions Program adopted therein is repealed as of the effective date of this Order. 2. of Eugene: The following is hereby adopted as the Charitable Contributions Program for the City COMBINED CHARITABLE CONTRIBUTIONS PROGRAM Administrative Order/Charitable Contributions Program - 1 Section 1 - Definitions. When referred to herein, the following words and phrases mean: 1.1 Annual Charity Drive. The annual fund raising campaign conducted by funds or federations that have been certified by the City. 1.2 Charitable Organization. Any entity exempt from federal income tax under Internal Revenue Code Section 501(a), commonly Internal Revenue Code Section 501(c)(3), and supported in part by voluntary contributions from the public and registered with the Attorney General of Oregon as a charitable organization if required by ORS 128.610 to ORS 128.995. 1.3 City Manager. The City Manager of the City of Eugene, or the City Manager's designee. 1.4 Direct Designation/Donor Choice. The fund or federation permits the donor to designate a specific charitable organization, either within or outside of the fund or federation to receive the donation, rather than requiring that the donation be distributed among programs, agencies or other entities according to a schedule or formula determined by the fund or federation. The Campaign Manager shall ensure that any designated organization outside a fund or federation qualifies as a 501(c)(3) organization. 1.5 Fund or Federation. An entity serving as the agent of a group of member charitable organizations to which it disburses funds or an entity that grants funds to charitable organizations. 1.6 Local Presence. A direct and substantial presence in Lane County, as evidenced by the provision of charitable services benefitting Lane County residents in Lane County throughout the previous calendar year. Local presence shall be demonstrated by showing that the fund or federation spends 70 percent or more of its available funds in Lane County. Section 2 - Purpose. The City of Eugene supports charitable giving by City employees. The criteria contained herein is intended to meet the following objectives: 2.1 Ensure that donations are solicited from City employees by qualified funds or federations, 2.2 Enable City employees who wish to contribute to charities to have a reasonable opportunity to do so through paYroll deductions, 2.3 Minimize workplace disruption and the costs of administering the charitable contributions program, and 2.4 Provide City employees with a broad selection of charities to which they may contribute, while minimizing the duplication of similar services provided by the charities. Administrative Order/Charitable Contributions Program - 2 Section 3 - Compliance Required. Charitable solicitation of City employees while on the job during working hours shall be permitted only with the prior approval of the City Manager in accordance with this Program. Only funds or federations certified under this Program shall be allowed to solicit contributions from City employees as part of the Annual Charity Drive. All funds or federations shall have equal access to City employees. However, in order to minimize the disruption of the workplace, all access shall be coordinated and expressly authorized by the City Manager, or by the contractor, should the City Manager contract for campaign services pursuant to Section 11.2 of this Program. Section 4 - Certification of Funds and Federations. 4.1 Maximum Number. The City Manager shall certify no more than six funds or federations to participate in any annual campaign. 4.2 Application Process. Funds or federations seeking to participate in the Annual Charity Drive shall submit a written application to the City Manager on a form provided by the City. Applications must be submitted by June 1 of any year in which the City is accepting applications, except that the City Manager may extend the application deadline if necessary to achieve the Program's purposes. Applications shall demonstrate how the fund or federation meets the qualifications and certification criteria set forth in this Program. 4.3 Application Periods. The City shall conduct a regular open application period in 2002 and every three years thereafter. Except for the regular open application period, the City shall accept and consider applications from funds and federations only when fewer than the maximum number of funds or federations are certified to participate in that year's Annual Charity Drive. Beginning in 2002, all funds and federations shall reapply for certification during each regular open application period. 4.4 Qualifications. The City Manager shall determine if the fund or federation qualifies for certification based on the qualification criteria set forth in Section 5 of this Program. A fund or federation is qualified only if meets all the criteria listed in Section 5. 4.5 Certification. The City Manager shall select qualified applicants for certification based on the certification criteria set forth in Section 6. Only those funds and federations that are both qualified and certified will be allowed to participate in the next scheduled Annual Charity Drive. The City Manager shall notify each applicant in writing of his/her qualification and certification decisions. 4.6 Term of Certification. The City's certification of a fund or federation shall be effective for three years, or until the end of the current three-year certification period, whichever is sooner, unless the fund or federation is decertified pursuant to Section 7. 4.7 Review of Certified Funds and Federations. The City Manager shall review the qualifications of each participating fund or federation in the course of considering Administrative Order/Charitable Contributions Program - 3 renewal applications during the regular open application period. The City Manager may review the qualifications of certified funds and federations at any other time. Section 5 - Qualification Criteria. A fund or federation that applies to the City for certification shall meet the following criteria to be qualified to participate in the Annual Charity Drive: 5.1 The fund or federation is qualified as exempt and registered with the Internal Revenue Service and the fund or federation certifies that each member charitable organization is qualified as exempt and registered with the Internal Revenue Service, so that donor contributions are fully deductible (commonly IRC Section 501(c)(3)). 5.2 The fund or federation disburses funds to at least ten charitable organizations and demonstrates proof of such disbursements in the calendar year prior to its application. 5.3 The fund or federation demonstrates the required local presence. 5.4 The fund or federation has a written policy of non-discrimination regarding race, color, religion, national origin, handicap, age, sex, sexual orientation, and source of income, and demonstrates compliance with state, federal and local non-discrimination laws. In addition, the fund or federation provides documentation of its agencies' compliance with state and federal non-discrimination laws and encourages its agencies to comply with local non-discrimination laws. This policy shall be applicable to persons served by the fund or federation and to the employment or selection of the fund or federation's staff and Board of Directors. 5.5 The fund or federation has made the filings required by the Charitable Trust and Corporation Act and the Oregon Charitable Solicitation Act (ORS Chapter 128) and has not been found to be guilty of a violation of either Act by a court of competent jurisdiction during the twelve months preceding its application for certification. 5.6 The fund or federation has an unpaid Board of Directors. 5.7 The fund or federation has been incorporated no less than one year prior to the date of application for certification as a fund or federation. 5.8 The fund or federation provides for direct designation/donor choice to City employees. 5.9 The fund or federation spends no more than 20 percent of its annual budget on administrative costs (including fund-raising costs), and monitors its agencies' administrative costs and encourages them to lower those costs. 5.10 The fund or federation has not been decertified during the prior twelve months, except when that decertification has occurred because of low levels of employee Administrative Order/Charitable Contributions Program - 4 participation. Section 6 - Certification Criteria. When making certification decisions from a pool of qualified applicants, the City Manager shall consider the following criteria: 6.1 The strength of the fund or federation's local presence. 6.2 The community's need for the services provided and the niche filled by the fund or federation. 6.3 The fund or federation's administrative experience. 6.4 The fund or federation's commitment to non-discrimination. 6.5 The fund or federation's history of successful participation in prior Annual Charity Drives. 6.6 The percentage of participating City employees that contributed to the fund or federation in previous Annual Charity Drives. 6.7 The extent to which the fund or federation does not substantially duplicate other certified funds and federations. Section 7 - Decertification. 7.1 At any time during the three-year certification period, the City Manager may decertify any certified fund or federation that: 7.1.1 Fails to substantially meet the qualification criteria established; or 7.1.2 Includes intentionally false or misleading information on a certification application, brochure, or other document supplied to the City or its employees. 7.2 A notice of decertification shall be in writing and shall advise the recipient of the right of appeal. 7.3 A fund or federation that is decertified may not participate in the Annual Charity Drive for the remainder of the three-year certification period. However, employee donations shall continue to be distributed to the decertified fund or federation until the end of the campaign year in which the final order of decertification is issued. Section 8 - Ineligibility. Any certified fund or federation that does not receive donations from at least 5 percent of the total number of City employees participating in the annual campaign, averaged over a three-year period, may be decertified if there is another qualified fund or federation Administrative Order/Charitable Contributions Program - 5 seeking certification. A fund or federation decertified on this basis is eligible to reapply at the next opportunity. Section 9 - Appeals. Any fund or federation that has been denied certification, has been decertified, or has been declared ineligible from participation in the Annual Charity Drive, may, within 15 days after the notice of denial, decertification, or declaration of ineligibility, appeal in writing to the City Manager. Unless the appellant and the City agree to a longer time period, an appeal shall be heard by a hearings officer within 15 days of the receipt of the notice of intent to appeal. The hearings officer shall hear and determine the appeal on the basis of the criteria contained in this Program. The hearings officer shall issue a written decision within 10 days of the hearing date. The decision of the hearings officer is final. Section 10 - Financial Reporting. Each fund or federation shall disclose to City employees during the Annual Charity Drive the fund's or federation's administrative and fund-raising costs. In addition, each fund or federation shall make available to employees who request it, the administrative and fund-raising costs of its member charitable organizations. Following the close of the Annual Charity Drive, each fund or federation shall provide to the City a report detailing the amount of funds pledged and provided to each member charitable organization. Section 11 - Annual Campaign. 11.1 Campaign Activities of Certified Funds and Federations. The Annual Charity Drive shall occur in the Fall of each year within a period approved by the City Manager. All certified funds and federations must campaign in the same time frame in a manner determined by the City Manager to cause the least disruption to the conduct of the City's business. Certified funds and federations are permitted to engage in fund raising activities on the City's premises and receive pledges of financial aid to be paid through the City's payroll deduction system only during the campaign period. 11.2 Conduct of Campaign. The City Manager shall manage the Annual Charity Drive either internally or by contracting for campaign services, disbursements, and public accounting of funds. In the event that the City Manager contracts for campaign services, the City Manager shall retain final authority for determining that all funds or federations receive equal access to City employees. If a fund or federation is dissatisfied with the contractor's decision regarding access, the fund or federation may appeal the decision to the City Manager, whose decision shall be final. Section 12 - Costs Paid by Certified Organization. Each fund or federation may be required to furnish pledge cards to the City to be used by employees to designate the dollars to be collected through paYroll deduction. Any costs to the City for the design and printing of combined brochures, pledge cards, or other related documents, or costs of the City for the management of the Annual Charity Drive shall be paid by certified funds or federations in proportion to the amount of funds pledged during the campaign. Extra administrative or operational costs to the City, including modification to the City paYroll system, if necessary, shall also be paid by the certified funds or federations. The City may deduct from the dollars collected for a fund or federation the amounts Administrative Order/Charitable Contributions Program - 6 owed under this section. Section 13 - Payroll Deduction. In addition to cash donations accepted during the Annual Charity Drive, the City's paYroll deduction system shall be used to collect and distribute charitable contributions. Only funds or federations certified under this policy will be eligible for paYroll deduction. 3. Notwithstanding any provisions of the Program adopted in this Order, all currently certified funds and federations shall be eligible to participate in the Annual Charity Drive to be conducted in the Fall of 2001. In addition, the City may accept applications from other funds or federations for participation in the 2001 Annual Charity Drive after the effective date of this Order. Commencing with the year 2002, all funds and federations must apply for certification or recertification in accordance with the provisions of the Program adopted herein. The foregoing Combined Charitable Contributions Program is adopted and effective this ~ day of June, 2001. ~R-.~ James R. Johnson City Manager Administrative Order/Charitable Contributions Program - 7