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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.
__________________________________________________________________
Approved
as to form and legality:
________________________________
Assistant
City Attorney