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
Massachusetts Audubon Society Inc
Employer identification number
04-2104702
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.") ....
15,716,754
16,863,058
12,375,511
9,056,288
7,058,630
61,070,241
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..
15,716,754
16,863,058
12,375,511
9,056,288
7,058,630
61,070,241
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.
61,070,241
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..
15,716,754
16,863,058
12,375,511
9,056,288
7,058,630
61,070,241
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
3,190,368
3,176,833
-1,888,224
4,265,108
1,491,845
10,235,930
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).
71,306,171
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
32,304,020
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
85.650 %
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
85.230 %
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
Massachusetts Audubon Society Inc
Employer identification number
04-2104702
Identifier
Return Reference
Explanation
Form 990, Part VI, Section A, line 6
Mass Audubon does not have any stockholders but it does have members. Membership is open to all who share the mission of protecting the Massachusetts environment and who pay the required dues. Basic membership costs $44 per year for an individual and $58 per year for a family. Mass Audubon currently has approximately 100,000 members. In addition to lending their support to important conservation efforts, members receive free admission to all Mass Audubon wildlife sanctuaries, a one year subscription to Sanctuary magazine and the Mass Audubon newsletter (Connections) and discounts to Mass Audubon programs, courses and gift shops.
Form 990, Part VI, Section A, line 7a
Mass Audubon members are invited to the annual meeting (held in October or November of each year) to vote on the election of directors, the membership of the Auditing Committee and other business which is before the meeting.
Form 990, Part VI, Section B, line 11
A copy of the Form 990 was reviewed in detail by the Mass Audubon Auditing Committee (a committee of three directors elected by the Mass Audubon membership each year at the annual meeting) and was also made available electronically for review and comment to all other Mass Audubon directors prior to its submission to the Internal Revenue Service.
Form 990, Part VI, Section B, line 12c
Mass Audubon requires directors, officers, and key employees to complete a conflict of interest questionnaire every year. These individuals are instructed to review the Conflict of Interest Policy prior to completing the questionnaire. The completed forms are reviewed by the Chair of the Board of Directors who reports to the Executive Committee. The questionnaire of the Chair is reviewed by the Treasurer who reports to the Executive Committee. The questionnaires are on file at Mass Audubon headquarters and available for review by any interested director or officer. The Board of Directors and staff are also vigilant during the year for any conflicts of interest which may arise in the period between completing the annual questionnaires. At the beginning of a Board or Board committee discussion of any issue in which a director, officer or employee, a close family member of a director, officer or employee or another organization in which they hold a position of power may have an interest, the director, officer or employee will be required to disclose that interest and abstain from voting. The director, officer or employee will leave the room while the discussion of this issue and the voting is taking place.
Form 990, Part VI, Section B, line 15
The process and policy for determining compensation for key employees at Mass Audubon is as follows: The policy of Mass Audubon is to attract and retain key executive talent by providing a competitive total compensation package. In determining competitiveness, Mass Audubon looks primarily to compensation offered by other local non-profit organizations that are similar in size and also takes into account any special circumstances affecting Mass Audubon. The policy also supports providing appropriate key executive pay-for-performance earning opportunities for achieving challenging, pre-established goals consistent with the mission, tax-exempt purpose, and financial resources of Mass Audubon. The Executive Committee of the Board of Directors recommends to the Board of Directors the cash and non-cash compensation policies, programs and amounts, as well as major changes in Mass Audubon benefits plans, applicable to key executives of Mass Audubon as well as to any individual/organization that otherwise meets the definition of "Disqualified Person" in the Internal Revenue Code. "Key executive" is defined as President, Vice President for Operations, Vice President for Programs, Director of Philanthropy, Director of Campaign and Major Gifts, Vice President for Conservation Science and Environmental Management, and any other executive earning over $100,000 per year as of January 1, 2006. "Disqualified Person" is assumed to include for purposes of this Policy anyone on the Board of Directors and may, in indicated circumstances, be deemed to include members of the MAS Council. The term is further deemed to include any other MAS employee earning more than $100,000 per year as of January 1, 2006. The Executive Committee: (1) ensures that no part of the net earnings of Mass Audubon inure to the private benefit of any individual and that any payment of benefits or personal expenses to or for the benefit of select individuals and other transactions potentially benefiting any such individuals are analyzed and carefully approved as compensation for services to Mass Audubon with the benefits to the individuals clearly measured and considered by the Executive Committee; (2) establishes and annually reviews Mass Audubon's overall Executive Compensation Policy to ensure that the policy continues to support Mass Audubon's mission and purpose, attracts and retains key executives, and provides competitive total compensation opportunities at reasonable cost; and (3) acts on behalf of the Board in setting executive total compensation policy, compensation plans, benefit plans and executive contracts for key administrators, and in developing recommendations for the Board with respect to the total compensation of Mass Audubon's key executives and of any Disqualified Persons. The Executive Committee is responsible for a thorough and disinterested review of appropriate total compensation for key executives. The Committee: (1) assesses the nature and scope of the position of each executive under review by the Committee; (2) assesses the basis by which compensation was paid to the key executive in each covered position, for example, exceptional performance, additional duties, or the unique background experiences, personal skills, special abilities, and business challenges facing Mass Audubon that require use of these skills and attributes; (3) Obtains appropriate and comparable compensation market data, including data on the following: (a) similarly situated organizations for functionally comparable positions; (b) geographic differentials which reflect the cost of labor in the Greater Boston area; (c) the availability of similar specialties in the geographic area; (d) independent compensation surveys; (e) aggregated IRS Form 990 compensation information for functionally comparable positions; (f) actual written offers from similar organizations competing for the services of the incumbent. The Executive Committee documents the basis for its determination of the reasonable compensation for those key executives under its review including performance assessment of the key executive and the basis for determining that the compensation of the executive was reasonable in light of that performance assessment and market data. The Executive Committee makes its recommendations to the Board of Directors on an annual basis. The Board of Directors considers the recommendations of the Executive Committee with respect to the compensation of Key Executives, and, if appropriate and reasonable, approves such compensation of the Key Executives. The Board of Directors periodically reviews the membership of the Executive Committee with a view to making sure that no member is subject to a conflict of interest which would make his or her participation in the review of compensation inappropriate.
Form 990, Part VI, Section C, line 19
Mass Audubon makes its governing documents, conflict of interest policy, whistleblower policy, records retention policy, federal tax returns, and audited financial statements available to the public on its web site (www.massaudubon.org) as well as upon request.
Changes in Net Assets or Fund Balances:
Form 990, Part XI, line 5:
Net unrealized gains on investments: 14,888,003. Change in split-interest agreements -565,201. Total to Form 990, Part XI, Line 5: 14,322,802.
Description of change in oversight or selection process:
Form 990, Part XII, Line 2C
No changes occurred with regards to the oversight of the Auditing Committee with respect to the annual audit and selection of the independent audit firm during the year ended June 30, 2011.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.