9 CRR-NY 335.7NY-CRR
9 CRR-NY 335.7
9 CRR-NY 335.7
335.7 Federated community campaign manager, eligibility provisions, functions and duties.
(a) To be eligible as a federated community campaign manager, a charitable organization shall comply with all qualifications for SEFA participants specified in section 335.6 of this Part;
(b) The proposal or application by a charitable organization to act as a federated community campaign may be submitted in response to a request for application (RFA) issued by the commissioner and must include:
(1) the legal name and official office address of the organization and any other name it uses to solicit contributions;
(2) the names, titles and addresses of all of its directors or principals and executive officers in the campaign area;
(3) a concise description of the organization's structure, origin and history of charitable activities in the campaign area and a vendor responsibility questionnaire for not-for-profits;
(4) a summary of its experience in conducting fundraising campaigns, including detailed information regarding the fundraising methods used, the amounts raised, the administrative and other costs incurred and remaining amounts actually used for program services or provided to other charitable organizations;
(5) a statement of its plan for performing or supporting SEFA campaign services within the campaign area over the next three-year period, with a particular description of projected benefits to the People of New York State;
(6) a statement of costs in the form described in the RFA;
(7) a copy of its charter, certificate of incorporation or other organizational document, and a copy of its bylaws;
(8) a description of its plan for advising charitable organizations in the campaign area of the SEFA eligibility criteria and application process;
(9) financial statements for its two immediately preceding years of operation. Financial statements must be prepared in accordance with generally accepted accounting principles, including compliance with all pronouncements of the Financial Accounting Standards Board and the American Institute of Certified Public Accountants that establish principles relevant to charitable organizations, with certification by an independent certified public accountant that the report was prepared in conformity with such standards;
(10) confirmation that it is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code and registered with the Department of Law or exempt from such registration; and
(11) such additional information and documentation as may be requested by the commissioner.
(c) A federated community campaign shall:
(1) manage the campaign fairly and equitably, conduct its own organization's operations separately from the operations conducted on behalf of SEFA participants, consult with other participants, and be subject to the decisions and supervision of the local SEFA committee;
(2) call the first local SEFA committee meeting of each year for the campaign area it is responsible for;
(3) assist the local SEFA committee in fulfilling its responsibilities as described in these regulations, including, at a minimum, conducting the review of applications for participation in SEFA, drafting campaign materials, training State employee campaign volunteers, and maintaining the records of the committee's decisions on distributions of designated as well as undesignated funds.
(4) prepare annual budgets based on a calendar year and the fund accounting period for a campaign, for approval by the local SEFA committee. The budgets will provide for estimated opening cash balances, receipts, shrinkage, expenses, distributions and approximate timing of distributions;
(5) prepare the financial report of the campaign. The financial report must include a calendar year reconciliation of opening balances, receipts, income, expenses, distributions to participants, and ending balances. The financial report is to be filed with the federated community campaign's annual filing required under article 7-A of the Executive Law;
(6) determine the proper designation of contributions. In the event it receives a pledge card that is not legible, the employee's intent must, in some reasonable manner, be confirmed. If the employee's intent cannot reasonably be confirmed, the pledge card is to be returned to the employee with a notice that it is not legible or otherwise in error. A request shall be made that the pledge card be clarified and notice shall be given that the statute allows the employee to withdraw the pledge. If the designations are more or less than the total, each designation is to be proportionately adjusted by the FCCM;
(7) act as the recipient in the first instance of all contributions within a campaign area, including contributions made directly by check and those made by payroll deductions. The federated community campaign shall act as a fiduciary with respect to its receipt and timely distribution of contributions;
(8) prepare a plan for performing or supporting charitable services within the campaign over the next campaign term;
(9) respond in a timely and appropriate manner to reasonable inquiries from participating organizations;
(10) maintain SEFA records and interest bearing bank accounts separate from the federated community campaign's internal organizational records and bank accounts. Interest earned on all SEFA accounts must be distributed in the same manner as undesignated funds pursuant to section 335.10 of this Part.
(d) A FCCM may not make any use of an employee's name, address, contribution amount, or any other employee data it acquires except as specifically authorized on the employee's pledge card. The federated community campaign is to comply with the personal privacy protection provisions of the Public Officers Law, article 6-A.
(e) The FCCM may only recover campaign expenses from receipts collected from that campaign area. Expenses incurred preparing for and conducting a campaign cannot be recovered from receipts collected from the previous year’s campaign. The federated community campaign may absorb the costs associated with conducting the campaign from its own funds and be reimbursed, or obtain a commercial loan, to pay for costs associated with conducting the campaign. If the commercial loan option is used, the amount of a reasonable rate of interest is an allowable campaign expense. Capital expenditures that relate to more than one campaign, such as startup costs, may be amortized or depreciated and expensed over their useful life, or, if shorter, over the number of remaining campaigns that the federated community campaign has been approved to conduct by the commissioner.
(f) The federated community campaign shall recover its campaign expenses from the receipts of its campaign, subject to the approval of the local SEFA committee, reflecting the actual costs of administering the local campaign. The local SEFA committee shall not, absent good cause documented in a written record, approve expenses that in total exceed the total budget approved in accordance with section 335.3(b) of this Part.
9 CRR-NY 335.7
Current through September 15, 2021
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