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
NEW YORK BOTANICAL GARDEN
Employer identification number
13-1693134
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.") ....
48,620,158
63,352,616
65,656,187
59,220,191
64,707,386
301,556,538
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
48,620,158
63,352,616
65,656,187
59,220,191
64,707,386
301,556,538
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)..
7,244,459
6
Public support. Subtract line 5 from line 4.
294,312,079
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..
48,620,158
63,352,616
65,656,187
59,220,191
64,707,386
301,556,538
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
6,849,957
9,089,638
6,410,121
5,114,567
3,810,743
31,275,026
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.)..
173,202
355,498
487,235
356,618
575,219
1,947,772
11
Total support (Add lines 7 through 10).
334,779,336
12
Gross receipts from related activities, etc. (see instructions)
..................
12
18,285,255
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
87.910 %
15
Public support percentage for 2012 Schedule A, Part II, line 14
...............
15
85.700 %
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
NEW YORK BOTANICAL GARDEN
Employer identification number
13-1693134
Return Reference
Explanation
FORM 990 - ORGANIZATION'S MISSION
THE NEW YORK BOTANICAL GARDEN IS A MUSEUM OF PLANTS AND A SCIENTIFIC RESEARCH CENTER DEVOTED TO THE STUDY OF PLANTS AND THEIR USES. IT IS THE GARDEN'S MISSION TO IMPROVE PUBLIC UNDERSTANDING OF THE NATURAL WORLD, HORTICULTURE, AND THE RELATIONSHIPS BETWEEN PLANTS AND PEOPLE. IT IS ALSO THE GARDEN'S MISSION TO EXPAND HUMANITY'S KNOWLEDGE OF PLANTS AND HOW THEY ARE UTILIZED.
FORM 990, PAGE 1, PART I, LINE 6
VOLUNTEERS PROVIDE LIGHT DUTY SERVICES PRIMARILY IN THE GARDEN'S PROGRAM SERVICE FUNCTIONS.
FORM 990, PAGE 2, PART III, LINE 4D
AUXILLIARY SERVICES - PROVIDES SERVICES AND AMENITIES FOR THE CONVENIENCE OF THE VISITING PUBLIC
FORM 990, PAGE 6, PART VI, LINE 2
MR. THOMAS J. HUBBARD MRS. THOMAS J. HUBBARD CHAIR EMERIT SECRETARY FAMILY
FORM 990, PAGE 6, PART VI, LINE 7A
THE ELECTED MANAGERS ARE DIVIDED INTO THREE CLASSES, EACH OF WHICH CONSISTS OF A MAXIMUM OF SEVENTEEN MANAGERS. THE TERM OF ONE CLASS OF MANAGERS SHALL EXPIRE AT THE ANNUAL MEETING OF MEMBERS EACH YEAR. A CLASS OF MANAGERS SHALL BE ELECTED AT THE ANNUAL MEETING OF MEMBERS EACH YEAR FOR A TERM WHICH SHALL EXPIRE AT THE THIRD ANNUAL MEETING OF MEMBERS FOLLOWING THE DATE OF SUCH ELECTION. EACH ELECTED MANAGER SHALL BE ASSIGNED TO A CLASS AND SHALL BE ELECTED FOR A TERM EXPIRING ON THE SAME DATE AS THAT OF THE CLASS TO WHICH THE MANAGER HAS BEEN ASSIGNED. THE NUMBER OF ELECTIVE MANAGERS MAY BE INCREASED FROM TIME TO TIME BY VOTE OF THE CORPORATION. EXECUTIVE COMMITTEE COMPOSITION AND SCOPE: THE EXECUTIVE COMMITTEE CONSISTS OF THE BOARD CHAIR, THE VICE CHAIRS, THE PRESIDENT, THE SECRETARY, AND THE TREASURER, EX OFFICIO, AND NOT LESS THAN EIGHT (8) APPOINTED MEMBERS. THE EXECUTIVE COMMITTEE SHALL HAVE AND EXERCISE ALL OF THE POWERS OF THE BOARD OF MANAGERS TO THE EXTENT PERMITTED BY LAW DURING INTERVALS BETWEEN MEETINGS OF THE BOARD OF MANAGERS. THE BOARD CHAIR, OR HIS DESIGNEE, SHALL BE CHAIR OF THE EXECUTIVE COMMITTEE. THE EXECUTIVE COMMITTEE SHALL MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE COMMITTEES OF THE BOARD, BUT SUCH RECOMMENDATIONS SHALL NOT BE BINDING UPON THE BOARD.
FORM 990, PAGE 6, PART VI, LINE 7B
TEN (10) MANAGERS (ELECTIVE AND EX OFFICIO) SHALL CONSTITUTE A QUORUM AT ANY MEETING OF THE BOARD OF MANAGERS AND THE VOTE OF A MAJORITY OF MANAGERS PRESENT AT THE TIME OF THE VOTE, IF A QUORUM IS PRESENT AT SUCH A TIME, SHALL BE THE ACT OF THE BOARD.
FORM 990, PAGE 6, PART VI, LINE 11B
A COPY OF THE GARDEN'S FORM 990 IS MADE AVAILABLE BY INTERNET ACCESS TO THE GARDEN'S BOARD PRIOR TO FILING.
FORM 990, PAGE 6, PART VI, LINE 12C
EACH YEAR IT IS THE POLICY OF THE NEW YORK BOTANICAL GARDEN TO DISTRIBUTE A COPY OF ITS CODE OF ETHICS AND CONFLICT OF INTEREST STATEMENTS TO ITS BOARD MEMBERS AND CERTAIN EMPLOYEES. THIS ACTS AS A REMINDER OF THE POLICIES AND ASKS THAT EACH PERSON DISCLOSE VARIOUS FINANCIAL OR BUSINESS RELATIONSHIPS WHICH MIGHT PRESENT CONFLICTS OF INTEREST. BOARD MEMBERS: ANY MEMBER OF THE BOARD WHO BELIEVES HE OR SHE MAY HAVE A CONFLICT OF INTEREST SHALL DISCLOSE THE POTENTIAL CONFLICT AND ANY AND ALL RELEVANT INFORMATION CONCERNING THE SITUATION THAT GIVES RISE TO THE POTENTIAL CONFLICT TO THE CHAIR OF THE BOARD. (IN THE EVENT THE BOARD CHAIR BELIEVES HE OR SHE MAY HAVE A CONFLICT, THE BOARD CHAIR SHALL DISCLOSE IT TO THE EXECUTIVE COMMITTEE.) THE CHAIR OF THE BOARD WILL BE RESPONSIBLE FOR DETERMINING WHETHER THE PERCEIVED CONFLICT IS AN ACTUAL CONFLICT, AND IF SO, FOR INITIATING AN APPROPRIATE COURSE OF ACTION. EMPLOYEES AND VOLUNTEERS: ANY EMPLOYEE OR VOLUNTEER WHO BELIEVES HE OR SHE MAY HAVE A CONFLICT OF INTEREST SHALL DISCLOSE THE POTENTIAL CONFLICT AND ANY AND ALL RELEVANT INFORMATION CONCERNING THE SITUATION THAT GIVES RISE TO THE POTENTIAL CONFLICT, IN WRITING, TO THE VICE PRESIDENT AND CHIEF FINANCIAL OFFICER. (IN THE EVENT THE VICE PRESIDENT AND CHIEF FINANCIAL OFFICER BELIEVES HE OR SHE MAY HAVE A CONFLICT, HE OR SHE SHALL DISCLOSE IN WRITING TO THE PRESIDENT.) THE VICE PRESIDENT WILL BE RESPONSIBLE FOR DETERMINING WHETHER THE PERCEIVED CONFLICT IS AN ACTUAL CONFLICT, AND IF SO, FOR INITIATING AN APPROPRIATE COURSE OF ACTION.
FORM 990, PAGE 6, PART VI, LINE 15A
COMPENSATION FOR THE CEO IS DETERMINED BY THE COMPENSATION COMMITTEE OF THE ORGANIZATION'S BOARD OF MANAGERS. THE MEMBERS OF THE COMPENSATION COMMITTEE ARE ALL INDEPENDENT VOTING MEMBERS OF THE ORGANIZATION'S GOVERNING BODY. THE CEO IS CURRENTLY SERVING PURSUANT TO THE TERMS OF AN EMPLOYMENT AGREEMENT WHICH WAS APPROVED BY THE COMPENSATION COMMITTEE AFTER RETAINING AN INDEPENDENT COMPENSATION CONSULTANT, WHO PRESENTED THE COMMITTEE WITH APPROPRIATE COMPARABILITY DATA. THE CONSULTANT CONCLUDED THAT THE COMPENSATION PROPOSED IN THE EMPLOYMENT AGREEMENT WAS REASONABLE. THE COMPENSATION COMMITTEE CONTEMPORANEOUSLY DOCUMENTED ITS DELIBERATIONS AND DECISION. IN ACCORDANCE WITH THE TERMS OF THE EMPLOYMENT AGREEMENT, THE CEO'S TOTAL COMPENSATION IS COMPOSED OF A BASE SALARY AND PRIVATELY FUNDED DEFERRED COMPENSATION, WHICH IS INTENDED TO SERVE AS A RETENTION INCENTIVE. DEFERRED COMPENSATION PAYABLE UNDER THE TERMS OF THE AGREEMENT IS ACCRUED OVER THE PERIOD IN WHICH RELATED SERVICES ARE PERFORMED.
FORM 990, PAGE 6, PART VI, LINE 15B
COMPENSATION FOR OTHER OFFICERS AND KEY EMPLOYEES IS BASED ON INSTITUTIONAL SALARY COMPARISONS CONDUCTED BY THE GARDEN'S HUMAN RESOURCES OFFICE, WHICH REVIEWS SALARIES PAID BY COMPARABLE ORGANIZATIONS TO THEIR OFFICERS AND KEY EMPLOYEES. THE COMPENSATION COMMITTEE PERIODICALLY REVIEWS THE COMPENSATION LEVELS OF THESE EMPLOYEES. MERIT INCREASES ARE BASED ON A FORMAL PERFORMANCE EVALUATION PROCESS AND APPROVED BY THE CEO IN CONSULTATION WITH THE CHAIRMAN OF THE BOARD OF MANAGERS.
FORM 990, PAGE 6, PART VI, LINE 19
COPIES OF GOVERNING DOCUMENTS, FINANCIAL STATEMENTS, AND THE 990 ARE MADE AVAILABLE TO THE PUBLIC UPON REQUEST.
FORM 990, PART XI, LINE 9
COST OF GOODS SOLD 1,418,315 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES -216,100 FUNDRAISING EVENT ADMIN EXPENSES -1,060,949 TOTAL - SCHEDULE D, PART XII, LINE 2D - 141,266 0 COST OF GOODS SOLD -1,418,315 FUNDRAISING EVENT ADMIN EXPENSES 1,060,949 FUNDRAISING EVENTS PROFESSIONAL FUNDRAISING FEES 216,100 TOTAL - SCHEDULE D, PART XIII, LINE 2D 141,266 0
FORM 990, PART XI, LINE 9
GAIN ON VALUATION OF DERIVATIVE INSTRUMENTS 58,414 LOSS ON VALUATION OF DERIVATIVE INSTRUMENTS 0
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.