01 NCAC 35 .0302             COERCIVE ACTIVITIES PROHIBITED

(a)  In order to insure that donations are made on a voluntary basis, actions that do not allow free choice or that create an impression of required giving are prohibited.  Peer solicitation is encouraged.  Employee gifts shall be kept confidential, unless otherwise required by law except that employees may have their designated contributions acknowledged by the recipient organizations.

(b)  All activities of the campaign shall be conducted in a manner that promotes a unified solicitation on behalf of all participants.  While it is permissible to individually identify, describe or explain the charitable organizations in the campaign for informational purposes, no person affiliated with the campaign shall engage in any campaign activity that is construed to either advocate or criticize any specific charitable organization.

(c)  The following activities are not permitted:

(1)           The providing and using of contributor lists for purposes other than the collection, forwarding, and acknowledgement of contributions.  Recipient organizations that receive the names and addresses of state employees shall segregate this information from all other lists of contributors and use the lists only for acknowledgement purposes.  This segregated list shall not be sold or released to anyone outside of the recipient organization.  Failure to protect the integrity of this information may result in penalties up to expulsion from the campaign;

(2)           The establishment of personal dollar goals or quotas; and

(3)           The developing and using of lists of non‑contributors.

(d)  Violations of these Rules by a participant organization may result in the decertification of the organization.  The organization shall be given notice of and an opportunity to be heard prior to any action being taken by the Committee.  Any organization that is dissatisfied with the determination of its decertification may file an appeal to the Committee within 10 days of the notification postmark date.  An organization that is dissatisfied with the appeal determination of the Committee may commence a contested case by filing a petition under G.S. 150B-23 within 60 days of notification postmark date of the Committee's decision.

 

History Note:        Authority G.S. 143‑3.3; 143-340(26); 143B‑10;

Eff. February 1, 1984;

Transferred and Recodified from 1 NCAC 35 .0402 Eff. December 1, 1993;

Amended Eff. December 1, 1994; December 1, 1993;

Temporary Amendment Eff. February 15, 2002;

Amended Eff. March 1, 2006; August 1, 2004.