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
DAKOTA PLAINS LEGAL SERVICES INC
Employer identification number
46-0310828
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.") ....
2,104,420
2,010,052
1,883,685
2,063,295
2,115,995
10,177,447
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..
2,104,420
2,010,052
1,883,685
2,063,295
2,115,995
10,177,447
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.
10,177,447
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..
2,104,420
2,010,052
1,883,685
2,063,295
2,115,995
10,177,447
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
8,072
8,776
3,435
92
522
20,897
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
10,198,344
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
15,320
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
99.800 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
99.750 %
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
DAKOTA PLAINS LEGAL SERVICES INC
Employer identification number
46-0310828
Identifier
Return Reference
Explanation
ORGANIZATION'S MISSION
FORM 990 - ORGANIZATION'S MISSION
PROMOTE EQUAL ACCESS TO JUSTICE AND IMPROVE THE LIVES OF OUR LOW INCOME CLIENTS THROUGH QUALITY LEGAL ASSISTANCE. THE ORGANIZATION PROVIDES LEGAL REPRESENTATION, ADVOCACY, CONFLICT RESOLUTION, AND COMMUNITY EDUCATION OPTIONS TO MEET THE LEGAL NEEDS OF ITS NATIVE AMERICAN AND NON-NATIVE AMERICAN CLIENTS AND ITS COMMUNITY. THIS INCLUDES INDIAN LAW, FAMILY LAW, HOUSING LAW, AND INCOME MAINTENANCE LAW. ALL OFFICES ARE LOCATED ON OR NEAR INDIAN RESERVATIONS IN SOUTH DAKOTA AND NORTH DAKOTA, AND THE ORGANIZATION HAS AN ESPECIALLY PROUD HISTORY OF EFFECTIVE ADVOCACY ADDRESSING THE UNIQUE LEGAL NEEDS OF ITS NATIVE AMERICAN CLIENTS.
RELATED PARTY INFORMATION AMONG OFFICERS
FORM 990, PAGE 6, PART VI, LINE 2
DANA HANNA LYNETTE GOOD VOICE BOARD MEMBER ADMIN FAMILY BETTE ANN MARSHALL DAWN MARSHALL BOARD MEMBER SECRETARY FAMILY
ORGANIZATION'S PROCESS USED TO REVIEW FORM 990
FORM 990, PAGE 6, PART VI, LINE 11B
A DRAFT FORM 990 IS REVIEWED BY MANAGEMENT BEFORE FILING. MANAGEMENT AND THE ACCOUNTANT MEET VIA TELECONFERENCE AND GO OVER THE FORM. QUESTIONS ARE ASKED AND ANSWERED. THE FINAL FORM 990 IS MAILED TO EACH DIRECTOR FOR REVIEW IN THE BOARD PACKET. THE FORM IS THEN REVIEWED AND DISCUSSED BY THE BOARD AT ITS JULY QUARTERLY MEETING BEFORE THE FORM IS FILED.
ENFORCEMENT OF CONFLICTS POLICY
FORM 990, PAGE 6, PART VI, LINE 12C
THE BOARD OF DIRECTORS ARE REQUIRED TO DISCLOSE ANNUALLY OR SOONER ANY INTEREST THAT COULD GIVE RISE TO CONFLICTS, INCLUDING THOSE OF ANY BOARD MEMBERS' IMMEDIATE FAMILY. THE POLICY REQUIRES A BOARD MEMBER TO IDENTIFY ANY BUSINESS SERVICE OR FINANCIAL CONFLICT OF INTEREST A BOARD MEMBER OR THEIR IMMEDIATE FAMILY MAY HAVE. BOARD MEMBERS AND THEIR IMMEDIATE FAMILY ARE PROHIBITED FROM SELLING TO THE ORGANIZATION ANY GOODS OR PROFESSIONAL SERVICES WHILE SERVING ON THE BOARD AND UP TO ONE YEAR AFTER THE COMPLETION OF THEIR TERM OF OFFICE. THE POLICY REQUIRES THE ORGANIZATION TO REGULARY AND CONSISTENTLY MONITOR AND ENFORCE COMPLIANCE WITH POLICY WITH THE USE OF THE CONFLICT OF INTEREST DISCLOSURE STATEMENT. A BOARD MEMBER IS REQUIRED TO DISCLOSE ANY RELATIONSHIP THE BOARD MEMBER AND IMMEDIATE FAMILY MAY HAVE, THROUGH EMPLOYMENT, OWNERSHIP, OR ROLE AS DIRECTOR IN ANY BUSINESS THAT PROVIDES GOODS AND SERVICES WHICH THE ORGANIZATION MAY BE A POTENTIAL CUSTOMER. IN THE EVENT THE ORGANIZATION CONSIDERS PURCHASING SERVICES OR AWARDING A GRANT OR CONTRACT TO AN ORGANIZATION OF WHICH A BOARD MEMEBER (OR AN IMMEDIATE FAMILY MEMBER) IS AN OFFICER OR DIRECTOR, THE BOARD MEMBER SHALL NOT PARTICIPATE IN ANY DECISION REGARDING SUCH PURCHASE OR AWARD. SIMILARLY, BOARD MEMBERS IN SUCH A CONFLICT SITUATION SHALL NOT PARTICIPATE IN SETTING ANY RFP OR OTHER BID CRITERIA WHEN THE OUTSIDE ORGANIZATION WITH WHICH THEY ARE INVOLVED IS A PROSPECTIVE BIDDER. WITH RESPECT TO SPECIFIC BOARD DISCUSSIONS OR DECISIONS, ANY BOARD MEMBER OR ORGANIZATION'S EXECUTIVE DIRECTOR MAY RAISE THE ISSUE OF AN ACTUAL, POTENTIAL OR APPEARANCE OF CONFLICT OF INTEREST INVOLVING A BOARD MEMBER THAT HAS NOT BEEN DISCLOSED OR IDENTIFIED. FOR THE PROTECTION OF THE BOARD AS WELL AS THE INDIVIDUAL BOARD MEMBER, AND BOARD MEMBER WHO IS AWARE OF ACTUAL OR POTENTIAL CONFLICT HAS A RESPONSIBILITY TO DISCLOSE OR IDENTIFY IT FOR ACTION BY THE BOARD OR THE BOARD MEMBER. IN THE EVENT OF BOARD DISCUSSION AND/OR DECISION THAT AFFECTS THE STRATEGY, POSITION, PERSPECTIVE APPROACH OF THE ORGANIZATION TOWARD AN AGENCY OR ORGANIZATION OF WHICH THE BOARD MEMBER (OR IMMEDIATE FAMILY MEMBER) IS AN EMPLOYEE, OFFICER OR DIRECTOR, THE BOARD MEMBER SHALL INDICATE A CONFLICT OF INTEREST SITUATION AND SHALL REFRAIN FROM DEBATING OR VOTING ON THE ISSUE. BOARD MEMBERS RETAIN THE RIGHT TO ABSTAIN FROM THE DEBATE OR VOTING WHEN THEY BELIEVE THEY ARE IN A POSITION OF CONFLICT OR WHAT MIGHT REASONABLY CREATE THE APPEARANCE OF A CONFLICT. BOARD MEMBERS ARE ENCOURAGED TO MAKE SUCH DISCLOSURE AND REFRAIN FROM PARTICIPATION IN SUCH CIRCUMSTANCES. THE BOARD IS THE FINAL ARBITER OF ANY DEBATE OR DISPUTE AS TO WHETHER A BOARD MEMBER IS IN A POSITION THAT CREATES AN ACTUAL, POTENTIAL OR THE APPEARANCE OF A CONFLICT OF INTEREST REQUIRING THE BOARD MEMBER TO BE DISQUALIFIED FROM PARTICIPATING IN OR VOTING ON A SPECIFIC ISSUE. BECAUSE OF THE IMPORTANCE OF A DECISION LIMITING A BOARD MEMBER'S RIGHT TO VOTE, A 2/3 MAJORITY VOTE OF THE BOARD MEMBERS PRESENT SHALL BE REQUIRED IN ORDER TO DISQUALIFY A BOARD MEMBER FROM PARTICIPATING OR VOTING BASED ON A CONFLICT OF INTEREST. ANY DISQUALIFICATION APPROVED BY THE BOARD SHALL BE SPECIFIC TO THE ISSUE INVOLVED AND SHALL NOT AFFECT THE BOARD MEMBER'S RIGHT TO PARTICIPATE IN OR VOTE ON ANY OTHER UNRELATED MATTER BROUGHT BEFORE THE BOARD FOR DISCUSSION OR VOTE.
COMPENSATION PROCESS FOR TOP OFFICIAL
FORM 990, PAGE 6, PART VI, LINE 15A
THE EXECUTIVE DIRECTOR'S COMPENSATION WAS NEGOTIATED WITH THE EXECUTIVE COMMITTEE OF THE ORGANIZATION'S BOARD OF DIRECTORS AND APPROVED BY A MOTION. THE EXECUTIVE COMMITTEE'S MOTION SETTING THE EXECUTIVE DIRECTOR'S COMPENSATION WAS THEN RATIFIED BY THE FULL BOARD AT ITS NEXT BOARD MEETING. THESE DELIBERATIONS, MOTIONS AND DECISIONS WERE DOCUMENTED CONTEMPORANEOUSLY AND IN ACCORDANCE WITH THE BY-LAWS. WHEN SETTING THE EXECUTIVE DIRECTOR'S COMPENSATION, THE BOARD REVIEWS COMPARABLE DATA OF SIMILARLY QUALIFIED PERSONS IN SIMILAR POSITIONS FOR LEGAL SERVICES. THE EXECUTIVE DIRECTOR'S COMPENSATION IS REVIEWED AND APPROVED PERIODICALLY BY THE BOARD OF DIRECTORS. THE EXECUTIVE DIRECTOR HAD NO SALARY INCREASE IN 2010.
COMPENSATION PROCESS FOR OFFICERS
FORM 990, PAGE 6, PART VI, LINE 15B
THE ADMINISTRATOR POSITION WAS CREATED IN 2005 DUE TO THE RESIGNATION OF THE CO-DIRECTORS IN THE SAME YEAR. THE BOARD OF DIRECTORS DECIDED THE EXECUTIVE DIRECTOR WOULD BE THE CEO AND HAVE OVERALL RESPONSIBILITY FOR FINANCIAL, PERSONNEL, AND LEGAL MANAGEMENT OF THE ORGANIZATION. THIS ELIMINATED THE NEED FOR A CO-DIRECTOR. IN ITS PLACE, THE ADMINISTRATOR POSITION WAS CREATED TO ASSIST THE EXECUTIVE DIRECTOR AND TO ACT AS FINANCIAL OFFICER. THIS WAS APPROVED BY THE BOARD IN 2005. AT THIS SAME BOARD MEETING, THE BOARD OF DIRECTORS APPROVED A SALARY SCALE FOR THE POSITION AS IS ACCORDED ALL OTHER LEGAL SECRETARY, ADMINISTRATION, ATTORNEY POSITIONS IN THE ORGANIZATION. THE SALARY SCALE OF SIMILAR POSITIONS WITHIN THE ORGANIZATION AND COMPARABLE COMPENSATION OF SIMILARLY QUALIFIED PERSONS IN SIMILARLY SITUATED LEGAL SERVICES PROGRAMS WAS USED TO DEVELOP THE SALARY SCALE ADOPTED. THE SALARY SCALE IS A YEARLY STEP INCREASE IN SALARY ACCORDING TO YEARS OF EXPERIENCE. ALL ORGANIZATION EMPLOYEES ALSO RECEIVE A YEARLY STEP INCREASE IN ACCORDANCE WITH THEIR SALARY SCALE (WITH THE EXCEPTION OF THE EXECUTIVE DIRECTOR WHOSE SALARY IS DETERMINED BY THE BOARD OF DIRECTORS) UNTIL THEY REACH THE MAXIMUM IN WHICH CASE THERE IS NO LONGER STEP INCREASES ALLOWED.
GOVERNING DOCUMENTS DISCLOSURE EXPLANATION
FORM 990, PAGE 6, PART VI, LINE 19
THE ORGANIZATION MAKES COPIES OF ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST AND ALSO ALLOWS INSPECTION AT THE ADMINISTRATIVE OFFICE IN MISSION, SD.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.