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
2011
Open to Public Inspection
Name of the organization
CAL POLY POMONA FOUNDATION INC
Employer identification number
95-2417645
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)
No
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
No
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
No
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
(1)
CALIFORNIA STATE POLYTECHNIC UNIVERSITY POMONA CALIFORNIA STATE POLYTECHNIC UNIVERSITY POMONA
954255659
5
Yes
Yes
Yes
1,080,407
Total
1,080,407
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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—2011.
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—2010.
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—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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) 2007
(b) 2008
(c) 2009
(d) 2010
(e) 2011
(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 2011 (line 8 column (f) divided by line 13 column (f))
.........
15
16
Public support percentage from 2010 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2011 (line 10c column (f) divided by line 13 column (f))
......
17
18
Investment income percentage from 2010 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2011.
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—2010.
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) 2011
Schedule A (Form 990 or 990-EZ) 2011
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) 2011
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
2011
Open to Public Inspection
Name of the organization
CAL POLY POMONA FOUNDATION INC
Employer identification number
95-2417645
Identifier
Return Reference
Explanation
ORGANIZATION'S MISSION
FORM 990 - ORGANIZATION'S MISSION
THE CAL POLY POMONA FOUNDATION, INC., ESTABLISHED IN 1966, IS AN INTEGRAL COMPONENT OF THE EDUCATIONAL MISSION OF CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA,(UNIVERSITY). IN PURSUIT OF THIS MISSION, THE FOUNDATION IS A PARTNER IN THE UNIVERSITY COMMUNITY WHICH INCLUDES STUDENTS, FACULTY, STAFF, ADMINISTRATORS, ALUMNI AND MEMBERS OF THE LARGER COMMUNITY. THE FOUNDATION EXISTS TO PROVIDE THE HIGHEST LEVEL OF SERVICE TO THESE CONSTITUENCIES. THE ROLE OF THE FOUNDATION IS TO PROVIDE APPROPRIATE GOODS AND SERVICES AT A REASONABLE AND COMPETITIVE PRICE, TO PROMOTE AND CELEBRATE THE CULTURAL DIVERSITY OF THE UNIVERSITY, TO HELP FOSTER AND MAINTAIN AN EFFECTIVE LEARNING ENVIRONMENT, TO PROVIDE EDUCATIONAL OPPORTUNITIES, TO REFLECT AN INSTITUTIONAL IMAGE OF COMPETENCE AND QUALITY, TO ENCOURAGE COOPERATIVE RELATIONS WITHIN THE UNIVERSITY COMMUNITY, TO PROVIDE ADVICE ON SERVICES AND RESOURCES APPROPRIATE TO EDUCATIONAL NEEDS, TO GENERATE INCOME THAT CAN AUGMENT UNIVERSITY RESOURCES, TO STRENGTHEN UNIVERSITY IDENTITY AND TO RECOGNIZE AND PROVIDE VISIBILITY FOR THE ACHIEVEMENTS OF MEMBERS OF THE UNIVERSITY COMMUNITY. THE FOUNDATION IS A RECOGNIZED AUXILIARY OF THE CALIFORNIA STATE UNIVERSITY SYSTEM AND CONFORMS TO THE CALIFORNIA CODE OF REGULATIONS, TITLE 5, SECTION 42400 ET SEQ. ESTABLISHED BY THE TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY. THE UNIVERSITY'S ADMINISTRATIVE ORGANIZATION SUPERVISES THE FOUNDATION, AS REQUIRED BY TITLE 5, CALIFORNIA CODE OF REGULATIONS, SECTION 42402.
ANY SIGNIFICANT CHANGES IN CONDUCT FOR PROGRAM SERVICES
FORM 990, PAGE 2, PART III, LINE 3
DURING FISCAL YEAR 2011-12 THE CAL POLY POMONA UNIVERSITY EDUCATIONAL TRUST (TRUST) TOOK ACTION TO DISSOLVE AND DISTRIBUTE THE ASSETS AND LIABILITIES OF THE TRUST TO THE FOUNDATION PER THE ADVICE OF TRUST'S LEGAL COUNSEL. THIS ACTION WAS DETERMINED TO BE THE BEST OPTION FOR THE TRUST AS A RESULT OF ITS FAILURE TO MEET THE PUBLIC SUPPORT TEST AS A RESULT OF A DISPROPORTIONATELY LARGE SIZE GRANT RECEIVED BY THE TRUST AS COMPARED TO OTHER GRANTS RECEIVED AS WELL AS THE INTEGRAL PART TEST. THE TRUST SERVED AS THE RECIPIENT FOR GIFTS AND GRANTS TO PERMANENT ENDOWMENTS ON BEHALF OF THE UNIVERSITY. THE TRUST'S NET ASSETS OF 54,801,078 WERE TRANSFERRED TO THE FOUNDATION ON FEBRUARY 1, 2012.
ALL OTHER ACCOMPLISHMENT DESCRIPTION
FORM 990, PAGE 2, PART III, LINE 4D
STUDENT HOUSING - PROVIDE STUDENT HOUSING FOR THE CONVENIENCE OF STUDENTS AND RESIDENT LIFE ACTIVITIES A. PROVIDE CONFERENCE CENTER AND LODGE FOR EDUCATIONALLY RELATED ACTIVITIES B. PROVIDE BOOKS, SUPPLIES, ETC. THROUGH THE BOOKSTORE C. PROVIDE NON-CREDIT EDUCATIONALY RELATED COURSES D. PROVIDE AGRICULTURAL-AID-TO-INSTRUCTION COURSES
ORGANIZATION'S PROCESS USED TO REVIEW FORM 990
FORM 990, PAGE 6, PART VI, LINE 11B
AT LEAST TWO WEEKS PRIOR TO FILING OF THE ANNUAL FORM 990, THE CHIEF FINANCIAL OFFICER SHALL DISTRIBUTE THE FINAL DRAFT OF THE FORM TO EACH MEMBER OF THE FOUNDATIONS' BOARD OF DIRECTORS FOR THEIR REVIEW AND COMMENT. COMMENTS OR CHANGES SUGGESTED BY SUCH BOARD MEMBER SHALL BE FORWARDED TO THE FOUNDATION'S CHIEF FINANCIAL OFFICER, WHO SHALL REVISE THE FORM IF NECESSARY AND THERAFTER SUBMIT IT TO THE INTERNAL REVENUE SERVICE FOR FILING.
ENFORCEMENT OF CONFLICTS POLICY
FORM 990, PAGE 6, PART VI, LINE 12C
PER THE FOUNDATION'S CONFLICT OF INTEREST - BOARD OF DIRECTORS POLICY 221 EACH YEAR BOARD MEMBERS ARE REQUIRED TO REVIEW THE APPLICABLE PORTION OF THE CALIFORNIA EDUCATION AND ATTEST THAT THEY DO NOT HAVE ANY CONFLICTING FINANCIAL INTERESTS. IF AT ANY TIME, A BOARD MEMBER DETERMINES THAT A CONFLICT OF INTEREST EXISTS, HE/SHE WILL DISCLOSE THE CIRCUMSTANCES TO THE EXECUTIVE DIRECTOR OF THE CAL POLY POMONA FOUNDATION, INC., IMMEDIATELY. IF ANY MEMBER OF THE BOARD OF DIRECTORS IS FOUND TO BE IN VIOLATION OF THIS POLICY OR THE FINANCIAL INTEREST SECTION OF THE CALIFORNIA EDUCATION CODE, THAT MEMBER WILL BE GIVEN A REASONABLE PERIOD OF TIME TO RESOLVE THE CONFLICT. IN THE EVENT THAT THE CONFLICT CAN NOT BE RESOLVED IN A MANNER COMPLIANT WITH THE CALIFORNIA EDUCATION CODE, THE DIRECTOR MUST RESIGN FROM THE BOARD. PER THE FOUNDATION'S CONFLICT OF INTEREST - EMPLOYEES POLICY 222 ALL MANAGEMENT AND OTHER EMPLOYEES (INCLUDING EMPLOYEES OF CALIFORNIA STATE POLYTECHNIC UNIVERSITY, POMONA, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, CONSULTANTS, ETC.) THAT HAVE BEEN DESIGNATED AS IN POSITIONS OF DECISION MAKING AUTHORITY RELATED TO FOUNDATION BUSINESS ACTIVITIES, ARE REQUIRED TO ANNUALLY REVIEW THE APPLICABLE PORTION OF THE CALIFORNIA EDUCATION CODE AND ATTEST THAT THEY DO NOT HAVE ANY CONFLICTING FINANCIAL INTERESTS.
COMPENSATION PROCESS FOR TOP OFFICIAL
FORM 990, PAGE 6, PART VI, LINE 15A
THE COMPENSATION (INCLUDING BENEFITS) OF THE ORGANIZATION'S EXECUTIVE DIRECTOR AND CHIEF FINANCIAL OFFICER IS SUBJECT TO THE FOUNDATION'S EXECUTIVE COMPENSATION POLICY 126. THE BOARD OF DIRECTORS SHALL REVIEW THE COMPENSATION OF THE EXECUTIVE DIRECTOR AND CHIEF FINANCIAL OFFICER AS FOLLOWS: 1.THE BOARD SHALL CONSIDER THE COMPENSATION OF COMPARABLE EMPLOYMENT POSITIONS PAID BY COMPARABLE ORGANIZATIONS. THE BOARD SHALL ALSO TAKE INTO ACCOUNT ANY OTHER RELEVANT INFORMATION AND FACTORS IN DETERMINING THE REASONABLENESS OF EXECUTIVE COMPENSATION. THE MINUTES SHALL REFLECT THE CONSIDERATION OF THE BOARD AS TO THE ISSUE OF EXECUTIVE COMPENSATION. 2.ONLY THOSE MEMBERS OF THE BOARD WHO ARE FREE OF CONFLICTS OF INTEREST MAY BE INVOLVED IN EVALUATION OF EXECUTIVE COMPENSATION. 3.THE BOARD SHALL UNDERTAKE THIS REVIEW PROCESS UPON THE HIRING OF A NEW EMPLOYEE FOR EXECUTIVE DIRECTOR AND CHIEF FINANCIAL OFFICER, AND UPON THE MODIFICATION OF THE COMPENSATION FOR SUCH POSITION, BUT IN NO CASE LESS THAN ANNUALLY.
COMPENSATION PROCESS FOR OFFICERS
FORM 990, PAGE 6, PART VI, LINE 15B
ALL EMPLOYEES HAVE A WRITTEN JOB DESCRIPTION FOR WHICH THEIR PERFORMANCE IS MEASURED ANNUALLY USING A POINT SYSTEM. BOTH THE EMPLOYEE AND REPORTING SUPERVISOR HAVE AN OPPORTUNITY TO PROVIDE INPUT ON THE ANNUAL EVALUATION, AND A REVIEW OF EACH EVALUATION IS COMPLETED BY AN UNINTERESTED THIRD PARTY WITHIN EMPLOYMENT SERVICES. THE OVERALL POINT VALUE DETERMINES THE RATE OF INCREASE, IF ANY. COMPENSATION COMPARABILITY IS COMPLETED BY USING THE AOA COMPENSATION SURVEY, WHICH INCLUDES POSITIONS FROM AS MANY AS 50 OTHER CSU AUXILIARIES, AND ALSO INCLUDES A REVIEW OF THE PUBLISHED CSU SALARY LETTERS AND THEIR RESPECTIVE WRITTEN JOB DESCRIPTIONS. TOGETHER WE USE THIS DATA ALONG WITH OUR OWN HISTORICAL PRACTICES TO DEVELOP OUR SALARY RANGES, AND THIS ANALYSIS AND THE ASSOCIATED SALARY FRAMEWORK IS CONDUCTED INDEPENDENTLY WITHIN EMPLOYMENT SERVICES, AND ULTIMATELY REVIEWED AND APPROVED BY THE BOARD OF DIRECTORS, AND DOCUMENTED ACCORDINGLY.
GOVERNING DOCUMENTS DISCLOSURE EXPLANATION
FORM 990, PAGE 6, PART VI, LINE 19
THE FOUNDATION'S GOVERING DOCUMENTS, CONFLICT OF INTEREST POLICY 206 AND AUDITED FINANCIAL STATEMENTS ARE AVAILABLE TO THE PUBLIC ON THE FOUNDATION'S WEBSITE AND UPON REQUEST.
OTHER CHANGES IN NET ASSETS EXPLANATION
FORM 990, PART XI, LINE 5
DURING FISCAL YEAR 2011-12 THE CAL POLY POMONA UNIVERSITY EDUCATIONAL TRUST (TRUST) TOOK ACTION TO DISSOLVE AND DISTRIBUTE THE ASSETS AND LIABILITIES OF THE TRUST TO THE FOUNDATION PER THE ADVICE OF TRUST'S LEGAL COUNSEL. THIS ACTION WAS DETERMINED TO BE THE BEST OPTION FOR THE TRUST AS A RESULT OF ITS FAILURE TO MEET THE PUBLIC SUPPORT TEST AS A RESULT OF A DISPROPORTIONATELY LARGE SIZE GRANT RECEIVED BY THE TRUST AS COMPARED TO OTHER GRANTS RECEIVED AS WELL AS THE INTEGRAL PART TEST. THE TRUST SERVED AS THE RECIPIENT FOR GIFTS AND GRANTS TO PERMANENT ENDOWMENTS ON BEHALF OF THE UNIVERSITY. THE TRUST'S NET ASSETS OF 54,801,078 WERE TRANSFERRED TO THE FOUNDATION ON FEBRUARY 1, 2012. THE FOUNDATION IMPLEMENTED GASB STATEMENT NO. 45 "ACCOUNTING AND FINANCIAL REPORTING BY EMPLOYERS FOR POSTEMPLOYMENT BENEFITS OTHER THAN PENSIONS" ON A RETROSPECTIVE BASIS AND HAS RECORDED THE COST AND OBLIGATION OF THESE BENEFITS IN THE FINANCIAL STATEMENTS. THE BEGINNING OTHER POSTEMPLOYMENT BENEFIT (OPEB) OBLIGATION WAS ESTABLISHED BY ROLLING BACK THE JULY 1, 2011 VALUATION TO JULY 1, 2007, THE YEAR THE FOUNDATION WOULD HAVE ADOPTED THE REPORTING PROVISIONS OF GASB STATEMENT NO. 45. TO COMPLY WITH THE REPORTING REQUIREMENTS OF GASB STATEMENT NO. 45, THE PRIOR LIABILITY OF 12,624,937 WAS REDUCED BY 10,251,600, AND BEGINNING NET ASSETS WAS RESTATED BY THIS AMOUNT.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.