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 DISTRICT ATTORNEYS ASSOCIATION
Employer identification number
36-6144537
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.") .
7,463,840
6,145,527
5,213,486
3,963,712
3,539,263
26,325,828
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......
1,217,992
810,392
1,003,357
63,342
590,431
3,685,514
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.
8,681,832
6,955,919
6,216,843
4,027,054
4,129,694
30,011,342
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
6,882
4,460
565
11,907
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..
6,882
4,460
565
11,907
8
Public support (Subtract line 7c from line 6.)
29,999,435
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...
8,681,832
6,955,919
6,216,843
4,027,054
4,129,694
30,011,342
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
84,966
77,446
67,112
67,896
57,604
355,024
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
84,966
77,446
67,112
67,896
57,604
355,024
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.)
..
14,326
231,261
245,587
13
Total support. (Add lines 9, 10c, 11, and 12.)..
8,766,798
7,033,365
6,283,955
4,109,276
4,418,559
30,611,953
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
98.000 %
16
Public support percentage from 2012 Schedule A, Part III, line 15
...............
16
98.750 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2013 (line 10c, column (f) divided by line 13, column (f))
......
17
1.160 %
18
Investment income percentage from 2012 Schedule A, Part III, line 17
.............
18
1.140 %
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
NATIONAL DISTRICT ATTORNEYS ASSOCIATION
Employer identification number
36-6144537
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 1
THE EXECUTIVE COMMITTEE, WHEN THE BOARD OF DIRECTORS IS NOT IN SESSION, SHALL HAVE AND EXERCISE ALL OF THE AUTHORITY OF THE BOARD OF DIRECTORS IN THE MANAGEMENT OF THE ASSOCIATION EXCEPT TO THE EXTENT, IF ANY, THAT SUCH AUTHORITY SHALL BE LIMITED BY THE BOARD OF DIRECTORS OR THE BYLAWS. THE EXECUTIVE COMMITTEE SHALL NOT HAVE THE AUTHORITY OF THE BOARD OF DIRECTORS IN REFERENCE TO: (A) AMENDING, ALTERING, OR REPEALING THE BYLAWS; (B) ELECTING, APPOINTING OR REMOVING THE EXECUTIVE DIRECTOR OR ANY OFFICER OF THE CORPORATION, HOWEVER, THE EXECUTIVE COMMITTEE MAY SUSPEND THE EXECUTIVE DIRECTOR, WITH OR WITHOUT PAY, PENDING REVIEW BY THE BOARD OF DIRECTORS AT A REGULAR OR SPECIAL MEETING; (C) AMENDING THE ARTICLES OF THE CORPORATION; (D) ADOPTING A PLAN OF MERGER OR ADOPTING A PLAN OF CONSOLIDATION WITH ANOTHER CORPORATION; (E) AUTHORIZING THE SALE, LEASE, EXCHANGE, OR MORTGAGE OF ALL OR SUBSTANTIALLY ALL OF THE PROPERTY AND ASSETS OF THE CORPORATION; (F) AUTHORIZING THE VOLUNTARY DISSOLUTION OF THE CORPORATION OR REVOKING PROCEEDINGS THEREFORE OR ADOPTING A PLAN FOR DISTRIBUTION OF THE ASSETS OF THE CORPORATION.
FORM 990, PART VI, SECTION A, LINE 2
SEVERAL MEMBERS OF THE BOARD ARE ELECTED/APPOINTED DISTRICT ATTORNEYS, AND THEIR EMPLOYED DEPUTY DISTRICT ATTORNEYS ALSO SERVE ON THE BOARD. DISTRICT ATTORNEY, EMPLOYED DEPUTY ERIC OLSEN, LORI DIGIOSA ROBERT MCCULLOCH, JOHN EVANS MATHIAS HECK, DEBRA ARMANINI JACKIE LACEY, STEVEN LOPEZ MIKE RAMOS, MARY ASHLEY
FORM 990, PART VI, SECTION A, LINE 4
SUMMARY OF BY-LAWS CHANGES - JULY 20, 2014 1. REVISED THE ASSOCIATION'S MISSION AND ACTIVITIES THAT SUPPORT THE MISSION. 2. REVISED DEFINITIONS OF ACTIVE, ASSOCIATE, BOARD ALUMNI, AND HONORARY MEMBERS AND GAVE BOARD DISCRETION TO DETERMINE SERVICES PROVIDED TO EACH MEMBERSHIP CLASS. 3. EMPOWERED BOARD TO CREATE SECTIONS OF MEMBERSHIP AND CREATED THE WOMEN PROSECUTORS SECTION. 4. CLARIFIED QUESTIONS REGARDING BOARD MEMBERSHIP (ALLOWING ONE PERSON TO SIMULTANEOUSLY HOLD POSITIONS AS AN OFFICER AND STATE DIRECTOR, NOT COUNTING ASSOCIATE MEMBERS HOLDING AN OFFICER POSITION AGAINST THE EIGHT ASSOCIATE DIRECTOR POSITIONS, AND ADDING PAST SECRETARY-TREASURER.) 5. REVISED POLICY RESOLUTION LANGUAGE. 6. REVISED OFFICER REMOVAL PROVISION. 7. REVISED SECRETARY-TREASURER OVERSIGHT RESPONSIBILITIES. 8. ABOLISHED ASSISTANT SECRETARY POSITION. 9. REVISED EXECUTIVE DIRECTOR RECRUITMENT PROCESS, ADDED PROVISIONS ALLOWING EXECUTIVE COMMITTEE TO DESIGNATE AN ASSISTANT EXECUTIVE DIRECTOR AND SUSPEND THE EXECUTIVE DIRECTOR PENDING BOARD APPROVAL. 10. REVISED EXECUTIVE COMMITTEE TRAVEL REIMBURSEMENT PROVISION. 11. REMOVED OBSOLETE NATIONAL COLLEGE OF DISTRICT ATTORNEYS BOARD OF REGENTS AND AMERICAN PROSECUTORS RESEARCH INSTITUTE BOARD OF DIRECTORS PROVISIONS. 12. REVISED STANDING COMMITTEE ARTICLE. 13. REVISED BYLAW AMENDMENT PROVISION TO ALLOW ELECTRONIC VOTE.
FORM 990, PART VI, SECTION A, LINE 6
CHIEF ELECTED OR APPOINTED PROSECUTING ATTORNEYS, STATE ATTORNEYS GENERAL ACTING AS CHIEF ELECTED OR APPOINTED PROSECUTING ATTORNEYS IN DISTRICTS, COUNTIES, PARISHES, OR MUNICIPALITIES, TERRITORIES OR POSSESSIONS OF THE UNITED STATES OF AMERICA, AND EMPLOYED MUNICIPAL PROSECUTORS WHO DON'T DO CRIMINAL DEFENSE WORK, ARE ELIGIBLE FOR ACTIVE MEMBERSHIP. ASSISTANT OR DEPUTY PROSECUTORS IN AN ACTIVE MEMBER'S OFFICE, ATTORNEYS AT LAW WHO ENFORCE MILITARY OR CRIMINAL LAW AS A US ARMED FORCES MEMBER, AND US ATTORNEYS, ASSISTANT US ATTORNEYS AND ATTORNEYS IN US ATTORNEY GENERAL'S OFFICE ARE ELIGIBLE FOR ASSOCIATE MEMBERSHIP. ATTORNEYS SERVING THE DOMINION OF CANADA OR ANY OTHER COUNTRY OR ANY OF THEIR POLITICAL SUBDIVISIONS WHO, WERE HE SIMILARLY EMPLOYED IN THE USA, WOULD BE ELIGIBLE FOR ASSOCIATE MEMBERSHIP, ARE ELIGIBLE FOR ASSOCIATE MEMBERSHIP. ADMINISTRATIVE ASSISTANTS, OFFICE ADMINISTRATORS, OR ANYONE OF SIMILAR TITLE AND FUNCTION IN AN ACTIVE MEMBER'S OFFICE ARE ELIGIBLE FOR ADMINISTRATOR MEMBERSHIP. FORMER BOARD OF DIRECTORS MEMBERS WHOSE TERMS OF OFFICE HAVE EXPIRED ARE ELIGIBLE FOR BOARD ALUMNI MEMBERSHIP. EXECUTIVE DIRECTORS, PROSECUTOR COORDINATORS OF STATE PROSECUTING ATTORNEY ASSOCIATIONS OR PERSONS WHO HAVE THE RESPONSIBILITY OF ADMINISTERING THE TRAINING NEEDS OF ANY GROUP OF PROSECUTING ATTORNEYS ARE ELIGIBLE FOR EXECUTIVE DIRECTOR MEMBERSHIP. INVESTIGATORS IN AN ACTIVE MEMBER'S OFFICE ARE ELIGIBLE FOR INVESTIGATOR MEMBERSHIP. STUDENTS ATTENDING AN ACCREDITED LAW SCHOOL AND WORKING TOWARDS AN L.L.B. OR J.D. ARE ELIGIBLE FOR LAW STUDENT MEMBERSHIP. SECRETARIES, PARALEGALS, AUTOMATION SPECIALISTS, PUBLIC RELATIONS DIRECTORS, AND ANY CLERICAL STAFF WITH SIMILAR TITLES OR FUNCTIONS IN AN ACTIVE MEMBER'S OFFICE ARE ELIGIBLE FOR PROSECUTORS SUPPORT PERSONNEL MEMBERSHIP. PERSONS OR CORPORATIONS WHO DONATE FUNDS TO ASSIST IN CARRYING OUT AND FURTHERING THE ASSOCIATION'S PURPOSES AND ARE INVITED BY THE BOARD OF DIRECTORS ARE ELIGIBLE FOR SUSTAINING MEMBERSHIP.
FORM 990, PART VI, SECTION A, LINE 7A
MEMBERS OF THE ORGANIZATION WHO ARE ALSO MEMBERS OF THE BOARD OF DIRECTORS HAVE THE POWER TO ELECT OR APPOINT MEMBERS OF THE GOVERNING BODY.
FORM 990, PART VI, SECTION B, LINE 11
THE FORM 990 IS REVIEWED BY THE CHIEF FINANCIAL OFFICER AND BY THE EXECUTIVE AND GOVERNANCE COMMITTEES OF THE BOARD BEFORE IT IS FILED. A COPY OF THE FORM 990 IS THEN MADE AVAILABLE TO EACH MEMBER OF THE BOARD OF DIRECTORS.
FORM 990, PART VI, SECTION B, LINE 12C
ANNUALLY, THE ASSOCIATION DISTRIBUTES TO EACH DIRECTOR, PRINCIPAL OFFICER, AND MEMBER OF A COMMITTEE WITH GOVERNING BOARD DELEGATED POWERS ITS BOARD CONFLICT OF INTEREST POLICY, WHICH CONTAINS A STATEMENT TO SIGN WHICH AFFIRMS SUCH PERSON: A. HAS RECEIVED A COPY OF THE CONFLICTS OF INTEREST POLICY, B. HAS READ AND UNDERSTANDS THE POLICY, C. HAS AGREED TO COMPLY WITH THE POLICY, AND D. UNDERSTANDS NDAA IS CHARITABLE AND IN ORDER TO MAINTAIN ITS FEDERAL TAX EXEMPTION IT MUST ENGAGE PRIMARILY IN ACTIVITIES WHICH ACCOMPLISH ONE OR MORE OF ITS TAX-EXEMPT PURPOSES. THE POLICY CONTAINS THE PROCEDURES TO FOLLOW TO DISCLOSE POTENTIAL CONFLICTS, DETERMINE WHETHER A CONFLICT EXISTS AND ADDRESS IT, AND TAKE APPROPRIATE DISCIPLINARY AND CORRECTIVE ACTION.
FORM 990, PART VI, SECTION B, LINE 15
THE EXECUTIVE COMMITTEE REVIEWS THE COMPENSATION OF THE EXECUTIVE DIRECTOR WHEN IT COMES TIME FOR HER OR HIS PERFORMANCE REVIEW. AFTER WHICH, THE NEW SALARY LEVEL IS COMMUNICATED TO HER OR HIM. THE EXECUTIVE COMMITTEE REVIEWS THE SALARIES OF ALL OTHER EMPLOYEES WITH THE EXECUTIVE DIRECTOR IN EXECUTIVE SESSION TO DISCUSS SALARY LEVELS IF ASKED.
FORM 990, PART VI, SECTION C, LINE 19
THE GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND AUDITED FINANCIAL STATEMENTS ARE NOT GENERALLY MADE AVAILABLE TO THE GENERAL PUBLIC, BUT IF REQUESTS FOR COPIES OF THESE DOCUMENTS WERE TO BE RECEIVED, THE ORGANIZATION WOULD CONSIDER MAKING THEM AVAILABLE TO THE REQUESTOR.
FORM 990, PART XII, LINES 2A, 2B, 3A AND 3B
IN APRIL 2010, NDAA RECEIVED AUDIT REPORT GR-30-10-001 FROM THE AUDIT DIVISION OF THE OFFICE OF THE INSPECTOR GENERAL OF THE U.S. DEPARTMENT OF JUSTICE. THE AUDIT REPORT CONTAINED 29 RECOMMENDATIONS THAT QUESTIONED COSTS CHARGED TO DEPARTMENT OF JUSTICE GRANTS AND DIRECTED CHANGES TO NDAA POLICIES AND PROCEDURES TO ADDRESS ISSUES RAISED IN THE AUDIT. THE PREPARATION AND IMPLEMENTATION OF THE CORRECTIVE ACTION PLANS REQUIRED BY THE DEPARTMENT OF JUSTICE HAS TAKEN OVER 60 MONTHS AND DELAYED THE COMPLETION OF AUDIT FIELDWORK FOR THIS PERIOD.
FORM 990, PART XII, LINE 2C:
THE ORGANIZATION HAS AN AUDIT COMMITTEE THAT SELECTS AN INDEPENDENT ACCOUNTANT AND OVERSEES THE AUDIT OF THE ORGANIZATION'S FINANCIAL STATEMENTS. THE AUDIT OVERSIGHT PROCESS HAS NOT CHANGED FROM PRIOR YEARS.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.