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About MNA Public Policy News Events Public Policy Resources Projects and Campaigns
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Nonprofit Council for Charitable TrustsAdvisory Committee to the Michigan Attorney General Description In response to recent nonprofit scandals, growing government concern, public scrutiny, and the need to promote accountability from within the nonprofit community; the Michigan Nonprofit Association initiated the Nonprofit Council for Charitable Trusts in January 2004. Chaired by Michigan’s Chief Deputy Attorney General Carol Isaacs, J.D., the purpose of the Council is to advise the Attorney General on issues related to charities and charitable giving in Michigan. The Council meets twice a year, specifically to:
To address the above and to reflect the breadth of the charitable sector, members of the Council are diverse in terms of services provided by their organizations, geographic location, budget size and ideology. In addition to representatives from 501(c)(3) tax-exempt organizations, for-profit professionals that provide services to nonprofits also serve on the Council. Although additional members are being added to provide a more representative sample of the sector, the following is a list of current Council members:
September 2007
January 2007
June 2006
February 2006
November 2005
June 2005
February 2005
August 2004
April 2004
January 2004
September 12, 2007 Attendees: Council Members –Carol Isaacs (chair), Susan Broman, Kyle Caldwell, Sandi Cotter, Scott Dzurka, Sue Perlin, Peter Remington, Ralph Rumsey, Jim Sandy Staff (Attorney General) – Katharyn Barron, Pat Conley, Joe Kylman, Sue Sanford, Tracy Sonneborn Staff (Michigan Nonprofit Association) – Erin Skene, Tiffany Aurora Guest: Nancy Lindman Absent: Council Members – Delois Caldwell, Elizabeth Cherin, Rob Collier, William Rustem, Stephen Skorcz Meeting Summary: Agenda Item #1: Welcome and Introductions Agenda Item #2: Introduction of New Members Agenda Item #3: Update on E-Filing in Michigan Agenda Item #4: AG/Charitable Trust Section Update Agenda Item #5: Presentation on 2-1-1 Agenda Item #6: Review of Proposed Changes to the IRS Forms 990 and New Auditing Standards Agenda Item #7: Update on Staying Legal Project Agenda Item #8: Briefing on Relevant State and Federal Legislation Agenda Item #9: Next Steps January 18, 2007 Attendees: Council Members – Carol Isaacs (chair), Delois Caldwell, Elizabeth Cherin, Sandra Cotter, Susan Perlin, Jim Sandy, Sam Singh Staff (Attorney General) – Katharyn Barron, Pat Conley, Joe Kylman, Sue Sanford, Tracy Sonneborn Staff (Michigan Nonprofit Association) – Erin Skene, Tiffany Aurora Absent: Council Members - Robert Aronson, Susan Broman, Rob Collier, William Rustem, and Stephen Skorcz Meeting Summary: Agenda Item #1: Welcome and Introductions Agenda Item #2: Discussion on unclaimed property Agenda Item #3: Resource Project for AG office and Nonprofits Agenda Item #4: Update on E-filing in Michigan Agenda Item #5: AG/Charitable Trust Section Update Agenda Item #6: Upcoming State and Federal Legislative Actions Agenda Item #7: Update on Staying Legal website Agenda Item #8: Next Steps The meeting was adjourned at 2:43 p.m. June 21, 2006 Attendees: Council Members – Gary Gordon (chair), Susan Broman, Elizabeth Cherin, Rob Collier, Sandra Cotter, Susan Perlin, Peter Remington, Ralph Rumsey, Jim Sandy, Sam Singh Staff (Attorney General) – Katharyn Barron, Pat Conley, Joe Kylman Guest – Mike Cox, Attorney General, State of Michigan Staff (Michigan Nonprofit Association) – Erin Skene, Arlyn King, Tiffany Aurora Absent: Council Members - Robert Aronson, Delois Caldwell, Bill Rustem and Stephen Skorcz Meeting Summary: Agenda Item #1: Welcome and Introductions Agenda item #2: Discussion on Proposed Content for "Staying Legal" Agenda item #3: Update on E-Filing in Michigan Agenda item #4: AG/Charitable Trust Section Update Agenda item #5: Discussion on Proposed State and Federal Changes to Nonprofit Oversight Rob Collier presented Positions and Action Steps of the Council of Michigan Foundations (CMF) on the Issue of Donor Intent. Collier reported that CMF is working with Reps Dillon and Huizenga on HB 6153 to address concerns about their legislation. Agenda item #6: Next Steps The next meeting of the Nonprofit Council on Charitable Trusts will take place on October 11, 2006 from 1:00 – 3:00 p.m. It was requested that “Unclaimed Property” be an item for discussion on that agenda. Meeting Adjourned at 2:59 p.m. February 22, 2006 Attendees: Council Members – Gary Gordon (chair), Susan Broman, Elizabeth Cherin, Rob Collier, Sandra Cotter, Chris Nelson, Peter Remington, Ralph Rumsey, Jim Sandy, Sam Singh Staff (Attorney General) – Katharyn Barron, Pat Conley, Joe Kylman, Tracy Sonneborn Guest – Tom Pollak, National Center for Charitable Statistics–Urban Institute Staff (Michigan Nonprofit Association) – Erin Skene, Arlyn King Absent: Council Members –Robert Aronson, Susan Perlin, Bill Rustem Meeting Summary: Agenda item #1: Welcome and Introductions Agenda item #2: Introduction of the new Charitable Trust Section Administrator Agenda item #3: Discussion and Update on E-Filing in Michigan and across the US Tom Pollak with the National Center for Charitable Statistics provided a national view of e-filing. NCCS has an online filing system that allows for 990EZ filing. The goal is to get all 990 information easily available electronically and to have it in a user-friendly format. He mentioned that they hope to improve the quality of 990 data through the e-filing system as it will provide faster feedback electronically. He reported that Pennsylvania and Colorado are online already with e-filing systems, and that New York and Mississippi will be online soon. NCCS is working with state charities to develop useful technology for states to use inexpensively (www.990online.org) Agenda item #4: Presentation of Publication “The Value of Relationships with State Regulators and Philanthropy” Agenda item #5: AG/Charitable Trust Section Update Agenda item #6: Update on Proposed State and Federal Changes to Nonprofit Oversight. Agenda item #7: Next Steps It was requested that a document be developed on the Council. Tom Pollak listed www.coststudy.org for functional cost allocation reference. Chris Nelson said the 990 is too simple of a form to adequately explain all of the differences in 501(3)(c)’s and mentioned that the quality of data in the 990 is in question. He said the United Way will be making comments. November 15, 2005 Attendees: Council Members – Delois Caldwell, Elizabeth Cherin, Rob Collier, Sandra Cotter, Susan Perlin, Peter Remington, Ralph Rumsey, Sam Singh Staff (Attorney General) – Katharyn Barron, Marion Gorton, Joe Kylman, Tracy Sonneborn Staff (Michigan Nonprofit Association) – Erin Skene, Arlyn King, Syed Ahmad Absent: Council Members – Gary Gordon (chair), Robert Aronson, Susan Broman, Chris Nelson, Bill Rustem, Jim Sandy Meeting Summary: Agenda item #1: Welcome and introductions Agenda item #2: Discussion on Dissemination for the AG’s Wise Charitable Giving Brochure Agenda item #3: Update on E-Filing and Proposed Changes to Form 990 Series Agenda item #4: AG/Charitable Trust Section Update Agenda item #5: Comment on Recently Released Revised IRS Form 990 Draft Agenda item #6: Update on Proposed State and Federal Changes to Nonprofit Oversight Develop the “Staying Legal” website Agenda item #7: Review of Nonprofit Council Activities June 1, 2005 Attendees: Council Members – Gary Gordon (chair), Elizabeth Cherin, Rob Collier, Sandra Cotter, Chris Nelson, Peter Remington, Ralph Rumsey, Sam Singh Staff (Attorney General) – Katharyn Barron, Jenifer Esch, Marion Gorton, Joe Kylman, Tracy Sonneborn Staff (Michigan Nonprofit Association) – Erin Skene, Arlyn King Absent: Council Members – Robert Aronson, Susan Broman, Delois Caldwell, Susan Perlin, Bill Rustem, Jim Sandy Meeting Summary: Agenda item #1: Welcome and introductions Agenda item #2: Discussion on Educational Efforts for Sector on Compliance Agenda item #3: Update on Recent Research on Accreditation/Best Practices and MNA Principles and Practices Agenda item #4: AG/Charitable Trust Section Update Agenda item #5: Update on Proposed Federal Changes to Nonprofit Oversight Agenda item #6: Next Steps
February 8, 2005 Attendees: Council Members – Carol Isaacs (chair), Elizabeth Cherin, Rob Collier, Delois Caldwell, Chris Nelson, Susan Perlin, Peter Remington, Ralph Rumsey Staff (Attorney General) – Katharyn Barron, Marion Gorton, Joe Kylman, Jenifer Esch, Tracy Sonneborn Staff ( Michigan Nonprofit Association) – Erin Skene, Robin Lynn Grinnell Arlyn King Absent: Council Members – Robert Aronson, Susan Broman, Sandra Cotter, Bill Rustem, Jim Sandy, Sam Singh Meeting Summary: Agenda item #1: Welcome and introductions Katharyn Barron opened the meeting by welcoming everyone and apologizing for the unavoidable absence of the Council Chair Carol Isaacs (who joined the meeting later). Agenda item #2: Presentation of MNA Principles and Practices Robin Lynn Grinnell presented on the Principles and Practices for Nonprofit Excellence in Michigan.. The committee raised issues concerning the risk management portion and legal obligations of the document. It was the recommended that the document contain a summary of key Michigan laws affecting 501(c)(3)s and to emphasize which items are best practices recommendations and which items are actual laws. Agenda item #3: Review of the Charitable Trust Section Website Marion Gorton provided an overview of the Charitable Trust Section portion of the Attorney General Website. Specifically, she reviewed the available forms and information displayed on the site. It was suggested that in the listing of licensed organizations, that the organization’s status for license, i.e. pending, retroactive, etc be included. It was also suggested that licensed fundraisers be listed on the website to encourage compliance. It was mentioned that perhaps the Attorney General website could provide a link to the MNA’s Principles and Practices. Agenda item #4: AG/Charitable Trust Section Update Tracy Sonneborn reported on developments in some of the cases reviewed by the Section. One case involved the original intent of a donor in regards to a dissolving fund. The second case of interest involved a situation where a settlement by a trustee had not been reported to the Attorney General. Next, Marion Gorton mentioned that the Attorney General will deny solicitation licenses occasionally for 1) failure to provide information; 2) evidence that donors were misled or misuse of funds, and 3) failure to provide accurate accounting. It was noted that organizations are given a chance to correct deficient 990’s. Finally, Joe Klyman provided an update on the status of e-filing requirements by the IRS. It was noted that organizations with $100M or more in total assets will be required to e-file their 2005 Form 990 in 2006. Organizations with $10M or more in total assets will be required to e-file their 2006 Form 990 in 2007. Private foundations, regardless of size or assets, will also be required to e-file Form 990-PF in 2007. Agenda item #5:Update on the US Senate Finance Committee Actions Erin Skene reported that National Panel on the Nonprofit Sector, created by INDEPENDENT SECTOR, is reviewing the governance, oversight and transparency changes proposed by staff of the U.S. Senate Finance Committee. Ms. Skene reported that a final report is expected to be provided by the Panel in June. Also it was mentioned that Michigan would be hosting a Town Hall Meeting to provide feedback to the Panel on April 27 th in Dearborn. Agenda item #6:Next Steps
August 24, 2004 Attendees: Council Members – Carol Isaacs (chair), Susan Broman, Elizabeth Cherin, Rob Collier, Sandra Cotter, Chris Nelson, Susan Perlin, Peter Remington, Ralph Rumsey, Jim Sandy, Sam Singh. Staff (Attorney General) – Katharyn Barron, Deena Bosworth, Stewart Freeman, Marion Gorton, Joe Kylman, Mike Leffler. Staff ( Michigan Nonprofit Association) – Erin Skene, Arlyn King. Absent: Council Members – Robert Aronson, Delois Caldwell, Bill Rustem. Meeting Summary: Agenda item #1: Welcome and introductions Carol Isaacs, chair of the committee, opened up the meeting by welcoming everyone and introducing Mike Leffler, newly appointed Bureau Chief. Agenda item #2: Council Membership Composition Carol Isaacs inquired of the council if anyone felt a nonprofit constituent group was not represented in the council. It was suggested that Health Care/ Hospital; Education, Arts and small Nonprofits be represented. Carol Isaacs requested that any names be submitted before the next Council meeting. Agenda item #3: Discussion on recent U.S. Senate nonprofit oversight reform proposals Erin Skene gave an overview regarding the Senate’s discussion for the reform. It was mentioned that the Senate Finance Committee had released a discussion draft paper on several possible changes to federal oversight of charities. The Nonprofit Council reviewed some of the recommendations and discussed specific suggestions on improving the sharing of information between the IRS and state attorney generals, e-filing of IRS Form 990 and nonprofit conversions. The Council agreed to support policy that improved the sharing of relationship between the IRS and state attorney generals and agreed that e-filing is an important change to government oversight of charities. Council members instructed MNA to develop a letter to the Senate Finance Committee indicating support of these recommendations and to circulate the letter to the Council for its approval. Agenda item #4: General discussion on electronic data collection efforts on the federal and various state levels Marion Gorton reported that Pennsylvania and Colorado have electronic registration filing and that the IRS is moving towards electronic registration for all 990 filers. It was discussed that the IRS would most likely phase-in this requirement over the next five years or so. Information was provided to the Council regarding the purpose of e-filing. Carol Isaacs pointed out that software and hardware would be needed to support the receipt of the information in Michigan. Additional items to consider prior to implementation of e-filing in Michigan would be rollout, announcement, regional meetings, trainings, and deadlines. It was also mentioned that a majority of 990 reporting is completed by professional services and software for these services may not be complete for several years. It was suggested that the Michigan Association of CPAs should be involved in future conversations on the topic. Agenda item #5:Update on Revisions to Charitable Organization and Solicitations Act Erin Skene reported that SB 1115 passed the Senate in July, with an understanding that additional concerns regarding the bill would be addressed prior to passage in the House. Agenda item #6:Update on MNA nonprofit benchmarks and principles for practice Sam Singh reported that MNA would be presenting a finalized draft of the Nonprofit Principles for Practice for Michigan at the upcoming Nonprofit Day conference September 23. He also indicated that MNA would be building educational curriculum around the finalized product. Agenda item #7:Next Steps
April 15 Meeting Summary Attendees: Council Members – Carol Isaacs (chair), Susan Broman, Delois Caldwell, Elizabeth Cherin, Rob Collier, Sandra Cotter, Chris Nelson, Susan Perlin, Peter Remington, Jim Sandy, Sam Singh. Staff (Attorney General) – Katharyn Barron, Stewart Freeman, Marion Gorton, Bob Ianni, Ronda King, Joe Kylman, Tracy Sonneborn. Staff ( Michigan Nonprofit Association) – Erin Skene. Absent: Council Members – Robert Aronson, Ralph Rumsey, Bill Rustem. Meeting Summary: Agenda item #1 Carol Isaacs, chair of the committee, opened up the meeting by welcoming everyone and emphasizing her personal and the Attorney General’s dedication and interest in the work of the Council. Agenda item #2 To provide the Council with Back to topground on the various statutes administered and enforced by the Attorney General Charitable Trust Section, Marion Gorton and Tracy Sonneborn provided an overview of the following:
Sonneborn also mentioned that the Attorney General monitors between 350-400 charitable estates, and works with the courts to ensure the donors’ desires are met. Joe Kylman was also introduced to the Council as the Attorney General staff member who assists with collecting and analyzing financial records of registered organizations. The issue was raised by the Council regarding the willingness of the nonprofit sector, particularly the United Ways across the state, to work with the Attorney General’s office to develop a timeline to avoid the large mass of information requested during United Way campaign times and employee drives. The Council was also informed that a revision to the Charitable Organization and Solicitation Act had been introduced by Senator Tom George on March 18 (SB 1115). Isaacs indicated that the Attorney General’s office looks forward to working with the Council on this bill, and introduced Ronda King as an Attorney General staff member who will be working on this issue. Isaacs also said that due to the condition of the state budget that the Attorney General’s office took a 30% cut to its funding for the department. Citing the capacity of the Charitable Trust Section, Isaacs said that the introduction of fees provided in the revision would be instrumental in seeing passage of the bill. To provide for greater detail on how funds raised through registration would be spent, Ms. Isaacs said that the Attorney General’s office would provide projections on the financial costs associated with the proposed changes. Council members also discussed the importance of crafting a strong message for the nonprofit community regarding changes to the current law. The following Council members agreed to serve on a sub-committee to provide feedBack to top on SB 1115:
Agenda item #3 Erin Skene, Michigan Nonprofit Association, presented a draft of a document on wise giving. Prior to the meeting, this draft had been reviewed by Council members Libby Cherin, Peter Remington, Delois Caldwell and by Attorney General staff member Stewart Freeman. The Council offered several changes to the text and design of the document. The one-pager, meant to educate the public on best practices for making donations to organizations, will be revised and shared with the Council members again for review. The Council also requested that focus groups with senior citizens be convened to provide feedBack to top. In addition, Council member Peter Remington agreed to inquire about some assistance from advertising experts on the language and design. Attached is the first draft presented to the Council. Agenda item #4 Sam Singh, Michigan Nonprofit Association, provided an overview for the Council regarding the Michigan Nonprofit Association’s work to create benchmarks or standards for nonprofit excellence. Singh also mentioned that a few Council members provided feedBack to top on the standards prior to the meeting, including Ralph Rumsey, Susan Perlin and Chris Nelson. Council members were in favor of the concept of standards for nonprofit excellence and requested that Singh report on the progress of the project at the July meeting. However, members indicated that the document should reference what aspects of the standards are truly best practices and what are required by law. Attached are the materials provided by Singh at the meeting. Agenda item #5 The following is a list of next steps as determined by the Council:
January 14 Meeting Summary Attendees: Council Members – Susan Broman, Delois Caldwell, Elizabeth Cherin, Rob Collier, Chris Nelson, Susan Perlin, Peter Remington, Ralph Rumsey, William Rustem, Sam Singh. Staff (Attorney General) – Katharyn Barron, Deena Bosworth, Stewart Freeman, Marion Gorton, Bob Ianni. Staff ( Michigan Nonprofit Association) – Erin Skene. Absent: Council Members – Carol Isaacs, Robert Aronson, Sandra Cotter and Jim Sandy. Meeting Summary: The first meeting of the Nonprofit Council for Charitable Trusts was held on Wednesday, January 14, 2004 from 1:00 p.m. to 4:00 p.m. The meeting was held in the G. Mennan Williams Building in Lansing. Due to illness the chair Ms. Carol Isaacs, Chief Deputy Attorney General, was unable to attend. Mr. Robert Ianni, Bureau Chief of the Consumer Protection Bureau of the Attorney General’s office, led the meeting in Ms. Isaacs’ absence. To orient the Council members on the groups coordinating the Council, Ms. Marion Gorton, Mr. Sam Singh and Ms. Erin Skene provided presentations on the Attorney General Charitable Trust Section and the Michigan Nonprofit Association, respectively. Ms. Gorton shared with the committee that the major roles of the Charitable Trust Section are to 1) administer the law, 2) enforce the law, 3) act as a public repository on Michigan charities, fundraisers and public safety organizations, and 4) provide information to donors. Mr. Singh and Ms. Skene provided an overview of the role of the Michigan Nonprofit Association, which was described as 1) the collective voice of Michigan’s nonprofit sector, 2) a statewide network for the sector, 3) a resource center on effective management practices and 4) an advocate for the nonprofit community. Next, Mr. Ianni led the Council in a discussion regarding its goals and objectives. Members agreed on the following goals and objectives:
In addition, the group expressed interest in:
Also during the meeting, Attorney General Mike Cox introduced himself to the Council and stated his support for the group. Based on the interest in the issues discussed, participants indicated that they would like to meet on a quarterly basis. |
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