 |
 |
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 > > > > >>> > > > > >> > > > > >> > > > > > > > > > >