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
FRIENDS OF WESTCHESTER COUNTY PARKS INC
Employer identification number
13-2937499
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.") ....
2,759,141
2,793,393
1,902,798
835,777
1,056,383
9,347,492
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
2,759,141
2,793,393
1,902,798
835,777
1,056,383
9,347,492
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)..
287,666
6
Public support. Subtract line 5 from line 4.
9,059,826
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..
2,759,141
2,793,393
1,902,798
835,777
1,056,383
9,347,492
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
46,333
23,583
19,382
16,822
18,481
124,601
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
43,831
43,831
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
1,140
25,348
47,069
72,490
85,014
231,061
11
Total support (Add lines 7 through 10).
9,746,985
12
Gross receipts from related activities, etc. (see instructions)
..................
12
216,384
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
92.950 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
93.050 %
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
FRIENDS OF WESTCHESTER COUNTY PARKS INC
Employer identification number
13-2937499
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 2
EXECUTIVE DIRECTOR, JOSEPH A. STOUT OF FWCP IS THE PRESIDENT OF JOMAKE GROUP. JOSEPH A. STOUT WAS HIRED AS EXECUTIVE DIRECTOR OF FWCP PER A MANAGEMENT AGREEMENT WITH THE JOMAKE GROUP. ELIZABETH BRACKEN-THOMPSON, CHAIRPERSON OF FWCP IS CO-OWNER OF THOMPSON & BENDER LLC. THOMPSON & BENDER LLC WAS HIRED TO DO PUBLIC RELATIONS FOR FWCP.
FORM 990, PART VI, SECTION A, LINE 3
THE ORGANIZATION OUTSOURCES ITS MANAGEMENT DUTIES, SPECIFICALLY THE POSITION OF EXECUTIVE DIRECTOR, TO THE JOMAKE GROUP INC. THE FEE PAID TO THE JOMAKE GROUP INC. IN 2013 FOR THE EXECUTIVE DIRECTOR'S SERVICES WAS $79,992. THE EXECUTIVE DIRECTOR PROVIDES PROFESSIONAL LEADERSHIP, OVERSEES ALL OPERATIONS AND MANAGEMENT FOR FWCP STAFF. ACTS AS A LIAISON BETWEEN WESTCHESTER COUNTY PARKS, BOARD OF LEGISLATURES, ADVOCACY GROUPS AS WELL AS ANY OTHER PARTIES ON THE BEHALF OF FWCP. DEVELOP AND IMPLEMENT PROGRAMS. MONITORS RULES, REGULATIONS AND COMPLIANCE WITH ALL POLICIES AND BY-LAWS. RECRUIT, SUPERVISE STAFF. CONTRACT IS APPROVED BY THE FULL BOARD OF TRUSTEES UPON RECOMMENDATION OF THE CHAIR THE EXECUTIVE COMMITTEE.
FORM 990, PART VI, SECTION A, LINE 4
ARTICLE IV - MANAGEMENT BOARD OF TRUSTEES 4.19 EXECUTIVE COMMITTEE. THERE SHALL BE AN EXECUTIVE COMMITTEE OF THE BOARD CHARGED WITH MANAGEMENT OVERSIGHT AND EXECUTIVE SUPERVISION OF THE OPERATIONS OF THE FRIENDS. THE EXECUTIVE COMMITTEE SHALL CONSIST OF THE CHAIRMAN OF THE BOARD, THE VICE CHAIRMAN OF THE BOARD, THE SECRETARY (PROVIDING SUCH SECRETARY IS A BOARD MEMBER), THE TREASURER (PROVIDING SUCH TREASURER IS A BOARD MEMBER), THE IMMEDIATE PAST PRESIDENT AND TWO FOUR OTHER TRUSTEES APPOINTED BY THE CHAIR. PROPOSED BY-LAW CHANGE - ARTICLE 5 COMMITTEES ADD AT LINE 419 PERSONNEL COMMITTEE THE PERSONNEL COMMITTEE SHALL BE COMPRISED OF THE OFFICERS OF THE CORPORATION AND SHALL BE VESTED WITH THE RESPONSIBILITY OF REVIEWING AND EVALUATING THE EXECUTIVE DIRECTOR AND OTHER EMPLOYEES AND MAKING RECOMMENDATIONS FOR ACTION TO THE BOARD OF TRUSTEES. SUCH EVALUATIONS SHALL AT A MINIMUM OCCUR ANNUALLY AND BEFORE THE END OF ANY PROBATIONARY PERIODS. PROPOSED BY-LAW CHANGE ARTICLE 4 SECTION 3 SECTION 4.2. NUMBER OF TRUSTEES. THE NUMBER OF TRUSTEES SHALL BE AS PRESCRIBED IN SECTION 4.3. SECTION 4.3. SELECTION OF TRUSTEES. THE TRUSTEES SHALL BE SELECTED AS FOLLOWS: EX OFFICIO TRUSTEES: THE FOLLOWING PERSONS, BY VIRTUE OF THEIR POSITION, SHALL SERVE AS TRUSTEES: (I) THE COMMISSIONER OF THE DEPARTMENT OF PARKS, RECREATION AND CONSERVATION OF WESTCHESTER COUNTY. THIS SHALL BE A NON-VOTING POSITION. GENERAL TRUSTEES: TWENTY SEVEN (27) TRUSTEES, DIVIDED INTO THREE (3) CLASSES OF NINE (9) EACH (OR FEWER IF THERE ARE FEWER THAN 2 27 TRUSTEES), ELECTED BY THE EXISTING TRUSTEES. THE CLASSES SHALL BE REFERRED TO AS CLASS 1, CLASS 2 AND CLASS3 RESPECTIVELY, AND THE TERMS OF THE THREE CLASSES WILL BE STAGGERED SO THAT EACH YEAR THE TERM OF ONE CLASS WILL EXPIRE. CLASS 1 TRUSTEES, CLASS 2 TRUSTEES AND CLASS 3 TRUSTEES SHALL EACH HAVE THE SAME POWERS, RIGHTS AND OBLIGATIONS AND SHALL DIFFER ONLY AS TO THE TIME AT WHICH THEIR TERM OF OFFICE SHALL EXPIRE. PROPOSED CHANGES TO ARTICLE 4, SECTION 17- SECRETARY LINES 253 -257 4.17 SECRETARY. THE SECRETARY SHALL MONITOR THE EXECUTIVE DIRECTOR WHO SHALL CAUSE NOTICES TO BE ISSUED OF ALL MEETINGS OF THE TRUSTEES, AND OF ALL COMMITTEES AND A RECORD TO BE MADE OF THE PROCEEDINGS OF THE SAME. THE SECRETARY SHALL ALSO CAUSE THE EXECUTIVE DIRECTOR TO ATTEND TO ALL OFFICIAL CORRESPONDENCE, SHALL ENSURE THAT THE EXECUTIVE DIRECTOR HAS CUSTODY OF AND PRESERVES THE CORPORATE SEAL AND THE ARCHIVES, AND SHALL AFFIX THE SEAL UNDER THE DIRECTION OF THE CHAIRMAN OF THE BOARD OR THE BOARD. THE SECRETARY NEED NOT BE A TRUSTEE. PROPOSED CHANGES TO ARTICLE 4, SECTION 16 - TREASURER LINES 240 -251 4.16 TREASURER. THE TREASURER SHALL MONITOR THE EXECUTIVE DIRECTOR WHO SHALL RECEIVE AND DISBURSE ALL FUNDS OF THE CORPORATION UNDER THE DIRECTION OF THE BOARD AND SHALL DEPOSIT ALL FUNDS IN THE NAME OF THE CORPORATION AND ALL SECURITIES IN SUCH DEPOSITORY OR DEPOSITORIES AS THE BOARD MAY FROM TIME TO TIME DESIGNATE OR APPROVE. THE TREASURER SHALL CAUSE THE EXECUTIVE DIRECTOR TO MAINTAIN CUSTODY OF AND PRESERVE ALL RECORDS AND DOCUMENTS RELATING TO THE PROPERTY OF THE FRIENDS AND KEEP PROPER BOOKS OF ACCOUNTS WHICH SHALL BE OPEN AT ALL TIMES TO INSPECTION BY THE BOARD. THE TREASURER SHALL RENDER TO THE BOARD UPON REQUEST A REPORT OF ALL THE TRANSACTIONS OF THE EXECUTIVE DIRECTOR, AND AT LEAST ONCE A YEAR HE OR SHE SHALL SUBMIT TO THE BOARD A STATEMENT OF THE FINANCIAL CONDITION OF THE FRIENDS, CERTIFIED BY INDEPENDENT ACCOUNTANTS, CONSISTING OF A BALANCE SHEET AND RELATED STATEMENTS OF INCOME AND EXPENSES AND OF CHANGES IN ALL FUNDS FOR THE FISCAL YEAR THEN ENDED. THE BOARD MAY REQUIRE THE TREASURER TO ENSURE THAT THE EXECUTIVE DIRECTOR OBTAIN SUCH INSURANCE AND IN SUCH AMOUNT AS IT SHALL DETERMINE. THE TREASURER NEED NOT BE A TRUSTEE.
FORM 990, PART VI, SECTION B, LINE 11
THE FRIENDS OF WESTCHESTER COUNTY PARKS INC. HAS ITS FORM 990 PREPARED BY AN OUTSIDE ACCOUNTING FIRM AND HAS ESTABLISHED THE FOLLOWING REVIEW PROCESS TO ENSURE THAT THE INFORMATION REPORTED IS COMPLETE AND ACCURATE. WHEN THE FORM 990 HAS BEEN PREPARED AND REVIEWED BY MANGEMENT, IT IS SENT TO THE MEMBERS OF THE FINANCE COMMITTEE FOR ANY COMMENTS. ANY COMMENTS ARE THEN GROUPED, SUMMARIZED AND REVIEWED WITH MANAGEMENT AND THE ACCOUNTING FIRM. ALL ISSUES ARE DOCUMENTED AND ADDRESSED. THE FORM 990 IS THEN SUBMITTED TO THE FULL BOARD OF DIRECTORS. THEY ARE PROVIDED WITH TWO WEEKS TO REVIEW THE PREPARED FORM AND TO PROVIDE THEIR COMMENTS. COMMENTS ARE AGAIN REVIEWED BY THE FINANCE COMMITTEE, MANAGEMENT AND ACCOUNTING FIRM. EACH ISSUE IS DOCUMENTED AND ADDRESSED UNTIL THE RETURN IS FINALIZED AND APPROVED FOR FILING.
FORM 990, PART VI, SECTION B, LINE 12C
THE FRIENDS HAS A CONFLICT OF INTEREST POLICY WHICH REQUIRES BOARD MEMBERS, OFFICERS AND EMPLOYEES TO SIGN A CONFLICT OF INTEREST STATEMENT ANNUALLY, WHICH IDENTIFIES ANY AND ALL ACTUAL OR POTENTIAL CONFLICTS OF INTEREST. QUESTIONNAIRES SHALL BE AVAILABLE FOR INSPECTION BY ANY BOARD MEMBER, AND MAY BE REVIEWED BY THE FRIENDS LEGAL COUNSEL. ANY CONFLICTS THAT ARE IDENTIFIED ARE ADDRESSED AND NOTED IN BOARD MINUTES. THOSE BOARD MEMBERS, OFFICERS AND EMPLOYEES WHO HAVE CONFLICTS OF INTEREST DO NOT VOTE ON MATTERS INVOLVING SUCH CONFLICTS. THE FRIENDS REGULARLY AND CONSISTENTLY MONITORS COMPLIANCE WITH THE POLICY AT BOARD MEETINGS THROUGHOUT THE YEAR.
FORM 990, PART VI, SECTION B, LINE 15
THE EXECUTIVE DIRECTOR IS A CONTRACTUAL CONSULTANT AND THE COMPENSATION IS BASED UPON AN HOURLY RATE WITH A NOT TO EXCEED CAP ON THE BILLABLE AMOUNT. THE EXECUTIVE DIRECTOR CONTRACT IS APPROVED BY THE FULL BOARD OF TRUSTEES UPON RECOMMENDATION OF THE CHAIR AND THE EXECUTIVE COMMITTEE.
FORM 990, PART VI, SECTION C, LINE 18
FRIENDS OF WESTCHESTER COUNTY PARKS MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST.
FORM 990, PART VI, SECTION C, LINE 19
FRIENDS OF WESTCHESTER COUNTY PARKS INC. MAKES ITS FORMS 990 AND 1023 AVAILABLE FOR PUBLIC INSPECTION, AS REQUIRED UNDER SECTION 6104 OF THE INTERNAL REVENUE CODE TO THE PUBLIC DURING REGULAR BUSINESS HOURS AT ITS CORPORATE OFFICE. THE FRIENDS FORM 990 IS ALSO POSTED ON THE GUIDESTAR WEBSITE AND OTHER SIMILAR TYPES OF WEBSITES WHICH IS AVAILABLE TO THE PUBLIC.
FORM 990, PART XII, LINE 2C:
THE ORGANIZATION HAS A COMMITTEE THAT ASSUMES RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT OF ITS FINANCIAL STATEMENTS AND SELECTION OF AN INDEPENDENT ACCOUNTANT. THIS PROCESS DID NOT CHANGE FROM THE PRIOR YEAR.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.