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
MONTGOMERY MUSEUM OF FINE ARTS ASSOCIATION
Employer identification number
63-6049847
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
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..
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.
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..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
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).
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
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
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.") .
648,953
469,702
700,832
780,371
671,079
3,270,937
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......
196,626
404,156
349,362
186,119
301,543
1,437,806
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..
750,000
750,000
750,000
750,000
750,000
3,750,000
6
Total. Add lines 1 through 5.
1,595,579
1,623,858
1,800,194
1,716,490
1,722,622
8,458,743
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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.
0
c
Add lines 7a and 7b..
0
8
Public Support (Subtract line 7c from line 6.)
8,458,743
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...
1,595,579
1,623,858
1,800,194
1,716,490
1,722,622
8,458,743
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
230,008
845,752
516,899
534,282
479,897
2,606,838
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
230,008
845,752
516,899
534,282
479,897
2,606,838
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.).
1,825,587
2,469,610
2,317,093
2,250,772
2,202,519
11,065,581
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
76.440 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
79.230 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
23.560 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
20.770 %
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
MONTGOMERY MUSEUM OF FINE ARTS ASSOCIATION
Employer identification number
63-6049847
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 6
THE MONTGOMERY MUSEUM OF FINE ARTS IS A NONPROFIT ORGANIZATION WITH BOARD MEMBERS WHO HAVE THE RIGHT TO PARTICIPATE IN THE ORGANIZATION'S GOVERNANCE, ELECT MEMBERS OF THE GOVERNING BODY AND APPROVE SIGNIFICANT DECISIONS OF THE GOVERNING BODY. MEMBERS DO NOT RECEIVE DISTRIBUTIONS OF INCOME OR ASSETS FROM THE ORGANIZATION NOR MAY THEY RECEIVE A SHARE OF THE ORGANIZATION'S PROFITS, EXCESS DUES OR A SHARE OF THE ORGANIZATION'S NET ASSETS UPON THE ORGANIZATION'S DISSOLUTION. THE MUSEUM IS A DEPARTMENT OF THE CITY OF MONTGOMERY, GOVERNED BY THE CITY'S RULES AND REGULATIONS, OVERSEEN BY THE CITY'S MAYOR AND CITY COUNCIL. THE CITY OF MONTGOMERY SETS GENERAL POLICY AND PROCEDURES FOR ALL ITS DEPARTMENTS INCLUDING THE MUSEUM. THE MUSEUM IS ADDITIONALLY GOVERNED BY THE THE MONTGOMERY MUSEUM OF FINE ARTS ASSOCIATION A 501(C)(3), OF WHICH THE BOARD IS THE GOVERNING BODY. THE MONTGOMERY MUSEUM OF FINE ARTS ASSOCIATION BOARD IS SELF-PERPETUATING, COMPRISED OF 28 BOARD APPOINTED MEMBERS PLUS 9 CITY APPOINTEES.
FORM 990, PART VI, SECTION A, LINE 7A
THE MONTGOMERY MUSEUM OF FINE ARTS HAS MEMBERS OF THE BOARD WHO MAY ELECT ONE OR MORE MEMBERS OF THE GOVERNING BODY.
FORM 990, PART VI, SECTION A, LINE 7B
BOARD MEMBERS OF THE MONTGOMERY MUSEUM OF FINE ARTS HAVE THE RIGHT TO APPROVE OR RATIFY DECISIONS OF THE MUSEUM'S BOARD OF TRUSTEES. IN ITS ROLE AS THE PRIVATE GOVERNING BODY OF THE MONTGOMERY MUSEUM OF FINE ARTS, THE BOARD IS RESPONSIBLE FOR ESTABLISHING THE ETHICAL STANDARDS FOR ALL ASPECTS OF THE MUSEUM'S OPERATION, INCLUDING AREAS OF POLICY, OPERATIONS, FINANCE AND PROFESSIONALISM. IN RATIFYING THE APPOINTMENT OF THE MUSEUM'S DIRECTOR AS DEPARTMENT HEAD BY THE CITY OF MONTGOMERY'S MAYOR, THE BOARD DEFINES THE RIGHTS, POWERS AND DUTIES OF THAT POSITION, AND WORKS TO INSPIRE THE DIRECTOR TO ACHIEVE SUCCESS FOR THE INSTITUTION. THE BOARD HOLDS THE ULTIMATE FIDUCIARY RESPONSIBILITY FOR THE MUSEUM AND ASSURES THE MUSEUM HAS SUFFICIENT FUNDING FOR PROGRAMS AND SERVICES. ITS DUTY IS TO OVERSEE AND FOSTER THE FINANCIAL STABILITY OF THE MUSEUM SO THAT IT CONTINUES TO GROW AS A VITAL INSTITUTION. THE BOARD IS ADVISED BY ITS AUDIT, FINANCE AND INVESTMENT COMMITTEES.
FORM 990, PART VI, SECTION B, LINE 11
A COPY OF THE FORM 990 WAS E-MAILED TO KEY BOARD MEMBERS BEFORE IT WAS FILED. IT WAS ALSO REVIEWED BY THE MUSEUM'S DIRECTOR, TREASURER AND ACCOUNTANT BEFORE THE TAX RETURN WAS FILED.
FORM 990, PART VI, SECTION B, LINE 12C
A COPY OF THE MONTGOMERY MUSEUM OF FINE ARTS' CODE OF ETHICS WILL BE PROVIDED TO EACH MEMBER OF THE MUSEUM'S BOARD AND STAFF AT THE BEGINNING OF THEIR RELATIONSHIP WITH THE MUSEUM AND WILL BE SIGNED BY EACH MEMBER. BOARD AND STAFF SHOULD DISCLOSE ANY POTENTIAL CONFLICT OF INTEREST TO THE MUSEUM AT THAT TIME. THE MUSEUM'S CODE OF ETHICS IS IMPLEMENTED BY AND WILL BE UPDATED OR REVISED BY A VOTE OF THE FULL BOARD. THE MUSEUM'S EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES SERVES AS THE ETHICS COMMITTEE OF THE BOARD OF TRUSTEES. THE ETHICS COMMITTEE WILL BE RESPONSIBLE FOR EXAMINING REPORTS OR REQUESTS CONCERNING PERSONAL COLLECTING, GIFTS, ACQUISITIONS, SALES, TRADES OR OTHER MATTERS AS THEY RELATE TO BOARD MEMBERS OR MUSEUM STAFF WHEN SUCH MATTERS MAY PRESENT THE POTENTIAL FOR A CONFLICT OF INTEREST. THE COMMITTEE WILL CONVENE UPON ITS OWN MOTION, IN RESPONSE TO A WRITTEN REQUEST BY THE BOARD OR UPON WRITTEN REQUEST BY ANY PERSON BOUND BY THE CODE OF ETHICS IN ORDER TO EXAMINE ANY MATTER SUBMITTED TO IT. AFTER MAKING THE APPROPRIATE RECOMMENDATIONS, THE COMMITTEE'S DECISIONS WILL BE REVIEWED BY THE BOARD BEFORE FINAL ACTION IS TAKEN. ANY MATERIALS FILED OR SUBMITTED TO THE COMMITTEE WILL BECOME A PART OF THE MUSEUM'S FILES. CONFIDENTIAL TREATMENT OF THE MATERIAL MAY BE GRANTED BY THE COMMITTEE TO COMPLY WITH THE LAW. A REPORT OF THE COMMITTEE'S ACTIVITIES WILL BE GIVEN TO THE BOARD. OCCASIONALLY THE MUSEUM MAY WISH TO PURCHASE GOODS OR PROFESSIONAL SERVICES (SUCH AS LEGAL, ARCHITECTURAL, BANKING, INVESTMENT OR MANUFACTURED GOODS AND INSURANCE SERVICES) FROM MEMBERS OF THE BOARD. THE TRUSTEES OFFERING THE SERVICES SHALL, FOR HIS OWN GOOD, NOT PARTICIPATE IN THE FINAL VOTE TO USE THE GOODS OR SERVICE. THE EXECUTIVE COMMITTEE OF THE BOARD OF TRUSTEES WILL REVIEW IN ADVANCE ANY SUCH ARRANGEMENT AND WILL PROVIDE A DECISION ON THE MATTER. IF THE ARRANGEMENT IN QUESTION INVOLVES A SUBSTANTIAL MONETARY VALUE, PRIOR APPROVAL FROM THE BOARD WILL ALSO BE REQUIRED.
FORM 990, PART VI, SECTION B, LINE 15
15A: THE PERSONNEL COMMITTEE REVIEWED DATA OF COMPENSATION OF OTHER ART MUSEUM DIRECTORS: IN THE GEOGRAPHIC REGION, BY METROPOLITAN AREA POPULATION, AND BY OPERATING BUDGET SIZE. COMPENSATION DOCUMENTATION AND MINUTES OF MEETINGS ARE KEPT ON RECORD IN THE MUSEUM'S BOARD FILES AND PERSONNEL FILES. 15B: ALL MUSEUM EMPLOYEES ARE REVIEWED BY THEIR SUPERVISORS ON AN ANNUAL BASIS. ALL SALARY INCREASES ARE RECOMMENDED TO THE DIRECTOR WHO PRESENTS THE RECOMMENDED COMPENSATION TO THE PERSONNEL COMMITTEE WHICH THEN PASSES ITS RECOMMENDATION ON TO THE FINANCE COMMITTEE WHOSE RECOMMENDATION IS SENT TO THE FULL BOARD. SALARY ADJUSTMENTS ARE BASED ON DATA OF SIMILAR POSITIONS AT SIMILAR SIZED MUSEUMS AND BUDGETS PRIMARILY IN THE SOUTHEAST.
FORM 990, PART VI, SECTION C, LINE 19
THE MONTGOMERY MUSEUM OF FINE ARTS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AUDIT, ANNUAL REPORT, AND OTHER POLICIES ARE AVAILABLE UPON REQUEST AND ARE APPENDED TO THE MUSEUM'S WEBSITE, WWW.MMFA.ORG.
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
ADJUSTMENT TO BEG. RETAINED EARNINGS -236,520. TOTAL TO FORM 990, PART XI, LINE 5: -236,520.
NO CHANGES WERE MADE TO THE AUDIT COMMITTEE PROCESS FROM THE PRIOR YEAR.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.