[Davisgig] Fwd: Meetings + Fiscal Responsibilty/Organization

Steve McMahon steve at dcn.org
Wed Aug 19 16:50:48 PDT 2015


A great source on campaign limits for 501c3 organizations:
http://bolderadvocacy.org/wp-content/uploads/2012/04/Ballot_Measures_and_Public_Charities.pdf

>From that document:
"""
501(c)(3) public charities can proactively initiate ballot measures, react
to measures proposed by others, and support or oppose ballot measures and
encourage the public to vote accordingly. Organizations may propose ballot
measures (including indirect initiatives) and collect signatures so a
ballot measure can be certified. Additionally, public charities can
challenge the certification of any proposed ballot measure or oppose
indirect initiatives by lobbying the legislative body. Additionally, even
though public charities cannot support or oppose candidates for public
office, they can urge voters to support or oppose particular ballot
measures. The IRS considers ballot measure work to be a lobbying activity
because members of the voting public act as legislators when they vote
“yes” or “no” on the legislation proposed in ballot measures.
"""

The big limit is that this cannot be all that the organization does or its
main reason for existing. And, saying anything about candidates is the
third rail for a 501c3.

On Wed, Aug 19, 2015 at 4:10 PM, Douglas A. Walter <dawalter at dcn.org> wrote:

> Hi all. I'll try to go to Trello and not troll. I think Steve is onto a
> lot of positives for this approach of using DCN.
>
> At some point, a group that specifically advocates a political position
> will need to be formed, unless we find a vehicle for finance that's not a
> tax of some sort -- a 501(C)3 like DCN cannot do that. Their tax status
> would potentially be at risk if they were urging voters to pass (or reject)
> a future "Measure G," to institute a use tax, or some other voter-approved
> financing mechanism. So, if the choice is form a campaign committee now, or
> form one later… why not now? Perhaps because we don't yet know precisely
> what it will campaign for (that is, we know it'll advocate DavisGig, but
> through what kind of tax, at what election?).
>
> A coop is for chickens, but a cooperative might be an organizational form
> for DavisGig. But are we a group of *consumers* forming a co-op to supply
> ourselves with public Gigabit Internet service? Or a *worker-consumer*
> hybrid co-op? Again, I might try to develop this on our Trello cards, but
> I'm not convinced that this is a great place for a co-op, much as I love
> them. I am, of course, quite willing to assist with formulating bylaws and
> moving towards incorporation, if a cooperative is what we determine we want
> to be; I've never done that, but I've done a lot of working with lawyers
> and people who are organizing co-ops.
>
> On Aug 19, 2015, at 11:20 AM, Steve McMahon wrote:
>
> Thanks to Rob for raising the organizational topic. As you read my
> message, keep in mind that I'm a long-time DCN volunteer and board member.
>
> I think that DavisGig operating under DCN's organizational umbrella is a
> great idea. Some of my reasons:
>
>
>    1. Staying organizationally light allows DavisGig to be an agile,
>    activist organization without having to spend time adopting bylaws,
>    electing officers, having regular board meetings and such.
>    2. DCN's goals in this matter are basically identical to DavisGig's,
>    and the board/staff is happy to deal with the tedious stuff. DCN wants and
>    has endorsed municipal fiber. And, DCN would be happy to bring onto its
>    board nearly anyone that has a long-run interest in these issues.
>    3. DCN already has a 501(c)3 designation as a tax-exempt organization.
>    This may matter a lot if we receive any contributions large enough that
>    someone cares about the tax deduction. Or if grant money becomes available.
>    4. There is not necessarily a point for DavisGig to exist
>    organizationally beyond the activist phase. Maybe there will be a successor
>    organization, but we probably don't want to worry about its structure now.
>    5. DCN is a credible and known partner in dealing with the COD, DJUSD
>    and UCD as well as lots of local organizations like PTA/PTOs.
>
> One question that's come up: if this comes to a bond or tax issue, would
> DCN be able to use contributed funds to advocate for the issue? The simple
> answer is: no problem. IRS regulations forbid electoral intervention in
> favor of candidates. There is no problem with issue advocacy even if the
> issue is before the voters. We just can't work on behalf of or against
> candidates. I doubt that anybody in DavisGig has any interest in having the
> organization be involved in advocating for or against any candidate for
> office.
>
> On Wed, Aug 19, 2015 at 8:54 AM, Robert Nickerson <rob at omsoft.com> wrote:
>
>>
>>
>> Hi Davisites
>>
>> Some announcements and meta organizational structure discussion follows.
>> [snip]
>>
>>
>> 2) Fiscal Responsibilty/Organization
>>
>>  One of the main issues we currently face is dispensing funds to achieve
>> our goals. An exceptionally committed individual has donated another
>> $200 this month, and we are ready to get some full color lawn signs
>> going to raise our profile in the community and further raise funds.
>>
>> Presently, we have a draft MOU before us from DCN acting as a fiscal
>> agent and providing its long established 501c3 non profit network status
>> for the cause of Davis GIG, which is a group of volunteers working to
>> implement community owned and operated fiber optic network for all Davis
>> homes and businesses.
>>
>> At the last board meeting, we have come to the same realization that we
>> came to, at the DCN board meeting which was, DavisGIG volunteers are a
>> loosely formulated ad hoc committee of Davis citizens with out a formal
>> operating structure. So no one is authorized to sign any agreements or
>> MOUs to disperse non  profit collected funds collected through the
>> website or in person.
>>
>> So some organizational structure is required, and is a rather necessary
>> thing at this point. Need to buy signs, and check the prices from only
>> local vendors,  I'm collecting at the Trello card BTW. Subscribe to that
>> card to get updates.
>>
>> Thankfully a volunteer has provided a contact for possible legal
>> guidance on creating a separate but minimal framework for having a board
>> of Directors, though not pursue any non profit or corporate status or
>> charter.
>>
>> I had thought to myself, to short circuit this, we could simply govern
>> this project fiscally and orgnizationally, as a special committee of
>> DCN. DCN has traditionally had a variety of committees, Web team
>> committees dedicated to things such as DCN.org and other hosted domains,
>>  website development; Resource Allocation Committee, awarding free
>> resources to  community  non-profits and PTAs; Technical Operations
>> Committee which guided maintenance and growth of the network. There were
>> others.
>>
>> We could propose to the DCN Board our group be considered the DavisGIG
>> Committee, that way we don't need to do anything else structurally.
>> DCN's structural operation is documented through our website, and there
>> have been heavily attended volunteer committees in the past that were
>> fairly active, so organizationally, structurally this is a worked out
>> thing with DCN.
>>
>> Although I have been a DCN board member since 1998 or so,  the
>> importance of having community owned and operated fiber optic and the
>> timing in  the market is such that, this is a great chance to work in a
>> broader community sense, to make this one time acquisition, planning and
>> installation happen correctly and with full citizen input.
>> I was not President, when this email list started, just a citizen, but
>> network operator advising the community and proposing a preferable way
>> of deliver Internet, available freely in many other nations. Too many
>> good things accrue with this project not to  do it carefully and with as
>> much considered community input as possible.
>>
>> DCN as a 23 year plus organization carries its own reputation and
>> opinions  in the community, and its important that DavisGIG be given the
>> best effort at succeeding there.
>>
>> So before I thought I would contact the attorney contact we have, I
>> thought I would throw this question out to the group and take measure of
>> the idea.
>>
>> Does anyone have opinions one way or the the other? Put it on the Trello
>> card.
>>
>>
>>  Seriously though Do,  we need a doodle poll called existential question ?
>>
>> I've setup a Trello board with three cards and voting. Put your opinions
>> one way or another on the particular card that is pertinent and VOTE your
>> choice.
>>
>> 1) Form a board of directors, seek legal advice, form some sort of
>> formal organization and governing document.
>>
>> 2) Be a sub committee of DCN folded under its bylaws and board of
>> directors.
>>
>> 3) Someone suggest an alternative.  A Coop?
>>
>>
>> Thanks for anyone who has any input.
>>
>>
>>
>>
>>
>> _______________________________________________
>>
>> Please ref our wiki for details, documents and contacts:
>>
>> http://www.dcn.davis.ca.us/~help/dokuwiki/doku.php?id=start
>>
>> Davisgig mailing list
>> Davisgig at list.omsoft.com
>> http://list.omsoft.com/mailman/listinfo/davisgig
>>
>
> _______________________________________________
>
> Please ref our wiki for details, documents and contacts:
>
> http://www.dcn.davis.ca.us/~help/dokuwiki/doku.php?id=start
>
> Davisgig mailing list
> Davisgig at list.omsoft.com
> http://list.omsoft.com/mailman/listinfo/davisgig
>
>
> =-=-=
> Doug Walter, home edition
> dawalter at dcn.org
> Wag more (bark less)
>
>
> _______________________________________________
>
> Please ref our wiki for details, documents and contacts:
>
> http://www.dcn.davis.ca.us/~help/dokuwiki/doku.php?id=start
>
> Davisgig mailing list
> Davisgig at list.omsoft.com
> http://list.omsoft.com/mailman/listinfo/davisgig
>
>
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