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Pledge
for Excellence in Ethical Fundraising for New York State Charitable
Nonprofits
Developed by The Council of Community Services of New York State,
Inc.
The Board
of Directors of _______(Organization Name)_______ hereby
commits this not-for-profit organization to observe and promote ethical
principles and values with respect to all relationships, communications
and transactions associated with charitable solicitation.
The Board of Directors, through this resolution, pledges that the organization
will strive to conduct itself to act in accordance with the six ethical
principles of conduct stated herein. In doing so, the Board of Directors
pledges to abide the basic behavior standards associated with each ethical
principle and pledges to strive toward those standards that reflect excellence
in fundraising practices; when, and if, fundraising is done.
The Board of Directors recognizes that such ethical conduct is rooted
in the core values of the charitable nonprofit sector and that it serves
to promote the public's trust in the mission and work of the corporation
and in the charitable nonprofit sector as a whole.
For the purposes of this pledge, the core values that guide the ethical
decision-making and activities of charitable fundraising include truthfulness
in communication; responsibility; openness; fairness; quality; public
and donor accountability; respect for other nonprofits and the sector;
respect for donor privacy; and respect for donor freedom of choice.
The definitions contained in the Addendum of this pledge operationally
apply to the following six ethical principles and 48 basic standards and
9 standards of excellence.
Ethical
Principle 1# - The charity will be aware of all applicable federal,
state and local laws with respect to charitable solicitation and will
strive to act in accordance with the spirit, as well as the letter, of
the law.
Basic Standards of Excellence:
1a. The board of directors will adopt written policies to govern their
fundraising activities and these policies shall be in accordance with
all applicable laws. (This document may be used in whole or in part as
the adopted written policy)
1b. All independent and contractor agreements securing fundraising services
shall be reviewed prior to execution by knowledgeable legal counsel.
1c. With respect to cause-marketing salutation efforts, both the corporate
sponsor and the nonprofit must satisfy all applicable legal standards
concerning consumer fraud, false advertising, and unfair trade practices.
Highest Standards of Excellence:
1d. Knowledgeable legal counsel shall periodically review the charity's
Fund Development Plan .
Related Core Values: Responsibility; public & donor
accountability
Ethical
Principle 2# - The charity shall establish and exercise adequate controls
over all fundraising activities conducted on its behalf and assume full
accountability for such activities.
Basic Standards of Excellence:
2a. Agreements for the purchase of services from fundraising consultants
and firms, including those being performed by other nonprofits, community
groups or businesses on behalf or for the benefit of the charity, shall
be in writing and shall specify provisions of the nonprofit's accountability
for all activities.
2b. All statements and promises made in solicitation appeals will be honored
or re-negotiated
2c. All solicitation contacts and materials with respect to charitable
fundraising campaigns will inform donors when and how they may obtain
information on the results of the campaign.
2d. Charitable fundraising campaigns shall provide accurate, complete,
and timely information on the campaign results to the media and general
public.
Highest Standards of Excellence
2e. All terms and understandings with respect to solicitations conducted
on behalf or for the benefit of the charity by businesses, community groups
or other organizations that are doing so without fee from the charity
are to be specified in writing and approved by the board of directors
of the charity.
2f. A written Fund Development Plan, including all arrangements for fundraising
personnel and services, shall be annually approved by the Board of Directors.
2g. Federated and non-federated fundraising organizations that solicit
and receive donor designated funds shall inform the designated charity
of the gift amount and the donor, if he/she wishes to be known, within
30 days after the gift has been posted as a liability on the books of
the organization.
2h. Federated and non-federated fundraising organizations shall inform
all designated donors within 30 days of any known delay or error made
in providing the beneficiary charity with the gift. Federated and non-federated
fundraiser organizations shall identify all benefiting charities and shall
provide accurate, complete, and timely information (within 30 days) on
the disbursement of donor funds to the media, general public, and, where
applicable, to member charities
Related Core Values: Truthfulness in communication; responsibility;
openness; quality; public & donor accountability; respect for other
nonprofits
Ethical Principle
3# - All charitable solicitation activities, advertising, written materials,
electronically and verbally disseminated information, and promotional
products and services are to be accurate, reflect integrity, and be fully
accountable to the public, donors, and, for federated and non-federated
fundraising organizations, to their members and/or beneficiary nonprofits.
Basic Standards of Excellence:
3a. Representations made for solicitation purposes shall, in whole or
part, have no false or deceptive terms, descriptions and claims.
3b. Solicitation contacts and materials will clearly identify the organization
by its legal name, its philanthropic mission and how the organization
can be contacted.
3c. Solicitation contacts and materials will, to the extent known, appropriately
identify and represent the intended uses for funds being solicited.
3d. Requests for information that seek substantiation of the accuracy
and truthfulness of solicitation activities will be honored in writing
within 30 days from receipt of the request.
3e. Direct contact solicitations shall identify the solicitor and his/her
relationship to the benefiting organization at the point of contact.
3f. Emotive appeals will not distort the charity's activities, nor the
needs or best interests of beneficiaries.
3g. The confidentiality and rights of patients or clients will not be
compromised or diminished in any way for promotional reasons or the self-interest
of the organization in any way.
3h. Chain letter appeals of any kind, either written or electronically
disseminated, will not be endorsed or used by the charity.
3i. Solicitations which, in exchange for a contribution, offer premiums
or incentives shall advise the donor of the fair market value of the premium
or incentive and that the value is not deductible for tax purposes.
3j. Advertisements for commercial products using the name or logo of the
charity will disclose whether the charity has endorsed the product or
not
3k. Advertisements for commercial products that use the name or logo of
the charity shall disclose that the commercial sponsor has paid for the
use of the charity's name and/or logo
3l. Advertisements for commercial products using the name or logo of the
charity will avoid express or implied claims that the product is superior,
unless the claim is true and substantiated
3m. Advertisements shall not mislead the public about the effect of consumer's
purchasing decision on charitable contributions
3n. Solicitations by federated and non-federated fundraisers shall not
mislead nor distort its relationship, funding or otherwise, with participating
or potential beneficiaries including other charities.
3o. Federated and non-federated fundraising organizations shall clearly
state on all written and electronically disseminated solicitation material
that contributions which are not specifically designated to a particular
charity represent a donation to the fundraising organization that, at
the discretion of that organization, may or may not be disbursed in whole
or part to another charity.
Highest Standards of Excellence
3o. Written substantiation shall exist for all representations and claims
made with respect to, but not limited to, community needs and/or accountability
matters.
3p. A charity that sponsors e-commerce solicitations involving referrals
to electronic shopping malls and/or the purchasing of products or services
from a commercial, for- profit entity shall fully informed prospective
donors on the charities web site of the terms and conditions of the agreement
between the charity and the entity.
3r. Commercial web sites that solicits donations for a charity, including
through the sale of commercial products or services, shall encourage the
prospective donor to become informed about that charity and shall provide
information as how the charity can be contacted, including a direct link
to the charities web site (if applicable).
Related Core Values: Truthfulness in communication; openness;
fairness; quality; public and donor accountability
Ethical Principle
4#: All charitable solicitations are to be based on and motivated by the
mission, merits and resource needs of the requesting charity or, in the
case of federated and non-federated fundraising organizations, those of
beneficiary charities.
Basic Standards of Excellence:
4a. Solicitations shall include information on the program activities
of the charity as well as the cause or needs that the charity is intending
to address.
4b. Solicitations shall provide prospective donors with the opportunity
to receive or obtain information on the charity's programs and activities,
including its annual report.
4c. Solicitations will not deliberately obstruct the legally compliant
solicitation of other charities.
4d. Solicitations will not engage in negative advertisements or campaigning.
4e. Solicitors shall not make express or implied claims that the charity's
services or activities are superior to that of another charity unless
the claim is true and substantiated.
4f. Solicitations will be free from coercion, undue influence, and/or
excessive pressure, including harassment and retaliation of any form.
4g. Fundraising personnel, including independent contractors, shall not
receive finder's fees or be compensated based on a percentage of the amount
raised or other commission or formula.
4h. Board members their family members or the organization they work for
shall not receive any form of compensation for solicitation activities
performed, with the exception of legitimate expense reimbursements made
in accordance with written board-approved policy.
4i. A federated or non-federated fundraising organization serving as a
campaign manager will not intentionally use its role to assert its self
or corporate interest over the interests of other participating and/or
beneficiary charities, including members.
Related Core Values: Truthfulness in communication; responsibility;
fairness; public & donor accountability; respect for other nonprofits;
respect for donor freedom of choice.
Ethical Principle
5#. The privacy and interests of individual donors will be respected and
that information about a donor that he/she would reasonably expect to
be private will be safeguarded.
Basic Standards of Excellence:
5a. The board of directors will adopt a written donor privacy policy that
states what personal information about the donor that he/she can expect
to be safeguarded.
5b. Prospective donors shall be informed upon solicitation that a donor
privacy policy exists and provided information has how to access that
policy.
5c. The donor privacy policy should be accessible on the charity's web
site.
5d. Donors will have clearly stated opportunities to remain anonymous
with respect to their name, gift amount, or other personal information
being released to sources and in ways not otherwise required by law.
5e. Written permission will be received from individual donors before
their names, addresses, and telephone numbers are included in any donor-specified
mailing lists that are sold, rented, or exchanged.
5f. Donations will not be solicited or encouraged by the charity when
the charity has reason to believe that the acceptance of the gift would
jeopardize the donor's future well being.
5g. E-commerce solicitations will provide a clearly stated option for
the individual to "opt-in" to receive future information on
and/or solicitations from the charity and for identifying information
to be shared or used by other parties.
5h. Donor and prospective donor requests to curtail informational and/or
solicitations from "in-house" lists will be honored.
5i. Users of the charity's web sites will be fully informed if the site
is dispensing a "cookie" that tracks where users go and what
type of information they prefer.
5j. Web servers providing e-commerce solicitations via credit card shall
have encryption capability and this capability is to be fully explained
to the donor.
5k. Federated fundraising organizations shall provide designated donors
with a clearly stated option to not have their identity revealed to the
beneficiary charity.
5l. Written policies will be established by the board that govern the
receipt and treatment of charitable gifts.
5m. The board of directors will adopt and make available to donors the
"Donor Bill of Rights" as endorsed by Independent Sector, the
National Catholic Development Conference, the National Committee on Planned
Giving, the National Council for Resource Development, and the United
Way of America.
Highest Standards of Excellence:
5n. The Board of Directors shall have its privacy policy reviewed annually
by knowledgeable legal counsel.
Related Core Values: Openness; respect for donor privacy;
respect for donor freedom of choice
Ethical Principle
6# - Administrative and fundraising expenses are be fair, reasonable,
documented, and disclosed to ensure that the maximum level of resources
are devoted to the mission-based purposes of the charity.
Basic Standards of Excellence:
6a. For charities with budgets over $100,000, the total of fundraising
and administrative expenses together, shall not exceed 25% of the total
operating income on average over a three-year period as determined under
Generally Accepted Accounting Principles.
6b. For charities with budgets under $100,000, the total of fundraising
and administrative expenses together, shall not exceed 49% of the total
operating income on average over a three-year period as determined under
Generally Accepted Accounting Principles.
6c. Telemarketing firms soliciting funds on behalf of a charity shall
immediately disclose upon request of the potential donor being solicited
the all terms, commissions and/ or fees that the firm is to receive from
the charity.
6d. Federated and non-federated fundraising organizations shall disclose
on all written and electronically produced solicitation materials the
percentage of administrative and fundraising funds that the organization
retains from the proceeds raised for its own use.
Related Core Values: Responsibility; openness; public &
donor accountability
Addendum
A
Glossary of Terms
Charitable Fundraising - a request for donor or contributor money,
property, or other material goods of value made on the representation
that the resources will be use for a philanthropic purpose. Requests may
be made directly to the donor or to third parties who have raised or manage
donor dollars, such as foundations and federated fundraisers.
Charitable Fundraising Campaign - organized charitable fundraising
that has a specifically stated fundraising goal and timeframe, and provides
representation as such to the potential donor.
Designated Donor - a donor to a federated fundraising organization
who appropriately instructs that organization to provide his or her gift
directly to a charity named by the donor.
Direct Contact Solicitation - a where fundraising solicitation is
made through person-to-person interaction with potential donors.
Donor - an individual or corporation who makes a gift of money, property
or other material goods of value directly to a charity.
Ethical Principles - a level of moral conduct that is rooted in stated
core values and serves to guide the interactions of a nonprofit organization
with others in conducting charitable fundraising.
Federated Fundraising Organization - a charitable nonprofit that solicits,
collects and disburses funds specifically and representatively on the
behalf, and for the support, of "member" charitable nonprofits who have
corporate rights as identified and described in the organization's bylaws.
Non-federated Fundraising Organization - a charitable nonprofit that
solicits, collects and disburses funds specifically for the support of
charitable activities conducted by nonprofits who have no corporate and
representational rights as members of the organization.
Negative Campaigning - activities that intentionally or unintentionally
serve to promote the merits or fundraising interests of a sponsoring charity
by attacking or criticizing other charitable organizations in an unfair,
untruthful or degrading manner. Such activities may or may not be based
on or rely on rumor or innuendo; unflattering and demeaning representations;
stereotyping and appeals to fear, prejudice; and/or negativism.
Public Accountability - the extent to which a charitable nonprofit
is accessible and responsive to public and donor inquiry for reliable
and valid information with respect to its operations and is proactive
in providing such information to the general public.
Standards - measures for assessing organizational conduct with
respect to stated ethical principles.
Workplace Campaign - a charitable fundraising campaign that occurs
at the workplace setting, has the endorsement and cooperation of the employer
and/or employees, and specifically solicits contributions from employees,
usually through payroll deduction.
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