Each Fall since 1973, the County of Sacramento has conducted an annual charitable fund drive which is presently referred to as the "Sacramento County Employees' Campaign." Each Fall's Campaign depends upon the making of charitable appeals to County employees on County time at their respective work places. It also depends on significant County administrative resources in distributing materials, collecting and accounting for cash contributions, collecting and accounting for pledge cards, and withholding pledge amounts through the payroll system.
The Fall 1992 Campaign raised approximately $341,000 in cash contributions and pledges. It required more than 1750 hours of time on the part of County employees at a cost to the County of at least $40,000 in salaries and benefits. The $40,000 County cost was incurred in administering the 1992 Campaign, and does not include on-the-job time expended by individual employee contributors in reading brochures, deciding upon donations, and filling out and returning pledge cards.
The $40,000 cost to the County also does not include the intangible burden on County taxpayers that resulted from the Fall 1992 Campaign. This burden occurred because existing County staff performed the administrative responsibilities necessary to operate an effective Campaign. Since additional staff was not employed specifically to perform these administrative responsibilities, the employees executing these tasks were not available to undertake their regular County duties. Consequently, these regular duties were not accomplished as efficiently and as cost-effectively as they would have been absent the Fall 1992 Campaign.
The first annual Campaign was in 1973 when United Way began soliciting charitable contributions from County employees. In August, 1980, the Board of Supervisors approved a request from the Combined Health Agencies Drive (now known as Combined Health Appeal of California and hereafter "CHA") to participate in the annual Campaign. In June of 1984, the Environmental Federation of California (now known as Earth Share of California and hereafter "Earth Share") was authorized by the Board of Supervisors to join with United Way and CHA in soliciting charitable contributions from County employees during the annual Campaigns. United Way, CHA, and Earth Share are each umbrella organizations that represent several charitable organizations. During the 1992 Campaign, County employee donations to United Way totaled $224,590, to CHA totaled $48,485, and to Earth Share totaled $46,722. The remaining $21,296 was donated to other charitable organizations by employees specifically designating their chosen recipient charitable organizations on the "Other" column on the donation form.
Recently there have been requests to the County from other charitable organizations to participate directly in the Campaign without the need to join one of the three presently participating umbrella organizations or without the need to rely on specific designations in the "Other" column on the present donation form. To properly respond to these requests, the Board adopted an ordinance that imposed a twelve month freeze on participation of any umbrella organizations other than United Way, CHA, and Earth Share. The purpose of the twelve-month freeze was to provide appropriate County departments adequate and reasonable time to establish a regulatory framework for the admission of charities to County work places.
(SCC 0913 § 2, 1993)
Through the enactment of this chapter, the Board of Supervisors declares that the purposes of this chapter are: (1) to provide for an annual County-sponsored channel through which County employees may give financial support to social service, health, environmental, cultural and recreational programs; (2) to minimize the costs that County taxpayers bear as a result of each Campaign; (3) to assure that the Authorized Charities are well-established so as to be stable organizations which have had a reasonable time to minimize their administrative costs; and (4) to promote disclosure of the finances of the Authorized Charities in an effort to ensure that individual employee donors are able to make informed judgments.
The primary purpose of this chapter is to establish a Campaign framework that provides County employees with an annual County-financed opportunity to donate to nonprofit charitable organizations which work unselfishly for the betterment of humankind. This purpose has become increasingly important in the present difficult financial times which have forced the Board to drastically reduce or eliminate County financial assistance to social service, health, environmental, cultural and recreational programs providing services within Sacramento County. As a result, charitable organizations represent a principal hope for those in need of these programs. County employees have shown through their generous donations in past fund drives that they are a caring and willing source of financial support to charitable organizations.
Another purpose of this chapter is to minimize the County's costs resulting from each Campaign. One means of accomplishing this purpose is to limit the participating charities to Umbrella Organizations. Another means is to require the participating Umbrella Organizations to share the cost of designing and printing the combined brochures, payroll deduction forms and other materials as well as share the cost of individual recognition items such as certificates and thank you plaques. Through the adoption of this chapter, the Board finds that limiting participation in each Campaign to Umbrella Organizations which each represent a minimum of fifteen affiliated charities and which will share certain specified Campaign costs affords County employees an adequate choice of charities to which to contribute while minimizing the County's Campaign costs.
A third purpose of this chapter is to limit participation in each Campaign to Umbrella Organizations which have been in existence for at least three full years prior to the year in which they seek to participate in the Campaign. This three-year existence requirement assures the County employees that those Umbrella Organizations participating in a Campaign have a sense of permanence and have likely achieved a level of stability in minimizing their administrative costs. Information gathered from charities has indicated that it takes a beginning umbrella organization approximately three years from its inception until it can reduce its administrative costs to a level where the greater share of contributions received are used for charitable purposes and not for administrative expenses or startup costs.
The final purpose of this chapter is to promote disclosure of the finances of the Authorized Charities in order to allow County employees the opportunity to make informed choices. The California Attorney General in his December 1992 Report on charitable solicitation by commercial fundraisers stated that donors want to know what happens to their charitable contributions and tend to believe that their contributions will be used for charitable purposes. However, as the Attorney General explains, a contribution made to a charitable organization may be used largely to pay fundraising costs and administrative expenses. For this reason, this chapter requires each applicant for participation in a Campaign to disclose considerable financial data so that County employees will have an opportunity to learn how their donations will be used.
(SCC 0913 § 2, 1993)
"Campaign"
means an annual drive conducted by Authorized Charities during which charitable donations are solicited in cash or by electronic payment methods including but not limited to credit card payments, and through pledges to be paid through payroll withholding from County employees, within County work places, on County time, with the consent of the County, and with administrative, accounting and clerical support services of County staff.
(SCC 0913 § 2, 1993; SCC 1701 § 1, 2022)
"Umbrella organization"
means a not-for-profit charitable entity which:
a. 
Is qualified as an exempt organization under Section 23701(d) of the California Revenue and Taxation Code and under paragraph (3) of subsection (c) of Section 501 of the United States Internal Revenue Code of 1954; and
b. 
Represents not less than fifteen affiliated organizations by serving as an initial depository of Charitable Contributions and transmitting those Contributions, less fundraising and administrative expenses, to its affiliated organizations or agencies. Each affiliate represented by an Umbrella Organization shall be an Internal Revenue Code § 501(c)(3) charitable organization or governmental agency.
(SCC 0913 § 2, 1993)
No person or entity shall be authorized to solicit donations from County employees as a Participant in a Campaign except an Authorized Charity. In order to minimally qualify as an Authorized Charity, an entity shall be an Umbrella Organization and have been in existence as an Umbrella Organization during the entirety of the three calendar years preceding the year in which the application to participate in the Campaign.
(SCC 0913 § 2, 1993)
An Umbrella Organization desiring to participate shall file not later than 5:00 p.m. on the thirtieth day of March of the year in which the Campaign is to be conducted, in the Office of the County Executive, an application containing the information and otherwise in compliance with the provisions of Sections 2.145.070 through 2.145.079. The application shall be open to public inspection upon filing.
(SCC 0913 § 2, 1993; SCC 1701 § 3, 2022)
In addition to such supplementary information and data as the County Executive may require in administrative regulations promulgated pursuant to Section 2.145.100 of this chapter, the application shall contain the information and data prescribed by Sections 2.145.072 through 2.145.079.
(SCC 0913 § 2, 1993)
The application shall include:
a. 
The name of the applicant, the members of the applicant's board of directors, and the applicant's chief executive officers; business addresses of the central offices of the applicant, directors and officers thereof; and the name and business address of the applicant's representative designated to receive information from and respond to inquiries by the County Executive; and
b. 
A copy of the applicant's articles of incorporation, by-laws, tax exempt status certificates, and any standards, qualifications, operating requirements, auditing or accounting controls prescribed by the applicant as qualifications for or requirements imposed upon its affiliated charities or governmental agencies; and
c. 
Any additional detailed information establishing that the applicant has been an Umbrella Organization for at least three full calendar years prior to the year of application.
(SCC 0913 § 2, 1993)
The application shall include the names, central office addresses, and names and addresses of the chief executive officers of each affiliated charity or governmental agency of the applicant, together with, as to each affiliated charity or agency: (i) a general, concise description of the charitable programs or services which the affiliate conducts or delivers; and (ii) a general, concise description of the geographical areas in which the programs or services are conducted or delivered by each affiliate.
(SCC 0913 § 2, 1993)
There shall be included with each application a certified audit conducted in accordance with generally accepted accounting principles detailing the revenues generated and expenditures made for the audited period. The audit shall be for a time period for which the ending date shall not be more than fifteen months prior to the date of the application to participate in the Campaign.
(SCC 0913 § 2, 1993)
There shall be included with each application a statement for each affiliate of the applicant setting forth the percentage of that affiliate's gross revenue expended for total administrative and fundraising costs. The data to compute this percentage shall be as reported by the affiliate to the Internal Revenue Service on IRS Form 990.
(SCC 0913 § 2, 1993)
Every Umbrella Organization shall be eligible to participate in that year's Campaign provided it meets the minimum qualification set forth in Section 2.145.050, submits an application that contains all of the information required by Sections 2.145.070 through 2.145.079, and if a Participant in a prior Campaign, has fully complied with the obligations set forth in Section 2.145.095.
Not later than 5:00 p.m. on the second Monday of April, any applicant may file in the office of the Clerk of the Board of Supervisors a written appeal which asserts and seeks the disqualification of another applicant. The sole ground for appeal shall be: (1) that the applicant does not satisfy the qualifications prescribed by Section 2.145.050; (2) that the application does not satisfy the requirements of Sections 2.145.070 through 2.145.079; (3) that the applicant participated in a prior Campaign and did not fully comply with the obligations set forth in Section 2.145.095; or (4) that the application contains misrepresentations of material facts. The failure to file such an appeal within the time indicated shall constitute a waiver by any applicant of the right to challenge the qualifications of any other applicant. Any such appeal shall be scheduled for hearing before the Board of Supervisors, following notice of the time, date and place thereof to the applicant whose application is the subject of the appeal. The appellant shall carry the burden of proof during the hearing.
Not later than 5:00 p.m. on the second Monday of April, the County Executive may declare an applicant ineligible to participate in that Fall's Campaign. This declaration shall be in writing, and the sole grounds thereof shall be: (1) that the applicant does not satisfy the qualifications prescribed by Section 2.145.050; (2) that the application does not satisfy the requirements of Sections 2.145.070 through 2.145.079; (3) that the applicant participated in a prior Campaign and did not fully comply with the obligations set forth in Section 2.145.095; or (4) that the application contains misrepresentations of material facts. The declaration shall be filed in the office of the Clerk of the Board of Supervisors, and mailed to the applicant. Not later than 5:00 p.m. on the fourth Monday of April, the applicant to which such a declaration is directed may file a written appeal in the office of the Clerk of the Board of Supervisors. In the event of such an appeal, a hearing thereon shall be conducted by the Board of Supervisors, following notice of the time, date and place thereof to the appellant. The County Executive shall carry the burden of proof during the hearing.
(SCC 0913 § 2, 1993; SCC 1701 § 4, 2022; SCC 1770, 1/13/2025)
a. 
In the event no appeals have been filed, not later than 5:00 p.m. on the fourth Tuesday of April, the County Executive shall award the privilege of participating in the Campaign to those Umbrella Organizations which they determine meet the minimum qualification prescribed by Section 2.145.050, have provided the information required by Sections 2.145.070 through 2.145.079, and, if a Participant in a prior Campaign, have fully complied with the obligations set forth in Section 2.145.095.
b. 
The Umbrella Organizations determined to be eligible to participate shall be notified electronically or by first class mail, postage prepaid, by placing a written notice in an envelope addressed to the applicant's representative required to be designated by Section 2.145.072(a)
c. 
In the event appeals are filed, the award of the privilege of participating in the Campaign shall be made by the County Executive as soon following the decision of the appeals by the Board of Supervisors as is practical, in accordance with the standards and procedures prescribed in the two immediately preceding paragraphs.
(SCC 0913 § 2, 1993; SCC 1701 § 5, 2022; SCC 1770, 1/13/2025)
An Authorized Charity shall, by exercise of the privilege of participating in a Campaign, and as a condition of continuing participation, become and be obligated to:
a. 
Conduct all solicitation during the Campaign through a single distribution of solicitation materials to County employees containing and explaining the charitable programs of all of the Authorized Charities, and refrain, except upon express and written invitation of a County Department Head or his or her designee, from direct, personal contact solicitation of County employees in County work places;
b. 
Cooperate with the other Authorized Charities during the Campaign and share with the other Authorized Charities in the decision and cost of designing and printing the combined brochures, payroll deduction forms and other materials as well as the cost of individual recognition items such as thank you pins, plaques, and certificates;
c. 
Comply with all Federal and State laws prohibiting discrimination in the employment of personnel, disposition of charitable funds, provision of services and otherwise; and
d. 
Comply with all other provisions of this chapter and any administrative regulations promulgated under this chapter by the County Executive.
(SCC 0913 § 2, 1993)
The County Executive shall administer the provisions of this chapter. The County Executive shall be authorized to: (a) adopt and promulgate administrative regulations imposing affirmative duties upon Authorized Charities for the purpose of promoting the efficiency of Campaigns; (b) promulgate forms for reporting and other purposes; and (c) audit the books and accounts of any Authorized Charity and, subject to its consent, any applicant for participation in a Campaign. No regulation promulgated by the County Executive, or amendment thereto, shall become effective until the expiration of thirty calendar days following the date on which it is filed in the office of the Clerk of the Board of Supervisors, delivered to the office of each member of the Board of Supervisors, and mailed, consistent with the mailing requirements set forth in Section 2.145.085(b), to each Umbrella Organization that either participated or applied to participate in the two annual Campaigns that immediately preceded the year in which the regulations are promulgated.
(SCC 0913 § 2, 1993)