We'll keep the REAL Access Producers in Medford apprised of the next date of the Cable TV Committee
A Special Guest invited by the Committee is set to speak
http://www.medfordma.org/community-access-tv-committee/
______________________________
ARE NON-PROFITS WHO RECEIVE PUBLIC FINDS REQUIRED TO OBEY PUBLIC RECORDS REQUESTS?
FLORIDA SEEMS TO THINK YES!
a. Private entities created pursuant to law or by public agencies
The fact that a private entity is incorporated as a nonprofit corporation is not dispositive as to its status under the Public Records Act, but rather the issue is whether the entity is "acting on behalf of" a public agency. The Attorney General's Office has issued numerous opinions advising that if a private entity is created by law or by a public agency, it is subject to Ch. 119 disclosure requirements. The following are some examples of such entities: Pace Property Finance Authority, Inc., created as a Florida nonprofit corporation by Santa Rosa County to provide assistance in the funding and administration of certain governmental programs, AGO 94-34; South Florida Fair and Palm Beach County Expositions, Inc., created pursuant to Ch. 616, F.S., AGO 95-17; rural health networks established as nonprofit legal entities to plan and deliver health care services on a cooperative basis pursuant to s. 381.0406, F.S., Inf. Op. to Ellis, March 4, 1994.
In addition, Art. I, s. 24(a), Fla. Const., establishes a constitutional right of access to "any public record made or received in connection with the official business of any public body, officer, or employee of the state, or persons acting on their behalf, except with respect to those records exempted pursuant to this section or specifically made confidential by this Constitution." This constitutional right of access includes the legislative, executive, and judicial branches of government; counties, municipalities, and districts; and each constitutional officer, board, and commission, or entity created pursuant to law or by the Constitution.
1. Advisory boards
The definition of "agency" for purposes of Ch. 119, F.S., is not limited to governmental entities. A "public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency" is also subject to the requirements of the Public Records Act. See also Art. I, s. 24(a), Fla. Const., providing that the constitutional right of access to public records extends to "any public body, officer, or employee of the state, or persons acting on their behalf . . . ." (e.s.)
Thus, the Attorney General's Office has concluded that the records of an employee advisory committee, established pursuant to special law to make recommendations to a public hospital authority, are subject to Ch. 119, F.S., and Art. I, s. 24(a), Fla. Const. AGO 96-32. And see Inf. Op. to Nicoletti, November 18, 1987, stating that the Loxahatchee Council of Governments, Inc., formed by eleven public agencies to study and make recommendations on local governmental issues was an "agency" for purposes of Ch. 119, F.S.
IN OTHER NEWS:
rogue's gallery
1)Ex-Conn. town official pleads guilty to larceny
NEW HAVEN — The former finance director of a small Connecticut town pleaded guilty Friday to larceny charges stemming from the theft of more than $2 million, a prosecutor said.
Henry Centrella Jr. entered the plea to five counts of first-degree larceny in Litchfield Superior Court, said Litchfield State’s Attorney David Shepack. Centrella stole about $2.1 million over several years from the town of Winchester, Shepack said.
A message left for Centrella’s lawyer was not immediately returned.
______________________________________________________
2)MUGSHOT FOR THE AGES ON THIS SITE:
2)MUGSHOT FOR THE AGES ON THIS SITE:
KNOX — The treasurer of Helderberg Valley Football was charged with grand larceny, a fourth-degree felony, on Dec. 4, accused of embezzling $1,400 from the not-for-profit organization, according to police.
Susan Sprung, 42, was called by investigators from the Albany County Sheriff’s Office on Dec. 3 after other members of the group noticed problems with its bank account, police said.
SHE SHOULD MOVE TO MEDFORD.
1400 BUCKS WOULD GET HER LESS
OF A FINE THAN JAYWALKING!!!
_________________________________
3)EXCEDRIN HEADACHE #4 FOR FRANKIE NOT-SO-FABULOUS
" If the IRS fines us we'll just add it to our list of liabilities and the dissolution court will instruct us how much to pay to the IRS. However much that is (say for argument's sake it is $10,000), when we pay it, that means $10,000 less to turn over to the City which means they have $10,000 less to put into creating a new public access station. And if the IRS fine is more money than is left in the corporation, the dissolution court COULD order us to sell off enough of our equipment to raise the funds to pay the fine."
Arthur Alan Deluca,
liar and elder basher who used TV3 monies to drag an old man into court
____________________________________
4)
GRAFTON, Mass.—An application for criminal complaint was filed against a Grafton woman for allegedly committing larceny by taking $9,600 from Kai’s Village, a local charitable organization offering support for families with children suffering from a serious illness or disability.
It’s our money; we’d like to know how every dime is spent. Anything less should result in the police, the attorney general and the district attorney putting a focus on each and every member of the Board of Directors of TV3.
3)EXCEDRIN HEADACHE #4 FOR FRANKIE NOT-SO-FABULOUS
" If the IRS fines us we'll just add it to our list of liabilities and the dissolution court will instruct us how much to pay to the IRS. However much that is (say for argument's sake it is $10,000), when we pay it, that means $10,000 less to turn over to the City which means they have $10,000 less to put into creating a new public access station. And if the IRS fine is more money than is left in the corporation, the dissolution court COULD order us to sell off enough of our equipment to raise the funds to pay the fine."
Arthur Alan Deluca,
liar and elder basher who used TV3 monies to drag an old man into court
____________________________________
4)
Grafton woman charged in larceny of Kai’s Village funds
GRAFTON, Mass.—An application for criminal complaint was filed against a Grafton woman for allegedly committing larceny by taking $9,600 from Kai’s Village, a local charitable organization offering support for families with children suffering from a serious illness or disability.
According to court documents filed by Grafton Police in Westborough District Court, Andrea Merrill, 33, of Grafton has been charged with larceny over $250 by a single scheme. The documents list Kerri L. Rezendes, who founded Kai’s Village in memory of her 2-year-old son, as the victim.
http://thegraftonvillager.com/grafton-woman-charged-in-larceny-of-kais-village-funds/
A sum of $9,670.59 has since been returned to the organization’s account. Merrill made this statement in an email through her attorney: “Recently, in connection with my role with Kai’s Village, I was made aware of certain bookkeeping discrepancies. The errors were completely unintentional and, as soon as the matter was brought to my attention, I took immediate steps to rectify the situation entirely and to make Kai’s Village whole. Since that time, I have worked cooperatively with all persons and agencies involved to set matters straight. It is unfortunate that the matter has proceeded to court, but I have a great deal of respect for the system and I am hopeful that the process will fully and finally resolve this matter appropriately.”
Kai’s Village posted the discovery of the loss May 23 on Facebook.
Merrill, along with Rezendes and two other women, was one of the founders of Kai’s Village, which has filed with the IRS as a 501(c) (3) charity. They started it after the death of Rezendes’s son, Kai, who succumbed to a brain tumor in November, 2012. Since, they have provided care packages and prepared meals to families with a child suffering from a serious illness or disability.
A sum of $9,670.59 has since been returned to the organization’s account. Merrill made this statement in an email through her attorney: “Recently, in connection with my role with Kai’s Village, I was made aware of certain bookkeeping discrepancies. The errors were completely unintentional and, as soon as the matter was brought to my attention, I took immediate steps to rectify the situation entirely and to make Kai’s Village whole. Since that time, I have worked cooperatively with all persons and agencies involved to set matters straight. It is unfortunate that the matter has proceeded to court, but I have a great deal of respect for the system and I am hopeful that the process will fully and finally resolve this matter appropriately.”
Charity cofounder given probation in larceny case
THAT'S CHUMP CHANGE TO THE MONEY MANAGERS!
____________________________________________________________________
5)AND SPEAKING OF 'MONEY MANAGERS"
The letter goes on to
say that the management, which includes two individuals who claim to be “money
managers” and offer advice to Medford viewers, cited “numerous references to
accounting standards and accounting practices which we are not familiar with
and which we do not understand.”
Frankly, the Comcast subscribers who fund the enterprise don’t quite understand how individuals we never hired — who admit they don’t know how to count — are able to play with millions of dollars and not be held accountable to the people who fund the station.
Frankly, the Comcast subscribers who fund the enterprise don’t quite understand how individuals we never hired — who admit they don’t know how to count — are able to play with millions of dollars and not be held accountable to the people who fund the station.
It’s our money; we’d like to know how every dime is spent. Anything less should result in the police, the attorney general and the district attorney putting a focus on each and every member of the Board of Directors of TV3.
____________________________________________________
- Start a Nonprofit
- Nonprofit Legal Handbook
- Fundraising Resources
- Communications Resources
- Financial Management Resources
- Management and HR Resources
- Leadership and Governance Resources
- Public Policy and Advocacy Resources
- Templates and Samples
