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
Museum of Contemporary Art Cleveland
Employer identification number
34-1148828
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)
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 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.
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
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.") .
4,379,597
6,168,881
9,087,593
3,211,939
3,017,716
25,865,726
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......
75,713
112,896
114,294
201,436
390,318
894,657
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
0
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
0
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
6
Total. Add lines 1 through 5.
4,455,310
6,281,777
9,201,887
3,413,375
3,408,034
26,760,383
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
1,377,200
4,067,289
4,344,000
253,178
620,736
10,662,403
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..
1,377,200
4,067,289
4,344,000
253,178
620,736
10,662,403
8
Public support (Subtract line 7c from line 6.)
16,097,980
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...
4,455,310
6,281,777
9,201,887
3,413,375
3,408,034
26,760,383
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
39,896
14,972
22,918
310,514
474,499
862,799
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
0
c
Add lines 10a and 10b.
39,896
14,972
22,918
310,514
474,499
862,799
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.)
..
144,104
140,766
3,324,654
5,219
1,281
3,616,024
13
Total support. (Add lines 9, 10c, 11, and 12.)..
4,639,310
6,437,515
12,549,459
3,729,108
3,883,814
31,239,206
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
51.531 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
50.364 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
2.762 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
1.902 %
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
Museum of Contemporary Art Cleveland
Employer identification number
34-1148828
Identifier
Return Reference
Explanation
MEMBERS OF THE CORPORATION,
FROM 990, PART VI, LINE 6:
Membership in the Corporation shall consist of the Board of Directors, as permitted by Ohio Revised Code Section 1702.14. The business and property of the Corporation shall be managed and controlled by the Board of Directors.
ELECTION OF THE GOVERNING BODY,
FORM 990, PART VI, LINE 7A:
The Board of Directors shall be self-perpetuating and shall be those persons elected at any meeting of said Board by simple majority vote. The Board of Directors shall have full discretion in all matters relating to the acquisition, holding, management, control, investment and disposition of the property of the corporation. The Board of Directors shall consist of three classes of similar or equal size as possible, and may also include such Honorary Directors as the Board of Directors may elect. The number of Directors in each class my be fixed or changed at any Annual Meeting. Directors shall serve for a term of three years or until their respective successors are elected. Each Director, other than an Honorary Director, shall have one vote and may vote by proxy. Election of the Directors shall be staggered by class, and at each Annual Meeting, Directors shall be elected to the class whose term expires in that year. In the event of any increase in the number of Directors of any class in a year other than the year during which the term of that class expires, any additional Directors elected to such class shall hold office for a term which shall coincide with the full term or the remainder of the term, as the case may be, of such class. Any Director may resign at any time by delivering to the Secretary of the Corporation an oral or written statement to that effect, and such resignation will take effect immediately or at such other time as the Director may specify. The Board of Directors may elect one or more Honorary Directors who shall not be considered for quorum purposes and shall have voice but may not vote. Honorary Directors may serve for such term as the Board of Directors may designate at the time of their election, or, if no term is designated, to an indefinite term. Fifty percent of the voting Directors then in office need to be present in person or by proxy in order to constitute a quorum for a meeting of the Directors. Unless otherwise provided in the Articles or these Regulations, actions shall be taken by the Directors when approved by a majority vote of those Directors present, at the meeting in person or by proxy.
FORM 990 REVIEW,
FORM 990, PART VI, LINE 11B:
The Finance and Audit Committee reviews the Form 990 prior to the filing date of the Form 990. The Board of Directors is emailed the Form 990 prior to the filing of the Form 990.
MONITORING AND ENFORCING OF CONFLICT POLICY,
FORM 990, PART VI, LINE 12C:
MOCA issues and follows up on Conflict of Interest forms annually. MOCA proactively address any perceived conflicts with individual Directors on a case by case basis.
COMPENSATION REVIEW AND APPROVAL,
FORM 990, PART VI, LINE 15:
THE EXECUTIVE DIRECTOR ANNUALLY HAS AN EVALUATION AND REVIEW UNDERTAKEN BY THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS, FOLLOWING MUTUALLY AGREED UPON TERMS OUTLINED IN HER CONTRACT. COMPENSATION IS ESTABLISHED BY THE EXECUTIVE COMMITTEE AFTER REVIEW OF PEER COMPENSATION LEVELS AND REGIONAL BENCHMARKING. INDIVIDUALS ON THE EXECTIVE COMMITTEE ARE INDEPENDENT OF THE EXECUTIVE DIRECTOR. THIS PROCESS WAS LAST UNDERTAKEN IN THE LAST QUARTER OF 2012.
AVAILABILITY OF DOCUMENTS,
FORM 990, PART VI, LINE 19:
MOCA MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST.
DISTRIBUTION OF FORM 990 TO BOARD,
FORM 990, PART VI, LINE 11A:
THE ORGANIZATION SENDS FORM 990 TO ALL BOARD MEMBERS WITH THE NAMES AND ADDRESSES OF DONORS ON SCHEDULE B REDACTED. SINCE THIS INFORMATION ON SCHEDULE B IS MISSING, WE ARE REQUIRED TO ANSWER "NO" TO THE QUESTION ON LINE 11A OF PART VI EVEN THOUGH THE BOARD IS GIVEN THE REST OF FORM 990.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.