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
NATIONAL COUNCIL OF JUVENILE & FAMILY COURT JUDGES
Employer identification number
36-2486896
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.") ....
11,349,898
11,222,784
10,212,770
10,017,047
11,194,128
53,996,627
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
0
0
0
0
0
0
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
0
0
0
0
0
0
4
Total. Add lines 1 through 3
11,349,898
11,222,784
10,212,770
10,017,047
11,194,128
53,996,627
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)..
5,469,555
6
Public support. Subtract line 5 from line 4.
48,527,072
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..
11,349,898
11,222,784
10,212,770
10,017,047
11,194,128
53,996,627
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
43,144
42,332
9,449
6,289
7,091
108,305
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
0
0
0
16
106
122
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
1,224
0
1,780
425
0
3,429
11
Total support (Add lines 7 through 10).
54,108,483
12
Gross receipts from related activities, etc. (see instructions)
..................
12
7,725,274
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
89.685 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
89.154 %
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:
13000241
Software Version:
v1.00
-
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
NATIONAL COUNCIL OF JUVENILE & FAMILY COURT JUDGES
Employer identification number
36-2486896
Return Reference
Explanation
Form 990, Part VI, Section A, Line 4
Revised Articles of Incorporation and Bylaws to allow for non-judicial members on the Board of Directors and related changes in procedures to address non-judicial Directors.
Form 990, Part VI, Section A, Line 6
The NCJFCJ is a judicial membership organization, as well as a charitable, educational organization.
Form 990, Part VI, Section A, Line 7a
The NCJFCJ members with voting privileges include judicial members (Active members), past presidents (Life members) and non-judicial individuals or organization representatives (Sustaining members). The Nominating Committee recommends judicial candidates to the Voting members. Voting members elect judicial Directors at the Annual Conference by majority vote. Non-judicial Directors are elected by the Board of Directors. If there is a tie vote after the casting of 3 ballots, the Presiding Officer shall be called upon to cast a vote in order to break the tie. If a judicial Director position becomes vacant, the position remains vacant until the next Annual Conference, unless the Executive Committee determines it is necessary to fill the vacancy or the number of Directors falls below the minimum. If either occurs, the vacancy will be filled from candidates interviewed by the Nominating committee at the previous Annual Conference by majority vote of the remaining Directors until the next Annual Conference, at which time the vacancy will be voted upon by the members with other open Director positions to fill the remainder of the unexpired term. The Voting members shall have the right to fill such unexpired term of office (whether or not the same had been temporarily filled by the remaining Directors) at any meeting of the Members called for that purpose. If a non-judicial Director position becomes vacant, the office shall be filled by a majority vote of the remaining Directors, at such time a viable candidate becomes available and is recommended by the Development Committee. Any person may, in recognition of outstanding service and contribution to the furtherance of the purposes of this Council, be elected an Honorary Member of the Council upon recommendation of the Board of Directors and approval at the next annual meeting of the members entitled to vote.
Form 990, Part VI, Section A, Line 7b
Voting members vote on the following items: Bylaws amendments are submitted to the Governance Committee, and proposed to the Board of Directors at their next meeting. Amendments approved by the Board of Directors are then presented to the Membership at their next annual meeting. Provided a quorum is present, Bylaws amendments will be considered effective if two-thirds (2/3) of voting members approve. All Extraordinary Transactions (as defined below) must be authorized and approved by a majority of both (1) the Board of Directors, and (2) the Voting Members at a meeting called for such purpose where a quorum is present. For purposes of these Bylaws, the term "Extraordinary Transactions" shall mean each of the following: (a) the adoption of an amendment to the Articles of Incorporation, (b) the adoption of Amended Articles of Incorporation, (c) a lease, exchange, transfer, mortgage or other disposition of all, or substantially all, the assets of the Council (provided, that the Directors shall have the power to abandon such proposed sale, lease, exchange, transfer or other disposition, subject to the contract rights of third persons, if such power of abandonment is conferred upon the Directors by the terms of transaction or by the same vote of the voting Members and at the same or any subsequent meeting of the voting Members at which the transaction is authorized by the Members), (d) any merger or consolidation of the Council into another corporation, provided, however that the surviving or new corporation, as the case may be, resulting from such merger or consolidation must be a corporation, either domestic or foreign, organized for charitable and/or educational purposes, (e) confession of a judgment against the Council, (f) any assignment for the benefit of creditors or filing of a voluntary petition under the federal Bankruptcy Code or state insolvency law on behalf of the Council, (g) an action in contravention of these Bylaws or the Council's Articles of Incorporation, and (h) approval of the voluntary dissolution of the Council or revoking proceedings therefore. Policy statements and resolutions represent the official positions of the Council. Resolutions or policy statements presented to the Board but not passed by a two-thirds majority of the Board of Directors, are presented to the membership at the annual meeting and will be adopted by a majority vote. Recommendations to support legislation shall be adopted if approved by a majority vote of the voting members of the Board of Directors. If the recommendation is adopted by less than a two-thirds vote of the entire Board of Directors, a motion by three or more Directors may request that the matter be submitted to a vote by the membership of NCJFCJ. A majority vote of the members voting shall adopt the legislative recommendation.
Form 990, Part VI, Section B, Line 11b
The Chief Financial Officer (CFO) prepares a timeline for preparation and review of the Form 990 subsequent to the issuance of the audited financial reports. Also at that time, the CFO makes a presentation to the Board that addresses any changes that may have occurred in reporting requirements since the last filing, if any. The Form 990 is prepared based on the audited financial statements. Typically due to timing, an extension of time to file is needed to ensure a complete and accurate return. The return is prepared by the CFO and forwarded to the independent accountants for review. The Form 990 is then sent electronically to all members of the Board of Directors for review and comment. Approximately a week is allotted for Board review prior to the filing of the return electronically.
Form 990, Part VI, Section B, Line 12c
Conflict of Interest Policy-All NCJFCJ employees and Board members are required to complete a Conflict of Interest (COI) Training within 30 days of date of hire or joining the Board. Employees, officers, Board members, committee members and others are also responsible for reading the COI policy, signing the COI Policy Acknowledgment Form and Disclosure Form, and returning them as directed. These forms must be signed annually or as necessary. The purpose of the Conflict of Interest Policy is to protect the NCJFCJ's interest when it is contemplating entering into a transaction or arrangement that might benefit the private interest of an officer, staff member, committee member or director of the organization or might result in a possible excess benefit transaction. No Officer, Board of Directors member, committee member, director or employee of the NCJFCJ shall participate personally through decisions, approvals, disapprovals, recommendations, or other actions in any circumstance or particular matter involving the expenditure of grant or contract funds where, to his or her knowledge, he or she, his or her immediate family, business partners, or organizations other than the NCJFCJ in which he or she is serving as an officer, Director, partner, or employee, or any person or organization with whom the employee is negotiating or has any arrangement concerning prospective employment has an apparent or actual financial interest in the transaction. The CEO shall make the determination as to whether in any given situation recusal will be sufficient to mitigate the apparent or actual conflict of interest, or in the case of the CEO, such determinations will be made by the President of the NCJFCJ. In the case of an apparent or actual conflict of interest involving Officers, Directors, or committee members, such determinations will be made by the Audit Committee or NCJFCJ Conduct Committee, depending upon the nature of the conflict. In addition, in the use of grant or contract funds, interested persons should avoid even the appearance of: Using his or her position for private gain; Giving preferential treatment to any person; Losing complete independence or impartiality; Making decisions outside normal administrative procedures; or, Adversely affecting the confidence of the public in the integrity of the NCJFCJ and its programs. The Audit Committee shall address all reported concerns or complaints regarding corporate accounting practices, internal controls or auditing, and shall be immediately notified of any such complaint. All individuals within the organization, including Officers, Board of Directors members, directors, employees, and committee members will be required to sign a Conflict of Interest Policy Acknowledgment Form and Disclosure Form annually and as required through the year. It is prohibited for relatives to occupy positions in which one supervises the other or is in a position to exert direct influence on the appointment (including temporary), promotion, transfer, pay or discipline of the other. For purposes of this rule, "relative" includes: one's husband, wife, son, daughter, mother, father, brother, sister, brother-in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, or stepchild; an individual residing in the same household as the employee; or an individual sharing a committed, personal relationship with an employee. The COI Policy defines interested persons, financial interests, and other interests. The Policy outlines procedures regarding duty to disclose, addressing a conflict of interest and violations of the COI Policy. Records shall be kept of all deliberations of the appropriate authority. The Policy states what shall be covered in the Acknowledgment Form and mandates periodic reviews. Adherence to the COI is monitored by the CEO's Office, Chief Administrative Officer and Chief Financial Officer. Human Resources is responsible for providing each new employee with the Conflict of Interest policy and forms and a timeline for returning the Acknowledgment and Disclosure forms to the Executive Assistant. Annual dissemination of the policy and forms is conducted for staff at the beginning of the calendar year, and for Board and Committee members after committee appointments are made by the NCJFCJ President, either July or August of each year. Periodically throughout the year, reminders are given, asking that new Disclosure forms be submitted if there is anything new to report since the individual last completed a Disclosure form. Receipt of the Acknowledgment and Disclosure forms are tracked by the Executive Assistant. Forms received by staff are then forwarded to Human Resources and maintained with personnel records. Forms received from Board and Committee members are maintained in the CAO's office. Followup is done by staff, or referred to the Executive Committee to ensure that each Board member or staff, and relevant Committee members, submit the Acknowledgment and Disclosure forms annually, at a minimum. Each Disclosure form is reviewed for responses, relationships or any potential conflicts are recorded on a master disclosure list, and potential conflicts are reviewed and acted upon according to procedures outlined in the COI Policy.
Form 990, Part VI, Section B, Line 15
The compensation for the CEO is determined by the President of the Board of Directors. The President receives input on the amount of compensation from the Executive Committee and Directors. The Executive Director/CEO determines compensation for the senior management positions within the organization based upon an established compensation plan (the Executive Director/CEO is also covered under the compensation plan). Annually, the Finance Committee reviews comparability data for all senior management positions and makes a presentation of the comparability data to the full Board of Directors in executive session. The Board then discusses the comparability data and makes a decision with a vote of the full Board of Directors as to the reasonableness of the organization's executive compensation. The deliberation is contemporaneously substantiated in the written minutes of the meeting.
Form 990, Part VI, Section C, Line 19
The organization's governing documents, conflict of interest policy, audited financial statements, and Form 990s are available on the organization's website and available on request (either electronically or hard copy).
Form 990, Part IX, Line 11g
Consultants with specific area expertise are utilized for program deliverables, plenaries, and Board development.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.