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
2012
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2,633,896
2,231,882
2,441,502
2,330,869
2,185,775
11,823,924
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
2,633,896
2,231,882
2,441,502
2,330,869
2,185,775
11,823,924
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.
11,823,924
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
2,633,896
2,231,882
2,441,502
2,330,869
2,185,775
11,823,924
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
64,194
49,436
34,626
51,744
47,199
247,199
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
12,038
9,666
4,206
3,861
29,771
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
5,355
1,725
9,680
11,341
15,051
43,152
11
Total support (Add lines 7 through 10).
12,144,046
12
Gross receipts from related activities, etc. (see instructions)
..................
12
392,383
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
97.360 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
97.040 %
16a
33 1/3% support test—2012.
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—2011.
If the organization did not check a 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—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2012
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
2012
Open to Public Inspection
Name of the organization
BERKSHIRE UNITED WAY INC
Employer identification number
04-2104841
Identifier
Return Reference
Explanation
FIRST ACCOMPLISHMENT DESCRIPTION
FORM 990, PAGE 2, PART III, LINE 4A
CONTINUING EDUCATION CREDITS. -92% OF PARENTS THAT TOOK PART IN FAMILY STRENGTHENING PROGRAMS SHOWED IMPROVEMENT IN THEIR ABILITY TO SUPPORT THEIR CHILDREN'S DEVELOPMENT AND LEARNING. -APPROXIMATELY 6,694 FREE, NEW BOOKS WERE GIVEN OUT TO CHILDREN BETWEN 6 MONTHS AND 5 YEARS OF AGE AT WELL-CHILD VISITS THROUGHOUT BERKSHIRE COUNTY AT PEDIATRIC AND FAMILY PRACTICES TO ENCOURAGE AND SUPPORT EARLY LITERACY AS A DEVELOPMENTAL TOOL. -CONTINUED PARTNERSHIP WITH BERKSHIRE PRIORITES, A VOLUNTEER INITIATIVE COMPOSED OF COMMUNITEY LEADERS LEADING PITTSFIELD PROMISE, A PILOT PROGRAM SPECIFICALLY TARGETED TO IMPROVING THE PROFICIENCY OF PITTSFIELD THIRD GRADERS READING AT GRADE LEVEL 90% BY 2020, WITH COLLABORATIVE EFFORTS TO EXTEND COUNTY-WIDE. PITTSFIELD PROMISE IS NOW STARTING ITS SECOND YEAR.
SECOND ACCOMPLISHMENT DESCRIPTION
FORM 990, PAGE 2, PART III, LINE 4B
THE AGES OF 15 AND 19 YEARS OLD BY 10% BY 2016 USING STRATEGIES AIMED AT INCREASED ACCESS TO YOUTH-FRIENDLY REPRODUCTIVE HEALTH SERVICES; COMPREHENSIVE SEXUALITY EDUCATION ACCROSS GRADE LEVELS IN AND OUT OF SCHOOL; PARENT/ADULT EDUCATION TO SHARE VAULES AND EXPECTATIONS; BUILDING AWARENESS OF THE TEEN PREGNANCY ISSUE IN BERKSHIRE COUNTY; BUILDING ASPIRATIONS AMONG OUR YOUTH. - PROVIDING MENTORING, CIVIC ENGAGEMENT, ASSESSMENT AND REFERRAL TO TREATMENT PROGRAMS, FAMILY ENGAGEMENT, AND COLLEGE AND WORK-READY SKILL- BUILDING OPPORTUNITIES THAT PROMOTE POSITIVE BEHAVIORS ACROSS BERKSHIRE COUNTY'S YOUNG ADULT POPULATION. -CONDUCTED PITTSFIELD PREVENTION STRATEGIES: STICKER SHOCK, SHOULDER TAPS SURVEYS, ALCOHOL PURCHASE SURVEYS, TRAINING FOR ALCOHOL SERVICES, SAY IT PROUD AWARD, SOCIAL NORMS MARKETING CAMPAIGNS IN MIDDLE AND HIGH SCHOOLS, 411 IN THE 413 YOUTH CONFERENCE, ACTIVE PARENTING WORKSHOPS, PROM NIGHT POLICE SATURATION PATROLS, RX DRUG ROUND-UPS. -CONDUCTED FACE THE FACTS- REDUCE TEEN PREGANCY STRATEGIES: EXPANDED TEEN OUTREACH PROGRAM CLUBS IN PITTSFIELD; IMPLEMENTED BILLBOARD, MOVIE AD, AND POSTER CAMPAIGNS AIMED RAISING AWARENESS, ENCOURAGING PARENTS TO TALK TO TEENS ABOUT SEX, AND DEGLAMOURIZING TEEN PREGANANCY FOR YOUNG PEOPLE; PRESENTED AT SCHOOL COMMITTE AND ADVOCATED FOR REVIEW OF SEX EDUCATION PROGRAMS IN MIDDLE AND HIGH SCHOOLS; HELD COUNTYWIDE CONFERENCE FOR HEALTH PROVIDERS, COUNSELORS, AND YOUTH WORKERS FOCUSED ON THE ISSUE OF TEEN PREGANCY PREVENTION; CONDUCTED PARENT WORKSHOPS AIMED AT PROVIDING TOOLS TO PARENTS TO TALK TO THEIR CHILDREN ABOUT SEX. -NUMBER OF YOUTH ENGAGED IN MENTORING RELATIONSHIPS: GOAL:196; ACHIEVED 181; 92%- AND OF THOSE 76% FELT SUPPORTED BY THEIR MENTOR. NUMBER OF YOUTH CIVICALLY ENGAGED AND DEMONSTRATING LEADERSHIP: GOAL:587; ACHIEVED 654: 111% - AND 89% OF THOSE PARTICIPATING IN 20 HOURS OR MORE OF COMMUNITY SERVICE, YOUTH LEADERSHIP/YOUTH VENTURE, AND/OR SOCIAL ENTREPRENEURSHIP, FEEL MORE CONNECTED TO THEIR COMMUNITY AS A RESULT.
THIRD ACCOMPLISHMENT DESCRIPTION
FORM 990, PAGE 2, PART III, LINE 4C
ACHIEVED 491; 156% -NUMBER OF INDIVIDUALS WHO COMPLETED FINANCIAL EDUCATION: GOAL 200; ACHIEVED 204; 102% -PROVIDED SUPPORT FOR REINVIGORATING THE LOCAL VOLUNTEER INCOME TAX ASSISTANCE (VITA) PROGRAM WHICH ALLOWED THE OPENING OF AN ADDITIONAL SITE IN PITTSFIELD. FEDERAL FUNDS RETURNED TO BERKSHIRE COUNTY RESIDENTS AS A RESULT OF THIS PROGRAM TOTALED 832,480, OF WHICH 318,637 WERE FROM THE EARNED INCOME TAX CREDIT (EITC), AN INCREASE OF ALMOST 100% FROM 2011. THE NEW VITA SITE PREPARED 195 FEDERAL TAX RETURNS, BRINGING BACK OVER 225K INTO BERKSHIRE COUNTY (ROUGHLY 90,000 OF WHICH IS FROM THE EITC). -INVESTED 9,335 TO SUPPORT MASS 2-1-1, THE EASY-TO-REMEMBER TOLL-FREE NUMBER AVAILABLE TO CALL 24/7 FOR FREE STATEWIDE ACCESS TO HEALTH AND HUMAN SERVICES INFORMATION AND REFERRALS.
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 COMMITTEE, 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 AND A NEW SALARY STRUCTURE BASED ON UNITED WAY WORLDWIDE AND LOCAL DATA ON JANUARY 25, 2012.
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.
RECONCILIATION OF CHANGES - OTHER
FORM 990, PART XI, LINE 9
INVESTMENT EXPENSES -18,845 DIRECT FUNDRAISING EVENT EXPENSES 3,748 K-1 PASSTHROUGH LOSS 1,984 RESERVE FOR UNCOLLECTIBLE ACCOUNTS -81,181 RENTAL PROPERTY EXPENSES 66,441 BOOK ADJUSTMENT TO COST BASIS -1,320 FOREIGN TAX -222 INVESTMENT EXPENSES 18,845 DIRECT FUNDRAISING EVENT EXPENSES -3,748 RENTAL PROPERTY EXPENSES -66,441 FOREIGN TAX 222 BOOK / TAX DEPRECIATION DIFFERENCE -2
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.