Title 9 Part 335

These rules, promulgated pursuant to section 201 of the State Finance Law, provide a uniform, effective and efficient policy for solicitation of charitable contributions via payroll deduction among employees of the State of New York to encourage and facilitate the conduct of such a fundraising campaign and unless authorized by statute to preclude other solicitations of State employees with its adverse effect on the orderly conduct of State business. The Commissioner of General Services will approve one charitable campaign for each county or group of counties, to be known collectively as the State Employees Federated Appeal (SEFA). The commissioner will designate one qualified charitable organization in each such county or group of counties to carry out the campaign and distribute charitable contributions under the direction and guidance of a local SEFA committee of State employees. A statewide SEFA council, composed of representatives of local SEFA committees, will be responsible for deciding appeals from denials by local SEFA committees of eligibility to participate in the campaigns and will assist, in conjunction with the statewide SEFA cabinet, with campaign planning, promotion, recruitment, and training of volunteers.

A charitable organization that receives or has received funds from a federation of charitable organizations.

A mandatory payment from campaign areas used for statewide operations. The assessment is invoiced quarterly by the statewide SEFA council, based on its budget, and its remittance is due within 30 days of the invoice. The assessment is calculated according to regulation, a proportionate percentage of each campaign area’s total of the statewide campaign.

Public employees of the State and members of collective negotiating units as defined by the Taylor Law (Civil Service Law, article 14).

The annual solicitation campaign conducted within a campaign area. To promote efficiency and public accountability, cash contributions are not to be accepted. In the discretion of the commissioner, and subject to the instructions of the commissioner, contributions by check, credit card, and/or debit card may be accepted.

The area composed of the county or group of counties containing the State governmental premises where the federated community campaign manager, under the general direction of the local SEFA committee, conducts an annual solicitation campaign.

An organization that provides health, welfare or recreational services and is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code and is registered with the Attorney General pursuant to article 7-A of the Executive Law or section 8-1.4 of the Estates, Powers and Trusts Law or is exempt from such registration. A federation of charitable organizations is a charitable organization within the meaning of this subdivision if each of its constituent organizations is a charitable organization.

The Commissioner of General Services.

The Comptroller of the State of New York.

Pursuant to State Finance Law section 201, the payroll authorization will remain effective until withdrawn by the employee as described in section 335.11(e) of this Part.

An employee of the State who is a member of a local SEFA committee or statewide SEFA council described in these regulations or participates in an annual solicitation campaign in any capacity described in these regulations, other than as a contributor within the meaning of article 7-A of the Executive Law. The term employee includes all employees of the State and may include retired members of the State within the meaning of Retirement and Social Security Law, section 110-d. Employee participants shall be considered to be participating in a State-sponsored volunteer program.

The charitable organization approved by the commissioner, pursuant to State Finance Law, section 201, to administer the annual solicitation campaign in a campaign area under the direction of the local SEFA committee for that campaign area.

A charitable organization that solicits and distributes contributions to 15 or more charitable organizations in connection with SEFA.

An organization that provides its program spending of at least $1,000 in a campaign area.

A group of State employee participants and representatives of charitable organizations, selected pursuant to section 335.3 of this Part and responsible for making decisions with respect to the SEFA campaign in a campaign area. There shall be one local SEFA committee for each campaign area, and the chair of each local SEFA committee shall be an employee participant.

Representatives of the State who are designated as management or management/confidential as defined by the Taylor Law (Civil Service Law, article 14).

A charitable organization that meets the eligibility and qualification criteria of this Part to participate in a campaign.

The exclusive solicitation of charitable contributions from State employees and distribution of those contributions, authorized pursuant to section 201 of the State Finance Law and this Part, to be conducted on or within the premises of their employment within each campaign area. The solicitation campaign may be conducted continuously in order to obtain voluntary donations for distribution. The term solicitation campaign includes all campaigns.

A charitable organization chosen by the statewide SEFA council to support the annual solicitation campaign, the statewide SEFA council, and the statewide SEFA cabinet.

An organization that provides its program spending of at least $62,000 in more than one campaign area.

The statewide SEFA cabinet shall consist of management and labor co-chairs, management and labor first and second co-vice chairs, other management and labor representatives as selected by the co-chairs, and the State employee participants serving on the statewide SEFA council. The statewide SEFA cabinet is responsible for carrying out the activities described at section 335.5 of this Part.

A group of State employee participants composed of local SEFA committee chairs selected pursuant to section 335.3(a)(4) of this Part, or their designees, two from each of the geographic regions of the State established by the commissioner. The statewide SEFA council is responsible to carry out the activities described in section 335.4 of this Part.

Section 201 of the State Finance Law.

A participant that does not belong to a federation of charitable organizations.

Contributing to charities anytime throughout the year.

The commissioner shall establish up to six geographic regions of the State. The statewide SEFA council shall consist of two representatives from each region who shall be selected by a majority vote of the chairpersons of the local SEFA committees within each region. Selection of the representatives shall be made biennially and recorded with the statewide SEFA council by December 31st of each corresponding year.

Example: contributions in the campaign area = $100,000; total contributions raised by in all campaign areas under this Part = $8,000,000; the pro rata share percentage = $100,000 ÷ $8,000,000.

The use of SEFA by donors implies that donors reasonably believe the federated community campaign is in compliance with these regulations. Contributions designated to the federated community campaign shall be first used to make any past due payment to the statewide SEFA council and must remain restricted and held in trust until the statewide SEFA council is fully paid. Failure to make timely payment is sufficient cause for revocation of the eligibility of the federated community campaign by the statewide SEFA council in accordance with section 335.9 of this Part.

Participants that applied and became eligible to participate in campaigns conducted prior to the effective date of these regulations are eligible to participate in subsequent campaigns subject to the provisions of section 335.9 of this Part. To be eligible as a participant of a federated community campaign or a federation of charitable organizations, an organization must be a charitable organization as defined in section 335.2(e) of this Part, meet and maintain the following qualifying conditions and requirements, and furnish documents evidencing its eligibility under these regulations in the format required by the statewide SEFA council:

A participant that has been removed from participation in a campaign may reapply for admission upon a showing of changed circumstances relevant to the determination of removal and after the expiration of a one-year period from the end of the annual solicitation campaign following the determination of removal.

Actions that do not allow free choice or create the appearance that employees do not have free choice to give or not to give are not permitted in campaigns. These include, but are not limited to:

Federations, FCCMs, local committees, and the statewide SEFA council shall retain documents pertinent to the campaign for at least three completed campaign years; however, any pledge forms, cards or files relating to employee contributions shall be retained by the statewide SEFA council for as long as the employee participant continues participation in the campaign or terminates from State service, and withdrawal forms shall be retained by the statewide SEFA council for three years from the date of withdrawal. Documents requested by the commissioner or the comptroller must be made available within 10 business days of the request. The commissioner, comptroller, and the Attorney General, shall have access to the records.