Stat. Auth.:ORS184.340, 292.045 & 184.305 Stats. Implemented:ORS292.043 & 292.045 Hist.: Bad 1-2008, F. 9-16-08, Cert. Ef. 9-19-08; Renumbered From 121-030-0090 By Das 2-2012, F. 11-20-12, Cert. Ef. 12-1-12; Das 3-2015, F. & Cert. Ef. 5-29-15

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_100/oar_125/125_030.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF ADMINISTRATIVE SERVICES

 






DIVISION 30
ANNUAL CHARITABLE
FUND DRIVE PROGRAM
125-030-0006
Annual Charitable Fund Drive Program
(1) The purpose of the Annual Charitable
Fund Drive Program is to:
(a) Provide a wide range
of choices for state employees and retirees from state service who wish to give
to charitable organizations and support Oregon communities;
(b) Encourage volunteer leadership;
(c) Consolidate charitable
solicitation and minimize work-place disruption;
(d) Minimize cost to government
and charitable organizations in charitable solicitation efforts;
(e) Ensure funds are solicited
by qualified funds or federations;
(f) Ensure solicitation is
conducted in a voluntary atmosphere.
(2) No organized charitable
solicitations of state employees in state offices, facilities or other places of
employment shall be permitted without prior approval of the Director of the Department
of Administrative Services.
(3) All solicitations by
charitable organizations that are approved in accordance with this rule shall be
made in one combined annual fund drive for cash contributions or payroll deductions
that shall be conducted on dates established by order of the Director of the Department
of Administrative Services.
(4) OAR chapter 125, division
30, does not apply to the Governor’s Annual Food Drive, the annual Christmas
Toys for Joy Program or the Campaign for Equal Justice.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043,
292.045
Hist.: EX 2-1988(Temp), f.
& ef. 7-27-88; EX 1-1989, f. & ef. 1-27-89; EX 1-1990, f. & cert. ef.
5-8-90; EX 3-1990(Temp), f. & cert. ef. 8-3-90; EX 1-1991, f. & cert. ef.
1-28-91; EX 1-1993(Temp), f. & cert. ef. 4-13-93; ASD 1-1993, f. 12-29-93, cert.
ef. 1-1-94; BAD 2-2002, f. & cert. ef. 7-30-02; BAD 1-2008, f. 9-16-08, cert.
ef. 9-19-08; Renumbered from 121-030-0000 by DAS 2-2012, f. 11-20-12, cert. ef.
12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-030-0016
Definitions
As used in OAR 125-030-0000 through
125-030-0090:
(1) "Charitable Organization"
means either:
(a) A nonprofit organization
that is recognized as a 501(c)(3) organization under the Internal Revenue Code and
is registered as a charitable organization with the Attorney General as required
by ORS 128.610 to 128.995; or
(b) A state-created nonprofit
fund that receives donations, which may be deducted from taxable income as "charitable
contributions" under Section 170(a) and (c) of the Internal Revenue Code.
(2) "Fund" means an entity
that disburses charitable contributions to ten or more charitable organizations.
(3) “Federation”
means an entity that serves as the agent for a group of at least ten charitable
organizations.
(4) "Local Presence" means
a demonstrated presence in the State of Oregon as evidenced by the provision of
direct and substantial charitable services or activities benefiting Oregonians in
Oregon throughout the previous calendar year.
(5) "Charitable Fund Drive
Management Organization" means the person or organization selected to administer
the annual Charitable Fund Drive on behalf of all participating funds and federations.
(6) "Charitable Fund Drive
Committee" or “Committee” means the committee appointed to set policies
and implement the Charitable Fund Drive Program for state employees.
(7) A “conflict of
interest,” whether actual or potential, means any action, decision or recommendation,
the effect of which would be or could be to the pecuniary benefit or detriment of
a fund, federation or associated charitable organization.
(8) “Department”
means the Department of Administrative Services.
(9) “Director”
means the Director of the Department of Administrative Services.
[Publications: Publications referenced are
available from the agency.]
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043,
292.045
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08; Renumbered from 121-030-0010
by DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-030-0021
Charitable Fund Drive Committee
(1) The Charitable Fund Drive Committee
shall be composed of seven members, all of whom must be employees of the State of
Oregon.
(2) The Director shall appoint
members who:
(a) Reflect the diversity
of employees including, but not limited to, geography, race, gender, age, chosen
profession, disability, and agency affiliation;
(b) Have skills in the following
areas:
(A) Marketing;
(B) Fundraising;
(C) Organizational skills;
(D) Accounting; and
(E) Payroll.
(3) The Director will appoint
members to serve a term of one to three years.
(4) No member may serve more
than two consecutive terms.
(5) No member shall take
any action that creates a conflict of interest with respect to any fund, federation,
or affiliated charitable organization that the member is associated with in a leadership
capacity.
(6) The Director will appoint
one member as chair. The Governor shall be the honorary chair.
(7) The responsibilities
of the Committee are to:
(a) Implement OAR 125-030-0000
to 125-030-0090 and propose changes for adoption by the Director as necessary;
(b) Establish and enforce
policies and procedures for managing the Charitable Fund Drive, recommending any
rules for the Director's adoption;
(c) Prescribe, review and
approve initial and renewal applications of funds and federations;
(d) Select, supervise, and
establish guidelines for the Charitable Fund Drive Management Organization;
(e) Ensure the funds and
federations have equal access to state resources;
(f) Provide and communicate
fund drive information to state agencies and fund drive participants;
(g) Ensure the fund drive
is free from coercion and unfair or misleading conduct;
(h) Approve budget and costs
and ensure funds are properly accounted for;
(i) Hear grievances of funds
and federations; and
(j) Prepare and distribute
requests for proposals to be used in evaluating and selecting the Charitable Fund
Drive Management Organization and make a final recommendation to the Director.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 184.340,
292.045 & 184.345
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; BAD 1-1998(Temp), f. & cert. ef. 6-25-98 thru 8-31-98; BAD
2-1998, f. 12-17-98, cert. ef. 12-24-98; BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08;
Renumbered from 121-030-0020 by DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12; DAS
3-2015, f. & cert. ef. 5-29-15
125-030-0031
Quorum
A majority of the members of the Charitable
Fund Drive Committee constitutes a quorum for the transaction of business.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043
& 292.045
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08; Renumbered from 121-030-0030
by DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-030-0041
Participation Requirements for Charitable
Organizations
(1) To participate in the Annual Charitable
Fund Drive, each organization claiming to be a charitable organization must participate
as a member of an eligible fund or federation and must satisfy each of the following
requirements:
(a) The organization must
meet the definition of "charitable organization" in OAR 125-030-0010;
(b) The organization must
have a “local presence” as defined in OAR 125-030-0010;
(c) The organization must
have an Internal Revenue Service determination letter or advance ruling indicating
that it is an exempt organization under Internal Revenue Code Section 501(c)(3),
if applicable; and;
(d) The organization must
comply with the relevant provisions of ORS 128.610 to 128.995 concerning registration
with and reporting to the Attorney General, if required.
(2) Any organization claiming
to be a charitable organization must provide the following information to the fund(s)
or federation(s) for submission to the Committee upon request:
(a) Evidence that the organization
meets the definition of “charitable organization” in OAR 125-030-0010,
including a copy of the Internal Revenue Service determination letter indicating
that the charitable organization is an exempt organization under Internal Revenue
Code Section 501(c)(3), if applicable;
(b) Evidence of the organization’s
local presence as defined in OAR 125-030-0010;
(c) Evidence that the organization
has complied with the relevant provisions of ORS 128.610 to 128.995, concerning
registration with and reporting to the attorney general, if required, or an explanation
of why the organization has not registered and reported; and
(d) A copy of the charitable
organization's written policy on nondiscrimination regarding race, color, religion,
national origin, disability, age, sex, sexual orientation, or association with any
of these protected classes, and applicable to persons served by it.
(3) Public Accountability
Standards: Each charitable organization shall annually prepare and make a report
available to the fund(s) and federation(s) that represent it. The report shall include
a full description of the organization’s activities, including types of solicitation
for contributions, the names of its chief administrative personnel, and full disclosure
of the source of and use of all contributions. The report shall also disclose the
charitable organization's fund-raising costs and the estimated percentage of money
collected that will be applied to administrative costs and to charitable activities.
The funds and federations shall make this information available to state employees
upon request during the annual solicitation.
(4) A charitable organization
shall be denied participation in the current year’s Annual Charitable Fund
Drive for failure to meet the eligibility requirements set forth in OAR 125-030-0040(1)
through (3). The Committee will notify the fund or federation representing the charitable
organization in writing of the denial of participation.
(5) A charitable organization
shall be removed from participation in the current year’s Annual Charitable
Fund Drive and denied participation in the Annual Charitable Fund Drive for the
following two years, if the charitable organization fails to properly account for,
allocate, or represent financial transactions. The Committee will notify the fund
or federation representing the charitable organization in writing of the charitable
organization’s removal from participation from the current year’s Annual
Charitable Fund Drive and denial of participation in the Annual Charitable Fund
Drive for the following two years within 45 days after the date a quorum of Committee
members determines that a disqualifying event has occurred.
[Publications: Publications referenced are
available from the agency.]
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 184.340,
292.045 & 184.305
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98; BAD 2-2002, f. &
cert. ef. 7-30-02; BAD 1-2003(Temp), f. & cert. ef. 6-11-03 thru 12-8-03; BAD
3-2003, f. & cert. ef. 11-10-03; BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08;
Renumbered from 121-030-0040 by DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12; DAS
3-2015, f. & cert. ef. 5-29-15
125-030-0051
Participation Requirements for Funds
and Federations
(1) To participate in the Annual Charitable
Fund Drive, each fund or federation must satisfy each of the following requirements:
(a) The organization must
meet the definition of “charitable organization” in OAR 125-030-0010;
(b) The organization must
meet the definition of a “fund” or “federation” in OAR 125-030-0010;
(c) The organization must
have a “local presence” as defined in OAR 125-030-0010;
(d) The organization must
have an Internal Revenue Service determination letter or advance ruling indicating
that it is an exempt organization under Internal Revenue Code Section 501(c)(3),
if applicable;
(e) The organization must
comply with the relevant provisions of ORS 128.610 to 128.995 concerning registration
with and reporting to the Attorney General, if required;
(2) Any organization claiming
to be a fund or federation must submit the following information to the Committee
upon request:
(a) Evidence that the fund
or federation meets the definition of “charitable organization” in OAR
125-030-0010, including a copy of the Internal Revenue Service determination letter
indicating that the fund or federation is an exempt organization under Internal
Revenue Code Section 501(c)(3), if applicable;
(b) Evidence that the fund
or federation meets the definition of a “fund” or “federation”
in OAR 125-030-0010;
(c) Evidence of the fund’s
or federation’s local presence as defined in OAR 125-030-0010;
(d) Evidence that the fund
or federation has complied with the relevant provisions of ORS 128.610 to 128.995,
concerning registration with and reporting to the Attorney General, if required,
or an explanation of why the organization has not registered and reported; and
(e) A copy of the organization’s
written policy on nondiscrimination regarding race, color, religion, national origin,
disability, age, sex, sexual orientation, or association with any of these protected
classes, and applicable to persons served by it.
(3) Public Accountability
Standards: Each fund or federation shall annually prepare and submit to the Committee,
as part of the application, a report that includes a full description of its activities,
including types of solicitation for contributions, the names of its chief administrative
personnel, and full disclosure of the source of and use of all contributions. The
report shall also disclose the fund-raising costs and the estimated percentage of
money collected that will be applied to administrative costs and to charitable activities.
The funds and federations shall make this information available to state employees
upon request during the annual solicitation.
(4) Each fund or federation
that participates in the Annual Charitable Fund Drive, shall support and participate
in the events and activities associated with the fund drive.
(5) Each fund or federation
must submit an application to the Charitable Fund Drive Committee in the form prescribed
by the Committee and by the date established by the Committee. At a minimum, the
funds and federations shall be asked to provide the information required by OAR
125-030-0050(1) through (3) and to affirm their intention to participate as required
by 125-030-0050(4). The Committee may request additional information or clarification
of the information submitted with an application.
(6) Once a fund or federation
has been accepted for participation in the Annual Charitable Fund Drive, the Committee
may exercise discretion and accept previous application information in determining
eligibility for participation in subsequent Annual Charitable Fund Drives. The Committee
will notify the fund or federation in writing if it elects to exercise such discretion.
(7) A fund or federation
shall be denied participation in the current year’s Annual Charitable Fund
Drive for:
(a) Failure to meet the eligibility
requirements set forth in OAR 125-030-0050(1) through (4); or
(b) Failure to apply or renew
the application to participate in the Annual Charitable Fund Drive by the deadline
set by the Committee.
(8) A fund or federation
shall be notified in writing of acceptance for or denial of participation in the
current year’s Annual Charitable Fund Drive within 45 days after the application
deadline.
(9) A fund or federation
shall be removed from participation in the current year’s Annual Charitable
Fund Drive and denied participation in the Annual Charitable Fund Drive for the
following two years if the fund or federation fails:
(a) To properly account for,
allocate, or represent financial transactions; or
(b) To pay the fund’s
or federation’s allocated share of the costs of the fund drive.
(10) A fund or federation
shall be notified in writing of its removal from participation from the current
year’s Annual Charitable Fund Drive and denial of participation in the Annual
Charitable Fund Drive for the following two years within 45 days after the date
a quorum of Committee members determines that a disqualifying event has occurred.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043
& 292.045
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; BAD 2-1998, f. 12-17-98, cert. ef. 12-24-98; BAD 1-2008, f. 9-16-08,
cert. ef. 9-19-08; Renumbered from 121-030-0050 by DAS 2-2012, f. 11-20-12, cert.
ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-030-0061
Charitable Fund Drive Management
Organization
(1) The Charitable Fund Drive Committee
will select a person or organization as the Charitable Fund Drive Management Organization
through an open competitive process.
(2) The selection process
will consider cost, experience, and ability to conduct a statewide fund drive.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043
& 292.045
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; ASD 1-1994(Temp), f. & cert. ef. 4-14-94; DAS 2-1995(Temp),
f. & cert. ef. 5-19-95; BAD 1-2002(Temp), f. 1-31-02, cert. ef. 2-1-02 thru
7-30-02; BAD 2-2002, f. & cert. ef. 7-30-02; BAD 1-2008, f. 9-16-08, cert. ef.
9-19-08; Renumbered from 121-030-0060 by DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12;
DAS 3-2015, f. & cert. ef. 5-29-15
125-030-0071
Charitable Fund Drive Costs
(1) It is the responsibility of the
Charitable Fund Drive Committee to allocate the costs of the fund drive to each
participating fund and federation. The Charitable Fund Drive Committee will consider
such factors as the contributions received by each fund and federation, the exposure
of each fund and federation to the employee base, and fixed costs.
(2) Participating funds and
federations shall sign a memorandum of agreement with the Charitable Fund Drive
Committee and the Charitable Fund Drive Management Organization to develop a cooperative
fund drive and pay all costs of the fund drive. Such costs include, but are not
limited to, costs incurred for the overall management and coordination of the Annual
Charitable Fund Drive; design and printing of brochures and payroll deduction forms;
training provided to employee volunteers; promotional events; and any other expenditure
deemed necessary and approved by the Charitable Fund Drive Committee.
(3) The Charitable Fund Drive
Committee is committed to keeping administrative costs reasonable. Charitable Fund
Drive costs are ideally held to less than 10% of total donations per campaign; because
donations are not known at the time the campaign budget is set and because donation
levels fluctuate, the total campaign budget shall not exceed 12% of the prior year’s
total donations.
(4) Interest accrued on employee
and retiree donations may be used by the Charitable Fund Drive Committee to offset
fund drive costs, including bank transaction fees.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043
& 292.045
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08; Renumbered from 121-030-0070
by DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-030-0083
Appeals
(1) Funds and federations may appeal:
(a) Denial of participation;
(b) Removal from participation;
and
(c) Actions of the Charitable
Fund Drive Committee with respect to the Committee's policies and procedures.
(2) Any appeal by a fund
or federation must be in writing and received by the Charitable Fund Drive Committee
within ten business days of the mailing of the written notice of denial, removal,
or Committee action. The appeal must specify the particular action that is being
appealed and why.
(3) The Charitable Fund Drive
Committee has 45 days from the date of the appeal letter to respond.
(4) A fund or federation
that is not satisfied with the response of the Committee may appeal in writing to
the Director within ten business days of the date on which the Committee mailed
its response.
(5) The decision of the Director
shall be final.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043
& 292.045
Hist.: ASD 1-1993, f. 12-29-93,
cert. ef. 1-1-94; BAD 1-2008, f. 9-16-08, cert. ef. 9-19-08; Renumbered from 121-030-0080
by DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15
125-030-0090
Designation of Direct Recipients
Funds and federations shall allow state
employees and retirees to designate any affiliated charitable organization eligible
to participate in the Annual Charitable Fund Drive as the direct recipient of an
employee’s or retiree’s contribution.
Stat. Auth.: ORS 184.340, 292.045 &
184.305
Stats. Implemented: ORS 292.043
& 292.045
Hist.: BAD 1-2008, f. 9-16-08,
cert. ef. 9-19-08; Renumbered from 121-030-0090 by DAS 2-2012, f. 11-20-12, cert.
ef. 12-1-12; DAS 3-2015, f. & cert. ef. 5-29-15



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