[grc] California Attorney General To Audit Pacifica
Kali
kali at theriver.com
Sun Dec 28 08:31:16 PST 2014
testing my reply abilities. I can't seem to get my posts or replies to
come through other than just the subject lines.
On 12/28/2014 8:59 AM, MichaelP wrote:
>
> I'm posting this in the interest of transparency.
>
> it originates because several Pacifica members complaiined to the
> Cal AG Charities division, The Cal AG has responed by demanding 23
> listed Pacifica Foundation documents which are in any case mostly
> subject tto inspection by Pacifica Foundation members
>
> MichaelP
>
> GRC's alien, anarchist and atheist ex-listcop
>
>
>
> United for Community Radio The Latest with Context
>
>
>
>> From Richard Uzzell, Pacifica Board of Directors, KPFT Listener Rep.
> Announced publicly on December 23, 2014
>
> The Pacifica Board of Directors was informed today by IED, Margy
> Wilkinson of a December 17, 2014 letter (sent almost a week earlier)
> from California Deputy Attorney General, Julianne Mossler, for Kamala
> D. Harris, Attorney General.
>
> This was the first that the Board (as a whole) was informed of this
> letter the California Attorney General and the action it is taking
> toward the Pacifica Foundation Radio.
>
> It is the Cal AG's duty to supervise charitable organizations under
> California Corporate Code section 5250, and Government Code section
> 12580 through 12599.8.
> One of the ways the AG performs this duty is by conducting audits
> of charitable organizations.by
> requiring Pacifica to provide multiple documents. specifically for
> the years 2010 thru 2014
>
>
>
> 1. Articles of Incorporation and any amendments
>
> 2. Bylaws, and any amendments
>
> 3. Names, addresses, telephone numbers and email addresses of all
> members of the national board of directors and all corporate officers
> from January 1, 2010, identifying each by position and term.
>
> 4. IRS form 1023 and proof of tax-exempt status from the Internal
> Revenue Service and CA Franchise Tax Board
>
> 5. Complete minutes, including attachments and reports, of all
> meetings of the board of directors and board committees, including any
> resolutions passed, from January 1, 2010 to the present.
>
> 6. 990 forms from January 1, 2010 to the present.
>
> 7. Form RRF-1 and filings with the CA AG from January 1, 2010 to the
> present
>
> 8. Financial statements, including income statements and balance
> sheets from January 1, 2010 to the present.
>
> 9. General ledgers (if maintained electronically, please send
> electronic files) from January 1, 2010 to the present
>
> 10. Bank statements for all checking, savings, and investment accounts
> from January 1, 2010 to the present.
>
> 11. Canceled checks for all checking, savings and investment accounts
> from January 1, 2010 to the present.
>
> 12. Records of all donations and grants received by PFR, including but
> not limited to donations received via Twitter, Facebook and Pacifica's
> websites, from January 1, 2010 to the present.
>
> 13. Receipts and itemized expenditure journals documenting expenses,
> from January 1, 2010 to the present
>
> 14 All written policies, procedures, internal training manuals and
> documents related to solicitations including solicitation scripts,
> question and answer sheets, brochures or promotional materials used in
> soliciting donations and audio records of fundraising solicitations
> from January 1, 2010 to the present.
>
> 15. Correspondence and documents related to donations from the public,
> including restrictions on the use of those donations from January 1,
> 2010 to the present.
>
> 16. Identify and produce all complaints and donation cancellation
> requests along with the name, address, telephone number and email
> address of the requesting party from Jan 1, 2010 to the present.
>
> 17. A list of any loans made by PFR and documents related to those
> loans, including name, date, amount, purpose, copy of the note, terms
> of the loan, board minutes detailing the discussion of the loan, and a
> payment schedule, from January 1, 2010 to the present.
>
> 18. A list of any loans made to PFR and documents related to those
> loans, including name, date, amount, purpose, copy of the note, terms
> of the loan, board minutes detailing the discussion of the loan, and a
> payment schedule (from January 1, 2010 to the present).
>
>
>
> 19. A list of any self-dealing transactions (transactions in which a
> member of the board or an employee has a financial interest, with the
> date, parties, amount and purpose and board minutes of the discussion
> from inception.
>
> 20. W-2 forms of all employees including board officers from January
> 1, 2010 to the present.
>
> 21. A list of employees, consultants, officers and board members and
> the amount of salary and wages paid to each from Jan 1, 2010 to the
> present.
>
> 22. All policies and procedures related to fiscal controls
>
> 23. All policies and procedures related to governance.
>
>
>
>
>
>
> BERKELEY-In response to a March 2014 complaint from 8 former board
> members who served on the Pacifica National Board between 2008 and
> 2013, the Registry of Charitable Trusts, the division of the
> California AG that supervises California nonprofit organizations, has
> launched a comprehensive audit of Pacifica Radio's accounting and
> compliance functions. The scope of the initial document request is
> broad and encompasses most financial records from the past five years
> of operations. (see list below).
>
> The Attorney General defines their charity oversight purpose
> as: The Attorney General regulates charities and the professional
> fundraisers who solicit on their behalf. The purpose of this oversight
> is to protect charitable assets for their intended use and ensure that
> the charitable donations contributed by Californians are not
> misapplied and squandered through fraud or other means.
>
> The reckless and foolhardy actions of the rogue board
> majority, who threw out an executive director with a 3 year contract
> and rehired a CFO who had been removed for poor performance, were
> followed by 10 months of aggressive non-compliance with legal
> reporting requirements including the failure to produce an audit [1]
> 15 months after the close of the fiscal year (in violation of the
> Nonprofit Integrity Act [2]), failing to amend erroneous tax returns
> [3], and the issuance of only one incomplete profit and loss statement.
> [4]
>
> The inability of the 2014 board
> to supervise the executives they installed (unelected board chair
> Wilkinson and CFO Salvador) in the basics of legally operating a
> nonprofit organization has opened the door for government interference
> in Pacifica's operations.
> The ongoing audit is likely to prevent any immediate action towards
> network dissolution or the sale of license and/or real estate assets.
>
>
> Here is a list of the 23 sets of documents requested by the
> California Attorney General
>
>
>
>
>
>
> BERKELEY-In response to a March 2014 complaint from 8 former board
> members who served on the Pacifica National Board between 2008 and
> 2013, the Registry of Charitable Trusts, the division of the
> California AG that supervises California nonprofit organizations, has
> launched a comprehensive audit of Pacifica Radio's accounting and
> compliance functions. The scope of the initial document request is
> broad and encompasses most financial records from the past five years
> of operations. (see list below).
>
> The Attorney General defines their charity oversight
> purpose as: The Attorney General regulates charities and the
> professional fundraisers who solicit on their behalf. The purpose of
> this oversight is to protect charitable assets for their intended use
> and ensure that the charitable donations contributed by Californians
> are not misapplied and squandered through fraud or other means.
>
> The reckless and foolhardy actions of the rogue board
> majority, who threw out an executive director with a 3 year contract
> and rehired a CFO who had been removed for poor performance, were
> followed by 10 months of aggressive non-compliance with legal
> reporting requirements including the failure to produce an audit [1]
> 15 months after the close of the fiscal year (in violation of the
> Nonprofit Integrity Act [2]), failing to amend erroneous tax returns
> [3], and the issuance of only one incomplete profit and loss statement.
> [4]
>
> The inability of the 2014 board
> to supervise the executives they installed (unelected board chair
> Wilkinson and CFO Salvador) in the basics of legally operating a
> nonprofit organization has opened the door for government interference
> in Pacifica's operations.
> The ongoing audit is likely to prevent any immediate action towards
> network dissolution or the sale of license and/or real estate assets.
>
>
> Here is a list of the 23 sets of documents requested by the
> California Attorney General
>
> 1. Articles of Incorporation and any amendments
>
> 2. Bylaws, and any amendments
>
> 3. Names, addresses, telephone numbers and email addresses of
> all members of the national board of directors and all corporate
> officers from January 1, 2010, identifying each by position and term.
>
> 4. IRS form 1023 and proof of tax-exempt status from the
> Internal Revenue Service and CA Franchise Tax Board
>
> 5. Complete minutes, including attachments and reports, of all
> meetings of the board of directors and board committees, including any
> resolutions passed, from January 1, 2010 to the present.
>
> 6. 990 forms from January 1, 2010 to the present.
>
> 7. Form RRF-1 and filings with the CA AG from January 1, 2010
> to the present
>
> 8. Financial statements, including income statements and
> balance sheets from January 1, 2010 to the present.
>
> 9. General ledgers (if maintained electronically, please send
> electronic files) from January 1, 2010 to the present
>
> 10. Bank statements for all checking, savings, and investment
> accounts from January 1, 2010 to the present.
>
> 11. Canceled checks for all checking, savings and investment
> accounts from January 1, 2010 to the present.
>
> 12. Records of all donations and grants received by PFR,
> including but not limited to donations received via Twitter, Facebook
> and Pacifica's websites, from January 1, 2010 to the present.
>
> 13. Receipts and itemized expenditure journals documenting
> expenses, from January 1, 2010 to the present
>
> 14 All written policies, procedures, internal training manuals
> and documents related to solicitations including solicitation scripts,
> question and answer sheets, brochures or promotional materials used in
> soliciting donations and audio records of fundraising solicitations
> from January 1, 2010 to the present.
>
> 15. Correspondence and documents related to donations from the
> public, including restrictions on the use of those donations from
> January 1, 2010 to the present.
>
> 16. Identify and produce all complaints and donation
> cancellation requests along with the name, address, telephone number
> and email address of the requesting party from Jan 1, 2010 to the
> present.
>
> 17. A list of any loans made by PFR and documents related to
> those loans, including name, date, amount, purpose, copy of the note,
> terms of the loan, board minutes detailing the discussion of the loan,
> and a payment schedule, from January 1, 2010 to the present.
>
> 18. A list of any loans made to PFR and documents related to
> those loans, including name, date, amount, purpose, copy of the note,
> terms of the loan, board minutes detailing the discussion of the loan,
> and a payment schedule (from January 1, 2010 to the present).
>
>
> 19. A list of any self-dealing transactions (transactions in
> which a member of the board or an employee has a financial interest,
> with the date, parties, amount and purpose and board minutes of the
> discussion from inception.
>
> 20. W-2 forms of all employees including board officers from
> January 1, 2010 to the present.
>
> 21. A list of employees, consultants, officers and board
> members and the amount of salary and wages paid to each from Jan 1,
> 2010 to the present.
>
> 22. All policies and procedures related to fiscal controls
>
> 23. All policies and procedures related to governance.
>
>
>
>
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