Chapters may be considering online fundraising and events as a way to solicit donations and support, particularly while in-person fundraising events cannot be held. We would like to remind you that online solicitation requires registration as a charity soliciting contributions in a given state.
Forty-one states require registration in-state if a charity is soliciting donations. Twenty-five states, including New York, require ongoing disclosures to the state, as well as disclosures to donors at the time of their contribution. A Chapter could register in all states that require it, but we recommend registering in New York and limiting your website from accepting donations from outside New York. If you commonly receive donations from other states, you could register appropriately and accept donations from there as well. If a Chapter limits the states it accepts donations from, text should appear next to any donate button or link specifying the residencies that are barred from giving. Appropriate steps must be taken to effect this limitation. It is insufficient to merely say donations will not be accepted from other places.
New York state requires the following to be included "conspicuously" in ten point font (or higher) in most donation materials: "Upon request, a copy of the latest annual report can be obtained from the organization, or from the Office of the Attorney General, by writing the Charities Bureau, 120 Broadway, New York, NY 10271." Donation materials include website- or email-based donation options.
Following that statement must be a "clear description" of the programs and activities for which the organization has requested and has expended, or will expend, contributions. Alternately, the organization can include a statement that
"upon request, a person may obtain from the organization" such a description.
OPWDD COVID-19 Risk Stratified Enhanced Oversight
As follow-up to their communication with the Provider Association, The Office for People With Developmental Disabilities (OPWDD) distributed a
memo announcing their plans to move forward with conducting site visits. These visits will begin this week. We do not have any indication that any Chapters of The Arc New York are within the first group of providers selected for a visit. However, if you receive notice from OPWDD that they intend to visit, please let us know.
As a reminder, we provided further information on this topic in our May 12, 2020 COVID-19 Update which can be found
here
.
Reminder: The Arc New York Governance Webinar May 20
Dr. John Kowalczyk, President of The Arc New York, will be hosting a webinar on Wednesday, May 20th at 1:00 p.m. to discuss the Organization's Governance post-COVID. The webinar will consist of the following internal panelists and topics:
- Dr. John Kowalczyk, President, The Arc New York - Overview and Lead Panelist
- Kate Jerian, General Counsel, The Arc New York - Legal Issues, By-Law Changes
- Joseph Zifchock, Board Treasurer, The Arc New York - Financial Considerations
- Kirk Lewis, Executive Director, Schenectady ARC - Relationship of Executive Directors in Governance
- Laura Kennedy, Co-Chairperson Membership Workgroup, The Arc New York - Membership, Advocacy, etc., post-COVID
You can register for the webinar here.
