New York Codes, Rules and Regulations › 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 › Section 335.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Annual
					 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
					 annual solicitation campaign shall be conducted in the four-month period of
					 September through December in order to obtain voluntary donations for the
					 ensuing year of distribution. The term annual solicitation campaign includes
					 all campaigns.
(b) 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).
(c) Campaign. The annual
					 solicitation campaign conducted within a campaign area.
(d) Campaign area. The area comprised of the
					 county or group of counties containing the State governmental premises where
					 the federated community campaign, under the general direction of the local SEFA
					 committee, conducts an annual solicitation campaign.
(e) 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.
(f) Commissioner. The Commissioner of General
					 Services.
(g) Comptroller. The
					 Comptroller of the State of New York.
(h) Constituent organization. A charitable
					 organization that receives or has received funds from a federation of
					 charitable organizations.
(i)
					 Direct public support, indirect public support, management and general,
					 fundraising, total revenue and program services are terms set out in the IRS
					 forms 990, 990EZ and 990PF definitions and instructions described at 13 NYCRR
					 94.2 "Guidelines for annual financial reports of charitable
					 entities."
(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. E mployee 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. 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 purposes that are
					 beneficial to the public interests, and reasonably interpreted in favor of
					 eligibility and not exclusion.
(o)
					 IRS forms 990, 990EZ and 990PF mean the Federal income tax forms described at
					 13 NYCRR Part 94, "Contents of Financial Reports Filed By Charitable
					 Organizations."
(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 a State employee.
(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) Pass-through contribution. A contribution
					 made by an employee participant in one campaign area to a participant in
					 another campaign area.
(t)
					 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.
(u) Statewide SEFA council. A group of State
					 employee participants comprised of local SEFA committee chairs selected
					 pursuant to section
					 335.3(a)(3) of
					 this Part, or their designees, two from each of the geographic regions of the
					 State established by the commissioner. The council is responsible to carry out
					 the activities described in section
					 335.4 of this Part.
(v) Statute. Section 201  of the State Finance
					 Law.
(w) Time measures:
(1) campaign term means the months of
					 September, October, November, and December;
(2) accounting 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.