Get documents about "TDCJ Fund-Raising
Document Sample
TEXAS DEPARTMENT NUMBER: ED-02.04 (rev. 5)
OF DATE: February 17, 2006
CRIMINAL JUSTICE PAGE: 1 of 13
SUPERSEDES: ED-02.04 (rev. 4)
July 14, 2003
EXECUTIVE DIRECTIVE
SUBJECT: TDCJ FUND-RAISING
AUTHORITY: Texas Constitution, Art. III, Sections 50 & 51; Sections 493.023,
2203.004, and Section 659.131- 659.153, Texas Government Code
Reference: American Correctional Association (ACA) Standard 4-4034
APPLICABILITY: Texas Department of Criminal Justice (TDCJ or Agency)
POLICY:
The TDCJ encourages and allows fund-raising activity under limited circumstances permissible
under law and this directive. It is unconstitutional to use state resources for private purposes,
and it is a crime to misapply state resources to obtain a benefit. All fund-raising activities are
subject to time or personnel constraints imposed by the employee’s supervisor, Warden,
department head, or Executive Director.
DEFINITIONS:
“Charitable organization” is an organization that is exempt from income taxation under Section
501(a) of the Internal Revenue Code by being listed under Section 501(c)(3), Internal Revenue
Code.
“Collection/Contribution” means money or items donated to a specific individual/situation.
“Fund-raiser” and “fund-raising” are terms used to indicate an activity that generates money
through an event or a sale of goods or services. Examples include photo sales, car washes, golf
tournaments, and other similar activities. Raffles are not approved fund-raising activities.
“Photo fund-raising” means providing for instant photographs of offenders and their visitors and
donating the revenue generated for contributions to approved charitable non-profit organizations.
“Reasonable” means it does not interfere with the ability of an individual to carry out the
primary functions of the Agency as determined by the employee’s supervisor, department head,
Warden or the Executive Director.
ED-02.04 (rev. 5)
Page 2 of 13
“Solicitee” means a person from whom funds are requested.
“Solicitor” means the person engaging in fund-raising.
“State Employees Charitable Campaign (SECC)” is a fund-raising activity that is specifically
authorized by the legislature.
“TDCJ property” means land or buildings owned, leased, or otherwise managed by the TDCJ.
PROCEDURES:
I. General Provisions
Fund-raising activity on TDCJ property is subject to the following behavioral
restrictions:
A. Solicitations shall be conducted in a manner that is non-disruptive, non-coercive
and is respectful of the solicitee’s potentially limited resources and right to agree
or decline to contribute;
B. The solicitor shall not engage in any activity on TDCJ property for private
personal gain; and
C. The solicitor shall not engage in prohibited political activity as described in PD-
23, “Employee Political Activity and Participation in Employee Organizations,”
on TDCJ property.
D. Participation by a state employee in fund-raising or in a state employee charitable
campaign is voluntary.
II. State Employees Charitable Campaign (SECC)
A. The SECC is a fund-raising activity that is specifically authorized by the
Legislature.
B. SECC is primarily a payroll deduction campaign held during September and
October of each year.
C. TDCJ employees appointed to SECC responsibilities are permitted to devote
“reasonable” state time and resources to SECC activities.
D. All fund-raising activities, which include contributions and fund-raising events,
are subject to time and/or personnel constraints imposed by the employee’s
supervisor, department head, Warden or the Executive Director.
III. Fund-Raising Guidelines for Charitable Organizations on TDCJ Property
ED-02.04 (rev. 5)
Page 3 of 13
Approved charitable organizations may conduct fund-raising on State property provided
they comply with the guidelines set forth in Section I. and the following:
A. All charitable organizations that conduct fund-raising activities on TDCJ property
or receive contributions resulting from TDCJ fund-raising activities must be on
the TDCJ approved list maintained by Executive Services. The form and
instructions for organizations seeking placement on the list can be found at
Attachment A. To be considered for approval, the organization must meet the
definition of a charitable organization and the criteria in Attachment A. The
Deputy Executive Director may disapprove organizations for reasons related to
the safety and security of TDCJ institutions, as well as for reasons related to
consistency with the Agency’s mission and State public policy.
B. Any request for a fund-raising activity on TDCJ property must be initiated by the
charitable organization to be benefited. The charitable organization must submit
a Fund-Raising Request Form (Attachment B) to the Warden/Department Head at
least one (1) week prior to the requested event date. Forms will be submitted to
the Parole Division Director for fund-raising events to be held on parole facilities.
C. The Warden/Department Head will notify the requesting organization in writing
(Attachment C) of approval/denial with a copy to Executive Services.
D. Charitable organization volunteers must adhere to all TDCJ policies and
procedures. In no way shall the charitable organization hinder the security
operations of the unit/department. Organizations shall:
1. Be informed that the introduction of contraband items; profanity,
screaming or yelling; and other inappropriate behavior is prohibited.
2. Be made aware of TDCJ’s policy regarding hostages.
3. Be provided a copy of the Visitation Rules for Offenders. The
organization is responsible for ensuring that volunteers are informed about
TDCJ visitation rules and the volunteers shall follow the dress codes set
forth.
E. The Warden/Department Head may require the organization’s volunteers to leave
the unit/department at any time if circumstances warrant such removal.
F. Money associated with fund-raising activity other than SECC, shall not be held
on TDCJ units/department or in separate bank accounts associated with TDCJ
after completion of the fund-raising activity. Money collected for SECC purposes
must be deposited in the Unit Clearing Account within three (3) business days.
ED-02.04 (rev. 5)
Page 4 of 13
G. The TDCJ tax identification number shall not be used in connection with any
fund-raising activity.
H. Fund-raising through the sale of food or drinks to offenders or their visitors on
TDCJ units/departments is prohibited.
I. TDCJ employees may volunteer their personal time (off duty) to assist approved
charitable organizations in their fund-raising activities on TDCJ property.
J. A Fund-raising activity that is organized by a charitable organization in affiliation
with TDCJ (such as a golf tournament) shall not be characterized as a TDCJ
event. Agency resources (i.e., phone numbers, fax numbers, addresses) may not
be used except with the permission of the appropriate Division Director.
Employees may designate their affiliation with TDCJ as in the following
example:
“Employees of the Goodheart Unit in support of….”
IV. Photo Fund-Raising
A. Photo Fund-Raising Request by Charitable Organizations
Each Warden shall be responsible for approving requests submitted by charitable
organizations that desire to participate in photo fund-raising on the unit.
Organizations that submit requests must be on the TDCJ approved organization
list. When approving requests, Wardens shall give consideration to alternating
weekends in order that a variety of charitable organizations may be
accommodated. During the SECC period, in September and October of each
year, all photo funds raised must be donated through the SECC to an approved
charity.
B. Photo Fund-Raising by TDCJ Employees
1. During one (1) designated week of each month during visitation,
employees may devote reasonable state time and resources to the handling
of photo fund-raising administrative tasks to include the operation of film
equipment and handling of funds.
2. The one (1) designated photo fund-raising week shall be the only time that
on-duty TDCJ employees are responsible for the taking of photos,
collection and/or maintenance of money, or distribution of funds.
3. Money raised shall be donated to a variety of organizations listed on the
approved non-profit charitable organization list as selected by unit
employees.
ED-02.04 (rev. 5)
Page 5 of 13
4. Money raised shall be distributed to the approved charitable organization
in the form of a money order or other appropriate means no later than the
first business day following the designated event. The purchase price of
the money order and film shall be deducted from the collected funds and
noted on the Photo Fund Daily Summary Form (Attachment D). A copy
of the Photo Fund Daily Summary Form, money order and all receipts
(photo sales, supplies) shall be sent to Executive Services no later than the
first business day following the designated event.
C. Photo Fund-Raising Guidelines
1. The charitable organization must provide all instant photo cameras, film,
change, receipt books and other similar equipment as required for offender
photos.
2. A sign must be posted in the visitation area indicating the $3.00 charge for
an offender photo and the name of the charitable organization that will
benefit from the photo sales.
3. An offender instant color photo purchased by a visitor shall be taken at a
charge of $3.00. (no exceptions). Receipts shall be provided to visitors
for all photo sales. The Photo Fund Sales Log (Attachment E) will be
utilized and maintained by the Warden, or designee.
4. Offenders shall not handle money at any time.
5. Only visitors may purchase photographs.
6. The Photo Fund Daily Summary Form (Attachment D) must be completed
for each day the photo sales occur and a copy provided to the Warden at
the end of each day. The Warden shall provide a copy to the Regional
Director and Executive Services on a monthly basis.
7. All money shall be kept in locking bags or boxes, generally provided by
the charitable organization. The bags or boxes are strictly the
responsibility of the photo fund-raising participants. At no time shall the
bags or boxes be left unattended.
8. During the SECC months of September and October, all proceeds from
photo sales must be donated through the SECC to the charitable
organizations. No donations will be made directly to any other
organization.
V. Specific Purpose Money Collections
ED-02.04 (rev. 5)
Page 6 of 13
A. An employee may, on state time and state property, collect or contribute money
dedicated to a specific purpose or individual in situations such as a retirement,
birthday, holiday celebration, illness, or catastrophe, provided that:
1. Contributions for a specific individual or purpose may not result in those
contributions being retained after the specific need is met;
2. Solicitations may not be made by the individual or family member to be
benefited;
3. The solicitation is unobtrusive, undisruptive, non-coercive, and respectful
of all employees; and
4. The solicitation does not involve fund-raising activities on TDCJ property
as defined in this policy.
B. An employee may, on state time or state property, collect or contribute money to
an office fund set aside for future situations such as coffee expenses, birthdays,
deaths, provided:
1. The fund does not exceed $100.00;
2. The money is maintained with reasonable safeguards; and
3. Money is not generated through fund-raising activities on TDCJ property
as defined in this policy.
C. Solicitations by employees on behalf of an organization such as the school band
or little league may only be conducted off-duty or during the employee’s lunch
hour or break, and must not be coercive or disruptive to fellow employees.
VI. Employee Solicitation of Funds for Non-Profit Organizations
State employees may solicit a contribution from any person for any non-profit
organization that meets the requirements as stated in the definition of an “Approved
Charitable Organization”. Contributions must be made directly to the charitable
organization in the form of a check or money order. A contribution solicited that is not a
monetary contribution must be delivered directly to the charitable organization by the
person making the contribution. State employees shall not solicit contributions from
state officers or state employees for the purpose of influencing legislation or
administrative action.
VII. Announcement of Fund-Raising Events or Collections/Contributions
ED-02.04 (rev. 5)
Page 7 of 13
TDCJ is supportive of the efforts of its employees to assist fellow staff and the
community in humanitarian efforts. Posting of events, or requests for contributions, for
TDCJ approved charitable organizations may be made utilizing the following methods:
A. Information may be placed on the TDCJ website by submitting requests via fax,
electronic mail (E-mail) or in writing to Executive Services.
B. One (1) E-mail per event or collection request may be distributed system wide by
the appropriate Warden/Department Head.
C. Information may be placed on general information bulletin boards with approval
of the Warden/Department Head.
Any questions regarding fund-raising may be directed to Executive Services, or visit the TDCJ
website at the following Internet address:
www.tdcj.state.tx.us/stat/charity/FundRaiseMainPage.htm
_____________________________
Brad Livingston
Executive Director
ED-02.04 (rev. 5)
Page 8 of 13
Attachment A
Application Process for Placement on TDCJ’s Approved
Non-Profit Charitable Organization List
A non-profit charitable organization must complete and submit the Request for
Placement Form, with a copy of the organizations’ IRS determination letter, to
Executive Services at P.O. Box 99, Huntsville, TX 77342-0099.
Executive Services will process the request and notify the charitable organization
in writing of TDCJ’s approval or denial.
If approval is granted, the organization will be placed on the TDCJ approved list.
Placements should be completed and posted on the list within seven (7) days.
An organization will remain on the list for a period of three (3) years from the
date of approval.
Organizations must reapply every three (3) years to remain active. If an
organization does not reapply, they will be dropped from the approved list.
If you have any questions regarding the application process, you may contact Executive
Services at (936) 437-6391.
Any organization found not to abide by Agency policy and procedures may be removed
at the discretion of TDCJ.
TEXAS DEPARTMENT of CRIMINAL JUSTICE
ED-02.04 (rev. 5)
Page 9 of 13
Attachment A
Request for Placement on TDCJ’s Non-Profit Charitable Organization List
REQUESTING CHARITABLE ORGANIZATION INFORMATION
Requesting Non-Profit Organization: Type of Fundraising Event Date Request Submitted:
Requested:
Organization Contact Person: Telephone Number:
Organization Description: (may attach description)
______________________________________________________________________________________________________________________
______________________________________________________________________________________________________________________
NON-PROFIT INFORMATION/CERTIFICATION
THE UNDERSIGNED HEREBY CERTIFIES THAT THE REQUESTING ORGANIZATION,
____________________________________________________________________________________________
(Typed or Printed Name of Organization)
IS A NON-PROFIT CORPORATION WHICH IS ORGANIZED FOR THE PURPOSES SET OUT IN THE “MODEL NON-PROFIT CORPORATION
ACT” AND HAS RECEIVED A TAX EXEMPTION UNDER THE INTERNAL REVENUE CODE §501(c). A COPY OF THE IRS DETERMINATION
LETTER IS ATTACHED.
THE UNDERSIGNED ALSO VERIFIES THAT IT MEETS THE FOLLOWING CRITERIA BY INITIALING.
INITIAL
1. Is organized for charitable purposes under the Texas Non-Profit Corporation Act or holds a
certificate of authority issued under that act; ______
2. Is exempt from taxation under 501(a) of the Internal Revenue Code of 1986 as an
organization described in Section 501(c)(3) of that code and to which contributions are
deductible for income tax purposes under Section 170 of that code; ______
3. Complies with all applicable federal nondiscrimination laws; ______
4. Complies with all State statutes relating to charitable organizations; ______
5. Is not a private foundation; and ______
6. Does not use contributions raised under this directive to conduct litigation, or to make lobbying
expenditures that would require the organization to register under the lobby law, Chapter 305,
Texas Government Code, if that organization were not an entity exempt from registration
under that Chapter. ______
THE UNDERSIGNED AGREES THAT ANY FUNDS GENERATED SHALL BE DONATED TO THE CHARITABLE ORGANIZATION. THE
UNDERSIGNED FURTHER AGREES TO ABIDE BY TDCJ POLICIES AND PROCEDURES.
_______________________________ ____________________________ _______________________________
Name of Certifying Official (typed or printed) Title Date
TDCJ Information
__ Recommend __ Deny (if so, please state reason)
__________________________________________________
__________________________________________________ ________________________ _________
Executive Services Date
__ Recommend __ Deny (if so, please state reason)
__________________________________________________
__________________________________________________ ________________________ _________
Office of General Counsel Date
__ Recommend __ Deny (if so, please state reason)
__________________________________________________
__________________________________________________ ________________________ _________
Executive Director or Designee Date
Original to Executive Services
ED-02.04 (rev. 5)
Page 10 of 13
Attachment B
Texas Department of Criminal Justice
Non-Profit Charitable Organization Fundraising Request Form
(All Fund-raising activities shall be in accordance with ED-02.04)
TO BE COMPLETED BY REQUESTING ORGANIZATION
Form Completion Date: Requested Activity Date:
Charitable Organization: (Include brief description of organization)
______________________________________________________________________________________
______________________________________________________________________________________
______________________________________________________________________________________
Contact Person: Address: Telephone No.
Fund-raiser Description: Location Requested:
Photo Sales Other (please describe) Unit Other (please specify)
_____________________________________________________ _______________________________________________________
______________________________________________________ ________________________________________________________
Please note: Fund-raiser resources are the responsibility of the
organization.
I hereby certify that
________________________________________________________________________________________________________________________
(Typed or Printed Name of Organization)
IS A NON-PROFIT CORPORATION WHICH IS ORGANIZED FOR THE PURPOSES SET OUT IN THE “MODEL NON-PROFIT
CORPORATION ACT” AND HAS RECEIVED A TAX EXEMPTION UNDER THE INTERNAL REVENUE CODE §501(c). A COPY OF THE
IRS DETERMINATION LETTER IS ATTACHED.
__________________________________________________________ _______________________________
Typed or Printed Name of Certifying Official Date
TO BE COMPLETED BY TDCJ WARDEN / DEPARTMENT HEAD
Division: Region:
CI Other _________________ I II III IV V VI Other _________
Unit Department:
Concur Deny Date: ______________
Comments: (If denied, please state reason.)
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________
___________________________________________ __________________________________________
Warden / Department Head Signature Printed Name
Unit File (Original)
cc: Regional Office (if appropriate)
Executive Services
ED-02.04 (rev.5)
Page 11 of 13
Attachment C
Example Letters
Denial Letter
April 29, 2005
Ms. Ima Charity
1234 Volunteer Ave.
Huntsville, TX 77340
Re: Request for Fundraising on TDCJ Property
Dear Mr/Mrs. _____________
Your recent request to conduct __ (fund-raising activity)___ at the _(unit)_ has been denied. The _(unit)_
cannot approve your request due to __(provide a brief explanation)_.
Sincerely,
(Signature of Warden / Department Head)
cc: Executive Services
Approval Letter
April 29, 2005
Ms. Ima Charity
1234 Volunteer Ave.
Huntsville, TX 77340
Re: Request for Fundraising on TDCJ Property
Dear Mr/Mrs. _____________
Your recent request to conduct __ (fund-raising activity)___ at the _(unit)_ has been approved. Please
contact _(TDCJ contact person)_ at (telephone number) to make final arrangements.
Sincerely,
(Signature of Warden / Department Head)
ED-02.04 (rev. 5)
Page 12 of 13
Attachment D
PHOTO FUND DAILY SUMMARY
Unit: ____________________________________
Date of Photo Sales: ____________________________________
Name of Charitable Organization: ____________________________________
This form is to be completed and given to the Warden at the completion of each day that photo sales
occur by the individuals collecting monies.
Money Collected:
A. Total number of photo sales ________________
X $3.00
B. Total calculated income = $ ________________
C. Actual money collected per count $ ________________
D. Film and supplies expenses $ ________________
E. Amount to be donated $
The donation shall be made on behalf of TDCJ and the approved charitable organization.
__________________________________________
__________________________________________ _______________
Photo Fund Sales Representative(s) Signature Date
__________________________________________ _______________
Charitable Organization Representative’s Signature Date
cc: Appropriate Regional Director
Executive Services
ED-02.04 (rev. 5)
Page 13 of 13
Attachment E
Photo Fund Sales Log
__________________Unit
Number of Amount Receipt No. Employee
Date
Photos Collected Initials
Totals
