Drafter
Clerk 02/03/2011
Title
AN ORDINANCE relating to the limitations on fundraising and administrative and overhead costs allowable under the employee giving program annual charitable campaign; and amending Ordinance 16035, Section 5, and K.C.C. 3.36.045.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 16035, Section 5, and K.C.C. 3.36.045 are each hereby amended to read as follows:
A. A federation or charitable organizations may participate in the campaign if the federation or charitable organization submits a timely application for participation to the committee to include, at a minimum, a certification signed by an authorized officer or employee of the federation or charitable organization, which shall contain statements to the effect that:
1. The federation and each organization represented by the federation, or the charitable organization, meets the standards established respectively in K.C.C. 3.36.020 B. and C;
2. For a federation, the federation has express permission of the board of directors of each charitable organization represented by the federation for the use of the organization's name and participation in the campaign;
3. The federation and each organization represented by the federation, or the charitable organization, is registered with the Washington state Secretary of State as provided by RCW 19.09.065 and is in compliance with Washington state laws governing charities to the best of the knowledge of the individual certifying the application; and
4. The federation and each organization represented by the federation, or the charitable organization, except government units, are governed by a voluntary board of directors that serves without compensation for serving on the board;
5.a. The participating organization does not discriminate for or against any individual or group on account of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation, or the presence of any sensory, mental or physical disability in all aspects of the management and the execution of the charitable campaign. An affirmation of a participating organization's adherence to this nondiscrimination policy, or a statement of a legal exemption from the policy, must be included in the organization's application. A federation must affirm in the federation's application the adherence to this policy, or a legal exception from the policy, of each charitable organization the federation represents in the application.
b. Nothing in this subsection A.5. denies eligibility to a federation or charitable organization that is otherwise eligible to participate in the campaign merely because the federation or charitable organization is organized by, on behalf of or to serve persons of a particular race, color, religion, sex, national origin, age or handicap or to a federation or organization exempt from this requirement by federal law. If a federation or charitable organization claims an exemption under this subsection B.2, a statement to that effect must be included with the federation or charitable organization's application and that stated exemption may be noted in campaign materials; and
6. The participating organization expends the moneys received from King County employees through the campaign within twelve months of receipt of the moneys. If a participating organization exceeds ((the twenty-five)) thirty-five percent fundraising and administrative and overhead costs, the organization shall be given one year to ((comply)) reduce those costs and thereafter may be excluded from the campaign until documentation is provided that shows a minimum of ((seventy-five)) sixty-five percent of the moneys received ((have)) has been used for the charitable purposes for which it was solicited. Where questions arise, the committee shall use the most recent Internal Revenue Service Form 990 of the federation or charitable organization for clarification. A federation and each organization represented by the federation, or the charitable organization, shall make available to the employee committee, the council and the county executive copies of its annual report including its most recent financial statement, as well as a disclosure for that period of the total dollar value of support from all sources received on behalf of the charitable purposes of the organization and the total amount of money applied to charitable purposes, fundraising costs and other expenses, upon request.
B. Participating organizations' responses provided under subsection A. of this
section may be noted in campaign materials.
SECTION 2. This ordinance expires January 1, 2012.
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