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
BERKSHIRE UNITED WAY INC
Employer identification number
04-2104841
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.") ....
2,784,565
2,670,091
2,633,896
2,231,882
2,441,502
12,761,936
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..
2,784,565
2,670,091
2,633,896
2,231,882
2,441,502
12,761,936
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)..
6
Public Support. Subtract line 5 from line 4.
12,761,936
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..
2,784,565
2,670,091
2,633,896
2,231,882
2,441,502
12,761,936
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
90,891
101,559
64,194
49,436
34,626
340,706
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
12,038
9,666
21,704
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
36,208
19,550
5,355
1,725
9,680
72,518
11
Total support (Add lines 7 through 10).
13,196,864
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
35,353
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
96.700 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
96.470 %
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
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
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
BERKSHIRE UNITED WAY INC
Employer identification number
04-2104841
Identifier
Return Reference
Explanation
THIRD ACHIEVEMENT DESCRIPTION
FORM 990, PAGE 2, PART III, LINE 4C
INCLUDED THE MOST RECENTLY AVAILABLE BERKSHIRE COUNTY MCAS RESULTS, WHICH INDICATED THAT ONLY ABOUT 60% OF OUR THIRD GRADERS ARE PROFICIENT IN ENGLISH AND MATH. DETERMINED TO SIGNIFICANTLY INCREASE BERKSHIRE COUNTY'S PROFICIENCY, BERKSHIRE PRIORITIES IS TODAY ASSESSING BEST PRACTICE OPTIONS,FORMULATING A MAP OF EXISTING LOCAL RESOURCES, AND GATHERING KEY LOCAL DATA IN ORDER TO MOBILIZE THE COMMUNITY FOR ACTION. 2.THE EARLY CHILDHOOD EDUCATION THINK TANK IS WORKING TO PROMOTE, SUPPORT AND MAKE HIGH-QUALITY EARLY CHILDHOOD EDUCATION AVAILABLE TO EVERY CHILD THROUGHOUT BERKSHIRE COUNTY. THE EARLY CHILDHOOD TEAM JUMP-STARTED THEIR EFFORTS WITH CHILDHOOD LITERACY ACTIVITIES LIKE THE RECENT COUNTY- WIDE"WEE READ" EVENT AND EFFORTS TO MAKE BERKSHIRE COUNTY A "REACH OUT AND READ" BOOK END COUNTY, WHERE EVERY PEDIATRICIAN PROVIDES A BOOK TO CHILDREN AT WELL-CHILD VISITS FROM BIRTH TO AGE FIVE, AND IS NOW FORMULATING A COMPREHENSIVE STRATEGY. 3.THE PITTSFIELD PREVENTION PARTNERSHIP (PPP) AND BERKSHIRE YOUTH DEVELOPMENT ARE ALL ABOUT YOUTH AND ADULT EDUCATION TO PROMOTE SAFE BEHAVIORS IN OUR YOUNG PEOPLE. SOME PPP ACTIVITIES INCLUDE "SHOULDER TAPS" SURVEYS IN WHICH TEENS, ACCOMPANIED BY A DISCRETELY LOCATED POLICE OFFICER, TEST ADULT WILLINGNESS TO PURCHASE ALCOHOL FOR THEM. PPP ALSO PLAYED A KEY ROLE IN THE HIGHLY SUCCESSFUL BERKSHIRE COUNTY PRESCRIPTION ROUND-UP, WHICH COLLECTED AND SAFELY DISPOSED 1,000 POUNDS OF PRESCRIPTION DRUGS. THEY CONDUCTED "SAFE PROM" PRESENTATIONS, PARTICIPATE IN THE TEEN PREGNANCY PREVENTION INITIATIVE AND HELPED COMPILE RESULTS OF THE 2011 PREVENTIONNEEDS ASSESSMENT SURVEY, WHICH MEASURES YOUTH RISK AND PROTECTIVE FACTORS AND IS A CRITICAL TOOL FOR CREATING STRATEGIES TO ADDRESS AREAS OF CONCERN AND FOR MEASURING IMPACT OVER TIME. 4.THE TEEN PREGNANCY PREVENTION INITIATIVE IS MADE UP OF COMMUNITY MEMBERS AND PRACTITIONERS IN EDUCATION, HEALTH CARE AND SOCIAL SERVICES CONCERNED ABOUT ALARMINGLY HIGH AND INCREASING LOCAL TEEN PREGNANCY RATES. THE TEEN BIRTH RATE IN PITTSFIELD INCREASED BY 41.3% BETWEEN 1996 AND 2009 AND IN NORTH ADAMS IT INCREASED 28%. DURING THE SAME TIME PERIOD, THE STATE RATE DECREASED 31.2%. TO UNDERSTAND LOCAL PERCEPTIONS, OUR TEAM SURVEYED 900 YOUTH AND ADULTS THROUGHOUT BERKSHIRE COUNTY WHO RECOMMENDED THREE KEY ACTIONS: 1) ACCESS TO COMPREHENSIVE SEXUALITY EDUCATION THAT GOES BEYOND THE "SEX TALK" TO HELPING YOUTH NAVIGATE PERSONAL RELATIONSHIPS; 2) ACCESS TO CONDOMS AND OTHER CONTRACEPTIVES DURING HOURS AND IN LOCATIONS YOUTH FREQUENT AND FEEL SAFE; AND 3) ENSURING YOUTH PERCEIVE OPPORTUNITY AND HOPE FOR A BRIGHT FUTURE. OVER 100 CONCERNED CITIZENS ATTENDED OUR FIRST COMMUNITY CONVERSATION IN PITTSFIELD IN APRIL. THREE WORK GROUPS ARE MEETING TO DEVELOP AND IMPLEMENT STRATEGIES ADDRESSING THE THREE KEY ACTIONS. 5.MASS 2-1-1 IS AN ORGANIZATION SUPPORTED BY ALL MASSACHUSETTS UNITED WAYS AND SEVERAL STATE DEPARTMENTS. MASS 2-1-1 IS STAFFED BY INFORMATION AND REFERRAL SPECIALISTS (MAIRS). IT WAS ESTABLISHED TO PROVIDE AN ESSENTIAL LINK BETWEEN THOSE WHO NEED HELP AND THOSE WHO PROVIDE IT. MASS 2-1-1 IS A STATEWIDE NUMBER THAT PEOPLE CAN CALL FOR NON-EMERGENCY INFORMATION AND REFERRAL. EVERY DAY, SOMEONE SOMEWHERE IN MASSACHUSETTS NEEDS TO FIND ESSENTIAL COMMUNITY SERVICES, EVERYTHING FROM FINDING AN AFTER SCHOOL PROGRAM, LOCATING A FOOD PANTRY OR SOUP KITCHEN, OBTAINING UTILITIES OR FUEL ASSISTANCE, OR SECURING CARE FOR AN AGING PARENT. MASS 2-1-1 IS ALSO AN OFFICIAL STATE CONDUIT FOR INFORMATION IN THE EVENT OF A COMMUNITY LEVEL DISASTER OR EMERGENCY. 6.BERKSHIRE BENCHMARKS AND THE BERKSHIRE REGIONAL PLANNING COMMISSION SUPPLY BERKSHIRE UNITED WAY WITH DATA COLLECTION AND ANALYSIS ASSISTANCE. STARTING IN 2009, BASELINE DATA ON COMMUNITY CONDITIONS WAS COMPILED AND SHARED AND IS NOW UPDATED EACH YEAR. THIS ALLOWS FOR MEASURING AND REPORTING CHANGES IN COMMUNITY CONDITIONS OVER TIME AND ENSURES ACCOUNTABILITY FOR BERKSHIRE UNITED WAY, ITS FUNDED PARTNERS AND THE COMMUNITY. LEARN MORE ABOUT COMMUNITY CONDITIONS AT WWW.BERKSHIREBENCHMARKS.ORG.
ORGANIZATION'S PROCESS USED TO REVIEW FORM 990
FORM 990, PAGE 6, PART VI, LINE 11B
A COPY OF FORM 990 IS DISTRIBUTED TO STAFF, THE FINANCE AND AUDIT COMMITTEES, AND THE FULL BOARD OF DIRECTORS FOR REVIEW PRIOR TO FILING.
ENFORCEMENT OF CONFLICTS POLICY
FORM 990, PAGE 6, PART VI, LINE 12C
THE CODE OF ETHICS IS DISTRIBUTED ANNUALLY. WITHIN THIS DOCUMENT IS THE BERKSHIRE UNITED WAY CONFLICT OF INTEREST POLICY. STAFF, VOLUNTEERS, COMMITTEE MEMBERS, AND BOARD OF DIRECTORS ARE REQUIRED TO COMPLETE A CONFLICT OF INTEREST DISCLOSURE FORM WHICH ASKS ABOUT OTHER COMMITTEES, BOARD MEMBERSHIP AS WELL AS ANY OTHER CONFLICTS SUCH AS FAMILY RELATIONSHIPS. THESE DOCUMENTS ARE REVIEWED BY SEVERAL STAFF MEMBERS TO DETERMINE IF FURTHER ACTION IS REQUIRED. AS INDIVIDUALS ARE NOMINATED TO COMMITTEES OR ASSIGNED TASKS, THESE DOCUMENTS ARE USED TO ENSURE THAT ANY CONFLICTS, REAL OR PERCEIVED, ARE IDENTIFIED. THE POLICY WAS REVIEWED AND UPDATED IN SEPTEMBER, 2010 TO INCLUDE CIRCUMSTANCES WHERE COMMUNITY INVESTMENTS ARE VOTED ON AT BOARD MEETINGS.
COMPENSATION PROCESS FOR TOP OFFICIAL
FORM 990, PAGE 6, PART VI, LINE 15A
THE ORGANIZATION USES SALARY DATA FROM THE UNITED WAY WORLDWIDE AS WELL AS THE LOCAL MARKET. THESE SALARIES ARE REVIEWED BY THE HUMAN RESOURCE COMMITTEE AND APPROVED BY THE BOARD. ALL PROSPECTIVE EMPLOYEES ARE INTERVIEWED BY THE DIRECT SUPERVISOR OF THE POSITION BEING HIRED AND APPROPRIATE OTHER STAFF, THE CEO AND/OR BOARD MEMBERS DEPENDING ON THE POSITION. THE BOARD APPROVED A NEW SALARY STRUCTURE AND COMPENSATION POLICY IN OCTOBER, 2009 BASED ON UNITED WAY WORLDWIDE AND LOCAL DATA.
COMPENSATION PROCESS FOR OFFICERS
FORM 990, PAGE 6, PART VI, LINE 15B
THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS DETERMINES THE SALARY OF THE CEO. THE COMPENSATION IS BASED ON SALARY DATA FROM THE UNITED WAY WORLDWIDE AS WELL AS THE LOCAL MARKET. THE FULL BOARD OF DIRECTORS IS INFORMED OF THE DATA AND DECISIONS MADE FOR CEO COMPENSATION.
GOVERNING DOCUMENTS DISCLOSURE EXPLANATION
FORM 990, PAGE 6, PART VI, LINE 19
THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE UPON REQUEST TO THE PUBLIC. THE FEDERAL FORM 990, AUDITED FINANCIAL STATEMENTS, AND ANNUAL REPORT ARE ALSO AVAILABLE ON THE ORGANIZATION'S WEBSITE.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.