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
Trustees of Union College
Employer identification number
14-1338580
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) 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 E(Form 990 or 990-EZ) Department of the TreasuryInternal Revenue Service
SchoolsComplete if the organization answered "Yes" to Form 990, Part IV, line 13,or Form 990-EZ, Part VI, line 48. Attach to Form 990 or Form 990-EZ.
OMB No. 1545-0047
2011
Open to Public Inspection
Name of the organization
Trustees of Union College
Employer identification number
14-1338580
Part I
YES
NO
1
Does the organization have a racially nondiscriminatory policy toward students by statement in its charter, bylaws,
other governing instrument, or in a resolution of its governing body?
......................
1
Yes
2
Does the organization include a statement of its racially nondiscriminatory policy toward students in all its
brochures, catalogues, and other written communications with the public dealing with student admissions,
programs, and scholarships?
......................................
2
Yes
3
Has the organization publicized its racially nondiscriminatory policy through newspaper or broadcast media during
the period of solicitation for students, or during the registration period if it has no solicitation program, in a way
that makes the policy known to all parts of the general community it serves? If "Yes," please describe. If "No,"
please explain. If you need more space use Part II.
.............................
3
Yes
4
Does the organization maintain the following?
a
Records indicating the racial composition of the student body, faculty, and administrative staff?
..........
4a
Yes
b
Records documenting that scholarships and other financial assistance are awarded on a racially nondiscriminatory
Other extracurricular activities?
.....................................
5h
No
If you answered "Yes" to any of the above, please explain. If you need more space, use Part II.
6a
Does the organization receive any financial aid or assistance from a governmental agency?
...........
6a
Yes
b
Has the organization's right to such aid ever been revoked or suspended?
...................
6b
No
If you answered "Yes" to either line 6a or line 6b, explain on Part II.
7
Does the organization certify that it has complied with the applicable requirements of sections 4.01 through 4.05
of Rev. Proc. 75-50, 1975-2 C.B. 587, covering racial nondiscrimination? If "No," explain on Part II.
7
Yes
Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 50085D
Schedule E (Form 990 or 990-EZ) 2011
Schedule E (Form 990 or 990EZ) 2011
Page 2
Part II
Supplemental Information
Complete this part to provide the explanations required by Part I, lines 3, 4d, 5h, 6b, and 7, as applicable. Also complete this part to provide any other additional information (see instructions).
Identifier
Return Reference
Explanation
Part I Question 3
Racially nondiscriminatory policy is publicized through area newspaper. Union College does not discriminate on the basis of race, color, sexual orientation, national or ethnic origin to all the rights, privilages, programs and activities generally accorded or made available to students. This policy extends to the administration of their educational policies, admissions policies, scholarship and loan programs and athletic and other school-administered programs.
Part I Question 6A
The organization has received the following financial aid or assistance from a governmental agency: 1. Federal campus-based aid, which includes Federal Work-Study, Supplemental Educational Opportunity Grants, and Federal Perkins Loans form the U.S. Department of Education. 2. NSF-STEM Scholarships which are funded by the Federal Government. 3. TAP awards, NYS Merit Scholarships and Tuition/Maintenance Grants received from NYS for the HEOP Program.
Schedule E (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
Trustees of Union College
Employer identification number
14-1338580
Identifier
Return Reference
Explanation
Part VI-A, Question 1
There are 47 trustees listed on Part VII, Section A; however only 36 of these trustees have voting rights. Of the 47 trustees, 8 are trustees emeriti which do not have voting rights. In addition, the Governor of the State of New York has voting rights as described in the College's By-Laws; however is not considered a trustee and is therefore not listed on Part VII, Section A. Norton Reamer was Trustee Emeritus through April 2012 then became Life Trustee in May 2012.
Part VI-A, Question 2
1. Stephen Ritterbush & Kathy Magliato - Business Relationship 2. David Breazzano & James Taylor - Business Relationship
Part VI-B, Question 10a
The Trustees of Union College is affiliated with the Alumni Council of Union College, Inc.
Part VI-B, Question 10b
There are written policies and procedures governing the activities of Alumni Council.
Part VI-B, Question 11
Although the College does not provide a copy to all Board members, it does provide a copy of the 990 to the Audit Committee prior to submission for review. The Audit Committee Chair provides an overview of the review to the full Board of Trustees. In addition, a copy of the Form 990 is available for review in the College's Finance Office.
Part VI-B, Question 12c
The Trustees of Union College has a written conflict of interest policy, which requires officers, directors, trustees and key employees to annually disclose interests that could give rise to conflicts. Questionnaires are sent annually to monitor and enforce compliance with the policy. The responses to the questionnaires are reviewed by both the President's Office and Finance for potential conflicts of interest that require disclosure. If a conflict of interest is noted, a Board member would have to recuse himself from voting, if so required.
Part VI-B, Question 15b
The Executive Compensation Committee shall act as a committee of the Board, consisting of the Chairman, Vice Chairman, Secretary, and General Counsel of the Board of Trustees. The Chair of the Board shall serve as the Chair of the Committee. The Committee shall act as the authorized body under Treasury Reg. 53.4958-6, responsible for approving the compensation arrangements of the President and certain key employees, as defined from time to time by the Internal Revenue Service*. Regarding the President, the Committee will: a. Review goals for the upcoming year and accomplishments for the year just ended. b. Obtain appropriate analysis and studies for use in evaluating the compensation of the President. c. Document its deliberations and decision establishing the President's compensation. d. Report to the Executive Committee of the Board annually its findings and actions. *Currently defined as those employees, other than officers or Trustees, who: had reportable compensation of $150,000 or greater on a calendar year basis; had or shared organization-wide control or influence similar to that of an officer or Trustee, or managed or had authority or control over at least 10% percent of the College's activities; and were within that group of the College's top 20 highest paid persons for the year who satisfied both of the foregoing two tests.
Part VI-C, Question 19
The Trustees of Union College's governing documents, conflict of interest policy and financial statements are available to the public upon request. The financial statements are also available on the College's website www.union.edu.
Part VII, Column B
The following individuals listed in Part VII, Column A also devote hours to the following related organizations: - John Sciortino, Trustee (thru March 2012) - Alumni Council; .25 hours per week (March 2012-June 2012) - Stephen Ainlay, Key Employee - Alumni Council (ex-officio); .25 hours per week
Part XI, Line 5
Other changes in net assets or fund balances included in Line 5 are: net unrealized losses $(12,581,253) LOSS ON DEFEASANCE OF DEBT (1,902,175) ALUMNI RELATIONS REVENUE (37,496) ATHLETIC FUNDRAISING EXP 133,393 ACTUARIAL ADJUSTMENT (2,346,797) ATHLETIC SPONSORSHIP AGREEMENT (10,166) TOTAL: $(16,744,494)
SCHEDULE K, PART VI - Supplemental Information
Part II - Proceeds BOND ISSUE 2006: Union College received $33,356,354 in proceeds from the City of Schenectady Industrial Development Agency Civic Facility Refunding Revenue Bonds (Union College Project), Series 2006. These proceeds were used to refinance the 1999 issue and a portion of the 2001 issue. Initially, all proceeds (with the exception of proceeds used for costs of issuance) were placed into an escrow account. Proceeds would remain in the escrow account until the bonds could be called, which was 10 years from the original date of issue. As of June 30, 2012, the 1999 and 2001 debt had been paid off. The date of substantial completion, 2005, represents the year in which the projects related to the 2001 debt (that was refinanced by the 2006 debt) were substantially complete. BOND ISSUE 2012: UNION COLLEGE RECEIVED $24,263,434 IN PROCEEDS FROM THE SCHENECTADY COUNTY CAPITAL RESOURCE CORPORATION CIVIC TAX-EXEMPT REVENUE BONDS (UNION COLLEGE REFUNDING PROJECT), SERIES 2012A. THESE PROCEEDS WERE USED TO REFINANCE THE 2003 ISSUE AND THE REMAINING OUTSTANDING PORTION OF THE 2001 ISSUE. INITIALLY, PROCEEDS FROM THE 2003 PORTION OF THE REFUNDING WERE PLACED INTO AN ESCROW ACCOUNT. PROCEEDS WOULD REMAIN IN THE ESCROW ACCOUNT UNTIL THE BONDS COULD BE CALLED IN 2013. AS OF JUNE 30, 2012, THE 2003 DEBT HAD BEEN PAID OFF. THE DATE OF SUBSTANTIAL COMPLETION, 2005, REPRESENTS THE YEAR IN WHICH THE PROJECTS RELATED TO THE 2003 DEBT (THAT WAS REFINANCED BY THE 2012 DEBT) WERE SUBSTANTIALLY COMPLETE. Part III, Line 5 BOND ISSUE 2010: TO CALCULATE THE PERCENTAGE, THE TOTAL AMOUNT BORROWED ($15,310,000) WAS USED RATHER THAN THE PROCEEDS AMOUNT ACTUALLY DRAWN DOWN ON THE BOND AT 6/30/2012. Part III, Lines 4, 5, and 6 BOND ISSUE 2012: TO CALCULATE THE PERCENTAGE ON LINES 4, 5 AND 6, THE TOTAL PROCEEDS BORROWED WAS USED (INCLUDES THE 2003 AND A PORTION OF THE 2001 REFUNDED BONDS). THE PERCENTAGE OF PRIVATE USE IS GREATER THAN THE 5% CAP AT JUNE 30, 2012. THE COLLEGE HAS A PLAN TO REDUCE THE CONFERENCING ACTIVITY FROM WELLSPRING IN THE FUTURE SO THAT THE AVERAGE PERCENTAGE OF PRIVATE USE OVER THE LIFE OF THE BONDS WILL NOT EXCEED THE 5% CAP.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.