Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
MARINE BIOLOGICAL LABORATORY
Employer identification number
04-2104690
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
29,437,858
31,592,466
40,131,500
44,183,135
34,036,445
179,381,404
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
29,437,858
31,592,466
40,131,500
44,183,135
34,036,445
179,381,404
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
32,159,638
6
Public Support. Subtract line 5 from line 4.
147,221,766
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
29,437,858
31,592,466
40,131,500
44,183,135
34,036,445
179,381,404
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,072,775
1,370,796
1,241,598
1,924,022
2,360,528
7,969,719
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
65,829
45,912
3,428
3,624
23,026
141,819
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
364,044
722,860
488,487
133,320
251,903
1,960,614
11
Total support (Add lines 7 through 10).
189,453,556
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
50,807,133
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
77.709 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
79.79 %
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
c
Add lines 7a and 7b..
8
Public Support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
OTHER INCOME SHOWS MISCELLANEOUS ACTIVITY.
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
10000077
Software Version:
v1.00
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
MARINE BIOLOGICAL LABORATORY
Employer identification number
04-2104690
Identifier
Return Reference
Explanation
F990_P06_S0A_L06
Form 990, Part VI, Section A, Line 6
325 corporation members are nominated by the science council and elected at the annual or special meetings by the members until death or resignation. These members have limited voting rights regarding changes in the by-laws that are normally adopted by the board of trustees before any vote by corporation members.
F990_P06_S0A_L07a
Form 990, Part VI, Section A, Line 7a
The Chair of the Science Council is also a member of the governing board and elected by the corporation members.
F990_P06_S0A_L07b
Form 990, Part VI, Section A, Line 7b
The corporation members have limited voting rights regarding changes in the by-laws. The board may amend or repeal bylaws and any provisions of these bylaws, except, which by law, the articles of organization of these bylaws, requires action by the members.
F990_P06_S0B_L11a
Form 990, Part VI, Section B, Line 11a
Form 990 is prepared by the MBL's Financial Analyst then reviewed by the Director and Grant Thornton LLP, our audit and tax services firm. A draft copy is then submitted to the Audit Committee of the Board of Trustees for a thorough review at one of their meetings. A final version is given to all members of the board of trustees five (5) days before the filing date.
F990_P06_S0B_L12c
Form 990, Part VI, Section B, Line 12c
Each January the Human Resources office sends to all employees the following: a link to the on-line MBL conflict of interest policy, a memo explaining the need for all employees to fill out the disclosure form, and the disclosure form. All course directors participating in MBL courses also receive a letter, a copy of the policy, and a disclosure form to return. The list of appropriate course directors to receive the conflict of interest information is developed by the the Office of Sponsored Programs,. The Human Resources assistant maintains a list of all people who have been requested to return the disclosure form. The deadline for submission is February 15th. Human Resources follows up on all forms not received by that time until they are received. The form is reviewed and signed off by the Human Resources Director. All forms declaring a potential conflict of interest are reviewed with the MBL Director/CEO. Either the Director /CEO or the Human Resource Director follows up with the individual regarding the possible conflict, as necessary. All MBL trustees are sent a copy of the Trustee Conflict of Interest Policy and declaration form within 30 days of their election to the board and during January of each year by the assistant to the MBL Director/CEO. The disclosure form is to be returned no later than February 15th each year. The Director's office sends completed forms to the Chairperson of the board (or in the case of the Chairperson's form, to the Vice Chairperson), including the form completed by the MBL Director/CEO. The Audit Committee of the Board is informed of receipt of the forms and follows up on delinquent ones. Possible conflicts of interest that must be addressed are investigated further by the Human Resources Director and the Chief Academic & Science Officer. They present a proposed resolution to the conflict of interest. Once they agree to the resolution action a revised conflict of interest form is submitted accordingly. If the matter can not be resolved, it will lead to disciplinary action. In the case of a Trustee's failure to comply with this policy it may disqualify that person from serving as a Trustee or if already serving as a Trustee, the Trustee shall be subject to removal by a two-thirds vote of the Trustees then in office, pursuant to the bylaws. In the case of an employee of the Marine Biological Laboratory, failure to comply with this policy may result in disciplinary action up to and including dismissal, subject to and in accordance with the terms of any applicable employment agreement.
F990_P06_S0B_L15
Form 990, Part VI, Section B, Line 15
The Director's/CEO compensation package is determined and approved by the Board of Trustees after Human Resources supplies information on comparable salaries & benefits in the industry. Independent salary data from at least two sources are used for determining this. Contemporaneous substantiation of the deliberation and decision is maintained on file and was done originally in April 2006 when the current Director/CEO was hired and again in April 2009.
F990_P06_S0C_L19
Form 990, Part VI, Section C, Line 19
The governing documents are available on the website. Financial statements and the conflict of interest policy are made available upon request to the CFO.
F990_P11_S00_L05
Form 990, Part XI, Line 5
Add back unrealized gains of $5,037,158, change in periodic pension costs of $229,475 and Directors housing allowance, only on W-2, of $40,000. Less PV annuities adjustment of $48,041 and interest rate swap of $1,113,677.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.