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use of prior raised funds

20 years 9 months ago #98486 by mum24kids
There absolutely is a big difference between those two approaches--and most of my advice only applied if "please donate to our track fund" was approach used. If the pitch was more like the wrapping paper example, I don't think lkd has an issue.
20 years 9 months ago #98485 by Rockne
Good stuff, mum24, but I'm betting that IKD's group was a lot less formal in their solicitation than you might be guessing.

I'm not a lawyer (so this is very amateur analysis), but I bet there's a big difference between:

1. "Please donate (cash) to our new track fund."

and...

2. "Please buy this gift wrap for our PTO. Our goal this year is a new track."

Most groups do their fundraising more like the latter, and -- if that's the case for IKD -- I think they're OK on the less formal approach to switching uses.

Tim

PTO Today Founder
20 years 9 months ago #98484 by mum24kids
The answer I'm giving you is one based on what's known as "generally accepted accounting principles" (and specifically for any other accounting geeks out there, Statements of Financial Accounting Standards #116 and #117).

I think you do need to put that notice in the paper--it's a cheap and reasonable way to CYA. If you solicited donations specifically for a track, and your donors respond to that request, you're obligated to use it for a track unless they tell you otherwise. (I disagree with Critter here--I think that is, in effect, a contract.) Such donations are termed "donor-restricted." According to this one manual I have on non-profit accounting, "if an organization accepts resources expecting that it can comply with donor restrictions and later finds that it will not be able to meet these restriction, it must either return the resources to the donor or reach agreement with the donor to have restrictions removed or changed."

As for the comment about parents whose kids aren't there anymore not having a say in how the money is used--it's entirely possible that some of that money didn't come from parents to begin with. Maybe you solicited local companies for donations?

But you might have another "out" here. There's a difference between this kind of donor restriction discussed above, and a situation where your Board imposes a restriction. Let's say that instead what happened is that your Board made a decision (for example) to set aside 10% of your receipts each year to be used for a track. Since the Board at that time made that decision, the current Board can change that restriction with a Board resolution/vote--it doesn't matter that the same Board people aren't there.

Practically speaking, though, if you are dealing with donor restricted funds and you can't track down the original donors, and your legal notice doesn't get you anywhere, I think it's very reasonable for your Board to elect to use the funds for other fitness related items. Your liability would be limited to having the donors who gave money for the track come back to you and say they want their money back because you didn't use the money for what they intended. The chances of that happening are probably very slim, and you would be able to show a good-faith effort to reach the donors by putting the legal notice in the paper.

Finally, if you're big enough to be filing form 990 with the IRS, check Part IV--Balance Sheets and see if you have anything in the "temporarily restricted" or "permanently restricted" lines. If these truly were donor restricted donations, the $14,000 should be showing up in there. If it's not, there's the possibility that someone has already looked at the materials used to solicit the donations and determined that they really weren't limited to the track. Or, someone may just have done the tax return incorrectly....
20 years 9 months ago #98483 by DaveP
Replied by DaveP on topic RE: use of prior raised funds
I have to agree with Critter and Tim here! We have a fence fund that I often get asked questions about by parents. I have begun a monthly update on the status of this in our school magazine which has cut down on the phone calls. I don't have the orginal posters problem in not having a reasonable idea of what the project will end up costing, but we have as a board attempted to at least think about what will happen to the money if we fail to raise enough. We have decided if this should happen we will go back to the general membership with ideas of how to use it, rathing than just making the decission ourselves. It is what my board thinks is best to do in such a circumstance, but it's not the only option. You all will have to decide that for yourselves, it's what being a PTO is all about [img]smile.gif[/img]

I know I am too gung-ho on PTO!
20 years 9 months ago #98482 by Rockne
I agree with Critter.

Things happen and you try to make the best of new circumstances.

Do great work with the $$ and I think you'll be fine.

Tim

PTO Today Founder
20 years 9 months ago #98481 by Critter
Unless the PTO had a written contract with the original donors, how could the PTO be breaking any law? Sounds to me that your plan is a great compromise solution. The school still gets something significant, and it's still in the area of physical education. I wouldn't worry about the public notice. Just be sure you meet the requirements of your bylaws when you vote to reallocate it (ex: make sure you have quorum). Also, those parents whose kids have graduated are no longer eligible to be members of your PTO (depending on your specific bylaws) so they would have no say in the PTO's business today.

Your situation raises an interesting topic, though. Makes me think that in the future if we ever embark on a capital improvement project like that, we should have a stated contingency plan in case we don't meet our fundraising goal in the allotted timeframe.

[ 10-13-2003, 01:22 PM: Message edited by: Critter ]
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