§ 306-50. Charitable Solicitation Campaigns.

(a)

Legislative Findings—Government Interests. This legislation is enacted to authorize the creation of an employee charitable solicitations program that is reasonably related to the following governmental interests:

(1)

To accommodate and assist city employees' preference for and tradition of funding charitable service providers through a payroll deduction process;

(2)

To promote the provision of basic health and human welfare services to those most in need by funding methods that are a legitimate alternative to the use of government funds;

(3)

To minimize workplace disruption and distractions associated with charitable solicitations of city employees;

(4)

To promote the accountability of organizations eligible to participate in the program for the legitimate, effective, and efficient provision of charitable services and to facilitate the ability of the city to monitor and manage the program efficiently;

(5)

To concentrate the limited funds generated by the program on those charitable organizations that directly serve basic human needs to maximize the effective use and impact of such funding;

(6)

To concentrate the expenditure of such funding by eligible charitable organizations in the Cincinnati area to retain the maximum impact derived from such expenditures and to ensure that such expenditures are made in the general area where city employees live and work; and

(7)

To provide specific, fair, non-discriminatory eligibility guidelines for charities seeking to solicit city employees and to provide clear administrative guidelines for the effective and efficient management of the program.

(b)

Legislative Findings—General. It is hereby found and determined that city employees desire an opportunity to contribute, by payroll deduction, to human health and welfare service organizations that primarily serve Cincinnati and Hamilton County to provide direct benefits to human beings that the city may not otherwise be able to provide and that the Supreme Court of the United States, in the case Cornelius v. NAACP (1985), determined that a governmental employer wishing to permit solicitation of its employees for charitable causes must provide reasonable eligibility guidelines for charitable organizations seeking contributions from its employees.

It is further found that the city administration has developed guidelines for the charitable solicitation of city employees that permit employee solicitation by charitable organizations in a fair and non-discriminatory manner which minimize distractions and interruptions to the workplace and promote the manageability of the program by measures that include a requirement of a minimum level of employee giving for those organizations that seek to participate and require accountability for fund raising and expenditures by the charitable organizations that participate in the city's program.

It is further found that it is in the city's interest to permit charitable giving from city employees to those organizations that provide substantial health and human welfare services primarily within the city of Cincinnati and Hamilton County which will reduce the cost to taxpayers for the provision of such services and will permit employees to see their donations going to charities they care about and see the results of their giving, concentrate limited financial resources to promote more effective charitable services, enhance the city's ability to monitor such services, and to maximize the local economic impact of expenditures associated with such services.

It is further found that it is reasonable to exempt those charitable organizations that have previously participated in the payroll deduction plan because of their reasonable expectation of continued participation and those charitable organizations that exist to assist or promote city or joint city/county government departments or agencies because of the direct benefit to the citizens of Cincinnati and Hamilton County.

It is further found and determined that adoption of a policy and procedure for the management of charitable solicitation of city employees constitutes a public purpose.

(c)

Legislative Finding—Health and Human Welfare Services. It is further found that the limitation of eligibility to those charities that provide health and human welfare services is reasonably related to the government interests identified in this legislation.

(d)

Definition—Health and Human Welfare Services Organization. As used herein and in the administrative policies and procedures authorized hereby, a health and human welfare service organization is defined as a charitable organization that provides:

(1)

services that directly benefit human beings in need; and

(2)

services that consist of care, research or education to meet human health, social adjustment, or rehabilitation needs; relief for victims of natural disasters and other catastrophes; assistance, including personal legal advocacy, to those who are impoverished and in need of food, shelter, clothing and other basic human welfare services; safety, foster and protective services for children and adults; assistance for home management and maintenance; transportation, referral and counseling, and adoption services; and assistance for the elderly.

(e)

Charitable Campaigns. The city manager is authorized to implement and operate charitable solicitations campaigns for city employees in accord with the terms of this section. The city manager shall promulgate policies and procedures for the effective and efficient operation of the program and such modifications as may be required, consistent with and reasonably related to the governmental interests identified herein.

The director of finance shall deduct from the salary or wages of any city employee such amounts as may be authorized and agreed to by such employee as contributions to eligible participants in charitable solicitations campaigns, as chosen or designated by the charitable solicitations steering committee in accordance with the policies and procedures for charitable solicitation campaigns of employees, a copy of which is on file in the office of the director of finance.

The form of authorization and consent for charitable deductions from salaries or wages of city employees who desire to contribute to eligible participants in the charitable solicitations campaigns shall be subject to the approval of the director of finance.

The director of finance shall draw a warrant on the city treasurer in favor of eligible participants in charitable solicitations campaigns in amounts equal to the total deductions from the salaries or wages of city employees made in accordance with the provisions of this section.

(Ordained by Ord. No. 376-1998, eff. Oct. 21, 1998)