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
SEDONA CONFERENCE
Employer identification number
41-1893658
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
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.
0
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..
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. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
0 %
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
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.") .
677,169
412,892
595,310
539,500
573,300
2,798,171
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......
1,287,876
1,132,550
1,270,664
1,161,784
1,335,351
6,188,225
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.
1,965,045
1,545,442
1,865,974
1,701,284
1,908,651
8,986,396
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
137,666
16,809
222,031
174,791
161,544
712,841
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.
4,484
4,484
c
Add lines 7a and 7b..
137,666
21,293
222,031
174,791
161,544
717,325
8
Public support (Subtract line 7c from line 6.)
8,269,071
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...
1,965,045
1,545,442
1,865,974
1,701,284
1,908,651
8,986,396
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
21,967
6,224
8,233
10,475
25,494
72,393
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
21,967
6,224
8,233
10,475
25,494
72,393
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
0
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
0
13
Total support. (Add lines 9, 10c, 11, and 12.)..
1,987,012
1,551,666
1,874,207
1,711,759
1,934,145
9,058,789
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
91.280 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
91.800 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.800 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
0.850 %
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:
12000057
Software Version:
12.19.1011.1
-
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
SEDONA CONFERENCE
Employer identification number
41-1893658
Identifier
Return Reference
Explanation
Form 990 Part I Section B Line 15 The Board of Directors of The Sedona Conference approved a one-time payment to its Founder and Executive Director, Richard Braman, of 995,000, which was paid in June 2013. The Board recognized that Mr. Braman has provided invaluable services to the organization but his compensation and benefits have been substantially below the market for his role and the size of the organization, and the skills, talents and credentials he brings to the position. The payment was approved by the Board in advance of its payment, by Directors who were free from conflicts of interest, in reliance upon a reasoned written opinion from Longnecker Associates LA, nationally recognized independent compensation consultants, and in reliance upon comparable data provided by LA. After a careful analysis of this historical under-compensation, particularly the absence of any form of retirement benefit, and considering the financial and organizational interests of The Sedona Conference, and under the professional guidance of its compensation consultants, the Board determined that a one-time cash payment was reasonable and in the organizations best interests, and the best approach to appropriately and fairly compensate Mr. Braman for his services and to help him plan for his eventual retirement. This one-time payment, approved by the Board, is included in the total for Form 990, Part I, Line 15.
Form 990 Part III Line 4a Program Service Accomplishments Educational Conferences, Working Group Meetings Publications We published 3 new or updated commentaries in our areas of expertise produced 8 conferences reaching approximately 675 attorneys, judges and others interested in the legal system held 3 Working Group meetings reaching approximately 360 attorneys, judges and others which meetings provide a forum for the bench and bar to explore and identify issues related to our areas of expertise and creating educational content in those areas held 4 webinars reaching over 440 people providing educational content in our areas of expertise worked with approximately 650 attorneys, judges and others who participate in our working groups to create forward looking guidelines, best practices and principles in our areas of expertise had over 75000 downloads of our educational content from our website provided for free for personal use to interested attorneys, judges and others fulfilled more than 85 requests from more than 45 courts, federal and state agencies, bar associations, law schools and others to reprint our educational materials issued our annual Sedona Conference Journal distributed to over 200 public courthouses and law libraries on a complimentary basis in addition to our private subscribers.
Form 990 Part III Line 4a Program Accomplishments continued Our director of judicial education and content spoke at 5 federal, state and Canadian judicial education conferences reaching over 420 judges with our educational content held a webinar presenting updates to our Resources for the Judiciary, resulting in 1162 unique visits to that web site during FYE June 2013 conducted a full-day workshop on public access to judicial records attended by approximately 100 state and federal court clerks, archivists, and public information officers and coordinated two major submissions to the Civil Rules Advisory Committee from our Working Group 1 on Electronic Discovery on proposed rules amendments in the area of eDiscovery
Form 990 Part III Line 4a Program Accomplishments continued Commentaries authored by us were cited in 28 reported federal, state and administrative opinions, and were cited in over 170 texts and treatises, 115 scholarly articles, 20 legal newspapers and newsletters, 27 Continuing Legal Education CLE and seminar materials, 28 news reports or blogs, and 17 times in 6 legal practice publications, 20 federal appellate briefs, 55 federal trial court documents, 2 proposed and / or adopted regulations, 5 arbitration materials, and in 1 set of expert materials.
Form 990 Part VI Section B Line 11a Process to Review and Approve Form 990. Our outside tax accountant prepares the Form 990 based on the independent audit work papers and, once reviewed by the board chair, it is transmitted by email to the board for their review and approval in writing which approvals are attached to a written action of the Board.
Form 990 Part VI Section B Line 12c Conflict of Interest Policy. The Board annually reviews the purpose and intent to ensure that any Board members or officers with interests or connections to any organizations providing services to or otherwise connected with the organization do not unduly influence the Board of Directors, and recuse themselves from consideration of any matter with respect to which they may, do, or may appear to have a conflict of interest.
Form 990 Part VI Section B Line 15 a b Compensation Policy. The Board completes a formal process of retaining an outside compensation consultant to collect data on comparable compensation for similar organizations with similar skills, job duties and requirements. Based on this data, the Board approves compensation for management level employees and the Board Chair that it concludes is reasonable and documents the compensation decisions in Board minutes and/or written actions of the Board. Interested employees and the Board Chair do not participate in proceedings or discussions involving the setting of their compensation. Compensation is approved by the Board in advance of any change in compensation for the Board Chair or Management Level employees.
Form 990 Part VI Section C Line 19 The organization will provide in a timely manner, copies of all governing documents, including its conflict of interest policies and financial statements when requested in writing or in person.
Form 990 Part XII Line 2c The board of directors have assigned members to an audit committee to oversee the financial statement audit and select the independent auditor.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.