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. Information about Schedule A (Form 990 or 990-EZ) and its instructions is at www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
PUBLICOLOR INC
Employer identification number
13-3912768
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2,635,296
2,782,928
2,835,634
3,138,788
3,479,967
14,872,613
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
2,635,296
2,782,928
2,835,634
3,138,788
3,479,967
14,872,613
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)..
1,691,892
6
Public support. Subtract line 5 from line 4.
13,180,721
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(f) Total
7
Amounts from line 4..
2,635,296
2,782,928
2,835,634
3,138,788
3,479,967
14,872,613
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
5,512
3,807
2,553
2,190
2,239
16,301
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.)..
41,972
14,440
130
1,110
57,652
11
Total support (Add lines 7 through 10).
14,946,566
12
Gross receipts from related activities, etc. (see instructions)
..................
12
46,494
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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
88.190 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
87.780 %
16a
33 1/3% support test—2013.
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—2012.
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—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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) 2009
(b) 2010
(c) 2011
(d) 2012
(e) 2013
(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 2013 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2013.
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—2012.
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) 2013
Schedule A (Form 990 or 990-EZ) 2013
Page 4
Part IV
Supplemental Information.
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) 2013
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.
Information about Schedule O (Form 990 or 990-EZ) and its instructions is at
www.irs.gov/form990.
OMB No. 1545-0047
2013
Open to Public Inspection
Name of the organization
PUBLICOLOR INC
Employer identification number
13-3912768
Return Reference
Explanation
FORM 990, PART I, LINE 1
PUBLICOLOR'S MISSION IS TO COUNTER INNER-CITY PUBLIC SCHOOLS' ALARMING DROPOUT RATE BY ENGAGING DISCONNECTED YOUTH IN THEIR EDUCATION THROUGH A CONTINUUM OF DESIGN-BASED PROGRAMS AND ACADEMIC SUPPORT. PUBLICOLOR DIRECTLY ADDRESSES TWO OF THE ROOT CAUSES OF POVERTY IN AMERICA, THE UNDER-EDUCATION OF INNER-CITY PUBLIC SCHOOL STUDENTS AND THEIR LACK OF PREPAREDNESS FOR THE WORKFORCE.
FORM 990, PART VI, SECTION A, LINE 2
THE FOUNDER/PRESIDENT, RUTH LANDE SHUMAN, AND THE TREASURER, MICHAEL SHUMAN, HAVE A FAMILY RELATIONSHIP.
FORM 990, PART VI, SECTION B, LINE 11
THE BOARD APPROVED THE RECOMMENDATION OF THE AUDIT COMMITTEE TO AUTHORIZE THE CHIEF FINANCIAL OFFICER TO REVIEW AND APPROVE THE ANNUAL TAX RETURNS FEDERAL FORM 990 RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX AND NY FORM CHAR 500 ANNUAL FILING FOR CHARITABLE ORGANIZATIONS PREPARED BY AN INDEPENDENT ACCOUNTING FIRM BEFORE IT IS FILED WITH THE INTERNAL REVENUE SERVICE.
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST POLICY INCLUDES ALL PERSONS HAVING A FINANCIAL INTEREST IN PUBLICOLOR, INC., DIRECTLY OR INDIRECTLY, THROUGH BUSINESS, INVESTMENT OR FAMILY RELATIONSHIPS. IN CONNECTION WITH AN ACTUAL OR POSSIBLE CONFLICT OF INTEREST, AN INTERESTED PERSON MUST DISCLOSE THE EXISTENCE OF THE FINANCIAL INTEREST, AND IS THEN GIVEN THE OPPORTUNITY TO DISCLOSE ALL MATERIAL FACTS TO THE BOARD OF DIRECTORS REGARDING THE PROPOSED TRANSACTION OR ARRANGEMENT. THE INTERESTED PARTY OR PARTIES WILL BE EXCUSED FROM THE ROOM AS THE BOARD OF DIRECTORS DISCUSS THE DISCLOSURE AND DETERMINE IF A CONFLICT OF INTEREST EXISTS. THE BOARD CHAIR MAY APPOINT A DISINTERESTED PERSON OR COMMITTEE TO INVESTIGATE ALTERNATIVES TO THE PROPOSED ACTION OR TRANSACTION. AFTER EXERCISING DUE DILIGENCE, THE BOARD WILL DETERMINE IF THE ORGANIZATION CAN OBTAIN A MORE ADVANTAGEOUS TRANSACTION OR ARRANGEMENT FROM A PERSON OR ENTITY THAT WOULD NOT GIVE RISE TO A CONFLICT OF INTEREST. IF A MORE ADVANTAGEOUS TRANSACTION IS NOT POSSIBLE, THE BOARD WILL DETERMINE BY A MAJORITY VOTE OF THE DISINTERESTED DIRECTORS IF THE TRANSACTION OR ARRANGEMENT IS IN THE ORGANIZATION'S BEST INTEREST, IS FAIR AND REASONABLE. IN CONFORMITY WITH THE ABOVE DETERMINATION, THE BOARD WILL MAKE A DECISION BY MAJORITY VOTE. IF IT IS DISCOVERED THAT A BOARD MEMBER HAS FAILED TO DISCLOSE AN ACTUAL OR POSSIBLE CONFLICT ON INTEREST, THE BOARD MEMBER WILL BE PROVIDED WITH THE OPPORTUNITY TO EXPLAIN THE ALLEGED FAILURE TO DISCLOSE. IF THE BOARD DETERMINES THE MEMBER HAS FAILED TO DISCLOSE AN ACTUAL OR POSSIBLE CONFLICT OF INTEREST, THE BOARD WILL TAKE APPROPRIATE DISCIPLINARY AND CORRECTIVE ACTION. MINUTES FROM THE BOARD MEETINGS WILL CONTAIN THE NAMES OF THE PERSON(S) WHO DISCLOSED OR OTHERWISE WERE FOUND TO HAVE A FINANCIAL INTEREST, THE NATURE OF THE INTEREST, ACTIONS TAKEN TO DETERMINE IF A CONFLICT EXISTS INCLUDING THE CONTENT OF DISCUSSIONS HELD AND ALTERNATIVES PROPOSED, THE NAMES OF PERSONS PRESENT FOR THE DISCUSSIONS, AND A RECORD OF ANY VOTES TAKEN IN CONNECTION WITH THE PROCEEDINGS. AT THE ORGANIZATION'S ANNUAL BUSINESS MEETING, EACH DIRECTOR AND PRINCIPAL OFFICER WILL ANNUALLY SIGN A STATEMENT TO AFFIRM THE SUCH PERSON HAS RECEIVED A COPY OF THE CONFLICTS OF INTEREST POLICY, HAS READ AND UNDERSTANDS THE POLICY, AND AGREES TO COMPLY WITH THE POLICY. A COPY OF THE ANNUAL STATEMENT IS RETAINED WITH THE ORGANIZATION'S BOOKS AND RECORDS.
FORM 990, PART VI, SECTION B, LINE 15
THE COMPENSATION COMMITTEE CONSISTING OF THE CHAIRMAN OF THE BOARD AND TWO MEMBERS OF THE EXECUTIVE COMMITTEE (FINANCE CHAIR AND DEVELOPMENT CHAIR) DETERMINES THE COMPENSATION OF THE PRESIDENT/FOUNDER. THE COMPENSATION COMMITTEE USES OTHER NON-PROFIT ORGANIZATION SALARIES THROUGH THEIR 990'S, WITH GUIDESTAR NON-PROFIT COMPENSATION REPORT, AND OTHER SALARY SURVEYS TO DETERMINE THE PRESIDENT/FOUNDER'S COMPENSATION. THE COMPENSATION PROCESS IS DOCUMENTED IN THE FINANCE COMMITTEE MINUTES AND THIS PROCESS LAST UNDERTAKEN IN 2013. THE CFO PREPARES THE ORGANIZATION'S BUDGET AND THE PRESIDENT DETERMINES THE COMPENSATION OF OTHER OFFICERS AND KEY EMPLOYEES BASED ON APPROVED BUDGET AND IN CONSULTATION WITH THE COMPENSATION COMMITTEE.
FORM 990, PART VI, SECTION C, LINE 19
THE FORM 990 IS AVAILABLE FOR PUBLIC INSPECTION AS REQUIRED UNDER SECTION 6104 OF THE INTERNAL REVENUE SERVICE CODE AS IT IS POSTED ON THE ORGANIZATION'S WEBSITE, GUIDESTAR.ORG AND OTHER SIMILAR WEBSITES. IN ADDITION, FORMS 990 AND 1023, AS WELL AS THE FINANCIAL STATEMENTS, CONFLICT OF INTEREST POLICY, ARTICLES OF INCORPORATION AND BYLAWS ARE AVAILABLE UPON WRITTEN REQUEST OF THE ORGANIZATION AT 149 MADISON AVENUE, NO. 1201, NEW YORK, NY 10016, OR BY CALLING THE ORGANIZATION AT 212-213-6121.
FORM 990, PART XII, LINE 2C:
THE PROCESS FOR ASSUMING RESPONSIBILITY OVER THE AUDIT OF PUBLICOLOR, INC. AND FOR THE SELECTION OF AN INDEPENDENT ACCOUNTANT HAS NOT CHANGED FROM PRIOR YEARS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.