October 22, 2017; Mansfield News Journal
The additional adventure in a anniversary about a baby nonprofit in Mansfield Ohio has aloft added questions than it answers. Aftermost week, the Mansfield News Journal appear that Toy Time, an all-volunteer affairs accouterment toys for beggared accouchement in the anniversary season, was activity to close. On Sunday, a additional commodity was acquaint advertence that the IRS had revoked Toy Time’s nonprofit cachet in 2015 afterwards three years of contravention with filing requirements. The beforehand baton of the alignment declared that she did not apperceive about the aishment and anticipation she had anchored it. In any case, it had annihilation to do with her chief to aing Toy Time, which was bankrupt due to a abridgement of donations and volunteers and to a lath that had resigned.
That abrupt description of what is activity on raises a cardinal of questions about the activity aeon of nonprofits, albatross for compliance, and how to aing a nonprofit in Ohio. We get the activity this adventure is not over.
Toy Time started in the 1960s and ’70s as a affairs of the Marine Corps Reserve based in Mansfield, Ohio. The affairs gathers acclaim acclimated toys as donations from about the association and distributes them in a weekend accident aing to the holidays. Back the Reserve confused to Columbus, volunteers who had been alive the affairs absitively to accumulate it activity and eventually created Toy Time as a nonprofit. A baton in this allegation was Kenneth Cole, who was the beforehand baton of the alignment until his afterlife in 2009; he had been the admiral back 1965. His daughter, Teresa Boner, who had absolutely actually developed up at Toy Time, took over.
Boner says her accommodation to aing Toy Time comes afterwards years of abbreviating success afterward her father’s death. What this ability allege to is the activity aeon of a nonprofit. Toy Time existed because of Cole’s passion, and bodies aggregate about him to advice accomplish his vision. With no breach to Teresa, could it be that with his passing, the vision—or, at atomic Cole’s claimed charisma, which led so abounding in the association to abutment him—also passed? Could it be that the alignment existed as a way for Cole’s assignment to be done in the community, and it is accept to let it go now that he has died?
Boner states she did not apperceive about the charge to book paperwork with the IRS: “No one told me,” she said. Who should accept told her? The lath of directors. But in the additional of the two articles, a lath administrator listed in the best contempo Form 990 filed with the IRS (for 2011) says, “They attenuated that lath years ago.” Who are “they” and how can you deliquesce a board? The Ohio accompaniment statutes (chapter 1702.27) crave a minimum of three lath admiral for a nonprofit to be in acquiescence unless there are beneath than three voting associates of that organization.
Which brings up the aing question. In abounding states, such as this writer’s home of Wisconsin, a nonprofit does not accept to accept voting associates and the lath can accept to deliquesce the bureau at its direction. However, as acicular out in an commodity on Nolo.com:
Under Ohio’s Nonprofit Corporation Law (“NCL”), your nonprofit’s voting associates charge accredit dissolution by voting to accept a resolution to dissolve…Ohio law abandoned allows directors, acting alone, to accredit dissolution in appropriate circumstances, such as bankruptcy, back all assets accept been awash at a administrative sale, or contrarily with the permission of a accompaniment court. The affiliate vote about charge booty abode at a affiliate meeting, and associates charge be accustomed beforehand apprehension of the meeting.
Does this beggarly that Boner lacks the ascendancy to unilaterally opt to aing the nonprofit? Even if it has absent its cachet with the IRS, it is still congenital as a nonprofit in the accompaniment of Ohio. Even if she does accept the authority, it is accessible that things are not as bad as she fabricated out. A beforehand wrote a letter to the editor afterward the aboriginal story, adage there were affluence of ability and volunteers to advice 800 accouchement aftermost year, not the 300 Boner references in her accommodation to close.
As the King says in The King and I: These are puzzlements. That’s why it could be that this adventure has not apparent its final chapter.—Rob Meiksins
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