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
The SanduskyErie County Community Foundation
Employer identification number
34-1792862
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.") ....
1,089,737
999,628
1,050,761
1,249,230
675,801
5,065,157
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..
1,089,737
999,628
1,050,761
1,249,230
675,801
5,065,157
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)..
2,212,341
6
Public Support. Subtract line 5 from line 4.
2,852,816
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..
1,089,737
999,628
1,050,761
1,249,230
675,801
5,065,157
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
423,995
289,995
288,444
231,030
292,643
1,526,107
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..
91,483
111,866
-273,726
89,171
69,157
87,951
11
Total support (Add lines 7 through 10).
6,679,215
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
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
42.710 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
41.400 %
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
The SanduskyErie County Community Foundation
Employer identification number
34-1792862
Identifier
Return Reference
Explanation
Form 990, Part VI, Section A, line 2
A board member has a family relationship with a non compensated director emeritus in that they are father and daughter.
Form 990, Part VI, Section A, line 4
Article X (Amendments) of the Community Foundation's current Code of Regulations provides that it may be amended or a new Code of Regulations adopted by the Members of the Foundation at a meeting held for such purpose provided that notice of the general nature or subject matter of such amendment has been given in the notice of the meeting. The New Code differs from the Past Code with respect to provisions for directors, committees and several miscellaneous matters: DIRECTORS 1. The title of the Foundation's President and Chief Executive Officer would be changed to "Executive Director" 2. The size of the Board could be reduced from 23 to 18 over time, by not filling some vacancies as they occur. 3. There would be two classes of directors: Class I ("At Large") directors would include all directors except the 6 that are named by private foundations and those 6 would be the only Class II directors. 4. Class I ("At Large") directors would generally serve terms of 3 years and the 16 non-private foundation directors currently in office and anyone elected as a new Class I Director on June 18, 2010 are referred to in the New Code as "Class I Grandfathered Directors" and would be assigned in approximately equal numbers to terms that expire in each 2011, 2012 and 2013. 5. Class I Grandfathered Directors would be eligible for nomination (a) to only one additional 3 year terms if they will have already served nine years or more at the expiration of the terms to which they are assigned at the 2010 annual meeting OR (b) to two additional 3 year terms if they will have already served less than nine years at such expiration. After a Class I Grandfathered Director is off the Board for one year, he/she would be eligible again for nomination as a Class I Director. 6. Class I ("At Large") directors elected after the effective date of the new Code, i.e. not "Class I Grandfathered Directors" would be limited to three terms of 3 years each but could again be elected after being off the Board for 1 year. 7. Class II directors (appointed by private foundations) could serve an indefinite number of 3 year terms but each 3 year appointment would be made after consultation with the Community Foundation Chair and Executive Director. 8. There would be a provision whereunder an individual who has been a director and/or an officer of the Community Foundation for more than 9 years and who has made significant contributions of his/her time and ability to the affairs of the Community Foundation, could become a director emeritus and be entitled to receive notice of and attend all Board meetings, enter into discussions at such meetings (but not vote) and serve on Community Foundation committees (other than the Executive and the Governance Committees). 9. The immediate past Chair of the Board would automatically serve on the Community Foundation's Executive Committee and be a voting member thereof if he/she is a Board member or a non-voting member thereof if he/she is not a Board member. COMMITTEES 1. There would be the following Standing Committees: (1)Executive, (2)Governance, (3)Grants, which would have a Scholarship Subcommittee, (4)Finance, which would have Investment and Audit Subcommittees, (5)Development, which would have a Gift Acceptance Subcommittee. 2. The Board or Board Chair could establish Non-Standing Committees for such purposes and with such powers and functions as the Board or Board Chair would periodically determine. 3. The Chairs of Standing Committees (except for the Executive Committee, as to which see Section 5), Subcommittees and Non-Standing Committees would be appointed by the Board Chair, in consultation with the Executive Director and be subject to the approval of the Board. 4. The members of Standing Committees (except for the Executive Committee, as to which see Section 5), Subcommittees and Non-Standing Committees would be appointed by the Board Chair, in consultation with the Executive Director, without requiring the approval of the Board. 5. The Executive Committee would consist of the Chair and Vice Chair of the Board (who would serve as the Chair and Vice Chair of such committee), and the Chair of each other Standing Committee (Governance, Grants, Finance and Development) and if he/she elects to do so, 1 or 2 other directors as would be appointed by the Board Chair, in consultation with the Executive Director. 6. The Executive Committee could not amend the Regulations nor elect or remove officers nor approve the appointment of committee chairs, but otherwise would have all of the power and authority of the Board and it would be expected that such committee would utilize sound discretion in determining when to exercise such authority. Further, the Chair of the Executive Committee would be required to advise the members of the Board in writing, within 10 days following each Executive Committee meeting, of actions taken at such meeting, unless for good cause the members of the Executive Committee, by unanimous action, decide that the best interests of the Community Foundation require that such information not be so provided. 7. The Governance Committee (formerly known as the Nominating Committee) would nominate directors and officers of the Community Foundation. Incumbent officers could not serve on the Governance Committee. MISCELLANEOUS MATTERS 1. Delete provisions providing for "Members" of the Community Foundation and grant to the Board all authority vested in "Members" under the Ohio Revised Code, including electing and re-electing directors. 2. Not refer to the "variance power" that is found in the Community Foundation's Article of Incorporation and that remains in effect. 3. Delete descriptions of committees' functions and responsibilities and in lieu thereof, utilize committee functions and responsibility descriptions approved and modified from time to time by the Board. 4. Delete provisions respecting donor advised funds, designated funds and unrestricted funds and in lieu thereof, utilize and apply policies and agreements approved and authorized by the Board from time to time. 5. Delete references to the Internal Revenue Code as a limitation on permissible number of Class II Directors and simply provide that not more than one-third of all Directors and not more than one-third of the members of the Executive Committee and the Governance Committee may consist of Class II Directors, i.e. representatives of private foundatons. 6. Delete provisions respecting conflicts of interests and in lieu thereof, rely upon policies adopted and amended by the Board from time to time. 7. Revise the provision of the current Code (Article IX-A) that precludes the Community Foundation from accepting a contribution to its restricted funds if the consequence thereof would be to cause the value of the Foundation's unrestricted funds to be less than one-fourth of the "Adjusted Value of the Net Assets of the Foundation", i.e. the total net assets of the Foundation per its Statement of Financial Position as of the end of the previous year less the then value of all "Approved Extraordinary Additions", as determined under a complex definition thereof and replace such provision with one that simply provides that without the prior written approval of the Chairman of the Distribution Committee of the Mylander Foundation, the Community Foundation shall not accept a contribution other than to its Unrestricted Funds if the then value of its Unrestricted Funds is less than $2 million. The December 31, 2009 value of the Community Foundation's Unrestricted Funds was in excess of $3.5 million.
Form 990, Part VI, Section A, line 7a
Class II directors (appointed by private foundations) could serve an indefinite number of 3 year terms but each 3 year appointment would be made after consultation with the Community Foundation Chair and Executive Director.
Form 990, Part VI, Section B, line 11
Form 990 is provided to designated governing body members and audit committee for review and approval. Prior to filing, questions and comments of the members are responded to and incorporated into the tax filing as necessary.
Form 990, Part VI, Section B, line 12c
The organization requires its directors, officers, committee members and staff to disclose conflicts annually. The organization then promptly evaluates any disclosed conflicts of interest.
Form 990, Part VI, Section B, line 15
The Board of Directors reviews, recommends and approves compensation for president. A committee of the Board of Directors evaluates the progress of the organization and key employees' contribution toward goals attained by the entity. The committee is aware of compensation trends in general and Erie County in particular. The Board of Directors approves each key employee's compensation for the coming year after appropriate review and deliberation.
Form 990, Part VI, Section C, line 18
Information provided upon request
Form 990, Part VI, Section C, line 19
Information provided upon request
Changes in Net Assets or Fund Balances:
Form 990, Part XI, line 5:
Net unrealized gains on investments: 862,340.
Form 990, Part XII, Line 2c.
The organization has not changed either its oversight process or selection of an independent accountant.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.