Zzjamesdeanbillcosby_small
Reputation: 14

What are the requirements for a non-profit board & Theatre?

A hydra of a question here, sorry:
There's a certain local musical theatre embroiled in a fair amount of back and forth email howiztering this week: namely between long-time artists and the relatively new Exec Director. Legal action has been threatened, names called, and scandals acused. It's getting dirty.

What financial obligation does the theatre's board have to the public, regarding open public records? Open meetings (my understanding is that meetings must be open to public and announced publicly at least 24 hours prior), budget disclosure (like, unanswered-for missing funds from previous years' budgets) and also - what's the minimum number of adults to make up a proper qualifying 501c NPO board (one side says 7 , the other says 9)?

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2 Answers

  • Min-wage_small
    Reputation: 1421

    Pretty much everything you are asking about would be in the non-profit's bylaws if it is a requirement. The state doesn't dictate the number of directors on a board, for example, but there might be a requirement in the bylaws. I'm sure there is at least a minimum number specified for quorum in order to make decisions in the bylaws. There may be requirements about how much notice to give before meetings too.

    Nonprofits are pretty much self-governed in Washington, so unless someone can show reasonable proof that there might be criminal activity it's up to the members to take action. If you are a member, you should be able to get a copy of the bylaws from the organization. I don't think nonprofits are required by the state to make the bylaws or budgets public, but I would guess a member would have a right to see that information.

    The IRS 501(c)3 requirements are more stringent. The 990 return that most 501(c)3s are required to file are public documents, but they probably won't help locate missing money. According to the IRS website you can find many 990s at Guidestar.org, or you can contact the IRS Tax Exempt/Government Entities Hotline at (877) 829-5500.

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  • Rex_racer_small
    Reputation: 690

    Sorry your theater is melting down.
    Open records are required re: filing the 990 form.
    You're right on the 24HR prior notice thing--though plenty of boards disregard it when convenient.
    here's the rub - if they decide something you disagree with (with a good reason) and you call them on it (like, sue them), they will likely have to drop all decisions made at said meeting.
    5 people is the usual board size minimum, but I don't know if the federal Law actually mandates a minimum #. They have an odd number, right?

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