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21/04/2011 06:33
Notations on Non-profits Newsletter An Open Letter to Readers
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For those of you who know me, sitting down in one spot, eyes glazing over in front a screen, is not exactly my idea of fun. But I have really enjoyed blogging over the last few months and am absolutely estatic (evidenced by my use of italics) about this newsletter. It’s been a loooong time coming. But I will need the help of you all to ensure that it’s something of value. After all, sitting down to write this, and clogging up your email with yet another tastefully designed newsletter, will not be worth it if it doesn’t help. So I’ve made edition numero uno fairly light. A proverbial toe in the water. Tell me what you like, what you don’t like. What would you like to see? What issues would you like addressed? If there is an operational issue making you borderline homicidal, why not send it to me? I’m here to help, so feel free to let me know what it it is exactly you all could use help with. And on that note, enjoy! At Your Service, Erin McClarty )RXQGHU 1RWDWLRQV RQ 1RQ SURȴWV
The answer is probably not. If there is one thing I’ve seen systematically missing in many organizations, LWȇV D FRQȴGHQWLDOLW\ DJUHHPHQW %XW WKLQN DERXW LW We now have phones the size of candy-bars that can take photos and neatly package these pictures for distribution all over the world in a matter of seFRQGV $QG WKH PLQXWH VRPHRQH ȴQGV RXW WKDW WKHLU address or bank information has been disclosed by one of your people who do you think they’re going to come after? Yup, you. So why not try to mitigate this with a couple sheets of paper? Anytime you have volunteers around personal or sensitive data, it doesn’t hurt to have them sign an agreement guaranteeing that they will not disclose that information to anyone else. Of course there is the possibility something will slip through. But the point is to distance your organization from any wrongdoing should anything happen to go wrong. And by having this paper in place, you tell the world that you don’t tolerate that kind of behavior. That you take the protection of personal data seriously, and are intent on keeping such sensitive LQIRUPDWLRQ LQ FRQȴGHQFH 7KLV GHȴQLWHO\ JLYHV \RX a leg to stand on in court.
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Do you collect the addresses of donors and supporters? Financial information? Check images? Personal information such as family size and income? Now the important question, do you have a means of ensuring that people donâ&#x20AC;&#x2122;t go posting this information on the internet, talking to their friends or blabbing to the press?
,I \RXČ&#x2021;YH QHYHU GUDIWHG D FRQČ´GHQWLDOLW\ DJUHHPHQW before, hereâ&#x20AC;&#x2122;s a few considerations to get you started..... 1. Sit down and determine what you want to be FRQČ´GHQWLDO LQIRUPDWLRQ 7U\ QRW WR EH WRR VSHFLČ´F but try not to be too broad either (I know). In other words, list out things so its clear what your position is, but make clear that this list ÂŤincludes, but is not limited to....Âť those things listed. This gives you a little leeway in case you forget to list, or canâ&#x20AC;&#x2122;t think of, something. Without a true grasp of what constiWXWHV DV FRQČ´GHQWLDO WKH UHVW RI WKH DJUHHPHQW LV meaningless. Make sure that whatever you come
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21/04/2011 06:33
Notations on Non-profits Newsletter
XS ZLWK LV GHČ´QHG DW WKH EHJLQQLQJ DQG XVHG FRQVLVtently throughout. 2. At this point, you might also want to decide whether you want to address media requests. What should someone do if the media contacts them? Do you want them to give a blanket statement or not respond at all? Who should your people direct the media to? ([SODLQ KRZ FRQČ´GHQWLDO LQIRUPDWLRQ PD\ EH used. Do you want to allow use to broadly encomSDVV ZKDWHYHU LW WDNHV IRU \RXU SHRSOH WR IXOČ´OO WKHLU UHVSRQVLELOLWLHV" 2U UHVWULFW XVH WR VSHFLČ´F LQVWDQFHV" $QG IRU ZKDW SXUSRVHV FDQ FRQČ´GHQWLDO LQIRUPDWLRQ not be used? Are there certain uses that you believe should be prohibited (i.e. unauthorized solicitation or personal use?)
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:KR PD\ FRQČ´GHQWLDO LQIRUPDWLRQ EH GLVFORVHG WR DQG ZKR FDQČ&#x2021;W FRQČ´GHQWLDO LQIRUPDWLRQ EH GLVclosed to? If anyone has a question as to whether VRPHWKLQJ LV FRQČ´GHQWLDO LQIRUPDWLRQ RU ZKHWKHU they are allowed to disclose it to a certain person, who can they ask? )RFXV RQ H[SODLQLQJ ZK\ FRQČ´GHQWLDO LQIRUPDWLRQ should never be disclosed. Drive home that failure to adhere to your policy could lead to irreparable damage to donor relationships, loss of respect in the community and possible civil/and or criminal liability. Read More Here........** **I did in fact post an example, be sure to check it out. Q&A 4 &DQ WZR QRQ SURČ´WV PHUJH" -T.M A: Loved the short question. And in keeping, the short answer is yes. But of course, each state has its
own rules governing what organizations can merge DQG ZKHQ ,Q 7H[DV QRQ SURČ´W FRUSRUDWLRQV PD\ merge under Chapter 10 of the Business Organizations Code, subject to a few limitations. One of these OLPLWDWLRQV LV WKDW mD GRPHVWLF >7H[DV@ QRQSURČ´W corporation may not merge into another entity if the GRPHVWLF QRQSURČ´W FRUSRUDWLRQ ZRXOG EHFDXVH RI the merger, lose or impair its charitable status.Âť The rest of the limitations can be found in Section 10.010 6SHFLDO 3URYLVLRQV $SSO\LQJ WR 1RQSURČ´W &RUSRUDtion Mergers. Note, Texas, like many other states, UHTXLUHV WKDW FHUWDLQ Č´OLQJV EH PDGH WR PDNH WKH PHUJHU HIIHFWLYH L H RÉ&#x;FLDO 9DULRXV DWWDFKPHQWV and schedules may also be required, however, this will all depend on whether you plan to have one RI WKH QRQ SURČ´WV VXUYLYH DIWHU PHUJHU RU FUHDWH D ZKROH QHZ QRQ SURČ´W 7KH ,56 DOVR UHTXLUHV WKDW Č´OLQJV EH PDGH ZLWK WKHP DV ZHOO 2UJDQL]DWLRQV ZLOO QHHG WR Č´OH D (= or a 990-N (depending on the amount of the organizationâ&#x20AC;&#x2122;s gross assets and gross receipts) as well as a Schedule N. The IRS website does a really good job of walking organizations through this (under the Charitable Organizations tab). Note, there is a time UHTXLUHPHQW IRU WKHVH Č´OLQJV VR EH VXUH WR FRQVXOW with the appropriate person in a timely manner. Recent Case In keeping with the merger discussion I thought this case would be interesting. Especially because it involved two local Girl Scout Councilâ&#x20AC;&#x2122;s. Apparently, the two councilâ&#x20AC;&#x2122;s merged and the attorney for one of the councilâ&#x20AC;&#x2122;s argued he could not give the other certain paper-work because of attorneyclient privilege. Attorney-client privilege is just that, a ÂŤprivilegeÂť clients have that enables an attorney WR NHHS FHUWDLQ LQIRUPDWLRQ FRQČ´GHQWLDO EHWZHHQ themselves and the client. However, the Court held that the attorney did have to hand everything over. Itâ&#x20AC;&#x2122;s reasoning was that, under Oklahoma law, when corporations merge the rights of the merged corpo-
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Notations on Non-profits Newsletter
ration no longer exist. Consequently, all its rights, powers, assets, debts and privileges vest in the newly FUHDWHG FRUSRUDWLRQ 6SHFLČ´FDOO\ WKDW PHDQV WKH new Girl Scout Council inherited all the other Girl Scout Councilâ&#x20AC;&#x2122;s prvileges (such as the attorney-client privilege) and therefore entitled to see everything. To make matters simplier, the Court also pointed RXW WKDW WKH PHUJHU DJUHHPHQW VSHFLČ´FDOO\ VWDWHG that all assets, properties, and privileges would be transferred to the surviving corporation without reservation (and with no exclusion concerning FRQČ´GHQWLDO LQIRUPDWLRQ
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The case is Girl Scouts-Western Oklahoma Inc. v. Barringer-Thomson, Okla., No. 108676 and the case can be found here.
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