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
NEWARK WATERSHED CONSERVATION AND DEVELOPMENT CORPORATION
Employer identification number
22-2029048
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.") ....
9,825,126
10,345,686
10,382,617
30,553,429
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
9,825,126
10,345,686
10,382,617
30,553,429
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.
30,553,429
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..
9,825,126
10,345,686
10,382,617
30,553,429
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
3,452
2,378
1,119
3,934
1,641
12,524
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.)..
74,186
517
74,703
11
Total support (Add lines 7 through 10).
30,640,656
12
Gross receipts from related activities, etc. (see instructions)
..................
12
16,007,769
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
99.720 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
99.720 %
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
NEWARK WATERSHED CONSERVATION AND DEVELOPMENT CORPORATION
Employer identification number
22-2029048
Return Reference
Explanation
FORM 990, PART VI, SECTION B, LINE 11
FORM 990 IS REVIEWED BY THE EXECUTIVE DIRECTOR, AND THEN SIGNED AND DATED FORM 990 AND FORM 8879 ARE THEN MADE AVAILABLE TO THE BOARD OF TRUSTEES.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION MAKES THE FINANCIAL STATEMENTS, FORM 990, GOVERNING DOCUMENTS, AND FORM 1023 AVAILABLE TO THE PUBLIC UPON REQUEST. THE EXECUTIVE DIRECTOR IS RESPONSIBLE FOR RECEIVING SUCH REQUESTS AND DELIVERING COPIES OF REQUESTING DOCUMENTS ON A TIMELY BASIS.
FORM 990, PART XI, LINE 9:
CURRENT YEAR DEFICIT, EXPENSES OVER REVENUE. DUE FROM THE CITY OF NEWARK 1,599,937.
FORM 990, SCHEDULE L, PART I:
NEW JERSEY COMPTROLLER'S REPORT DURING THE PAST AT LEAST 2 YEARS, THE NEWARK WATERSHED CONSERVATION AND DEVELOPMENT CORPORATION (THE "NWCDC") HAS BEEN IN A STATE OF TRANSITION DURING 2013 & 2014. THE CITY HAS TERMINATED ITS CONTRACT WITH THE NWCDC TO PROVIDE THE CITY WITH CONSERVATION, DEVELOPMENT AND MANAGEMENT OF THE CITY'S WATERSHED AND OPERATE THE CITY'S WATER TREATMENT FACILITY DURING MARCH 2013. THE BOARD OF TRUSTEES VOTED TO DISSOLVE THE NWCDC IN JUNE 2013. THE SUPERIOR COURT IN ESSEX COUNTY APPOINTED NEW MEMBERS TO THE BOARD OF TRUSTEES IN ORDER TO, AMONG OTHER THINGS, OVERSEE THE NWCDC IN ACCORDANCE WITH THE LAW SINCE THAT TIME, THE BOARD OF TRUSTEES HAS WORKED TOWARDS DISSOLVING THE NWCDC OVER THE LAST YEAR, THE NWCDC HAS WORKED THROUGH A NUMBER OF ISSUES AND QUESTIONS IN ORDER TO COMPLETE ITS 2012 AND 2013 990 RETURNS AND AUDIT. UNFORTUNATELY SEVERAL QUESTIONS AND ISSUES REMAIN, HOWEVER, THE NWCDC WANTS TO ENSURE IT IS MAKING ITS BEST EFFORTS TO COMPLETE ITS FEDERAL FILINGS AS REQUIRED. THE NWCDC IS FILING ITS 2013 FEDERAL 990 WITH THE FOLLOWING DISCLOSURES BELOW, AND WILL, IF NECESSARY, AMEND THE FEDERAL FORM 990 IN THE FUTURE AS NEW INFORMATION BECOMES AVAILABLE. ON FEBRUARY 19, 2014, THE NEW JERSEY OFFICE OF STATE COMPTROLLER (THE "COMPTROLLER") ISSUED AN INVESTIGATIVE REPORT (THE "REPORT") REGARDING THE OPERATIONS AND FINANCIAL PRACTICES OF THE NWCDC THE COMPTROLLERS REPORT LARGELY FOCUSED ON THE ACTIVITY AND TRANSACTIONS THAT OCCURRED BETWEEN 2008 THROUGH 2011, HOWEVER, CERTAIN TRANSACTIONS OUTSIDE OF THAT TIME FRAME MAY HAVE BEEN REVIEWED "WHEN NECESSARY FOR CONTINUITY AND CONTEXT" (REPORT AT 1) THE COMPTROLLER'S REPORT ALLEGES WRONGDOING AND HAS REFERRED CERTAIN MATTERS TO THE NEW JERSEY ATTORNEY GENERAL'S OFFICE FOR FURTHER INVESTIGATION AS IT RELATES TO THE FEDERAL FORM 990. THE COMPTROLLER'S REPORT'S ALLEGATIONS RAISE POTENTIAL ISSUES RELATED TO POSSIBLE EXCESS BENEFIT TRANSATIONS. SOME OF THE COMPTROLLER'S REPORT ALLIGATIONS, WHICH THE NWCDC DOES NOT ADMIT TO OR CONFIRM AND HAS BEEN THE SUBJECT OF THE NWCDC BOARD'S ONGOING INTERNAL REVIEW, ARE SUMMARIZED BELOW THE COMPTROLLER'S REPORT ALLEGES AMONG OTHER THINGS, THE FOLLOWING 1) DURING 2006, THE EXECUTIVE DIRECTOR RECEIVED A "SEVERANCE PAYMENT" IN THE AMOUNT OF $209,097, HOWEVER THE COMPTROLLER'S REPORT STATES THAT THE WEIGHT OF THE AVAILABLE EVIDENCE SUGGESTS THAT (THE EXECUTIVE DIRECTOR) "NEVER ACTUALLY LEFT EMPLOYMENT AT THE NWCDC" (REPORT AT 9) IF THE EXECUTIVE DIRECTOR'S EMPLOYMENT SERVICES NEVER CEASED, THE COMPTROLLER CONCLUDES THAT THE APPROPRIATNESS OF A SEVERANCE PACKAGE IS QUESTIONABLE (ID). 2) DURING 2013, THE EXECUTIVE DIRECTOR RECEIVED A "SEVERANCE PAYMENT" IN THE AMOUNT OF $453,805, WHICH, THE COMPTROLLER'S REPORT CONCLUDED, INCLUDED "UNEARNED SALARY" THROUGH DECEMBER 31,2015 (REPORT AT 10) HOWEVER, THE COMPTROLLER'S REPORT STATES THAT THE EXECUTIVE DIRECTOR" WAS ENTITLED TO FUTURE UNEARNED SALARY ONLY IF THE NWCDC TERMINATED HER WITHOUT GOOD CAUSE," AND THAT THE COMPTROLLER "FOUND NO INDICATION THAT THE NWCDC TERMINATED (THE EXECUTIVE DIRECTOR) WITHOUT GOOD CAUSE" (REPORT AT 11). 3) ADDITIONALLY, THE COMPTROLLER'S REPORT CONCLUDED THAT THE BOARD OF TRUSTEES OF NWCDC, FROM JULY 18,2011, THROUGH MARCH 25, 2013, "OPERATED IN VIOLATION OF IT'S ARTICLES OF INCORPORATION BY FAILING TO HAVE THE MINIMUM REQUIRED NUMBER OF TRUSTEES" (REPORT AT 31). 4) THE COMPTROLLER'S REPORT "NOTED NUMEROUS MANUALLY GENERATED NWCDC CHECKS "ISSUED TO AND SIGNED BY THE EXECUTIVE DIRECTOR AND THAT THE ISSUANCE OF THESE MANUAL CHECKS CONTRIBUTED TO "THE EXECUTIVE DIRECTOR'S COMPENSATION IN EXCESS OF HER BOARD-APPROVED CONTRACT SALARY "EACH YEAR FROM 2008 THROUGH 2011" (REPORT AT 7-8). 5) THE COMPTROLLER'S REPORT FOUND THAT THE EXECUTIVE DIRECTOR "APPROVED SALARY ADVANCES AND BONUSES FOR NWCDC EMPLOYEES WITHOUT BOARD KNOWLEDGE OR APPROVAL, DESPITE THE FACT THAT THOSE PAYMENTS WERE NOT AUTHORIZED BY THE NWCDC'S EMPLOYEE MANUAL" (REPORT AT 25). 6) THE EXECUTIVE DIRECTOR, ACCORDING TO THE COMPTROLLER'S REPORT, AWARDED "NO-BID" CONTRACTS "TO THOSE WITH WHOM SHE HAD A PERSONAL OR PRE-EXISTING RELATIONSHIP," INCLUDING TO FIRMS OWNED BY HER FORMER HUSBAND, A BOARD TRUSTEE'S FATHER, AND FORMER NWCDC EMPLOYEES (REPORT AT 16-23). THE COMPTROLLER FOUND THAT THESE CONTRACT AWARDS WERE MADE WITHOUT THE APPROVAL OF THE BOARD OF TRUSTEES, AND THAT, IN SOME INSTANCES, THE DOCUMENTATION SUPPORTING THE EXPENDITURE OF FUNDS WAS NOT SUFFICIENT (REPORT AT 17-18) WITH REGARD TO ITEMS NUMBERED 1 THROUGH 6, IT IS NOT KNOWN WHETHER SIMILAR TRANSACTIONS OCCURRED DURING 2012 OR UP TO THE TIME OF THE NEWLY APPOINTED BOARD OF TRUSTEES. ADDITIONALY, AT THIS TIME, IT IS NOT POSSIBLE TO QUANTIFY THE TOTAL AMOUNTS OF THE POTENTIAL EXCESS BENEFIT TRANSACTIONS THAT MAY HAVE OCCURRED, THEREFORE SCHEDULE L HAS NOT BEEN COMPLETED. 7) THE COMPTROLLER'S REPORT FOUND THAT DURING 2010, THE EXECUTIVE DIRECTOR, WITHOUT THE KNOWLEDGE OR APPROVAL OF THE BOARD OF TRUSTEES, "LOANED NWCDC FUNDS TO A NOT-FOR-PROFIT AGENCY OF WHICH A SITTING BOARD TRUSTEE WAS PRESIDENT AND CHIEF EXECUTIVE OFFICER" AND THAT THE LOAN RECIPIENT "WAS NOT REQUIRED TO PAY INTEREST ON THE LOAN" AND "ULTIMATELY REPAID THE LOAN LATE, BY CHECK WITHOUT ANY PENALTY BEING IMPOSED" (REPORT AT 24). IT IS NOT KNOWN WHETHER SIMILAR TRANSACTIONS OCCURRED DURING 2012 OR 2013, UP UNTIL THE TIME OF THE NEWLY APPOINTED BOARD OF TRUSTEES. 8) THE COMPTROLLER'S REPORT FOUND THAT DURING 2008 THROUGH 2011, THE EXECUTIVE DIRECTOR, WITHOUT THE KNOWLEDGE OR APPROVAL OF THE BOARD OF TRUSTEES, "ISSUED NWCDC CHECKS TOTALING MORE THAN $250,000 TO VARIOUS COMMUNITY, CHARITABLE AND RELIGIOUS ORGANIZATIONS, INCLUDING ONE ORGANIZATION "THAT RECEIVED THE MAJORITY OF THE FUNDING," AND WHOSE CHAIRMAN WAS AN NWCDC EMPLOYEE (REPORT AT 26). IT IS NOT KNOWN WHETHER SIMILAR TRANSACTIONS OCCURRED IN 2012 OR 2013, UP UNTIL THE TIME OF THE NEWLY APPOINTED BOARD OF TRUSTEES. 9) THE COMPTROLLER'S REPORT FOUND THAT FROM 2005 THROUGH 2011, THE EXECUTIVE DIRECTOR, "MAINTAINED AN ACTIVELY, TRADED BROKERAGE ACCOUNT WHICH SHE SUBSTANTIALLY EXPANDED TO INCLUDE MARGIN TRADING,"AND THAT THE CONTRACTOR HIRED BY THE NWCDC TO COMPLETE ITS ANNUAL INDEPENDENT AUDITS AND PREPARE ITS FEDERAL FORM 990S "FAILED TO INCLUDE COMPLETE INFORMATION ABOUT THE NWCDC'S INVESTMENTS AS REQUIRED BY FORM 990'S INSTRUCTIONS," INCLUDING INFORMATION REGARDING "SALES OF SECURITIES" AND FEES AND COMMISSIONS PAID BY THE NWCDC TO ITS BROKER (REPORT AT 12-15,34). IT IS NOT KNOWN WHETHER SIMILAR TRANSACTIONS OCCURRED DURING 2012 OR 2013, UP UNTIL THE TIME OF THE NEWLY APPOINTED BOARD OF TRUSTEES. THE COMPTROLLER'S REPORT CAN BE ACCESSED AT HTTP//WWW.NJ.GOV/COMPTROLLER/NEWS/DOCS/PR_NWCDC.PDF
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.