To: Participants of the MVCAC
From: Duane Nichols, Convenor
RE: Adoption of Six (6) Amendments to Articles of Organization
ACTION: Please vote immediately: Yes-- for approval, No-- for objection.
NOTE: Contributions to the MVCAC will be exempt of IRS taxes if the MVCAC
meets
the requirements of Section 501-c-3 of the IRS code. We have been informed
by
the IRS that six amendments are needed to our Articles of Organization.
These required amendments are herewith proposed by Paula Hunt for adoption by
email vote of the Mon Valley Clean Air Coalition. Decision is by consensus, so
if there are any objections, said objections will need to be resolved at our
upcoming meeting
on Tuesday, January 9, 2007, at 7 pm in the Basement Meeting Area of St.
Paul's Lutheran Church, Patterson Drive, Morgantown, WV.
MON VALLEY CLEAN AIR COALITION
Articles of Organization
Adopted: January 23, 2006
In consideration of health concerns relating to high levels of air
pollutants in the Monongahela River valley and surrounding areas, the Mon Valley Clean
Air Coalition, a nonprofit organization whose participants serve on a
voluntary basis, has been founded to promote public education and advocacy relating
to air quality issues and to enhance capabilities for monitoring air quality
in the region.
Activities may include 1) partnering with the local school systems to
provide educational materials regarding energy awareness and genesis of air
pollutants such as ozone, sulfur dioxide, volatile organic compounds and
particulates, 2) financially assisting in the acquisition of air monitoring equipment to
be used in conjunction with the school programs, 3) exploring avenues for
performing independent air monitoring either through direct equipment
acquisition and operation by volunteers or via contractual agreement with a third
party, 4) development of presentations and pamphlets to be used in adult
public outreach, 5) participation in health fairs and other public opportunities
for adult education, 6) the submission of data and other relevant information
to local, state, and federal agencies regarding the development of rules for
regulatory functions and environmental quality permits, 7) the writing of
letters and testifying at public hearings on environmental issues and proposed
permits for pollution control, as well as 8) the legal appeal of permits or
regulations within the statutory time periods set aside in the permitting
process. Each of these activities is intended only to the extent permitted under
the Internal Revenue Service 501-c-3 rules.
The Mon Valley Clean Air Coalition functions under the leadership of a
Convenor, Secretary, and Treasurer. These officers are chosen by consensus,
serving short indefinite terms of less than one year under typical circumstances.
A Board of Directors is made up of the current and former Convenors and
serves to facilitate decision-making, when necessary, between regular monthly
meetings. The Treasurer maintains a bank account for the deposit of receipts
and the payment of expenses, consistent with an annual Budget and approval of
the officers and/or participants.
A list of participants is to be maintained by the Secretary; and, an email
list exists and is used as the primary means of communication among the
officers and the participants. There is no membership fee or regular assessment.
Voluntary contributions are welcomed from anyone who shares an interest in
the objectives and mission of the Coalition, as it is stated above. Current
funding categories for expenditures are 1) public education to include
newsletters and brochures plus expenses for seminars and other public speaking
functions, 2) the air monitoring project for data collection, training, and public
awareness, 3) fees for consultants and experts, secretarial fees, and legal
expenses (lawyers and court costs), and 4) other miscellaneous organization
expenses.
Monthly meetings involve a systematic discussion of all the relevant topics
at that time. Decisions are made by consensus of those present, and minutes
of each monthly meeting are distributed promptly to the participants.
Committee meetings are held on an as-needed basis.
The Mon Valley Clean Air Coalition is incorporated in the State of West
Virginia as a not-for-profit Voluntary Association, Control Number 77545, July
11, 2005. The West Virginia Taxpayer Identification Number is WV-041-2704-001.
The Employer Identification Number that as been assigned by the U.S.
Internal Revenue Service is EIN 75-3199088. In the case of the dissolution of the
Coalition, its monetary assets are to be donated to the American Lung
Association and any equipment or supplies are to be donated to the Monongalia County
Board of Education, Morgantown, WV. The formal address of the Coalition is
as follows:
Mon Valley Clean Air Coalition
P. O. Box 4679
Morgantown, WV 26504
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Amendments to Articles of Organization
(Prepared: January 2, 2007)
1. The MVCAC is organized exclusively for charitable, educational, and
scientific purposes, including for such purposes, the making of distributions
to organizations under Section 501(c)(3) of the Internal Revenue Code (or the
corresponding section of any future Federal tax code).
1. No part of the net earnings of the MVCAC shall inure to the benefit
of, or be distributed to its members, trustees, directors, officers or other
private persons, except that the MVCAC shall be authorized and empowered to
pay reasonable compensation for services rendered and to make payments and
distributions in furtherance of Section 501(c)(3) purposes.
1. No substantial part of the activities of the MVCC shall be the
carrying on of propaganda, or otherwise attempting to influence legislation, and
the MVCAC shall not participate in, or intervene in (including the publishing
or distribution of statements) any political campaign on behalf of, or in
opposition to, any candidate for public office.
1. Notwithstanding any other provision of these articles, the MVCAC
shall not carry on any other activities not permitted to be carried on (a) by a
corporation or organization exempt from Federal income tax under Section
501(c)(3) of the Internal Revenue Code (or corresponding section of any future
Federal tax code) or (b) by a corporation or organization, contributions to
which are deductible under Section 170(c)(2) of the Internal Revenue Code (or
corresponding section of any future Federal tax code).
1. Upon the dissolution of the MVCAC, assets shall be distributed for
one or more exempt purposes within the meaning of Section 501(c)(3) of the
Internal Revenue Code, or corresponding section of any future Federal tax code,
or shall be distributed to the Federal government, or to a state or local
government, for public purpose.
1. However, if the named recipient is not then in existence or no
longer a qualified distributee, or unwilling or unable to accept the distribution,
then the assets of the MVCAC shall be distributed to a fund, foundation, or
corporation organized exclusively for the purposes specified in Section
501(c)(3) of the Internal Revenue Code (or corresponding section of any future
Federal tax code).
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