aug 16 2023
Possession may be 9/10ths of the law--- except with charities.... this concept of “possession” has done a terrible job on what we had going here... I did not realise that was the basic problem until the SDP lawyer and a board member asked me to list what was mine. This caused me to look around.
Probably my washer and dryer are 100% mine... and the rest of the stuff here is debatable because – and this will shock everyone.... no one owns charity stuff...it is owned by the people who donated to the charity for a specific cause...—and if for any reason that is to change hands, it must be done with great care- the basic rule of charities. “IT IS NOT YOURS”
Q: What are the duties/responsibilities of a non-profit organization and/or its Board of Directors regarding surplus funds and physical inventory
Note that a non-profit organization is responsible to donors, intended beneficiaries, and often, to the public, for all assets. Dissolution of or shutting down the non-profit does not end this responsibility. If need be, the courts and the Director can and will look beyond the organization to assign personal responsibility to individual board members and officers. Remember the basic rule of charitable trusts: “it’s not yours.”
With that context in mind, there are two answers to your question. First is that the Articles or other basic document of your organization may set out where assets go on dissolution. NH RSA 292 has required inclusion of such information for many years. Second, such provision may be absent or vague. In that case, the organization must do the best it can to determine the purpose for which donors gave the money or assets in question, which may be explicit or may be the purpose for which the organization held itself out when it obtained the money or assets. The trustees (board) should formally vote to distribute its assets to a specific recipient. The closer the match of the recipient of the remaining assets, the better. If there is any question, consult a lawyer with knowledge of charitable trust law. It may, under some circumstances, be appropriate to ask the Director of Charitable Trusts to bless the proposed distribution.
Having the board of directors formally vote on distribution of anything here would be fair to all the donors who have sent in $10..-- now that there are 3 boards involved does not complicate it all that much with zooming. It would insist all members of the 3 boards become familiar with the operations involved... which they are supposed to be anyway.. keep in mind—being a board member does have legal responsibilities which are not covered by the “board insurance” we all carry.
So to the lawyer and board of SDP
Do not get angry with me—or assign blame for anything you are uncomfortable with. This is the way charities must be run or they would all be blind fundraisers for “Uncle Harry”
Total transparency of all finances and operations.
I believe my name is on the contract with Purina. One of the “camera people” is watching the dog food shed and is posting who takes how much. Which as a donor they are entitled to do however.... the results they are getting worries me.. I do not want to risk my status of 501 c 3 charity because I did not speak up..... The food was donated for dogs in training or working.
I had always taken food for my 3 dogs-----community service has been a stated mission as part of the SDP grant requests for as long as I can remember.. I now have a separate charity operation and board of directors is just a fact. we have statistics of the 1000’s of people we have visited. We are working our mission. I took food for years. However..
Since Haley told me I was not to take any more of the Purina donated food, I have bought my own, I certainly would not want to jeopardize the Purina donation because of my 3 dogs.
I strongly suggest that the taking of food is more carefully monitored and verified by SDP so someone can be held responsible . pet dogs do not meet the donor’s expectation .
