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
AIDS COUNCIL OF NORTHEASTERN NEW YORK
Employer identification number
22-2684595
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.") ....
3,724,914
4,045,915
4,232,697
4,611,734
4,674,700
21,289,960
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
3,724,914
4,045,915
4,232,697
4,611,734
4,674,700
21,289,960
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.
21,289,960
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..
3,724,914
4,045,915
4,232,697
4,611,734
4,674,700
21,289,960
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
12,778
11,841
4,864
5,025
13,526
48,034
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.)..
17,777
3,421
11,517
3,917
5,756
42,388
11
Total support (Add lines 7 through 10).
21,380,382
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 2013 (line 6, column (f) divided by line 11, column (f))
.........
14
99.580 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
99.620 %
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
AIDS COUNCIL OF NORTHEASTERN NEW YORK
Employer identification number
22-2684595
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 4
SUMMARY OF 2014 BY-LAW AMENDMENTS AS PER THE REQUIREMENT IN THE AIDS COUNCIL OF NORTHEASTERN NEW YORK BY-LAWS, THE GOVERNANCE COMMITTEE IS PROVIDING WRITTEN NOTICE OF CHANGES TO THE BY-LAWS. ARTICLE ONE NAME AND PURPOSES - THE PURPOSES WILL CONTINUE TO REFLECT THE INCORPORATION PAPERS ALTHOUGH THE MISSION HAS BEEN EXPANDED. ARTICLE TWO BOARD OF DIRECTORS - SECTION TWO CLARIFIES BOARD COMPOSITION TO REFLECT THAT THAT THE BOARD MAY (INSTEAD OF SHALL) INCLUDE PROFESSIONAL PERSONS ENGAGED IN THE FIELDS OF BUSINESS, FINANCE AND THE LAW, MEMBERS OF THE COMMUNITY AT LARGE, AND CONSUMERS OF THE AIDS COUNCIL SERVICES (PREVIOUS REFERENCES TO THE FIELDS OF EDUCATION, HEALTH AND HUMAN SERVICES, AS WELL AS AIDS COUNCIL DONOR REMOVED). ALSO EXPANDS INTEREST TO SOCIAL AND OTHER HEALTH CONDITIONS TO REFLECT OUR EXPANDED MISSION. - SECTION THREE - CLARIFIES THAT DIRECTORS ELECTED TO FILL VACANCIES SHALL SERVE UNTIL THE NEXT ANNUAL MEETING OR UNTIL SUCCESSOR IS ELECTED AND QUALIFIED. IN ADDITION, DIRECTORS ARE AUTHORIZED TO SERVE THREE (INSTEAD OF TWO) CONSECUTIVE TERMS. - SECTIONS FOUR AND FIVE PERMITS BOARD MEMBER PARTICIPATION (ATTENDANCE AND VOTING) IN MEETINGS VIA TELEPHONE, VIDEO OR SIMILAR COMMUNICATIONS AND PERMITS ACTION BY UNANIMOUS WRITTEN CONSENT WITHOUT A MEETING IN WRITING OR THROUGH ELECTRONIC MEANS. ALSO CLARIFIES THAT MEMBERS UTILIZING TELEPHONE, VIDEO OR SIMILAR COMMUNICATIONS TO PARTICIPATE IN A MEETING MUST BE ABLE TO HEAR AND PARTICIPATE IN ALL MATTERS BEFORE THE BOARD, INCLUDING, WITHOUT LIMITATION, THE ABILITY TO PROPOSE, OBJECT TO, AND VOTE UPON A SPECIFIC ACTION TO BE TAKEN BY THE BOARD OR COMMITTEE. - SECTION SIX AUTHORIZES THE BOARD PRESIDENT (IN ADDITION TO THE GOVERNANCE COMMITTEE) TO CONTACT A BOARD MEMBER REGARDING EXCESSIVE ABSENCES. - SECTION SEVEN ADDS REQUIREMENT THAT DIRECTORS COMPLETE THE CONFLICT OF INTEREST STATEMENT ANNUALLY. ARTICLE THREE OFFICERS - SECTION ONE AUTHORIZES OFFICERS TO SERVE FOR THREE CONSECUTIVE TERMS (CURRENT) OR UNTIL A SUCCESSOR OFFICER HAS BEEN SELECTED BY THE BOARD. IN ADDITION, A FORMER OFFICER MAY BE CONSIDERED FOR A NEW TERM AFTER BEING OUT OF THAT OFFICE FOR AT LEAST ONE YEAR. - SECTION TWO REQUIRES AN OFFICER TO GIVE WRITTEN NOTICE OF RESIGNATION TO THE PRESIDENT OR SECRETARY (HAD PREVIOUSLY PERMITTED NOTICE OF RESIGNATION TO BE GIVEN TO THE "BOARD"). - SECTION THREE CLARIFIES THAT BOARD PRESIDENT CHAIRS BOARD MEETINGS (INSTEAD OF "LEADS"). - SECTION FIVE ADDS TO THE SECRETARYS DUTIES THAT HE OR SHE SIGN APPROVED BOARD MEETING MINUTES. - SECTION SIX ADDS TO THE TREASURERS DUTIES THAT HE OR SHE PRESENT THE ANNUAL AUDITED FINANCIAL STATEMENTS AND ANNUAL FEDERAL AND STATE REPORTS AND TAX FILINGS TO THE BOARD FOR APPROVAL. IN ADDITION, ADDS LANGUAGE TO CLARIFY THAT THE TREASURER PRESENT THE FINANCIAL AUDIT TO THE BOARD, AND THAT A PROCESS IS IN PLACE FOR THE INSPECTION OF THE AIDS COUNCIL'S BOOKS OF ACCOUNT BY ANY DIRECTOR. - SECTION SEVEN GRANTS THE SECRETARY THE AUTHORITY (IN ADDITION TO THE PRESIDENT) TO REQUEST THAT THE EXECUTIVE DIRECTOR PREPARE NOTICES AND AGENDAS FOR THE BOARD. ALSO REQUIRES THAT THE EXECUTIVE DIRECTOR ANNUALLY UPDATE THE EXECUTIVE COMMITTEE REGARDING ANY CHANGES OR MODIFICATIONS TO PERSONNEL POLICIES AND PROCEDURES. ARTICLE FOUR BOARD COMMITTEES - REMOVES REFERENCE TO "STANDING" COMMITTEES THROUGHOUT ARTICLE. - PERMITS NOTICE OF EXECUTIVE COMMITTEE MEETINGS TO BE GIVEN BY ELECTRONIC MEANS (IN ADDITION TO BY MAIL, HAND DELIVERY, OR TELEPHONE). IN ADDITION, REQUIRES THE EXECUTIVE COMMITTEE TO CONDUCT A BIENNIAL EVALUATION (INSTEAD OF ANNUAL) OF THE EXECUTIVE DIRECTOR, AND CLARIFIES THAT THE EXECUTIVE COMMITTEE MUST APPROVE MAJOR UPDATES TO THE EMPLOYEE HANDBOOK. FURTHERMORE, REQUIRES THAT THE EXECUTIVE COMMITTEE INFORM THE FULL BOARD OF ACTIVITIES AND DECISIONS MADE AT THE EXECUTIVE COMMITTEE AT THE NEXT REGULARLY SCHEDULED BOARD MEETING (INSTEAD OF SUBJECTING EXECUTIVE COMMITTEE ACTIVITIES TO APPROVAL OF THE FULL BOARD). - SECTION TWO REQUIRES THAT THE AUDIT AND FINANCE COMMITTEE BE COMPRISED ENTIRELY OF INDEPENDENT MEMBERS, DEFINED AS THOSE DIRECTORS WHO: (A) ARE NOT, AND HAVE NOT BEEN WITHIN THE LAST THREE YEARS, AN EMPLOYEE OF THE AIDS COUNCIL OR AN AFFILIATE OF THE AIDS COUNCIL, AND DO NOT HAVE A RELATIVE WHO IS, OR HAS BEEN WITHIN THE LAST THREE YEARS, A KEY EMPLOYEE OF THE AIDS COUNCIL OR AN AFFILIATE OF THE AIDS COUNCIL; (B) HAVE NOT RECEIVED, AND DO NOT HAVE A RELATIVE WHO HAS RECEIVED, IN ANY OF THE LAST THREE FISCAL YEARS, MORE THAN $10,000 IN DIRECT COMPENSATION FROM THE AIDS COUNCIL OR AN AFFILIATE OF THE AIDS COUNCIL; AND (C) ARE NOT A CURRENT EMPLOYEE OF OR DO NOT HAVE A SUBSTANTIAL FINANCIAL INTEREST IN, AND DO NOT HAVE A RELATIVE WHO IS A CURRENT OFFICER OF OR HAS A SUBSTANTIAL FINANCIAL INTEREST IN, ANY ENTITY THAT HAS MADE PAYMENTS TO, OR RECEIVED PAYMENTS FROM, THE CORPORATION FOR PROPERTY OR SERVICES IN AN AMOUNT WHICH, IN ANY OF THE LAST THREE FISCAL YEARS, EXCEEDS THE LESSER OF $25,000 OR TWO PERCENT OF SUCH ENTITYS CONSOLIDATED GROSS REVENUES. ARTICLE SIX LIABILITY - SECTION TWO REMOVES SECTIONS REFERENCING "RELATED PARTY TRANSACTIONS" AND "APPROVAL" AND ADDS: (B) INTERESTED DIRECTORS, OFFICERS, KEY EMPLOYEES AND AFFILIATES. THE AIDS COUNCIL SHALL NOT ENTER INTO ANY RELATED PARTY TRANSACTION, DEFINED AS ANY TRANSACTION, AGREEMENT OR ANY OTHER ARRANGEMENT IN WHICH A RELATED PARTY HAS A FINANCIAL INTEREST AND IN WHICH THE AIDS COUNCIL OR ANY AFFILIATE IS A PARTICIPANT UNLESS SUCH TRANSACTION IS APPROVED IN ACCORDANCE WITH THE AIDS COUNCIL'S CONFLICT OF INTEREST POLICY. RELATED PARTIES INCLUDE (1) ANY DIRECTOR, OFFICER OR KEY EMPLOYEE OF THE AIDS COUNCIL, OR ANY AFFILIATE OF THE AIDS COUNCIL, (2) ANY RELATIVE OF ANY DIRECTOR, OFFICER, OR KEY EMPLOYEE OF THE AIDS COUNCIL, OR ANY AFFILIATE OF THE AIDS COUNCIL, AND (3) ANY ENTITY IN WHICH ANY DIRECTOR, OFFICER OR KEY EMPLOYEE OF THE AIDS COUNCIL, OR ANY AFFILIATE OF THE AIDS COUNCIL, OR THEIR RELATIVE, HAS A 35% OR GREATER OWNERSHIP OR BENEFICIAL OWNERSHIP, OR IN THE CASE OF A PARTNERSHIP OR PROFESSIONAL CORPORATION, A DIRECT OR INDIRECT OWNERSHIP INTEREST IN EXCESS OF 5%. ADDENDUM A COMMITTEES - REMOVES REFERENCE TO "STANDING" COMMITTEES. - FINANCE AND AUDIT LANGUAGE ADDED TO REQUIRE THE COMMITTEE TO REVIEW AND MAINTAIN THE ANNUAL CONFLICT OF INTEREST STATEMENTS FOR BOARD MEMBERS, AS WELL AS RECEIVE ANY REPORTS FROM THOSE ADMINISTERING THE AIDS COUNCIL'S WHISTLEBLOWER POLICY. ADDENDUM B - BOARD MEMBER CONTRACT - MISSION UPDATED TO REFLECT NEW MISSION.
FORM 990, PART VI, SECTION B, LINE 11
THE REVIEW OF FORM 990 IS A THREE-STEP PROCESS. FIRST, A COPY OF THE 990 IS SENT TO THE FINANCE AND AUDIT COMMITTEE MEMBERS FOR THEIR REVIEW. A COMMITTEE MEETING IS HELD AND THE MEMBERS REVIEW AND RECOMMEND CHANGES, IF NECESSARY TO PREPARE IT FOR THE FULL BOARD REVIEW. LASTLY, IT IS REVIEWED AND APPROVED BY THE BOARD OF DIRECTORS AT A BOARD MEETING BEFORE IT IS FILED.
FORM 990, PART VI, SECTION B, LINE 12C
ALL BOARD MEMBERS AND DIRECTORS ARE REQUIRED TO COMPLETE AND SIGN ANNUALLY A CONFLICT OF INTEREST STATEMENT WHICH IDENTIFIES POTENTIAL CONFLICTS OF INTEREST INCLUDING THE PLACE OF THEIR EMPLOYMENT. NEW BOARD MEMBERS ALSO SIGN A RECEIPT OF THE CONFLICT OF INTEREST POLICY. THE CONFLICT OF INTEREST POLICY WAS UPDATED DURING THE YEAR TO REFLECT NEW NYS NONPROFIT REQUIREMENTS.
FORM 990, PART VI, SECTION B, LINE 15A
THE BOARD'S EXECUTIVE COMMITTEE HAS RESPONSIBILITY FOR THE COMPENSATION REVIEW OF THE EXECUTIVE DIRECTOR. A SEARCH AND REVIEW OF EXECUTIVE DIRECTOR SALARIES AT COMPARABLY SIZED ORGANIZATIONS WITH SIMILAR MISSIONS WAS COMPLETED BY THE COMMITTEE DURING 2012. THE AGENCY'S EXECUTIVE DIRECTOR'S SALARY WAS DETERMINED TO BE IN LINE WITH SALARIES AT COMPARABLE ORGANIZATIONS.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION MAKES ITS GOVERNING DOCUMENTS, FINANCIAL STATEMENTS AND FORM 990 AVAILABLE TO THE PUBLIC UPON REQUEST. THE 990 IS ALSO AVAILABLE FOR PUBLIC VIEW ON ITS WEBSITE AND ON GUIDESTAR.ORG.
FORM 990, PART XII, LINE 2C:
THE PROCESS OF OVERSIGHT OF THE AUDIT OF ITS FINANCIAL STATEMENTS AND SELECTION OF AN INDEPENDENT ACCOUNTANT HAS NOT CHANGED FROM THE PRIOR YEAR.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.