[Adopted 6-26-1984 by L.L. No. 14-1984 (Ch. 384 of the 1985
Code)]
A.
This Legislature hereby finds that many professional fund-raisers
often misrepresent themselves to be agents of law-enforcement-affiliated
organizations and solicit funds on behalf of organizations which rarely
see more than a small percentage of the collected funds. This pernicious
and fraudulent practice is calculated to deceive and gull small-business
persons, merchants and residents of our County into believing that
they are aiding a widow, widower or orphan of a slain police officer
or helping a wounded or disabled police officer.
B.
The purpose of this article is to prevent misrepresentation in the
solicitation of funds from the public by or on behalf of law-enforcement-affiliated
organizations, to require that adequate information be made available
to persons solicited as to the actual identity of the soliciting organization
and the purposes for which solicitations will be used, to assist the
public in judging the nature and worthiness of the solicited cause
and to ensure the presentation of honest information to prospective
donors.
C.
In addition, this article recognizes the special problem presented
by telephone solicitation which, in the past, has been subject to
greater abuse than any other form of solicitation. Accordingly, telephone
solicitors are required to make additional representations during
the solicitation, which will enable the solicitee to make a more informed
judgment concerning the solicitation.
D.
The provisions of this article are not intended to apply to fraternal,
patriotic, social or other law-enforcement-affiliated organizations
which solicit contributions solely from their memberships.
As used in this article, the following terms shall have the
meanings indicated:
Any organization, association or conference of present or former policemen, sheriffs, deputy sheriffs, detectives, investigators, constables or similar law enforcement officers or peace officers or police officers, as defined in Subsections 33 and 34 of § 1.20 of the New York Criminal Procedure Law, or any auxiliary or affiliate of such an organization, association or conference composed of one or more such organization.
Any person who, for compensation or other consideration,
plans, conducts, manages or carries on any drive or campaign in the
Suffolk County Police District for the purpose of soliciting funds
or contributions for or on behalf of any law-enforcement-affiliated
organization or who engages in the business of or holds himself out
to persons in the Suffolk County Police District as being independently
engaged in the business of soliciting contributions for such purposes.
Any person who is employed or retained for compensation by
a professional fund-raiser to solicit funds or contributions on behalf
of any law-enforcement-affiliated organization from persons in the
Suffolk County Police District.
The geographical area under the jurisdiction of the Suffolk
County Police Department, as defined in Article XIII of the Suffolk
County Charter.
A.
No law-enforcement-affiliated organization shall solicit funds or
contributions from the public or have funds or contributions solicited
on its behalf unless it has filed a registration statement with the
Suffolk County Police Commissioner or his designee, in accordance
with the provisions of this section. Each registration statement shall
be refiled and updated every 12 months so long as the law-enforcement-affiliated
organization is engaged in solicitation activities in the Suffolk
County Police District.
B.
Such statements shall contain the following information:
(1)
The name of the organization and the purpose for which it was organized.
(2)
The principal address of the organization.
(3)
A statement indicating whether the organization intends to use professional
fund-raisers to solicit funds or contributions from the public.
(4)
The general purpose or purposes for which the contributions solicited
shall be used.
(5)
The names and business addresses of the person or persons in direct
charge of conducting the solicitation.
(6)
The names and business addresses of all professional fund-raisers
who will be connected with the solicitation.
(7)
A statement to the effect that the fact of registration will not
be used or represented in any way as an endorsement by the County
of Suffolk or by the Suffolk County Police Department of the solicitation
conducted thereunder.
C.
Once each year, on the first day of September, a report shall be
filed with the Commissioner of Police stating the amount of funds
or contributions collected in the preceding calendar year, the amount
expended and the specific recipients, purposes for which said amount
was expended and the administrative expenses incurred in said period,
including a statement of the fees or other charges by any professional
fund-raisers and the amount paid to the same.
[Amended 8-15-1989 by L.L. No. 26-1989]
A.
During the course of each and every solicitation for funds or contributions
on behalf of a law-enforcement-affiliated organization (including,
but not limited to, telephone solicitation, door-to-door solicitation
and mailings), the fund-raiser, solicitor or any other person acting
on behalf of the law-enforcement-affiliated organization shall make
the following representations:
B.
During the course of telephonic solicitations, the fund-raiser, solicitor
or any other person acting on behalf of the law-enforcement-affiliated
organization shall make an additional statement of the percentage
of the funds collected during the preceding year which were actually
used for the programs in which the organization was then engaged and
that the remaining funds were used for fund-raising activities.
C.
The fund-raiser, solicitor and any other person acting on behalf
of the law-enforcement-affiliated organization shall provide an acknowledgment
to the person(s) who actually contributes pursuant to the solicitation
which shall contain the following representations:
(1)
The name and address of the organization represented.
(2)
A description of the programs in which the organization is actually
engaged and for which the funds will be used.
(3)
A statement of the percentage of the funds collected during the preceding
year, which were actually used for the programs in which the organization
was then engaged and that the remaining funds were used for fund-raising
activities.
It shall be unlawful to solicit funds or contributions on behalf
of a law-enforcement-affiliated organization:
A.
By using a name, symbol or statement so closely related to that used
by another law-enforcement-affiliated organization or governmental
agency that the use thereof would tend to confuse or mislead the public,
including the use of statements or materials that would indicate that
such funds or contributions were being raised for the Suffolk County
Police Department, Suffolk County Patrolman's Benevolent Association,
Suffolk County Superior Officer's Association, Suffolk County
Police Conference, Suffolk County Detectives Association, Suffolk
County Deputy Sheriff's Association, the Police Association of
Suffolk County or Suffolk County Detective Investigators Police Benevolent
Association, unless such agency or association shall have given its
written permission for the raising of such funds for it and for the
use of its name in connection with the solicitation of funds.
B.
By means of a false pretense, representation or promise which includes
a representation:
(1)
That the professional fund-raisers or solicitors are police officers
or employees of any law enforcement agency.
(2)
That funds collected will be used to aid widows and children of police
officers slain in the line of duty or that the funds collected will
not be used for any other charitable program unless the organization
is actually engaged in such a program.
(3)
That contributors will receive special benefits from police officers.
(4)
That contributions are tax-exempt as a charitable contribution or
as a business expense unless they so qualify under the applicable
provisions of the Internal Revenue Code.
C.
By any manner, means, practice or device that misleads the person
solicited as to the use of the funds or the nature of the organization.
A.
Any person who violates or assists in the violation of any of the
provisions of this article shall be guilty of a misdemeanor, punishable
by a fine of not less than $1,000 nor more than $10,000 or up to one
year's imprisonment, or both. Each such violation shall constitute
a separate and distinct offense.
B.
Such person shall also be subject to a civil penalty of not less
than $1,000 nor more than $10,000 for each violation. Each such violation
shall constitute a separate and distinct offense.
The civil penalties prescribed by this article shall be recovered
by an action or proceeding in any court of competent jurisdiction.
All such actions or proceedings shall be brought in the name of the
County by the County Attorney. In addition, the County Attorney may
institute any other action or proceeding in any court of competent
jurisdiction that may be appropriate or necessary for the enforcement
of the provisions of this article, including actions to secure permanent
injunctions enjoining any acts or practices which constitute a violation
of any provision of this article, mandating compliance with the provisions
of this article, or for such other relief as may be appropriate. In
any such action or proceeding, the County Attorney may apply to any
court of competent jurisdiction, or to a judge or justice thereof,
for a temporary restraining order or preliminary injunction enjoining
and restraining all persons from violating any provision of this article,
mandating compliance with the provisions of this article or for such
other relief as may be appropriate, until the hearing and determination
of such action or proceeding and the entry of final judgment or order
therein. The court, or judge or justice thereof, to whom such application
is made, is hereby authorized forthwith to make any or all of the
orders above specified, as may be required in such application, with
or without notice and to make such other and further orders or directions
as may be necessary to render the same effectual. No undertaking shall
be required as a condition to the granting or issuing of such order
or by reason thereof.
The remedies and penalties provided for herein shall be in addition
to any other remedies and penalties provided under other provisions
of law.
The provisions of this article shall not be construed to apply
to any law-enforcement-affiliated organizations when solicitation
of contributions is confined to their membership. In addition, the
provisions of this article shall not be construed to apply to any
person or law-enforcement-affiliated organization which solicits contributions
for the relief of any individual, specified by name at the time of
solicitation, if all of the contributions collected, without any deductions
whatsoever, are turned over to the named beneficiary.
