FWIW, this has been a discussion topic since the very first Code4Lib
Conference, where I hosted a discussion on "The Future of Code4Lib"[1] and
the main topic of conversation was whether to incorporate as a non-profit.
And I doubt it will be going away anytime soon, as I think getting a
consensus to create a formal organization with by-laws and elected officers
is unlikely to get traction. My personal preference is to go ahead as we
have been, or -- at most -- find a group willing to act on our behalf in
fiscal matters. This way, at least, we will have a perennial topic of
conversation that has nothing to do with code in libraries. ;-)
Roy


[1]
https://wiki.library.oregonstate.edu/confluence/display/code4lib/Breakout+Session+Ideas


On Mon, Apr 14, 2014 at 8:18 AM, Edward M. Corrado <[log in to unmask]>wrote:

> I think discussing which type of non-profit to be (501(c)3 vs. 501(c)6 vs.
> ___ is putting the cart before the horse. There are advantages and
> disadvantages to both and depending what the goals are one may be better
> than the other or they both may be unnecessary. There also needs to be
> discussion on where to incorporate (that is done, in the USA, at a state
> level). As someone who is currently on the board of a 501(c)6 and and past
> president and co-founder of a 501(c)3, I can tell you that there are lots
> of forms, accounting, legal, and other requirements. If the reason for
> doing it is to make a little profit off of t-shirts and coffee mugs, it
> isn't worth it. You'll lose more in bank fees. If it is to be a fiscal
> agent for the whole Code4Lib Conference (and thus take in and expend all of
> the money involved with the conference it may be, but it will also
> complicate things, like will you need insurance?) there needs to be boards,
> treasurers, elections, etc.
>
> I am not saying I'm against it. I advocated for it years ago when it was
> less popular [1]. However, I think the purposes and goals need to be
> decided first before worry about what tax status the organization would fit
> into and if incorporated is even worth it. I'd also highly recommend
> looking into partnering with some other organization such as DLF or Lyrasis
> to do this [2]. Changing the state the treasurer, president/chair, and
> other officers are located in is a big headache (how big depends on the
> constitution, bylaws, banks, and the state incorporated in).
>
> Edward
>
> [1] http://code4lib.org/conference/2008/corrado
> [2] I only mention these because they came up, but it should be noted even
> DLF isn't going it alone. They are a program of CLIR. I'm sure there are
> also many others that could be good choices.
>
>
> On Sun, Apr 13, 2014 at 10:05 PM, Andreas Orphanides <[log in to unmask]
> >wrote:
>
> > Historically, there's resistance to forming anything like an organization
> > around Code4Lib proper. A great point of pride in the community is our
> > generally anarcho-communist approach to self-organization and
> > self-determination -- Code4Lib is manifestly not an organization, and yet
> > [X], for many values of X that are challenging for even "proper"
> > organizations to pull off. There's definitely concern that forming an
> > organization and bylaws and the like would make it harder for Code4Lib to
> > do its thing as Code4Lib, up to and including potentially fundamentally
> > disrupting what Code4Lib is at its core.
> >
> > On the other hand, there would be a definite value -- and there is a
> > demonstrated need -- for some kind of ongoing structure to support the
> > community's regular activities, help manage budget handoffs between
> > conferences, and the like. I think the notion of a "Friends of Code4Lib"
> > has the potential of solving the financial trust/financial continuity
> issue
> > without putting the community itself at risk of being burdened by too
> much
> > structure.
> >
> > That being said, I think even the idea of Friends of Code4lib,
> organization
> > once removed, is probably worthy of serious discussion among the
> community
> > so we can understand how it's going to fit in with the bigger Code4Lib
> > organism.
> >
> > -dre.
> >
> >
> > On Sun, Apr 13, 2014 at 9:51 PM, Riley Childs <[log in to unmask]
> > >wrote:
> >
> > > I think someone should put together bylaws and then we should vote on
> > > them, if they are passed we should then vote on a board (I really don't
> > > know w/w/w on this) after that we should incorporate as code4lib LLC
> and
> > > apply for status as a 501(c)6 (members don't have to pay) or a more
> > > welcoming option would be a 501(c)3 which would give us access to tax
> > > deductible donations (yay!). just my $2 (which I will gladly give if
> this
> > > becomes an entity ;)
> > >
> > > Riley Childs
> > > Student
> > > Asst. Head of IT Services
> > > Charlotte United Christian Academy
> > > (704) 497-2086
> > > RileyChilds.net
> > > Sent from my Windows Phone, please excuse mistakes
> > > ________________________________
> > > From: Simon Spero<mailto:[log in to unmask]>
> > > Sent: 4/13/2014 3:33 PM
> > > To: [log in to unmask]<mailto:[log in to unmask]>
> > > Subject: Re: [CODE4LIB] Friends of code4lib (was Re: [CODE4LIB] Call
> for
> > > Old Conf Tshirt Logos)
> > >
> > > 501(c)(3) would be  preferable ; the only part of congress that C4L has
> > to
> > > deal with is the Library of same, and I don't think edsu does much
> > > legislating.
> > >
> > > A good application should be doable in a few months. Fees for
> > incorporation
> > > and IRS charges could be raised by selling off anarchivist's glasses as
> > the
> > > next google glass.  ["how did he know that? he must be connected to the
> > > net."]
> > >
> > >
> > >
> >
> http://www.irs.gov/Charities-&-Non-Profits/Top-Ten-Reasons-for-Delays-in-Processing-Exempt-Organization-Applications
> > >
> > >
> > >
> > > On Sun, Apr 13, 2014 at 1:19 PM, Esmé Cowles <[log in to unmask]
> > > >wrote:
> > >
> > > > It seems like the main things a 501(c)(6) can do that a 501(c)(3)
> can't
> > > is
> > > > engage in advertising, lobbying, supporting candidates for office,
> etc.
> > > >  Other that that, it can engage in the same activities as a
> 501(c)(3).
> > > >
> > > > IMHO, a "Friends of code4lib" non-profit organization would fall
> > squarely
> > > > under the the advancement of education category (i.e. to support
> > > > educational activities such as the conference, mailing list, website,
> > IRC
> > > > channel, etc.).  So a 501(c)(3) seems like a better fit to me.
> > > >
> > > > -Esme
> > > >
> > > > On 04/13/2014, at 12:57 PM, Simon Spero <[log in to unmask]> wrote:
> > > >
> > > > > [Note that 501 (c)(6) only applies to membership organizations]
> > > > >
> > > > >
> > > > > On Sun, Apr 13, 2014 at 12:55 PM, Simon Spero <[log in to unmask]
> >
> > > > wrote:
> > > > >
> > > > >> Whilst it might be possible that code4lib might qualify under IRC
> > > > >> 501(c)(3) it is also possible  that code4lib might be a
> professional
> > > > >> organization under IRC 501(c)(6) .
> > > > >>
> > > > >> 6.  An organization formed to stimulate the development and
> > > > >>> free interchange of information pertaining to systems and
> > programming
> > > > >>> of electronic data processing equipment may qualify for exempt
> > status
> > > > under
> > > > >>> IRC 501(c)(6). The membership of the particular organization at
> > issue
> > > > >>> is composed of members who represent diversified businesses that
> > own,
> > > > >>> rent, or lease digital computers produced by various
> manufacturers.
> > > The
> > > > >>> organization holds semi-annual conferences to discuss operational
> > > > >>> and technical problems. The activities of this organization
> > provide a
> > > > >>> forum for the exchange of information that will improve the
> > > efficiency
> > > > of
> > > > >>> the use
> > > > >>> of such computers, both by members and other interested users,
> and
> > > > >>> thus improve the overall efficiency of the business operations of
> > > each.
> > > > >>> Rev. Rul. 74-147, 1974-1 C.B. 136. Distinguished in Rev. Rul.
> > 83-164,
> > > > >>> 1983-2
> > > > >>> C.B. 95, discussed under The "Line of Business" Requirement, page
> > 22.
> > > > >>
> > > > >>
> > > > >>         http://www.irs.gov/pub/irs-tege/eotopick03.pdf  , page
> K-8
> > > > >>
> > > > >> See e.g. the ALA - a 501(c)(3) organization, vs. ALA-APA
> 501(c)(6).
> > > > >>
> > > > >>
> > > http://ala-apa.org/about-ala-apa/governing-documents/501c6-tax-status/
> > > > >>
> > > > >> [IANAL. IANALL.]
> > > > >>
> > > > >>
> > > > >> On Fri, Apr 11, 2014 at 2:51 PM, Heller, Margaret <
> [log in to unmask]
> > > > >wrote:
> > > > >>
> > > > >>> Here is a good place to start:
> > > > >>>
> > http://www.irs.gov/Charities-&-Non-Profits/Charitable-Organizations.
> > > I
> > > > >>> don't think a Friends of Code4Lib would qualify as a 501(C)(4) or
> > the
> > > > other
> > > > >>> types of exempt organization, but possibly.
> > > > >>>
> > > > >>> That said, we will run into all the problems that have stymied
> > these
> > > > >>> types of discussions in the past that are not legal problems but
> > > > >>> philosophical problems. It's not hard to fill out the 501(C)(3)
> > > > >>> application, but figuring out what to put in the boxes when you
> > don't
> > > > have
> > > > >>> a legal entity is difficult. So someone would have to incorporate
> > the
> > > > >>> Friends organization. I am sure most of us work at places with
> > > Friends
> > > > of
> > > > >>> the library and could see their bylaws to get some ideas.
> > > > >>>
> > > > >>> Margaret Heller
> > > > >>> Digital Services Librarian
> > > > >>> Loyola University Chicago
> > > > >>> 773-508-2686
> > > > >>>
> > > > >>> -----Original Message-----
> > > > >>> From: Code for Libraries [mailto:[log in to unmask]] On
> > Behalf
> > > > Of
> > > > >>> Lisa Rabey
> > > > >>> Sent: Friday, April 11, 2014 9:39 AM
> > > > >>> To: [log in to unmask]
> > > > >>> Subject: Re: [CODE4LIB] Call for Old Conf Tshirt Logos
> > > > >>>
> > > > >>> On Fri, Apr 11, 2014 at 8:30 AM, Francis Kayiwa <
> > [log in to unmask]
> > > >
> > > > >>> wrote:
> > > > >>>>
> > > > >>>> +1
> > > > >>>>
> > > > >>>> Go for it Lisa!
> > > > >>>>
> > > > >>>> ./fxk
> > > > >>>
> > > > >>>
> > > > >>> I can start digging into the hows/whys sometime in early May and
> > > report
> > > > >>> back. If anyone has anything of interest (past C4L list convos,
> > > > >>> recommendations, etc), pass them along!
> > > > >>>
> > > > >>>
> > > > >>> --
> > > > >>>
> > > > >>> Lisa M. Rabey | @pnkrcklibrarian
> > > > >>>
> > > > >>>
> > > >
> > >
> >
> ------------------------------------------------------------------------------------
> > > > >>> http://exitpursuedbyabear.net | http://lisa.rabey.net
> > > > >>>
> > > > >>
> > > > >>
> > > >
> > >
> >
>