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09-08-2022 Questions and Answers

09-08-2022 Questions and Answers 1200 628 Jill Pioter

Q: What is national’s official position on having co-presidents within a Conference?

A: The National Council’s official stand is that co-presidents in a Conference are not recommended. Too many problems occur with co-presidencies and it is difficult for Vincentian members and the National Council to know who to go to for issues and/or concerns that may arise. This is why we have vice-presidents. One president per Conference is sufficient.

Spanish Translation

P: ¿Cuál es la posición oficial de National sobre tener copresidentes dentro de una Conferencia?

R: La posición oficial del Consejo Nacional es que no se recomiendan copresidentes en una Conferencia. Ocurren demasiados problemas con las copresidencias y es difícil para los miembros Vicentinos y el Consejo Nacional saber a quién acudir para los problemas y/o inquietudes que puedan surgir. Por eso tenemos vicepresidentes. Un presidente por Conferencia es suficiente.

Governance: Owners and Stakeholders — Part Two

Governance: Owners and Stakeholders — Part Two 1200 628 Jill Pioter

Last week we discussed five groups of people who should be considered stakeholders in what we do as Vincentians. Here are five additional groups:

  • Collaborative Nonprofit Organizations
  • Governmental Entities
  • The Community At Large
  • The Local Bishop (in the case of all Catholic organizations)
  • Pastors and Clergy (in the case of any Catholic organization supported by a parish)

Other nonprofit organizations are stakeholders. We all share a com­mon goal to some degree. All nonprofits influence other nonprofit or­ganizations in their community. Especially important are those nonprofits that we partner with. If the Society does something to dam­age its reputation, then those that collaborate with it also may suffer collateral damage.

Every nonprofit needs other nonprofits to accomplish larger projects. With diversity of missions nonprofits can share the overall needs of those served by sharing our strengths with each other. For example, a person may need shelter that is provided by another nonprofit while the same person also needs clothing or food that is available from our Society.

The city, county, state, and federal govern­ments are additional stakeholders. Nonprofits and their volunteers are significant contributors to the support of the responsibilities of all these governmental entities. If federal and state governments did not allow donations to nonprofits to be tax-deductible, much of our work would be impossible to fund. If nonprofit organizations did not exist, it would be left up to the gov­erning bodies to provide necessary services to the public. Government agencies are very interested in what is done, how it is done, and the level of effectiveness and efficiency with which it is accomplished. They are also responsible to ensure that all laws are followed and that services provided do no harm to those who are served.

The entire community is a stakeholder. It has an interest in how those in need are served. The overall community and its image are improved when the disadvantaged are taken care of. The community is then thought of as a better place to live, raise children and experience a better quality of life. Where the care of those in need is provided by nonprof­its, the taxes necessary for broader social services are lessened.

Residents of the community often consider themselves “owners” of our Society. Because the people of the community see our work, some become donors, some volunteer and some know of someone who was served. Most agree with our work and readily identify with what we do even though they may not be directly involved. They may simply know that the Society of St. Vincent de Paul is in their community and helping the poor. That knowledge is im­portant to them.

The finances of the nonprofit corporation are also more important to a wider community than the finances of a for-profit. Everyone who contributes in some way, who receives services, or who simply knows about its work consider themselves an owner or stakeholder. There is a perceived level of stewardship by the community. They expect the nonprofit to be run efficiently and that the money donated or granted to it goes toward intended programs. In fact, many people believe that nonprofit organizations should have plain, inexpensive offices and equipment. To them it is an indication that most of the donations are given to the poor and not to the people running the nonprofit. The people of the community will not tolerate what they consider to be excessive salaries.  In their eyes a nonprofit employee is really a dedicated volunteer and does the work because of a love of the mission and not for a well-paid job. For many employees that is a reality.

In our Society we recognize the need to maximize the amount of our donations that goes directly to those in need. But that maximization cannot come at the expense of our employees who deserve adequate wages. The Society’s Voice of the Poor Committee has developed a policy about a just wage for our employees. That policy has been approved by the National Council Members.

In the case of Catholic organizations, the local Bishop is responsible for all activities related to the Church in his Diocese. Because our Society is in the Diocese at the pleasure of the Bishop, he is a stakeholder. He allows us to be in the parishes because of our close relationship to the Church and the work we do for Christ’s poor. Because the way we operate directly reflects on the Diocese in the eyes of the community, and because our Society also contributes to the spiritual growth of its members and evangelizes by its members’ actions, the Bishop has great interest in what we do. He knows that we assist in fulfilling the Church’s preferential option for the poor. This vital relationship requires regular and close attention. Keeping your Bishop informed about the activities and achievements of your Council should be a high priority.

Pastors and Clergy are stakeholders for reasons similar to those of the Bishop. Our presence in the parish helps the pastor and other clergy serve the poor and relieves the parish burden of responding to the needs of people coming to the Church for assistance. Always keep in mind that St. Vincent de Paul serves in the parish with the pastor’s permission.

(The source of this article is Governance: Council and Board, the original version of which was authored by former National Vice President Terry Wilson.)

 

Governance: Owners and Stakeholders — Part One

Governance: Owners and Stakeholders — Part One 1200 628 Jill Pioter

The source of this article is Governance:  Council and Board, the original version of which was authored by former National Vice President Terry Wilson.

Have you ever considered the audiences you have as a Vincentian and especially as a Vincentian leader? Whether you are a Conference or Council President, a member of a Board of Directors, serve on a Committee, or are an active or associate member of a Conference there are a number of people to whom you are accountable, are your audience, or have a stake in what you do and how you do it. We call these people “stakeholders.”

In for-profit companies the finances are mainly of interest to those who own the corporation or those interested in becoming owners. Nonprofit corporations, however, have many “owners,” also known as stakeholders. This week we’ll discuss five of these groups and in the next issue an additional five.

  • Members
  • Those They Serve
  • Donors
  • Volunteers
  • Employees

Let’s talk about these one at a time:

Members are stakeholders. In the Society of St. Vincent de Paul, most Vincentians consider their work to be a vocation. They believe in the mission and have invested heavily with their time, talent, and resources to help achieve it. More than that, it is often their very way of life.

The needs of those served make them stakeholders. For example, our Society’s mission is carried out by supplying people in need with serv­ices and goods they require to live a decent life. In many cases our help is the difference between the abject poverty of living on the street or the peace of having a place of their own in which to live.

Our Society’s work goes beyond food, shelter, clothes, furniture, etc. When life circumstances such as illness, job loss, or poor decisions fall heavily on a person or family, Vincentians can bring hope, share our spirituality, and provide at least for basic needs.

Donors make our work possible. They want to be sure their dona­tions are used to achieve the greatest amount of benefits for the program to which they contributed. Even though they know it is not possible, they would like every dollar they give to go directly to those in need.

Donors give of their time and money because they believe in what we do and how we do it. They want to find a way to give to the poor or make a difference in someone’s life. Our Society and the way we oper­ate gives them confidence that their support will achieve their desires to help those in need.

Volunteers are closely aligned with any nonprofit, especially ours. They desire to contribute to those in need and to give back to the community for their own good fortune. They see the Society as a well-run organiza­tion that knows how to reach those in need and assist them. It is not uncommon that a volunteer will eventually become a member.

Employees work for any corporation or business to provide for their own needs.  In our Society they become our partners in our mis­sion. More than that, they become believers in our work and who we are. We expect them to present themselves to those we serve and the public in the same way a member does. They are often so involved that you find it hard to separate them from our Vincentian members.

They are true stakeholders because they both support and foster the mission and because they need to earn a living. Some may even be will­ing to continue to work for less than they can earn elsewhere. The Soci­ety has a responsibility to pay a living wage and provide necessary benefits. All members of the Society must ask: How can we live out our mission to help others if our own employees are underpaid?

(The source of this article is Governance:  Council and Board, the original version of which was authored by former National Vice President Terry Wilson.)

08-25-2022 Questions and Answers

08-25-2022 Questions and Answers 1200 628 Jill Pioter

Q: We have a situation with a Conference working with an individual who is “cheating the system” to get more help. Would it be wise for them to report this to the police or just let it go? 

A: One of the categories in our non-discrimination statement is “criminal justice status.” We also are concerned about the safety of children and vulnerable adults. If the suspicion of “cheating the system” is serious enough then it should be reported, as a matter of conscience.

Q: When two meetings are held in the month — can the Reflection be omitted from one of the meetings to shorten the length of the meeting? I always believed having a Reflection item on the agenda was a necessary item in all meetings.

A: All meetings must incorporate spirituality, fellowship, and service. While it could take several forms of varying lengths, some element of Spirituality must be included in every meeting agenda.

Spanish Translation

P: Tenemos una situación con una Conferencia que trabaja con una persona que está “engañando al sistema” para obtener más ayuda. ¿Sería prudente para ellos informar esto a la policía o simplemente dejarlo pasar? 

R: Una de las categorías en nuestra declaración de no discriminación es “estado de justicia criminal.” También nos preocupa la seguridad de los niños y adultos vulnerables. Si la sospecha de “engañar al sistema” es lo suficientemente grave, debe denunciarse, como cuestión de conciencia.

P: Cuando se llevan a cabo dos reuniones en el mes, ¿se puede omitir la Reflexión de una de las reuniones para acortar la duración de la reunión? Siempre creí que tener un tema de Reflexión en la agenda era un tema necesario en todas las reuniones.

R: Todas las reuniones deben incorporar espiritualidad, compañerismo y servicio. Si bien podría tomar varias formas de duración variable, se debe incluir algún elemento de espiritualidad en la agenda de cada reunión.

Governance: Annual Review — Part Two

Governance: Annual Review — Part Two 1200 628 Jill Pioter

IRS Form 990

The IRS requires all nonprofits to submit a Form 990 describing their financials and works at the end of their fiscal year. The IRS gives our Councils and Conferences until February 15 of the following year to submit this report. However, not all Conferences are required to submit it.

Only those Conferences that have their own EIN need to submit this report. For all Conferences that have been allowed to use their Council’s EIN, the Council (District or Diocesan) will submit a consolidated 990 to the IRS which includes the Conference information. (Additional information about Exemption Requirements – 501(c)(3) and submitting Form 990 tax returns appears at the end of this article.)

Guidelines

The Conference guidelines for service should be reviewed each year during October and/or November to ensure that they reflect current conditions. This is the time that changes in the guidelines should be considered. However, the guidelines are the work of the Conference members and they may change them at any time. There is nothing magic about this time of year. A regular review is good practice.

Audit

This is the time of year recommended for all Conferences to have an annual audit. This is an informal audit and may be done by two or three members of the Conference, but not by those responsible for accounting or disbursing funds. The purpose of the audit is not to find fault. Its purpose is to assure the members of the Conference that all proper procedures are being followed and all the funds of the Conference have been reconciled on a regular basis. It is recommended that an audit take place when a new President takes office.

The National Council website has a sample audit procedure on the Growth & Revitalization page under Conference Officer Training (click here: https://members.ssvpusa.org/growth-revitalization/conference-officer-training/).

Recordkeeping

In the Manual of the Society there is a list of the various types of documents and records that the Conferences typically deal with. Some are kept permanently. Some are kept for seven years and then destroyed. Some are kept for three years and then destroyed. Some are kept for one year.

The beginning of the fiscal year is the time for the Secretary and Treasurer to review their records and do what is appropriate with each type of document.

Summary

The beginning of the fiscal year is a time to ensure that everything related to last year has been properly reviewed and reported. It is also time for records to be properly stored. This is a time when Conference members should have every assurance that they are moving into the new fiscal year in good form.

*****

Additional Information

The following guidance was prepared in collaboration with Nancy Pino, Chief Financial Officer – Chief Operating Officer of the National Council of the United States, and Sherry Brown, Executive Administrative Associate at the National Office.

Exemption Requirements – 501(c)(3)

Unlike Churches, Society of St Vincent de Paul Councils and Conferences are required to apply for, obtain, and maintain an IRS tax exemption. The National Council proposes three options for securing tax-exempt status.

Option #1: Conferences operate as Integrated Units of a Council, all operating under one tax exemption and Federal Employer Identification Number (EIN). The Council annually files one consolidated 990 for all entities using its EIN.

Option #2: Each Conference or Council is responsible for itself only, each securing its own tax exemption and EIN. Each entity is required to annually file a 990 under their individual EIN.

Option #3: Council secures its own EIN and tax-exempt status and a group letter ruling with the IRS, sharing its tax exemption with a group, but each Council and Conference having its own EIN. Each member of the group ruling is required to file a 990 under their individual EIN.

Form 990

Tax-exempt organizations, such as the Society of St. Vincent de Paul, which operate with a 501(c)(3) status are obligated to report their activities to the Internal Revenue Service on an annual basis. This reporting is done on Form 990, Return of Organization Exempt From Income Tax. The form is intended to give the IRS and the public a picture of the organization’s activities each year. Some donors rely on Form 990 as their primary or sole source of information about a particular organization when selecting charities to support.

Form 990 includes information about the organization’s finances, governance, and compliance with certain IRS rules and reporting requirements. Additional schedules may be required depending upon the activities of the entity.

Generally, subsidiary Conferences that are using the Council’s EIN can rely upon the Council to submit a Form 990 to the IRS using information they provide to their Council. If your Conference or Council has its own EIN, it must file a 990 series report every year. Depending on your situation, this may be a 990, a 990-EZ, or a 990-N. A Conference whose tax exemption is covered under a Council’s group ruling must annually submit a Form 990 for their individual EIN.

The Form 990 is due on the 15th day of the 5th month following the end of the organization’s taxable year. Your fiscal year should be set forth in the bylaws of the Conference or Council. For Conferences and Councils with a September 30 fiscal year end, the due date is February 15. For those on a calendar year (December 31), the date is May 15. A six-month extension may be secured by filing Form 8868.

Timely filing of Form 990 each year is critical. If you miss the filing deadline, you will owe a late penalty. Failure to file a 990 for three successive years will result in an automatic revocation of your tax-exempt status. If your status is revoked, you will have to file a Form 1023 for tax-exempt status, pay the filing fee, and wait for the IRS to approve your status. If a Council’s tax-exempt status is revoked, all Conferences which use the Council’s EIN and operate under the Council are not tax-exempt.

Which form 990 do we file? As of the date of this writing, the general guidelines are as follows:

  • Gross receipts of $50,000 or less and not filing a Group Return: may file a 990-N.
  • Gross receipts between $50,000 and $200,000 AND total assets less than $500,000, and not filing a Group Return: may file a 990-EZ.
  • Gross receipts of $200,000 or more, or total assets of $500,000 or more, and filing a Group Return: may file a 990.

There are exceptions to these rules that should be reviewed and those eligible to file a 990-N or 990-EZ, may choose to file a 990. This article should not be considered legal or tax advice. Details related to each Council or Conference will differ, and Conferences and Councils are encouraged to seek professional advice by hiring an accounting firm, Certified Public Accountant, or attorney familiar with tax-exempt organizations. These professionals will review the Council’s or Conference’s operations, organizational and legal status, and finances in order to determine the application of all rules under its specific circumstances and to prepare the appropriate Form 990 return.

08-18-2022 Questions and Answers

08-18-2022 Questions and Answers 1200 628 Jill Pioter

Q: I understand that an Executive Director (ED) is an ex-officio member of all standing committees. Is he also an automatic member of the Board of directors and entitled to attend any meeting (including Executive board meetings)?

A: In the Bylaws, The CEO/ED is normally included as a non-voting Board Member and officer.  As such, the CEO/ED is also included in the Executive Committee. However, if part of a board meeting is to discuss matters related specifically to the CEO/ED’s performance or review, then the Board or Executive Committee may go into Executive Session which would only include voting Board Members.

Q: One board member who is limited in personal income has asked to be compensated for his time spent working on computer/printer needs. He did not ask to be paid for the camera he volunteered to install. Should we reimburse this member for work which previously was either done voluntarily or was done without bringing a request for compensation to the board in advance for approval?

A: If there was no clear expectation in advance by both parties that compensation was necessary for the work to be done. Within SVdP, members should be reimbursed for expenses they incur when doing SVdP work, but they should not be expected to be paid for their time unless there was a prior agreement in place.

Spanish Translation

P: Entiendo que un director ejecutivo (ED) es un miembro exoficio de todos los comités permanentes. ¿Es también miembro automático de la Junta Directiva y tiene derecho a asistir a cualquier reunión (incluidas las reuniones de la Junta Ejecutiva)?

R: En los estatutos, el CEO/ED normalmente se incluye como miembro de la Junta y funcionario sin derecho a voto. Como tal, el CEO/ED también está incluido en el Comité Ejecutivo. Sin embargo, si parte de una reunión de la junta es para discutir asuntos relacionados específicamente con el desempeño o la revisión del CEO/ED, entonces la Junta o el Comité Ejecutivo pueden pasar a una Sesión Ejecutiva que solo incluiría a los miembros de la Junta con derecho a voto.

P: Un miembro de la junta que tiene ingresos personales limitados ha pedido que se le compense por el tiempo que dedica a trabajar con computadoras/impresoras. No pidió que le pagaran por la cámara que se ofreció a instalar. ¿Deberíamos reembolsar a este miembro por el trabajo que anteriormente se realizó voluntariamente o se realizó sin presentar una solicitud de compensación a la junta por adelantado para su aprobación?

R: Ambas partes tenían que clarificar las expectativas de antemano si es necesaria una compensación para realizar el trabajo. Dentro de SVdP, los miembros deben ser reembolsados ​​por los gastos en los que incurren cuando realizan el trabajo de SVdP, pero no se debe esperar que se les pague por su tiempo, a menos que haya un acuerdo previo en vigor.

08-11-2022 Questions and Answers

08-11-2022 Questions and Answers 1200 628 Jill Pioter

Q: It is my understanding that only presidents of aggregated Conferences can be voting members of a District Council. Is this correct?

A: The Rule, Part III, Statute 10 specifies that District Councils represent a minimum of three, and ideally a maximum twelve Conferences in an (Arch)diocese. Although there is no specification that the Conferences have to be aggregated in the Rule, when a District Council applies for Institution, there is a requirement that at least three of the Conferences must be aggregated. In the nationally approved bylaws for District Councils, there is no specification that affiliated Conferences must be aggregated to be voting members of the District Council.  However, it is highly recommended that Conferences get aggregated as soon as they are eligible (after one year of service).

Q:  Can a paid employee vote in SVdP elections?

A:  The answer can be found in the Rule Part III Statute 14. As the statute states, “employees of the Society … may serve in a Conference other than holding any office. Paid staff cannot be officers at any level in the Society; however paid staff who are active members of a Conference may vote on all issues (including elections) except those which may affect their jobs.”

Spanish Translation

P: Tengo entendido que solo los presidentes de Conferencias agregadas pueden ser miembros con derecho a voto de un Consejo de Distrito. ¿Es esto correcto?

R: La Regla, Parte III, Estatuto 10 especifica que los Consejos de Distrito representan un mínimo de tres, e idealmente un máximo de doce, Conferencias en una (Arqui)diócesis. Aunque no se especifica que las Conferencias deban agregarse en la Regla, cuando un Consejo de Distrito solicita la Institución, existe el requisito de que al menos tres de las Conferencias deben ser agregadas. En los estatutos aprobados a nivel nacional para los Consejos de Distrito, no se especifica que las Conferencias afiliadas deban agregarse para ser miembros con derecho a voto en el Consejo. Sin embargo, se recomienda encarecidamente que las Conferencias se agreguen tan pronto como sean elegibles (después de un año de servicio).

P: ¿Puede un empleado asalariado votar en las elecciones de SVdP?

R:  La respuesta se puede encontrar en la Regla Parte III del Estatuto 14. Como establece el estatuto, los empleados de la Sociedad pueden servir en una Conferencia además de ocupar cualquier cargo. El personal asalariado no puede ser funcionario en ningún nivel de la Sociedad; sin embargo, el personal asalariado que sea miembro activo de una Conferencia puede votar sobre todos los asuntos (incluidas las elecciones), excepto aquellos que puedan afectar sus puestos de trabajo.

 

Governance: What is Meant by “Hoarding” in a St. Vincent de Paul Context — Part Two

Governance: What is Meant by “Hoarding” in a St. Vincent de Paul Context — Part Two 1200 628 Jill Pioter

Within the documents of the Society of St. Vincent de Paul, there are found a number of instances where hoarding is prohibited. Please look at the Appendix to this document to see those specific references. Unfortunately, there is no specific place in the SVdP documents where the word hoarding is actually defined. There have been many times over the years that the National Office has been called to give a definition so our members can have a better understanding of the prohibition. The explanation was given a number of times in the Q&A section of the National Council’s Frederic’s e-Gazette. However, it has been deemed appropriate by the National Governance Committee to give a formal definition.

Webster’s New Collegiate Dictionary defines hoarding as “to collect and lay-up, amass and conceal.” The considerations related to hoarding within the Society of St. Vincent de Paul, however, are slightly different when looking at this from a Conference perspective and a Council perspective. We will treat each separately.

(For Frederic’s e-Gazette readers:  Part One addressed Conference considerations. Part Two deals with Council considerations.)

Council Considerations

TYPES OF FUNDING HELD BY COUNCILS

The first thing to keep in mind is that Councils do not do direct assistance. The primary purpose of the Council is to support the work of the Conferences. On the Council annual report, there is no designation for direct assistance. So, typically, the funds raised by the Council are for something other than direct assistance. The primary concern for hoarding is the decision to bank funds rather than give assistance to those in need.

Not all Councils have Special Works that provide direct assistance. Usually when they do, they have designated fundraising to support those Special Works. If a Council receives donations intended for direct assistance and they have no Special Works, then they should be distributing those funds in one fashion or another to the Conferences; if they do not, then that is hoarding.

The next consideration before answering the question “What is Hoarding?” is to understand the different types of funds that Councils may hold.

  1. General Donations: These funds are received from the Conferences, the public, other SVdP entities, general fundraising efforts of the Council, benefactors, general bequests, memorials, and organizations. There is no specific intent associated with these funds other than the assumption that the funds will be used for the purposes of the Society to support the work of the Conferences and better serve those in need. These funds are held in checking accounts, savings accounts, money market accounts, CDs, and other financial instruments that are essentially considered to be liquid (easily accessible). A few comments must be made related to the fundraising efforts by Councils. Special care must be given to the way fundraising appeals are made. Sometimes, a Council will create an appeal that looks to the donor as if the donation will be used for direct assistance to those in need when the actual intent of the Council was for the funds collected to be used for other purposes. If the implication from the appeal is different from the actual intent of the Council, then the appeal must be clarified. These funds can be susceptible to hoarding.      
  2. Donor-designated Funds: These funds are received from a donor (individual or organization) that identifies a specific purpose for the use of those funds. For example, an individual gives a check to a Council and on the line preceded by the word “for” the donor has specified “utility payments.” Another example is a check from a donor that is accompanied by a note or letter that designates the donation for a particular purpose. If the Council accepts the check, it accepts the responsibility to track those funds and only use those funds for utility payments. The funds cannot be used for any other purpose. In this case, if the Council has a Special Work that provides utility payments for those in need, then the Council must use the funds in that Special Work. If it does not, the funds can also be distributed to the Conferences to help make utility payments. Another example would be a Council receiving a check from ABC Organization for $10,000 to be used for rental assistance. If the check is accepted, the Council must hold those funds in reserve and only use those funds for rental assistance. The Council would do so in a similar way to that described for utility payments. The Council can also distribute the funds to the Conferences and the Conferences have a legal obligation to ensure the funds are not used for any other purpose. These funds must be used for the purpose given.  When not used for the purpose intended, these funds may also be considered as hoarding.
  3. Funds from Grants: These funds, for the most part, are similar to Donor-designated Funds. They are usually given for a specific purpose and that purpose must be honored. These funds must be used for the purpose given and are not susceptible to hoarding. However, sometimes, but rarely, grant funds are issued for general use by the Council. In this case the funds are treated the same as general donations. These funds must be used for the purpose given. When not used for the purpose intended, these funds may also be considered as hoarding.
  4. Capital Campaigns/Endowments/Disaster Relief: Capital campaigns are normally established to purchase land, buildings, special equipment, or fund special programs. Endowments may be established to provide special programs or services with ongoing income. Disaster relief funds are normally established to provide relief to people suffering from a recent disaster in the area. The key thing about these funds is that donors contribute to them for their specific purpose. These funds are collected for a specific purpose and can only be used for that purpose. These are treated the same as Donor-designated Funds. These funds must be used for the purpose given.  When not used for the purpose intended, these funds may also be considered as hoarding.
  5. Interest Earned/Investment Income: If funds are placed in financial instruments that gain interest or in an investment account that generates income, there are two options available:
    1. If the donor requires it, the interest earned/investment income on his/her donation must be used for the purpose of the fund for which it was originally designated.
    2. Otherwise, if the allocation of interest creates an unnecessary burden there is no legal requirement for the interest earned/investment income to be restricted for any purpose and may be used as the Council determines. It may create an unnecessary burden to try to allocate the interest to specific funds.
      All interest earned/investment income that is for general use is not susceptible to hoarding (see #1 – General Donations, under Council Considerations). All interest earned/investment income designated for direct assistance to those in need is susceptible to hoarding, if not used for the purpose intended. 
  6. Council-designated Funds: There are times when the Council takes a certain amount out of the general fund and sets it aside for a particular purpose. Those funds will remain in the designated area until the Council decides to use them for another purpose.  These Council-designated funds may be changed from one purpose to another as often as the Council decides. An example of this is a Council budget, where funds are designated to be spent for a fundraising dinner. The budget designations may be realigned at any time by the Council. These funds, having originated in the general fund, are not susceptible to hoarding.
  7. Council Reserve Accounts: Councils sometimes have fixed expenses. For these, the Manual’s recommendation is to maintain a balance for the future of up to six months of expenses. Councils, like Conferences should not seek financial security by building up excessive balances for future needs. There may be needs for capital campaigns, endowments, and disaster relief, but those are addressed in number 4 above. So, unless a Council has some fixed expenses, there is no need for a reserve account. Surplus funds should be shared generously with needy Conferences or Special Works of other Councils. The “balance for the future” and/or the reserve account may be susceptible to hoarding.
  8. Special Works Reserve Accounts: Stores and other Special Works that may be operated by a Council may legitimately have fixed expenses. The recommendation from the Manual is to maintain a balance for the future of up to six months of expenses. This balance for the future or reserve account should be maintained at such a reasonable and necessary level as the Council or the Board of Directors determines is needed to assure the financial stability of the Special Work. Surplus funds should be shared generously with more needy Conferences or Special Works of the Councils. There may be needs for capital campaigns and endowments but those are addressed in number 4 above. The “balance for the future” and/or the reserve account may be susceptible to hoarding.

So, it boils down to two types of funds that are held by the Council: those that are susceptible to hoarding and those that are not. Those funds that are designated for a particular purpose must be honored (by law) for that purpose. Our concern in this document is to define hoarding, so let us recap which funds are susceptible to hoarding:

  1. All funds designated for direct assistance to those in need (normally in Special Works);
  2. Grant funds designated for general use for direct assistance to those in need;
  3. Council Funds designated for direct assistance to those in need.

REFLECTIONS ON HOARDING RELATED TO COUNCILS

Regardless of the source of its income, a Council needs to start by asking if and why it is amassing funds. The following are guidelines and principals that should govern the use and accumulation of funds by Councils:

  • If the Council operates a Special Work, then it should consider having a reserve to operate that Special Work based on the expenses normally incurred over a period of time designated by the Council Board.
  • If the Council has employees or fixed expenses such as rent and utilities, then it should consider having a reserve to cover the expenses normally incurred over a period of time designated by the Council Board.
  • The Council should, as part of its annual budgeting process, set aside funds to share with those Conferences that have inadequate funds to meet the needs which they face to help people in need.

Hoarding occurs when a Council decides to keep funds in its financial instrument instead of using the funds as they were originally defined or to advance the purposes of the Society.

The fact is that once the Council in its Special Works decides that the request for direct assistance is legitimate and it has the resources to fulfill the request, then deciding to keep the money in the bank is the wrong decision.

There are Councils that do not have Special Works who use their funds to support the Conferences: training materials, running Ozanam Orientations or other workshops, holding days of recollection for spiritual growth, sending members to regional and national meetings, etc.   This spending fulfills the purpose of the Council and is not susceptible to hoarding unless the Council simply sits on the money.

It is wrong for a Council to decide to NOT use funds for the purpose for which they were donated. There are certain circumstances that may occur that would prevent a Council from using funds accumulated for a specific purpose. An example of this is the case of a Council collecting funds for a particular disaster in its area. If, after a period of time, funds are no longer needed to address the effects of the disaster, but the Council still has funds on hand, there are three ways to resolve the unused designated funds:

  1. The remaining funds may be returned to donors;
  2. The donors may be contacted to re-designate the use of those funds; or
  3. If it is not practical to contact donors, State laws vary and local legal counsel should be sought before taking action; but generally, UPMIFA (Uniform Prudent Management of Institutional Funds Act) requires the nonprofit to provide written notice to the Attorney General of the State and wait 60-90 days, and then only if the restriction is deemed:
    1. Unlawful, impractical, impossible to achieve, wasteful,
    2. The amount is less than the amount defined by the State,
    3. The fund is more than 20 years old, and
    4. The charity uses the fund in a way that is consistent with the charitable purpose of the donor restriction.

Other releases of restrictions will require a Court Petition.

STEPS TO BE TAKEN WHERE A COUNCIL HAS ACCUMULATED EXCESS FUNDS

Here are some examples of things Councils may do if they have accumulated excess funds:

  • The Council should set aside funds to share with those conferences that have inadequate funds to meet the needs which they face to help people in need.
  • A Council can reflect and discern on whether they ought to direct additional funding, towards achieving various goals set forth in “Standards of Excellence Questions for Diocesan Councils.”
  • If a Council has additional funds, then it should look for ways to help the Society and its members through the Disaster Services Corporation, International Twinning, domestic twinning with Councils in need of financial help.
  • Reviewing its programs and considering the need for starting new non-income producing Special Works such as through an evening or lunch meal program, a Coming Together to Getting Ahead program, or the like.

Appendix: Hoarding in SVdP Documents

In the Rule, Part I, Article 3.14:

Nevertheless, the Society uses money and property to help relieve the suffering of those in need. The Society’s funds must be handled with the utmost care, prudence, and generosity. Money must not be hoarded. Decisions regarding the use of money and property are to be made after reflection in the light of the Gospel and Vincentian principles. Accurate records must be kept of all money received or spent. The Society may not allot funds to other organizations, except occasionally for other branches of the Vincentian Family, save under exceptional circumstances.

In the Rule, Part III, Statute 24:

Councils and Conferences zealously manage and maintain the Society’s assets. The authority to manage the Society’s assets remains exclusively with Councils that may delegate this authority in accordance with the Rule of the Society and the Bylaws and Resolutions of the National Council.

Faithful to the spirit of non-accumulation of wealth, the next higher Council may determine annually the percentage of the funds of each Council or Conference within their area that may be made available to them. The next higher Council will work with the Council or Conference to determine an appropriate reserve for unanticipated events and direct the allocation of funds which exceed the anticipated demands, which may not be hoarded as a capital sum, to the service of the poor in their own area or abroad in the poorest areas of the world.

In Manual, under Council funds:

Sources of Council funds may include contributions from Conferences, donations, bequests, Special Works, and grants. Like Conferences, Councils act as custodians of funds given to the Society, understanding that they belong, ultimately, to the poor. While some Councils prefer not to accumulate funds, others make a point of setting something aside for exigencies. Operating an active Council with a reasonable bank balance is good business practice, not hoarding. A bank balance equal to the operational cost of the Council for six months may be reasonable. A balance of less than three months’ operational cost may be unhealthy. Councils with inadequate balances should review the budget for ways to increase their income or reduce their expenditures. Councils with overly large balances should find ways to expend their excess funds on behalf of the poor, such as subsidizing active Conferences in poorer areas or planning needed Special Works.

In Manual, under Funds of the Conference:

It is wrong for a conference to seek financial security by building up a large balance for the needs of the future. Conference balances generally should not exceed what they expect to spend during an average quarter. Surplus funds should be shared generously with more needy Conferences or the Special Works of the District Council.

In Bylaws, Document 1 for Conferences Without a Board of Directors, Article 16:

Conferences and Councils zealously manage and maintain the Society’s assets. The authority to manage the Society’s assets remains exclusively with Councils that may delegate this authority in accordance with the Rule of the Society. Faithful to the spirit of non-accumulation of wealth the Upper Councils may determine annually the percentage of the funds of each Conference within their area that may be made available to them. The Upper Councils will work with the Conference to determine an appropriate reserve for unanticipated events and direct the allocation of funds which exceed the anticipated demands, which may not be hoarded as a capital sum, to the service of the poor in their own area or abroad in the poorest areas of the world.

In the Conference Audit Manual, under Bank Account:

Every Conference is required to maintain its bank account(s) separate from the parish and separate from the personal accounts of any of the members. There shall be no co-mingled funds.  The funds of the Conference must be in standalone accounts not tied to the parish or any of the members. The only exception to this is when a Conference has an approved reserve account. To avoid any perception of hoarding, the reserve accounts should be approved by the next upper Council. The funds in the reserve may be combined into a shared investment account as long as the Conference has sole access to its funds.

In Resolution 114:

Be it resolved that legal issues which involve one Council or one Conference have the potential for affecting the whole Society and therefore if not addressed will lead to the suspension and removal from the Society of the offending Vincentian, Conference or Council if not corrected in a timely fashion.  Such legal issues include but are not limited to the following:

  • Violation of any state statute, local ordinance, or federal law or any regulations adopted by any state, local government, or federal agency which violation relates to the operation of not-for-profit organizations.
  • Failing to conduct an annual audit.
  • Failing to file a Federal Form 990 or any required state form.
  • Adopting Bylaws that have not been updated to comply with federal requirements
  • Giving funds to non-Vincentian organizations or for non-Vincentian activity.
  • Failing to submit required annual reports
  • Failing to allow women or minorities as Conference members
  • Maintaining large balances that do not constitute legitimate reserve for future operations and which constitute hoarding,
  • Failing to enact Bylaws that are in compliance with those approved by National Council
  • Failing to make home or similar visits in pairs – i.e., allowing only one Vincentian to make such visits
  • Having officers who are not active members of the Society
  • Limiting assistance to certain groups to the exclusion of others
  • Acting in an autonomous manner and as though not answerable to the Society
  • Changing Bylaws to permit activity contrary to The Rule of the Society
  • Removing members without complying with The Rule of the Society
  • Violating confidentiality of those being served
  • The failure of National Council Members to attend National meetings
  • Raising funds across Council boundaries without permission and without adequate disclosure to the public
  • Any other issues having legal implications.

08-04-22 Questions and Answers

08-04-22 Questions and Answers 1200 628 Jill Pioter

Q:  Can a member in need receive assistance from their home Conference or must they seek assistance from a neighboring Conference where they are not a member?

A:  Every Conference should be willing to assist people in need even if that person is one of their own members. However, there are special considerations:

  1. No Conference should help one of its own members more than it would help anyone else coming for assistance.
  2. The assistance should be given in the same manner as in helping others.
  3. The case should be discussed at the Conference meeting without that member present.
  4. To avoid future complications, the member in need may have to withdraw from the Conference until the crisis is over.

Q: If the church parking lot or drive needs to be paved, do we need to have a special fundraiser or request a special donation, or can it be covered by our regular funds?

A:  According to our Rule, the Society does not give funds to outside organizations (including the church). We do not perform fundraising activities for outside organizations either. Individual members may contribute personally to the church fundraiser, but not as the Society.

Spanish Translation

P: ¿Si un miembro tiene una necesidad, puede recibir asistencia de su propia Conferencia o debe buscar asistencia de una Conferencia vecina de la que no es miembro?

R:  Cada Conferencia debe estar dispuesta a ayudar a las personas con necesidades, incluso si esa persona es uno de sus propios miembros. Sin embargo, hay consideraciones especiales:

  1. Ninguna conferencia debe ayudar a uno de sus propios miembros más de lo que ayudaría a cualquier otra persona que venga en busca de ayuda.
  2. La asistencia debe darse de la misma manera que cuando se ayuda a otros.
  3. El caso debe ser presentado en la reunión de la Conferencia sin la presencia de ese miembro.
  4. Para evitar complicaciones en el futuro, es posible que el miembro necesitado deba retirarse de la Conferencia hasta que termine la crisis.

P: Si es necesario pavimentar el estacionamiento de la iglesia o el camino, ¿necesitamos tener una recaudación de fondos especial o solicitar una donación especial, o puede cubrirse con nuestros fondos regulares?

R: De acuerdo con nuestra Regla, la Sociedad no otorga fondos a organizaciones externas (incluida la iglesia). Tampoco realizamos actividades de recaudación de fondos para organizaciones externas. Los miembros individuales pueden contribuir personalmente a la recaudación de fondos de la iglesia, pero no como Conferencia de la Sociedad.

 

 

What is Meant by “Hoarding” in a St. Vincent de Paul Context — Part One

What is Meant by “Hoarding” in a St. Vincent de Paul Context — Part One 1200 628 Jill Pioter

Within the documents of the Society of St. Vincent de Paul, there are found a number of instances where hoarding is prohibited.  Please look at the Appendix to this document to see those specific references.  Unfortunately, there is no specific place in the SVdP documents where the word hoarding is actually defined.  There have been many times over the years that the National Office has been called to give a definition so our members can have a better understanding of the prohibition.  The explanation was given a number of times in the Q&A section of the National Council’s Frederic’s e-Gazette.  However, it has been deemed appropriate by the National Governance Committee to give a formal definition.

Webster’s New Collegiate Dictionary defines hoarding as “to collect and lay-up, amass and conceal.”  The considerations related to hoarding within the Society of St. Vincent de Paul, however, are slightly different when looking at this from a Conference perspective and a Council perspective.  We will treat each separately.

Conference Considerations

A. TYPES OF FUNDING HELD BY CONFERENCES

The first consideration before answering the question “What is Hoarding” is to understand the different types of funds that Conferences may hold.

  1. General Donations: These funds are received from the parishes, members, benefactors, other SVdP entities, bequests made to a Conference that do not designate a specific purpose, other organizations, and fundraising efforts.   There is no specific intent associated with these funds other than the assumption that the funds will be used for the purposes of the Society to better serve those in need.  These funds should generally be held in the Conference checking account or other liquid financial accounts. These funds are susceptible to hoarding.
  2. Donor-designated Funds: These funds are received from a donor (individual or organization) that identifies a specific purpose for the use of those funds. For example, an individual gives a check to a Conference and on the line preceded by the word “for” the donor has specified “utility payments.”  Another example is a check from a donor that is accompanied by a note or letter that designates the donation for a particular purpose.  If a Conference accepts the check, it accepts the responsibility to track those funds and only use those funds for utility payments.  A Conference has a legal obligation to ensure the funds are not used for any other purpose. These funds must be used for the purpose given.  When not used for the purpose intended, these funds may also be considered as hoarding.
  3. Funds from Grants: These funds, for the most part, are similar to Donor-designated Funds.  They are usually given for a specific purpose and that purpose must be honored. These funds must be used for the purpose given.  When not used for the purpose intended, these funds may also be considered as hoarding. However, sometimes, but rarely, grant funds are issued for general use by a Conference.  In this case the funds are treated the same as general donations. These funds are susceptible to hoarding.
  4. Capital Campaigns/Endowments/Disaster Relief: Capital campaigns are normally established to purchase land, buildings, special equipment, or fund special programs. Endowments may be established to provide special programs or services with ongoing income.  Disaster relief funds are normally established to provide relief to people suffering from a recent disaster in the area.  The key thing about these funds is that donors contribute to them for their specific purpose.   These funds are collected for a specific purpose and can only be used for that purpose.  These are treated the same as Donor-designated Funds. These funds must be used for the purpose given.  When not used for the purpose intended, these funds may also be considered as hoarding.
  5. Interest Earned: Sometimes Conferences place their funds in financial instruments that gain interest.
    1. If the donor requires it, the interest earned on his/her donation must be used for the purpose of the fund for which it was originally designated.
    2. Otherwise, if the allocation of interest creates an unnecessary burden there is no legal requirement for the interest to be restricted for any purpose and may be used as the Conference determines. It may create an unnecessary burden to try to allocate the interest to specific funds.
      All interest that is for general use is susceptible to hoarding.  All interest designated and used for a specific purpose is not susceptible to hoarding.
  6. Conference-designated Funds: There are times when the Conference takes a certain amount out of the general fund and sets it aside for a particular purpose.  Those funds will remain in the designated area until the Conference decides to use them for another purpose.  These Conference-designated funds may be changed from one purpose to another as often as the Conference decides.  An example of this is a Conference budget which designates a specific amount of funds to be spent on maintenance of equipment.  The budget designations may be realigned at any time by the Conference.  These funds, if originated in the general fund, are susceptible to hoarding.
  7. Conference Reserve Accounts: A consideration for Conference reserve accounts must be included with the above. There is only one mention in the Manual related to reserves for Conferences and it does not use the word “reserves.”Donations to Conferences — whether they come from church collections, from the members themselves, from benefactors, or from fundraising efforts — are meant to address today’s needs. It is wrong for a Conference to seek financial security by building up a large balance for the needs of the future. Conference balances should not exceed what they expect to spend during an average quarter. Surplus funds should be shared generously with more needy Conferences or the Special Works of the District Council.It addresses the fact that donations are “meant to address today’s needs” and that “surplus funds should be shared generously.”  This applies to most Conferences.  So, unless a Conference has some fixed expenses, there is no need for a reserve account.  The “balance for the future” and/or the reserve account, if originated in the general fund, are susceptible to hoarding.
  8. Special Works Reserve Accounts: Stores and other Special Works that may be operated by a Conference may legitimately have fixed expenses. Although the Manual attributes Stores and Special Works to Councils, the recommendation is to maintain a balance for the future of up to six months of expenses.  This balance for the future or Special Works reserve account should be maintained at such a reasonable and necessary level as the Conference or the Board of Directors determines is needed to assure the financial stability of the Special Work.  Surplus funds should be shared generously with more needy Conferences or Special Works of the Councils.  The “balance for the future” and/or the Special Works reserve account may be susceptible to hoarding.

So, it boils down to two types of funds that are held by the Conference: those that are susceptible to hoarding and those that are not.  Those funds that are designated for a particular purpose by the donor must be honored (by law) for that purpose.  Our concern in this document is to define hoarding, so let us recap which funds of a Conference are susceptible to hoarding:

  1. All funds held for general use, typically these are in the checking account, but they may be in other financial instruments;
  2. Grant funds that are designated for general use;
  3. Interest earned on funds designated for general use; and
  4. Conference-designated Funds.

B. REFLECTIONS ON HOARDING RELATED TO CONFERENCES

Members must accept the fact that our donors have given the Conference resources to use to help those in need. The reality is that the funds we have belong to the suffering, the deprived, the forgotten, the poor, and those in need.  We are stewards of these resources and are accountable for how they are used.  There are two primary considerations about the funds our Conferences receive:

  • Are the funds we received designated by the donors for a particular purpose? If so, then it is our obligation both legally and morally as stewards of those resources to ensure they are used for the purposes for which they were given.
  • Where there is no specific donor designation, then the funds are to be used to relieve the needs of those who come to us for help (with a reasonable amount dedicated to Society approved Conference expenses).

Hoarding occurs when a Conference decides to keep funds in its financial instrument rather than helping an individual or family that it is capable of helping.

The fact is that once the Conference decides that the request is legitimate and it has the resources to fulfill the request, then deciding to keep the money in the bank is the wrong decision and constitutes hoarding.

As Vincentians, we are asked to love those in need in the best way we can.  The only way to do that is to treat each case on its own merit.  While establishing general guidelines for assistance has some benefit, Vincentians are called upon to assess each home visit as a unique encounter and should not set predefined limitations on the amount of help to be given or the type of help to be given or the number of times to help someone.  To love someone in the best way possible is the keep all of our resources available for our Lord’s use.  All of our resources include our hearts, our time, our funds, and other things we use to help people.

C. STEPS TO BE TAKEN WHERE A CONFERENCE HAS ACCUMULATED EXCESS FUNDS

Conferences are encouraged to seriously read the Manual, Section 2.1 Conference, Funds of the Conference: “It is wrong for a Conference to seek financial security by building up a large balance for the needs of the future. Conference balances generally should not exceed what they expect to spend during an average quarter. Surplus funds should be shared generously with more needy Conferences or the Special Works of the District Council.”

A review of fund balances should occur towards the end of each fiscal year with Conference members entering into a discussion and consideration of “twinning” to more needy Conferences within their District and/or Council, to SVdP National programs providing direct assistance, to Disaster Services Corporation, or to some SVdP International Conferences.

Appendix: Hoarding in SVdP Documents

In the Rule, Part I, Article 3.14: Nevertheless, the Society uses money and property to help relieve the suffering of those in need. The Society’s funds must be handled with the utmost care, prudence, and generosity. Money must not be hoarded. Decisions regarding the use of money and property are to be made after reflection in the light of the Gospel and Vincentian principles. Accurate records must be kept of all money received or spent. The Society may not allot funds to other organisations, except occasionally for other branches of the Vincentian Family, save under exceptional circumstances.

In the Rule, Part III, Statute 24: Councils and Conferences zealously manage and maintain the Society’s assets.  The authority to manage the Society’s assets remains exclusively with Councils that may delegate this authority in accordance with the Rule of the Society and the Bylaws and Resolutions of the National Council.

Faithful to the spirit of non-accumulation of wealth, the next higher Council may determine annually the percentage of the funds of each Council or Conference within their area that may be made available to them. The next higher Council will work with the Council or Conference to determine an appropriate reserve for unanticipated events and direct the allocation of funds which exceed the anticipated demands, which may not be hoarded as a capital sum, to the service of the poor in their own area or abroad in the poorest areas of the world.

In Manual, under Council funds: Sources of Council funds may include contributions from Conferences, donations, bequests, Special Works, and grants. Like Conferences, Councils act as custodians of funds given to the Society, understanding that they belong, ultimately, to the poor. While some Councils prefer not to accumulate funds, others make a point of setting something aside for exigencies. Operating an active Council with a reasonable bank balance is good business practice, not hoarding. A bank balance equal to the operational cost of the Council for six months may be reasonable. A balance of less than three months’ operational cost may be unhealthy. Councils with inadequate balances should review the budget for ways to increase their income or reduce their expenditures. Councils with overly large balances should find ways to expend their excess funds on behalf of the poor, such as subsidizing active Conferences in poorer areas or planning needed Special Works.

In Manual, under Funds of the Conference: It is wrong for a conference to seek financial security by building up a large balance for the needs of the future. Conference balances generally should not exceed what they expect to spend during an average quarter. Surplus funds should be shared generously with more needy Conferences or the Special Works of the District Council.

In Bylaws, Document 1 for Conferences Without a Board of Directors, Article 16: Conferences and Councils zealously manage and maintain the Society’s assets.  The authority to manage the Society’s assets remains exclusively with Councils that may delegate this authority in accordance with the Rule of the Society.  Faithful to the spirit of non-accumulation of wealth the Upper Councils may determine annually the percentage of the funds of each Conference within their area that may be made available to them. The Upper Councils will work with the Conference to determine an appropriate reserve for unanticipated events and direct the allocation of funds which exceed the anticipated demands, which may not be hoarded as a capital sum, to the service of the poor in their own area or abroad in the poorest areas of the world.

In the Conference Audit Manual, under Bank Account: Every Conference is required to maintain its bank account(s) separate from the parish and separate from the personal accounts of any of the members.  There shall be no co-mingled funds.  The funds of the Conference must be in standalone accounts not tied to the parish or any of the members.  The only exception to this is when a Conference has an approved reserve account. To avoid any perception of hoarding, the reserve accounts should be approved by the next upper Council.  The funds in the reserve may be combined into a shared investment account as long as the Conference has sole access to its funds.

In Resolution 114: Be it resolved that legal issues which involve one Council or one Conference have the potential for affecting the whole Society and therefore if not addressed will lead to the suspension and removal from the Society of the offending Vincentian, Conference or Council if not corrected in a timely fashion.  Such legal issues include but are not limited to the following:

  • Violation of any state statute, local ordinance, or federal law or any regulations adopted by any state, local government, or federal agency which violation relates to the operation of not-for-profit organizations.
  • Failing to conduct an annual audit.
  • Failing to file a Federal Form 990 or any required state form.
  • Adopting Bylaws that have not been updated to comply with federal requirements
  • Giving funds to non-Vincentian organizations or for non-Vincentian activity.
  • Failing to submit required annual reports
  • Failing to allow women or minorities as Conference members
  • Maintaining large balances that do not constitute legitimate reserve for future operations and which constitute hoarding,
  • Failing to enact Bylaws that are in compliance with those approved by National Council
  • Failing to make home or similar visits in pairs – i.e., allowing only one Vincentian to make such visits
  • Having officers who are not active members of the Society
  • Limiting assistance to certain groups to the exclusion of others
  • Acting in an autonomous manner and as though not answerable to the Society
  • Changing Bylaws to permit activity contrary to The Rule of the Society
  • Removing members without complying with The Rule of the Society
  • Violating confidentiality of those being served
  • The failure of National Council Members to attend National meetings
  • Raising funds across Council boundaries without permission and without adequate disclosure to the public
  • Any other issues having legal implications.

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