|Mass Register:||No. 976|
|Revoking and Superseding:||Executive Order 404|
WHEREAS, Employees of the Commonwealth share the same feelings of civic responsibility as their nongovernmental neighbors, and deserve the same opportunity to discharge that responsibility through a convenient and responsible system to support private nonprofit social, health and welfare organizations; and
WHEREAS, the Commonwealth of Massachusetts has an interest in assisting its employees in their charitable giving through the establishment of a single state employee campaign which minimizes the disruption of the workplace and expenditure of state time and resources, and maximizes contributions to these organizations; and
NOW, THEREFORE, I, MITT ROMNEY, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me as Supreme Executive Magistrate, Part 2, c.2, s.I, Art.I, do hereby revoke Executive Order No. 404, and order as follows:
ARTICLE I. RESOLUTION
Deductions from payroll schedules of state employees may be distributed to nonprofit social, health and welfare organizations that meet the criteria and follow the participation process set forth in this Order.
ARTICLE II. PLACEMENT
The payroll deduction campaign shall be conducted under the authority of the Secretary of Administration and Finance. Under the direction of the Secretary of Administration and Finance and the State Treasurer, the Local Campaign Manager, selected by the process established by the Secretary of Administration and Finance, or his designee, pursuant to the Article IV, shall provide and administer the central receipt and accounting function for all cash and payroll deduction pledges. One check shall be sent by the Treasurer's office each pay period, in the gross amount of deductions on the basis of current authorizations, to the Local Campaign Manager. The Local Campaign Manager shall be responsible for the distribution of all cash and payroll deduction amounts, less administrative costs (see Article VI), quarterly and on a fixed schedule to the participating organizations or the federated agencies participant organizations have designated to represent them. Contributions and pledges obtained during a period of organized solicitation in the fall of each year shall be for disbursement during the ensuing calendar year.
ARTICLE III. PARTICIPATION
The following criteria shall be used to determine whether any individual organization or united fund, community chest or federated agency is eligible for participation in the campaign and to receive funds contributed by state employees in the communities it serves:
1. A demonstrated ability and willingness to present in writing, individually or by joint submission through a united fund or community chest or federated agency, sufficient organizational, financial and programmatic information with which to evaluate the criteria listed in Sections (2) through (9) below. In order to be considered a united fund, community chest or federated agency, an entity must have no fewer than ten eligible participant organizations as members.
2. Registration to solicit funds in the Commonwealth of Massachusetts as a private nonprofit organization and annual reporting to the Office of the Attorney General, unless the organization is exempt from such filing requirements.
3. Status as a 501(c)(3) tax-exempt entity pursuant to the Internal Revenue Code and applicable laws of the Commonwealth.
4. Adoption of standard accounting and financial reporting systems commonly used by voluntary, nonprofit health and welfare organizations, and preparation of an annual financial report. Agencies with gross revenues under $100,000 shall file a financial statement (income, expense and balance sheet). Agencies with gross revenues between $100,000 and $250,000 shall file a financial statement accompanied by a Certified Public Accountant or public accountant Review Report. Agencies with gross revenues in excess of $250,000 shall file an audited financial statement, with an Independent Auditor's Report. Organizations which complete the Uniform Financial Report ("UFR") and Independent Auditor's Report may submit a copy of the UFR in lieu of an audit.
5. A demonstrated ability to limit administrative and fund raising expenses.
6. Direction by a volunteer Board of Directors, which meets regularly, the majority of whose members serve without compensation.
7. A stated policy of nondiscrimination in compliance with all requirements of law and regulations with respect to employment, volunteer participation and the provision of services.
8. the provision of programs or services directed towards service, research, special education, advocacy or advancement of the following common human needs within a community, including, without limitation, the following:
- health and human services;
- civil and human rights;
- social adjustment, counseling, rehabilitation, and job training;
- neighborhood and community organizing;
- housing, shelter and emergency relief;
- day care, foster care, protective care, adoption services and shelter for children, adults and families;
- protection or preservation of the environment as it relates to health and well-being of members of the community; or
- a combination of programs or services specifically designed to meet the needs of children and youth, the ill and infirm, the disabled, the elderly, the poor, minorities and women.
9. The programs and services of the organization provide specific assistance to the employees or the families of employees within the solicitation area. The organization operates primarily in the local campaign community or provides services and programs judged by the Local Employees Campaign Committee to be significant and substantial which:
a. are located in the local campaign community; or
b. directly benefit residents of the local campaign community even if delivered elsewhere, provided that the charitable nature of the services or programs is clear; or
c. impacts the local campaign community in such a way that its importance to the health and/or well- being of employees and/or their families within the solicitation area is clear.
10. Notwithstanding the above process and eligibility requirements, the Secretary of Administration and Finance or his designee may suspend indefinitely the review and acceptance of new applicants.
ARTICLE IV. CAMPAIGN PROCEDURES
The Secretary of Administration and Finance or his designee shall be responsible for organizing and administering the campaign, including, without limitation, developing appropriate procedures for the campaign.
The Secretary of Administration and Finance or the Secretary's designee shall select a Local Campaign Manager to conduct and manage the annual COMECC in each area. The Secretary or the Secretary's designee shall select whichever applicant organization or other agency he or she assesses will most effectively and fairly provide the campaign services and administrative support necessary for a successful campaign.
The Local Campaign Manager shall manage the campaign fairly and equitably; conduct organization operations and accounting separately from other volunteer agency operations; consider advice from, seek input from and be responsive to reasonable requests for information from other participants and state employees; and be subject to the ultimate oversight authority of the Secretary. The Secretary of Administration and Finance or the Secretary's designee may select a Statewide Campaign Manager and prescribe reasonable duties for overall management of the campaign.
ARTICLE V. DISTRIBUTION OF UNDESIGNATED DOLLARS
All undesignated funds shall be distributed to all of the organizations participating in the COMECC campaign in the same proportion that they received designations in the campaign.
ARTICLE VI. COSTS, UNCOLLECTABLES AND INTEREST
Campaign costs, uncollectables and interest shall be apportioned to participants in direct proportion to their receipts. Costs, uncollectables and interest itemization shall be part of each Local Campaign Manager's report to the Secretary of Administration and Finance, the Treasurer, the Comptroller and the participant organizations or their designated representative federation following the campaign.
ARTICLE VII. SUMMARY
The Secretary of Administration and Finance shall retain final authority over adherence to this Order and all decisions not expressly left to other parties herein.
Given at the Executive Chamber in Boston this 6th day of June in the year our Lord two thousand three, and of the Independence of the United States of America two hundred and twenty seven.
MITT ROMNEY, GOVERNOR
Commonwealth of Massachusetts
SECRETARY OF THE COMMONWEALTH
WILLIAM FRANCIS GALVIN