[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:
LAW-ENFORCEMENT-AFFILIATED ORGANIZATION
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.
PROFESSIONAL FUND-RAISER
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.
PROFESSIONAL SOLICITOR
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.
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.
(8) 
Documents verifying the information provided under the provisions of Subsection B(1) through (6) above, including all contracts and subsequent amendments thereto between a law-enforcement-affiliated organization and any professional fund-raiser with whom it does business.
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:
(1) 
The name and address of the organization represented; and
(2) 
A description of the programs in which the organization is actually engaged and for which the funds will be used.
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.