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
THE LEGACY FOUNDATION OF SOUTHEAST ARIZONA
Employer identification number
86-0186064
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
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
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.
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..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
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.)..
11
Total support (Add lines 7 through 10).
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
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
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.") .
394,315
261,249
260,882
2,069,879
3,272
2,989,597
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......
97,747,569
97,244,892
90,184,151
70,290,364
2,099,929
357,566,905
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.
98,141,884
97,506,141
90,445,033
72,360,243
2,103,201
360,556,502
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
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.
0
c
Add lines 7a and 7b..
0
8
Public support (Subtract line 7c from line 6.)
360,556,502
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...
98,141,884
97,506,141
90,445,033
72,360,243
2,103,201
360,556,502
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
2,867,495
1,367,914
1,607,447
1,394,172
2,263,546
9,500,574
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
847,931
847,931
c
Add lines 10a and 10b.
3,715,426
1,367,914
1,607,447
1,394,172
2,263,546
10,348,505
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.)..
101,857,310
98,874,055
92,052,480
73,754,415
4,366,747
370,905,007
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
97.210 %
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
2.790 %
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
THE LEGACY FOUNDATION OF SOUTHEAST ARIZONA
Employer identification number
86-0186064
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
THE EXECUTIVE COMMITTEE OF THE BOARD IS AUTHORIZED TO ACT FOR THE BOARD BETWEEN REGULAR MEETINGS TO HANDLE EMERGENCY SITUATIONS WHICH ARE TIME SENSITIVE. A MAJORITY OF THE MEMBERS OF THE EXECUTIVE COMMITTEE IS REQUIRED TO TRANSACT BUSINESS. MINUTES OF ALL MEETINGS OF THE EXECUTIVE COMMITTEE ARE PROVIDED TO THE BOARD AT THE NEXT REGULAR MEETING TO BE REVIEWED AND RATIFIED BY THE FULL BOARD.
FORM 990, PART VI, SECTION B, LINE 11
THE 990 IS PREPARED BY THE CFO AND THE FOUNDATION'S INDEPENDENT CPA, AND REVIEWED BY THE CFO AND CEO BEFORE DISTRIBUTION TO THE FINANCE COMMITTEE. THE COMPLETED 990 IS REVIEWED WITH THE FINANCE COMMITTEE OF THE BOARD HIGHLIGHTING THE AREAS OF CONCERN TO A GOVERNING BODY. A COMPLETED COPY IS MADE AVAILABLE FOR ALL BOARD MEMBERS. ANSWERS ARE PROVIDED TO ANY QUESTIONS OR CONCERNS.
FORM 990, PART VI, SECTION B, LINE 12C
THE ORGANIZATION HAS A CONFLICT OF INTEREST POLICY. THE FOLLOWING PROCEDURES ARE EMPLOYED. ALL OFFICERS, LEADERS OR IDENTIFIED OTHERS SHALL COMPLETE A CONFLICT OF INTEREST QUESTIONNAIRE AND SUBMIT IT TO THE FOUNDATION ANNUALLY. FOUNDATION LEADERS ARE DEFINED AS BOARD MEMBERS, CEO AND OTHERS WHO MAY HOLD A DECISION-MAKING LEADERSHIP ROLE WITH THE FOUNDATION. THE TERM "CONFLICT OF INTEREST" MEANS A CIRCUMSTANCE IN WHICH A FOUNDATION LEADER HAS ANY IMPEDIMENT TO BEING IMPARTIAL AND LOYAL SUCH AS: 1) A PERSONAL, PROFESSIONAL BUSINESS OR VOLUNTEER POSITION, INTEREST OR RESPONSIBILITY, OR 2) A CONFLICTING DUTY TO ANOTHER ENTITY, WHERE THE INDIVIDUAL'S ALLEGIANCE MAY BE DIVIDED BETWEEN THE FOUNDATION AND ANOTHER ORGANIZATION OR RELATIONSHIP. ANY AND ALL CONFLICTS OF INTEREST SHALL BE DISCLOSED TO THE FOUNDATION AT THE INCEPTION OF THE RELATIONSHIP, AND/OR AT ANY TIME A CONFLICT/DUALITY OF INTEREST OCCURS. INFORMATION RELATING TO THE FOUNDATION'S BUSINESS WILL NOT BE DISCLOSED FOR THE PERSONAL PROFIT OR ADVANTAGE OF THE FOUNDATION'S LEADERS OR THEIR IMMEDIATE FAMILY MEMBERS. THE FOUNDATION WILL PERIODICALLY AND WHENEVER NECESSARY, REVIEW ITS EXTERNAL RELATIONSHIPS TO DETERMINE WHETHER CONFLICTS OF INTERESTS EXIST AND TO ENSURE THESE RELATIONSHIPS ARE WITHIN LAW AND REGULATION. A REVIEW FOR CONFLICT/DUALITY OF INTEREST WILL BE DONE PRIOR TO ENTERING INTO AGREEMENTS AND/OR CONTRACTS AND AGAIN AT THE TIME OF RENEWAL. CERTAIN BOARD MEMBERS HAVE DUAL MEMBERSHIP WITH BOTH THE FOUNDATION BOARD AND THE REGIONAL CARE HOSPITAL PARTNERS-SIERRA VISTA REGIONAL HEALTH CENTER BOARD OR ANOTHER ENTITY. INHERENT IN THIS DUAL MEMBERSHIP IS THE POTENTIAL FOR CONFLICT/DUALITY OF INTEREST FOR THE BOARD MEMBER. TO MITIGATE REAL OR PERCEIVED CONFLICT ASSOCIATED WITH DUAL BOARD MEMBERSHIP, THE FOLLOWING PROTOCOLS HAVE BEEN ADOPTED BY THE FOUNDATION BOARD WHEN IT DISCUSSES, DELIBERATES, AND DECIDES ON ANY ACTION IMPACTED BY THE DUAL BOARD MEMBERSHIP OR IN THE EVENT OF ANY OTHER CONFLICT/DUALITY OF INTEREST: A. CONFLICTED MEMBERS OF THE BOARD OF DIRECTORS SHOULD DECLARE THEIR CONFLICT OF INTEREST B. FOR REGULAR OR SPECIAL MEETINGS OF THE BOARD, A QUORUM FOR TRANSACTION OF BUSINESS SHALL CONSIST OF A MAJORITY OF THE BOARD OF DIRECTORS. ANY DIRECTOR HAVING A CONFLICT/DUALITY OF INTEREST SHALL ABSTAIN FROM VOTING ON THE PROPOSED TRANSACTION AND SHALL NOT BE COUNTED IN DETERMINING THE QUORUM FOR THE VOTE ON THE PROPOSED TRANSACTION. C. MOTIONS AND SECONDS FOR ACTIONS SHOULD BE MADE BY NON-CONFLICTED MEMBERS OF THE BOARD. D. THE CONFLICTED DIRECTOR SHALL NOT USE PERSONAL INFLUENCE ON THE MATTER OR REMAIN IN THE MEETING ROOM DURING THE DISCUSSION AND VOTE ON THE MATTER, BUT MAY BRIEFLY STATE HIS/HER POSITION AND MAY ANSWER PERTINENT QUESTIONS FROM OTHER DIRECTORS SINCE HIS/HER KNOWLEDGE MAY BE OF GREAT ASSISTANCE. RECUSED DIRECTORS SHALL REMAIN AVAILABLE AND MAY BE RECALLED AT THE REQUEST OF THE BOARD CHAIR. E. ONLY NON-CONFLICTED MEMBERS MAY VOTE ON THE PROPOSED ACTION.
FORM 990, PART VI, SECTION B, LINE 15
IT IS THE POLICY OF THE FOUNDATION BOARD TO DEVELOP AN ANNUAL COMPENSATION PLAN FOR THE CEO. A THIRD PARTY COMPENSATION CONSULTANT WILL BE PERIODICALLY ENGAGED BY THE BOARD FOR THE PURPOSE OF OBTAINING MARKET COMPARISON DATA FOR USE IN DEVELOPING THE PLAN. PROCEDURE: * ENGAGE AN INDEPENDENT COMPANY TO CONDUCT A COMPENSATION VALUATION STUDY OF COMPENSATION ARRANGEMENTS IN TAX-EXEMPT ORGANIZATIONS INCLUDING FOUNDATIONS. * THE INDEPENDENT COMPANY WILL PROVIDE THE FOUNDATION BOARD, CEO AND EXECUTIVE COMPENSATION COMMITTEE AS APPOINTED BY THE BOARD CHAIR, COMPETITIVE MARKET DATA TO INCLUDE: A CONFIRMATION OF THE SCOPE, DATA CUTS, AND SURVEY SOURCES. PROVIDE MARKET COMPARABILITY DATA IN ORDER TO REVIEW THE COMPETITIVENESS OF THE FOUNDATION'S PROGRAM. RESEARCH MARKET PRACTICES FOR BOTH SHORT AND LONG TERM PLANS TO DETERMINE ALIGNMENT. REVIEW EXECUTIVE BENEFIT AND PERQUISITE PREVALENCE DATA. * THE INDEPENDENT COMPANY WILL SELECT RELEVANT DATA AND ADJUST THE DATA TO ACCURATELY REFLECT THE SIZE AND SCOPE OF THE FOUNDATION'S ROLES AND SIZE. * THE INDEPENDENT COMPANY WILL UTILIZE THE SAME METHODOLOGY TO CONDUCT A REVIEW OF FRINGE BENEFIT PLANS FOR THE EXECUTIVES AND STAFF. * THE INDEPENDENT COMPANY WILL CONSIDER THE FOLLOWING WHEN REVIEWING A PARTICULAR INDIVIDUAL'S COMPENSATION: THE PRIOR SKILLS AND EXPERIENCE OF INCUMBENTS IN THE ROLE. THE MIX OF COMPENSATION ELEMENTS AND OTHER REWARD COMPONENTS. * THE INDEPENDENT COMPANY WILL MAKE RECOMMENDATIONS FOR COMPENSATION AND BENEFITS FOR THE EXECUTIVE STAFF TO THE FOUNDATION BOARD, EXECUTIVE COMPENSATION COMMITTEE (FOR THE CEO) AND THE CEO (FOR OTHER STAFF). * THE COMMITTEE WILL MOVE FORWARD THE RECOMMENDATIONS OF THE THIRD PARTY CONSULTANT FOR THE CEO TO THE ENTIRE FOUNDATION BOARD OF DIRECTORS WITH FULL DISCLOSURE. * THE CEO WILL REVIEW THE RECOMMENDATIONS FOR THE OTHER STAFF AND MAKE A DECISION BASED ON THE DATA, THE INDIVIDUAL AND THE BUDGET SALARY PLAN.
FORM 990, PART VI, SECTION C, LINE 19
THE FOUNDATION MAKES ITS GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS AVAILABLE TO THE PUBLIC UPON REQUEST.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.