9 CRR-NY 335.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE G. OFFICE OF GENERAL SERVICES
CHAPTER VI. MISCELLANEOUS
SUBCHAPTER A. GENERAL RULES
PART 335. CHARITABLE CONTRIBUTIONS THROUGH STATE EMPLOYEES FEDERATED APPEALS
9 CRR-NY 335.2
9 CRR-NY 335.2
335.2 Definitions.
(a) Affiliated organization.
A charitable organization that receives or has received funds from a federation of charitable organizations.
(b) Assessment.
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.
(c) Bargaining unit representatives.
Public employees of the State and members of collective negotiating units as defined by the Taylor Law (Civil Service Law, article 14).
(d) Campaign.
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.
(e) Campaign area.
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.
(f) Charitable organization.
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.
(g) Commissioner.
The Commissioner of General Services.
(h) Comptroller.
The Comptroller of the State of New York.
(i) Continuous giving.
Pursuant to State Finance Law section 201, the payroll authorization will remain effective until withdrawn by the employee as described in section 335.11(e) of this Part.
(j) Employee participant.
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.
(k) Exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code means that the income of the charitable organization is exempt from taxation and that contributions to the charitable organization are tax deductible by the donors.
(l) Federated community campaign manager (FCCM).
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.
(m) Federation of charitable organizations.
A charitable organization that solicits and distributes contributions to 15 or more charitable organizations in connection with SEFA.
(n) Health, welfare and recreation are to be given their common meanings, including environmental advocacy and other purposes that are beneficial to the public interests, and reasonably interpreted in favor of eligibility and not exclusion.
(o) Local organization.
An organization that provides its program spending of at least $1,000 in a campaign area.
(p) Local SEFA committee.
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.
(q) Management representatives.
Representatives of the State who are designated as management or management/confidential as defined by the Taylor Law (Civil Service Law, article 14).
(r) Participant.
A charitable organization that meets the eligibility and qualification criteria of this Part to participate in a campaign.
(s) Program service expenses, management and general expenses, fundraising expenses, and total revenue are terms set out in the IRS Forms 990 and instructions.
(t) Solicitation 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.
(u) Statewide campaign manager.
A charitable organization chosen by the statewide SEFA council to support the annual solicitation campaign, the statewide SEFA council, and the statewide SEFA cabinet.
(v) Statewide organization.
An organization that provides its program spending of at least $62,000 in more than one campaign area.
(w) Statewide SEFA cabinet.
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.
(x) Statewide SEFA council.
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.
(y) Statute.
Section 201 of the State Finance Law.
(z) Time measures:
(1) campaign term means the months of September, October, November, and December, used for the actual solicitation of employee donations;
(2) calendar year for a campaign is the calendar year following the prior campaign term;
(3) year of contribution is the year donations are distributed to the federated community campaign;
(4) fiscal year for a campaign is the fiscal year beginning the July 1st after a campaign term and ending June 30th;
(aa) Unaffiliated participant.
A participant that does not belong to a federation of charitable organizations.
(ab) Year round giving.
Contributing to charities anytime throughout the year.
9 CRR-NY 335.2
Current through September 15, 2021
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