CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to an employee giving program for City employees; retitling Chapter 3.124, amending Sections 3.124.010, 3.124.020, and 3.124.040, and repealing Sections 3.124.030 and 3.124.050 of the Seattle Municipal Code.
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WHEREAS, since 1988, The City of Seattle (“City”) has provided its employees the ability to contribute to 501(c)(3) organizations by payroll deduction and has supported annual giving campaigns; and
WHEREAS, in 2018, 10 percent of City employees donated approximately $644,000 to 697 nonprofit organizations; and
WHEREAS, the 2018 adopted budget reduced the staffing that supported the charitable giving program by abrogating one FTE and committed to transferring the administration and management of the program to a structured organization that specializes in charitable giving; and
WHEREAS, the Seattle Department of Human Resources no longer has the capacity to continue administering the payroll deduction portion of the charitable giving program, which is not a core service of the department; and
WHEREAS, the City wishes to continue to support an annual giving campaign in which employees independently make contributions to nonprofits and charitable causes; and
WHEREAS, Chapter 3.124 of the Seattle Municipal Code contains outdated language and obsolete references that need to be corrected; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Chapter 3.124 of the Seattle Municipal Code, last amended by Ordinance 124567, is amended as follows:
CHAPTER 3.124 ((SOLICITATIONS FOR CHARITABLE CONTRIBUTIONS FROM CITY EMPLOYEES)) CITY OF SEATTLE EMPLOYEE GIVING PROGRAM
3.124.010 Purpose ((.))
((Currently, a single charitable organization is authorized to conduct a campaign for solicitations from City employees for contributions which are making payroll deduction contributions to other social service organizations through procedures developed by the Comptroller. Charitable organizations currently not permitted to participate in the annual campaign for contributions from City employees desire to be permitted to participate in a campaign for such contributions. This chapter is intended to establish a means consistent with RCW 41.04.035, 41.04.036, 49.52.050 and 49.52.060 whereby uniform procedures will be established for the efficient administration of two (2) annual campaigns for charitable contributions from City employees which may be made through payroll deductions.)) The City seeks to provide support to employees who wish to make charitable contributions to qualified non-profit organizations. This ((chapter)) Chapter 3.124 shall be liberally construed to accomplish this purpose.
3.124.020 Definitions ((.))
((A.)) “Campaign” means the solicitation of contributions from City employees by ((representatives of federations of charitable organizations and of charitable organization funds)) designated campaign administrators through oral presentations, printed materials, audio/video media, or other similar means ((which)) that occurs on City property during normal City business hours.
“Designated campaign administrator” means a qualified nonprofit third party administrator and/or a program overseen by the Seattle Department of Human Resources and implemented by City departments for the purpose of supporting an employee charitable giving program.
((B. “Charitable organization”)) “Qualified nonprofit organization” means an organization ((to which tax deductible charitable contributions may be made pursuant to Section 170(c) of the Internal Revenue Code and which meets the additional criteria established in rules adopted pursuant to this chapter.)) registered as a 501(c)(3) organization with the Internal Revenue Service.
((C. “Charitable organization fund” means an organization to which tax deductible charitable contributions may be made pursuant to Section 170(c) of the Internal Revenue Code, which solicits and distributes charitable contributions on behalf of other charitable organizations and which collects Five Hundred Dollars ($500.00) or more in aggregate contributions, or receives contributions from at least one hundred (100) City employees each year.
D. “Federation of charitable organizations” means a group to which tax deductible contributions may be made pursuant to Section 170(c) of the Internal Revenue Code, which consists of five (5) or more charitable organizations organized to solicit and distribute contributions on behalf of its member charitable organizations and which collects Five Hundred Dollars ($500.00) or more in aggregate contributions, or receives contributions from at least one hundred (100) City employees each year.
3.124.030 Employee committee.
A. A committee of nine (9) City employees shall be appointed to a City Employee Charitable Campaign Committee. Four (4) City employees shall be appointed to the Committee by the Mayor and five (5) shall be appointed by the City Council. The term of Committee members shall be three (3) years.
B. The City Employee Charitable Campaign Committee shall include two subcommittees. One subcommittee shall recommend rules consistent with this chapter to the Seattle Human Resources Director regarding eligibility standards for participating in City charitable campaigns and shall determine which federations of charitable organizations and charitable organization funds may, consistent with rules adopted, participate in the City’s charitable campaigns. The second subcommittee shall recommend rules consistent with this chapter to the Seattle Human Resources Director regarding the conduct of City charitable campaigns and shall assist the Seattle Human Resources Director and his or her designee in managing the campaigns.
C. Members of the Employee Committee shall serve voluntarily without additional salary but shall be reimbursed by their employing departments for travel, lodging and meals in accordance with City laws and regulations. Committee members shall be given release time from regular work hours to serve on the committee. Employee members of the Committee shall be paid no additional compensation for working beyond normal working hours.))
3.124.040 Charitable campaign ((.))
A. There shall be, at minimum, one annual campaign by ((federations of charitable organizations and charitable organization funds)) designated campaign administrators each year. ((The campaign shall be conducted as provided in rules adopted pursuant to this chapter.
B. The persons conducting campaigns pursuant to the rules adopted as provided in this chapter may solicit donations from City employees to be made by payroll deductions. The Director of Finance and Administrative Services shall make deductions from City employees’ salary warrants and pay the moneys so collected to the federations of charitable organizations and charitable organization funds designated by City employees when such deductions and payments are authorized by City employees pursuant to rules adopted in accordance with this chapter.
C.)) B. As provided in RCW 41.06.250(1) and ((42.17.130)) 42.17A.555, City property, equipment, or City employees’ working time may not be used during a campaign for partisan political purposes, to assist in an individual’s election to political office, or for the promotion of or opposition to any ballot proposition.
((D.)) C. City employees’ participation in charitable campaigns shall be strictly voluntary. No City employee shall be coerced to participate in any campaign presentation or coerced to make any donation to a charitable organization. No City employee shall be penalized for failing to participate in a campaign or for failing to make a donation to a charitable organization.
((E. The City’s annual charitable campaign shall be administered by the Seattle Human Resources Director who, in consultation with the employee committee, shall determine whether the campaign shall be coordinated and managed by a City employee or an independent nonprofit organization. If the campaign is coordinated and managed by a City employee, the Seattle Human Resources Director shall evaluate the duties of the position and determine the appropriate job classification and salary level. If the campaign is coordinated and managed by an independent nonprofit organization, the Seattle Human Resources Director, in consultation with the employee committee, shall establish criteria to assure that such services are provided by an organization with demonstrated expertise, in an efficient and cost-effective manner, with the policy review and approval of the employee committee. The Seattle Human Resources Director shall assure that interested members of the City Council have an opportunity to review the criteria before any request for proposals is issued to select an independent organization to manage the campaign. The Seattle Human Resources Director is authorized to hire an employee in the classification and at the salary level determined by the Seattle Department of Human Resources or contract with a nonprofit organization in accord with criteria established in consultation with the employee committee to coordinate and manage the City campaign;
F. The salary and benefits paid to the employee coordinator or the fees paid for contracted services and the printing, duplicating and data processing costs incurred by the Seattle Department of Human Resources in conducting the campaign shall be reimbursed from moneys donated by City employees to charitable organization funds and federations through the campaign.
3.124.050 Seattle Human Resources Director to adopt rules
The Seattle Human Resources Director shall adopt rules pursuant to Chapter 3.02 which shall govern campaigns and shall specify the procedure by which City employees may authorize payroll deductions from City employees’ salary warrants to make donations to federations of charitable organizations and to charitable organization funds.))
Section 2. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2019, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2019.
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President ____________ of the City Council
Approved by me this ________ day of _________________________, 2019.
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Jenny A. Durkan, Mayor
Filed by me this ________ day of _________________________, 2019.
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Monica Martinez Simmons, City Clerk
(Seal)