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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