COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 981087

Amending Chapter 2, Code of General Ordinances, enacting a new Section 2-1060, the Citys combined charities campaign policy.

WHEREAS, the City encourages its employees to make charitable contributions and to aid in this it provides payroll deductions and allows employee participation in an annual charitable campaign; and

WHEREAS, the City would like to open the annual campaign to various charitable federations or funds; and

WHEREAS, because of potential administrative costs and computer capacity concerns, the City wishes to select one federation or fund to administer this campaign;

WHEREAS, because City employees generous giving to health and human service charities that serve Kansas City residents relieves some of the Citys burden to provide for its poorest citizens, the City would like to continue the campaigns emphasis on health and human service charities that provide substantial local benefits; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 2 of the Code of General Ordinances, is amended by enacting a new Division 4 in Article VII, and new Section 2-1060, which will be the Citys policy governing the annual campaign of solicitation of City employees for charitable contributions, to read as follows:

Division 4. Charitable Solicitation of Employees.

Section 2-1060. Combined Charities Campaign Policy.

(a) Generally. The City will hold an annual Combined Charities Campaign during which eligible charitable federations or funds will be allowed to solicit City employees for contributions. Employees will be allowed to make direct contributions, or to pledge contributions to be deducted from employee paychecks.

(b) Eligibility. To be eligible to participate in the Kansas City, Missouri Combined Charities Campaign as a federation or fund, a charitable organization must be an umbrella organization, it must fund at least ten member organizations and must not provide more than 10% of its revenues to any one charity, it must provide substantial services in the Kansas City metropolitan area, and the federation/fund and all of its member organizations must meet the following additional criteria.

1. The organization must be organized and registered for charitable purposes under all applicable Missouri State statutes.

2. The organization must be exempt from taxation under Section 501(c)(3) or Section 170(c)(1) or (2) of the Internal Revenue Code and must have held that exempt status for a period of not less than two years prior to the campaign.

3. The organization and its affiliated agencies shall have written policies of non-discrimination and shall comply with all laws and regulations regarding non-discrimination and equal opportunity with respect to clients, officers, employees, and volunteers.

4. The organization must not be a private foundation nor be organized solely to participate in this campaign.

5. The organization must be governed by a volunteer board of directors serving without compensation.

6. The organization must not contribute funds collected from the Kansas City, Missouri Combined Charities Campaign to any political advocacy group.

7. The organization must ensure that its promotional activities and printed materials are based upon actual program operations and are truthful, non-deceptive, and include all material facts relative to its cause.

8. The organization must ensure that its publicity and promotional activities protect against unauthorized use of its contributor lists.

9. The organization must provide its most recent IRS Form 990. If total funds raised in the preceding year equal or exceed $100,000.00., the organization must also provide its most recent financial audit by an independent certified public accountant

The CEO or director of the organization applying to participate as a federation or fund must certify that the federation/fund and its member organizations meet the applicable criteria. The federation/funds administrative fund raising expenses shall not exceed 25% of total support and revenue, unless a reasonable explanation is given and a plan for reducing the percentage to less than 25% over three years is included with the organizations application to participate in the campaign.

(c) Administration. Periodically the City will seek proposals from qualified federations/funds and the federation/fund that submits the best proposal will be chosen to administer the campaign for a set period. Factors to be used to determine the best proposal shall include experience of the federation/fund in administering campaigns, the proposed administrative cost percentages, the federation/funds ability to distribute contributions including continuing payroll deductions, the federation/funds experience with health and human service charities, and the federation/funds presence in and familiarity with the needs of the Kansas City community. The proposals must provide for the following services:

1. The federation/fund must prepare and distribute a donor choice card which allows employees to choose for donation any qualified federation/fund or any of its member agencies. Each employee will be required to designate either a federation/fund or one of its member organizations to receive that employees contributions.

2. The federation/fund will receive all contributions from the City and will distribute the funds to the designated agency.

3. The federation/fund may withhold a percentage of the contributions to charities that are not members of its umbrella group for its administrative costs in distributing contributions to those charities, or for other administrative costs that are directly related to the participation in the campaign of these non-member charities. The federation/fund may withhold a percentage of the contributions distributed to its member charities in accordance with its agreements with those charities. The administrative costs that justify the percentage proposed to be withheld must be detailed in the proposal.

4. The federation/fund will not be required to solicit contributions on behalf of charities that are not members of its umbrella group, but the federation/fund must allow equal opportunity for other qualified federations/funds to participate in any rallies or other presentations for City employees.

5. The federation/fund must show that it is governed by Kansas City metropolitan area citizens and has substantial procedures to ensure its credibility with City employees.

(d) The City Manager or his or her designee will solicit proposals and select the federation/fund that will administer the campaign. The City Manager may promulgate rules and regulations necessary to the effective administration of the campaign.

(e) This ordinance will apply to charitable campaigns conducted after December 31, 1999.

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Approved as to form and legality:

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Assistant City Attorney