Council of Prison Locals – C33 FIDICUARY DUTIES AND RESPONSIBILITES OF THE FINANCIAL OFFICER & HOW TO GET THEM ACCOMPLISHED

Council of Prison Locals – C33 Who Are The Financial Officers ? President Vice-President Treasurer Executive Board Or individuals that make financial decisions or reviews for the Local –Audit Committee –Budget Committee

Council of Prison Locals – C33 Goals Make the Financial Officer a financially savvy individual To keep the Financial Officers out of Jail !!

Council of Prison Locals – C33 General Responsibilities A Local’s Financial Officer must have a strong sense of responsibility. He or she is entrusted by the Membership with the faithful performance of vital duties: –Safeguarding the property of the Local and its Members –Collecting and disbursing Local funds –Accurately recording all financial transactions –Reporting to Federal & State Government Agencies

Council of Prison Locals – C33 Fiduciary Responsibilities Local Officers manage and handle funds which belong to the Local and its Members, they hold positions of trust known as “Fiduciary Positions” These Federally-imposed Fiduciary Duties are set forth in Section 501 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), which provides that Union Officers must:

Council of Prison Locals – C33 Fiduciary Responsibilities –Hold union’s money and property solely for the benefit of their Union and its Members. –Manage, invest, and disburse funds and property only as authorized by the Union’s Constitution and By-Laws or by proper resolution of its Membership. –Refrain from financial or personal interests which conflict with those of their Union; and account to their Union for any profits received from transacting Union business. Union officials who violate these federally created fiduciary duties are subject to civil lawsuits in federal or state court for money damages or other appropriate relief. In addition, there are criminal penalties for embezzling or stealing Local property—fines up to $10,000, imprisonment for up to five years, or both.

Council of Prison Locals – C33 AFGE Articles that Govern the Financial Officers AFGE National Constitution

Council of Prison Locals – C33 Article II Section 3 Independent Local The Local is an autonomous organization. Article IV Section 1 Dues & Initiation Fees Dues shall be established and adjusted as may be necessary to ensure that they allow adequate funds for the payment of Per Capita Tax and sufficient funds for the operating expenses of the Local.

Council of Prison Locals – C33 Article V Section 2 Check Signing The Treasurer shall sign and the President shall countersign checks covering proper expenditures for the Local. In the absence of these officers, such other Officers as defined by the Locals Bylaws, may sign. Article V Section 3 Bonding The Officers, agents, shop stewards, employees or other representatives of the Local who handle funds or property of the Local shall be bonded.

Council of Prison Locals – C33 Article V Section 4 Annual Audits In order for the bond to be effective, the Local shall file an Annual Audit Report (to include a copy of the DOL LM Form and an approved Annual Budget) with the National Secretary Treasurer (NST). Article V Section 5 Open Records All books, records, and financial accounts shall be open to the inspection of the National Executive Council or any duly authorized representative.

Council of Prison Locals – C33 Article VI Section 1(a) Local Officers The general officers shall be elected by the total Membership and shall constitute the Executive Board and shall consist of the President, Treasurer, Secretary and others as the Local’s bylaws may prescribe

Council of Prison Locals – C33 Article VI Section 3 Presidents Duties The President shall be the executive officer of the Local. He/she shall exercise general supervision over the affairs of the local and insure that all other officers comply with their responsibilities and constitutional duties. Article VI Section 3 Filling in for the President If the President is unable to perform his or her duties. The President will delegate the responsibilities of the office based on the local’s bylaws.

Council of Prison Locals – C33 Article VI Section 5 Treasurer’s Duties The Treasurer shall maintain a Bookkeeping System as prescribed by the National Secretary-Treasurer. The Treasurer must make a financial report at each regular meeting; keep an up-to-date roll of the membership; make monthly membership changes (adds & drops); make address change and report such to the NST. Perform additional financial duties as assigned.

Council of Prison Locals – C33 Article VIII Section 2 Executive Board Duties It shall be the duty of the Executive Board to devise and initiate actions that may be necessary in the interim between the Local’s meetings. All actions shall be subject to Local approval. Article VIII Section 3 Expenditures Expenditures by the E-Board in excess of $500 per month must haveprior approval of the Membership, or be an approved budget item. Any expenditure authorized by the E-Board must be reported in writing at the next Membership meeting

Council of Prison Locals – C33 Article VIII Section 4 Annual Budget The Executive Board of the Local shall prepare an Annual Budget (subject to the Membership's approval) insuring that revenues are sufficient to meet its financial obligations.

Council of Prison Locals – C33 Conducting a Local Audit

Council of Prison Locals – C33 Each local is required to conduct an Audit at least once a year and make a certification using Audit Certification Form 41 to the National Secretary-Treasurer showing that an audit has been completed. It is mandatory that you conduct an Audit: At the close of each Year End When there is a change in Financial Officers Or, if there is a suspicion of any wrong doing AFGE Annual Audit

Council of Prison Locals – C33 Conducting Local Audits Who should be on the Audit Committee or conduct the Audit: Annual Internal Audit –The President should appoint an odd number of members (3-5) that do not have signature authority on any accounts Annual External Audit –You may hire outside Accountants or Bookkeepers to perform the audit also Monthly Audits by the Financial Officers –AFGE suggests that the Financial Officers conduct an audit of the Savings, Checking, Investment and Credit Card Account Statements on a monthly basis to insure that all items have been reconciled. A review of the checkbook and dues deduction listings is also recommended

Council of Prison Locals – C33 Bonding Requirements

Council of Prison Locals – C33 Bonding is a type of insurance policy that insures an organization against financial loss caused by persons who handle the finances for the Local. The insurance policy is called a “bond”—often a “security bond” or “fidelity bond.” Federal Labor Law requires bonding to protect Unions from financial losses caused by “fraudulent or dishonest acts” by Union Officers or Employees All AFGE Locals are covered under a blanket bond and charged annually for the coverage In order for your bond to be in effect you must conduct a Annual Audit and submit to AFGE a Form 41 with a copy of your LM Report and the approved Annual Budget. The Labor-Management Reporting and Disclosure Act (LMRDA) establishes specific bonding requirements:

Council of Prison Locals – C33 (LMRDA) Bonding Requirements A bond, like any insurance policy, has a maximum recovery amount. Per the Department of Labor the bond must be equal to at least 10 percent of the assets the Local. A quick formula for computing required coverage: Current Assets (Cash, Investments) + Total Receipts * 10% = Amount of Coverage Required AFGE recommends that your coverage be 100% of your total assets.

Council of Prison Locals – C33 What Agencies and Individuals must Financial Officers report to? Internal Revenue Service Your Local AFGE

Council of Prison Locals – C33 IRS Requirements AFGE Locals are exempt from federal income taxes by the Internal Revenue Service by being a 501c (5) organization. AFGE’s Group Exemption Number is Generally AFGE Locals are not exempt from Sales Taxes. –Locals must pay employment taxes on salaries, lost time or annual leave reimbursements paid to their officers or members. The members receiving these types of payments must report the income and pay taxes. –Locals must report all income to the Internal Revenue Service whether it is taxable or not. The exemption from tax does not extend to all types of Local income. Certain types of income are taxable and must be reported to the IRS on form 990T.

Council of Prison Locals – C33 When do I have to report to the IRS? Beginning with the year 2008 all Locals must file an "Annual Information Return" with the IRS. For Tax Year 2008 (to be filed in 2009 or 2010): - If gross receipts are less than $25,000 you should FILE a 990-N (e-postcard) - If gross receipts are greater than $25,000 but are less than $1,000,000 or your total assets are less than $2,500,000 you should file Form 990-EZ - If gross receipts are greater than $1,000,000 or your total assets are greater than $2,500,000 you are required to file Form 990

Council of Prison Locals – C Tax Year – (Filed in 2010 or 2011) Form to File If gross receipts are normally less than $25,000, the local should file the e-Postcard 990-N If gross receipts are less than $500,000 and total assets are less than $1.25 million, the local should file the 990-EZ If gross receipts are greater than $500,000, or total assets are greater than $1.25 million, the local should file a full 990

Council of Prison Locals – C Tax Year and later– (Filed in 2011 or later) Form to File If gross receipts are normally less than $50,000, the local should file the e-Postcard 990-N If gross receipts are less than $200,000 and total assets are less than $500,000, the local should file the 990-EZ If gross receipts are greater than $200,000, or total assets are greater than $500,000, the local should file a full 990

Council of Prison Locals – C33 When are the Form 990’s Due ? You must file the 990 e-postcard, the 990 or 990EZ form by the 15 th day of the 5 th month, after your Local’s Year End. For a calendar year you will report on 5/15. A Penalty of day up to $10,000 may be charged if the Form is filed late or an incomplete return is submitted. You can get an extension of 3 months by submitting an IRS “Extension to File Form” 8868

Council of Prison Locals – C33 What happens if you fail to file the e-Postcard, Form 990 or Form 990-EZ? An organization that fails to file the required e-Postcard (or information return) for three consecutive tax years will automatically lose its tax-exempt status. The revocation of an organization’s tax- exempt status will not take place until the filing due date of the third year. For example, if your first e-Postcard is due on May 15, 2008 (for tax year 2007) and you do not file in 2008, 2009, or by May 15, 2010, you will lose your tax-exempt status effective on May 15, 2010.

Council of Prison Locals – C33 Annual Exempt Organization Return: Penalties for Failure to File If an organization fails to file a required return by the due date (including any extensions of time), it must pay a penalty of $20 a day for each day the return is late. The same penalty applies if the organization does not give all the information required on the return or does not give the correct information. In general, the maximum penalty for any return is the lesser of $10,000 or 5 percent of the organization's gross receipts for the year. For an organization that has gross receipts of over $1 million for the year, the penalty is $100 a day up to a maximum of $50,000. If the organization is subject to this penalty, the IRS may specify a date by which the return of correct information must be filed. If the return is not filed by that date, an individual within the organization who fails to comply may be charged a penalty of $10 a day. The maximum penalty on all individuals for failures with respect to a return shall not exceed $5,000.

Council of Prison Locals – C33 Can penalties for filing Form 990 late be abated? Failure to timely file the information return, absent reasonable cause, can give rise to a penalty under section 6652 of the Code. Whether an organization qualifies for the reasonable cause exception to the penalty will be determined on a case-by-case basis taking into account all relevant facts and circumstances. The regulations provide that a request for abatement of penalties based on reasonable cause must be made in the form of a written statement, containing a declaration by the appropriate person that the statement is made under penalties of perjury, setting forth all the facts alleged as reasonable cause. This statement should be made as an attachment to the Form 990; please disregard the Schedule O instructions that ask for this statement to be included in Schedule O.

Council of Prison Locals – C33 Can penalties for filing Form 990 late be abated? (continued) When requesting abatement of penalties for reasonable cause, your statement should include supporting documentation and address the following items: The reason the penalty was charged. The daily delinquency penalty may be charged for either a late filed return, an incomplete return, or both. Explain what prevented the organization from complying with the law, including: what prevented the organization from requesting an extension of time to file its return, if the organization did not request such an extension; how the organization was not neglectful or careless, but exercised ordinary business care and prudence; and what steps have been taken to prevent the same situation from occurring in the future

Council of Prison Locals – C33 Where do I get the IRS Forms? You can get the forms from the IRS Web Site at : When on the Web Site enter the Form you are looking for in the “Search Box” at the top of the screen. Example 990 or 990EZ or 8868

Council of Prison Locals – C33 When is the Local an Employer and when must you pay Payroll Taxes? Remember the Local is an Employer when it makes payments to Officers, Stewards, Staff or others to perform duties or services for the Local: Salaries Payment for Lost Time (LWOP) Annual Leave Reimbursements Stipends

Council of Prison Locals – C33 IRS’s Description of an Employee Here are several factors tending to indicate that an individual is an employee under tax law (only one need exist) : The member’s compensation is measured by the hour, week, or month rather than by the job. The member is required to perform the services personally, without the ability to delegate the task to somebody else. There is a continuing working relationship between the member and the Local. The Local supplies materials or facilities used by the member in performing the services, such as an office, office supplies, a telephone, etc. The Local provides instructions or training to the member; and the member performs the services in question solely for the Local (and not for others).

Council of Prison Locals – C33 Labor Department Reporting The LMRDA requires Locals to file an “Annual Financial Report” with the U. S. Department of Labor. If your Local has Gross Receipts of: More than $250,000, you must file an LM-2 Report Less than $250,000 and more then $10,000 you must file an LM-3 Report Less than $10,000, you must file an LM-4 Report DC Government Locals are not required to file a LM Report with DOL

Council of Prison Locals – C33 When are the Labor Department Reports Due? The LM Forms are due 90 Days after the Local’s Year End –If you are on a Calendar Year this is 3/31 –If you are on a Fiscal Year, it is 90 days from the close of your Year End

Council of Prison Locals – C33 Where do I get Labor Department Forms ? The best place is the Labor Department Web Site at :

Council of Prison Locals – C33 Reporting to your Local Membership The Financial Officers have a responsibility to keep the Membership informed of: –All Income received by the Local (Dues and Other Income) –All Expenditures and Payments made on behalf of the Local –All Assets and Accounts held on behalf of the Local –The creating and reporting of Budget items allocated by the Local

Council of Prison Locals – C33 Other Areas for Consideration & Responsibilities Retention of Documents and Other Items Use of a Credit Card Completing the IRS 1099 requirements Making Loans to Members

Council of Prison Locals – C33 Retention of Documents and Other Important Items

Council of Prison Locals – C33 Recommended Retention of Documents and other Items General Local Files: By-laws and Amendments Permanent Correspondence Years Election Records Years beyond the term of office Local Memorandums of Understanding Permanent Minutes of Meetings Permanent (Membership & E-Board) Items that Document the Local’s History Permanent

Council of Prison Locals – C33 Recommended Retention of Documents and other Items Local Membership Records –Dues Deduction Forms (1187, 1188, etc.) Years –EEO Case Files Years –Grievance Case Files Years –(MSPB) Case Files Years –Workers’ Compensation Case Files Years Financial Records –Correspondence Years –IRS Forms Years –LM Forms Years –Financial Statements & Reports Permanent –Officer Bonds Permanent Many of these Retentions are mandated by the Department of Labor and IRS

Council of Prison Locals – C33 Use of Local Credit Cards

Council of Prison Locals – C33 How to avoid problems when using Credit Cards : Credit Cards should be in the name of the Individual Local Officer Monthly dollar amount limits should be placed on Credit Cards No ATM or Debit capability should be allowed Credit Cards are to be used for Local business only. No personal charges by an officer. A Credit Card Statement should not be considered authorization for payment—You must provide receipts, hotel statements, vouchers, etc. Use of a Credit Card should be defined in the Local’s Bylaws. Local Credit Cards

Council of Prison Locals – C33 Taxable & Non-Taxable Payments to Officers and Members

Council of Prison Locals – C33 Payments that are Not-Taxable Business Related Expenses –When: Expense is for union business Detail vouchers are provided showing: time, place, and business purpose Documentation is submitted in a timely manner Any unused funds are returned to the organization All 4 factors must be met or payment is Taxable

Council of Prison Locals – C33 Payments that are Not-Taxable Officer Allowances –When: Expense is for union business Expense vouchers are provided Documentation is submitted in a timely manner Any unused funds are returned to the organization All 4 factors must be met or payment is Taxable

Council of Prison Locals – C33 Payments that are Not-Taxable Reimbursed Travel Expenses –When: Expense is for union business Expense vouchers are provided showing: time, place, and business purpose Documentation is submitted in a timely manner Any unused funds are returned to the organization All 4 factors must be met or payment is Taxable

Council of Prison Locals – C33 IRS 1099 Reporting

Council of Prison Locals – C33 When are you Responsible for Completing a 1099 When non-payroll payments are made and exceed $599 annually for an individual or vendor What type of payments require a 1099: –Membership Recruitment payments made to a member or officer –Payments made for services performed by: Arbitrators, Accountants, Legal Services, Consultants Etc. –Items or Equipment purchased for the Officers or Members i.e. personal cell phones, laptops Etc.

Council of Prison Locals – C33 When Must I Complete the ’s must be given to the Individual or Vendor by January 31 st Copies of all 1099’s must be filed with the IRS by February 28 th along with an Annual Summary (Form 1096)

Council of Prison Locals – C33 What must I Include on the 1099 The Individual’s: –Name –Address –Social Security Number –Your Organizations Federal Tax ID (EIN #) –The total amount paid to the Individual or Vendor Box 1- Rent, Box 6- Medical & Health Care, Box 7-Nonemployee Compensation and Box 14-Attorney Fees Note: Payments made through payroll are reported on IRS Form W-2

Council of Prison Locals – C33 Your Organization’s: – Name –Address – Federal Tax ID (EIN #) –A count of the total number of 1099s issued (Box 3) –The total dollar amount reported for all 1099’s (from corresponding 1099 Boxes) –Contact Name and Phone # –Copies of all 1099s issued What must I Include on the 1096

Council of Prison Locals – C33 Making Loans to Members

Council of Prison Locals – C33 They must be Approved by the Membership The Executive Board CANNOT Approve Loans! A Loan cannot be more than $2000 per Individual. For any Loan, there should be a very clear Standard Criteria that the Local has adopted. Remember what the Local does for ONE member, you must do for ALL members. All outstanding advances in excess of $2000 are considered by DOL as a loan. AFGE does not recommend making Loans to Members. Recovery of defaulted loans are costly and difficult. If you choose to make a loan remember the following:

Council of Prison Locals – C33 Quick Books Pro Financial System The suggested approach for AFGE Locals and Councils is the AFGE Customized Accounting System through the use of Quick Books Pro

Council of Prison Locals – C33 AFGE’s Quick Books Pro Financial Officers Training Overview Establishing your Local’s Quick Books File Creating a Standardized Chart of Accounts Establishing your Checking Account Establishing your Petty Cash Account Establishing your Saving Account Allocating your Income & Expenses Producing Checks Making Fund Transfers

Council of Prison Locals – C33 AFGE’s Quick Books Pro Financial Officers Training Overview Reconciling your Bank Statements Creating Fixed Asset Accounts Creating Reports Treasurers Report Treasurers Detail Report LM and IRS Reporting

Council of Prison Locals – C33 AFGE’s Quick Books Pro Financial Officers Training Overview Establishing a Local Payroll Setting up your Employees Paying your Employees Paying Payroll Taxes Producing your Payroll Tax Forms Form 940 Form 941 W2’s Establishing a Local Credit Card Account

Council of Prison Locals – C33 AFGE’s Quick Books Pro Financial Officers Training Overview Satisfying your Regulatory Requirements IRS 990 Reporting Labor Department Reporting (LM 2, 3 & 4) Creating a Budget Protecting your Financial Records Allowing access to your records Backing up your financial records