CFC MEMORANDUM 2005-9

August 22, 2005

On Friday August 21, 2005, the U.S. Office of Personnel Management sent a message that OPM was in litigation and it was possible that OPM could have been enjoined (stopped) from the printing or distribution of the 2005 CFC brochures.

OPM asked that if your campaign has not yet printed the 2005 brochure, that you hold off on its printing until further notice. OPM further advised that if you had already begun the process of printing, to let that process continue.

This message is to bring you up to date on the status of that litigation. OPM and the Make-A-Wish Foundation of America (MAWFA) have settled the pending litigation, with the settlement being approved by the United States District Court for the District of Columbia. A copy of the Settlement and the district court's Order are attached to this message.

As you can see from the attached Order, the following options must be implemented by all campaigns depending on the stage of the brochure printing process:

• if you have not yet printed the brochures for the upcoming 2005 Campaign, the MAWFA must be added to the brochures with a listing under the America's Charities Federation section of the National List. If the brochure includes an index, it must be added there as well. In this case, the listing must read as follows:
  
  

  0426	Make-A-Wish Foundation of America (800) 722-9474 www.wish.org EIN#86-0481941 - Grants the wishes of children in the United States with life-threatening medical conditions to enrich the human experience with hope, strength and joy. 38.1%.

  
  
  
• if you have already printed the brochures, an entry for MAWFA must be inserted as an errata sheet into each brochure. The message set forth below may appear on a full sheet of paper insert or as a "strip" insert, whichever minimizes cost and/or administrative inconvenience, using the same size font as other charity listings. A sample "strip" accompanies this message. The following language must be reproduced exactly:




Make-A-Wish Foundation of America may be designated by you as a recipient for the 2005 campaign by pledge card or direct contribution.
0426	Make-A-Wish Foundation of America (800) 722-9474 www.wish.org EIN#86-0481941 - Grants the wishes of children in the United States with life-threatening medical conditions to enrich the human experience with hope, strength and joy. 38.1%.

Note: What is intended by the phrase "direct contribution" is a contribution by cash or check. The insert may be done before the brochures are sent to the agency key workers or by key workers before distribution to Federal employees.

We also ask that each campaign keep track, to the extent you are able to do so, of any additional costs to the local campaign from this printing/errata sheet process and report that data to OPM when the printing and distribution process has been concluded. We anticipate that a portion of those expenses may be reimbursed to the campaigns.

OPM appreciates the added burden this places on local campaigns at this critical time in the process, but the litigation was resolved by mutual agreement of the parties, in part to avoid protracted litigation that could have had a longer term impact on the administration of the 2005 CFC.

Please let us know immediately if you have any questions regarding these instructions only. OPM is unable to provide additional details about any aspect of the settlement other than what has been provided. Thank you for your cooperation on this important matter.

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