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Gabrielle Simmons, Jared Woodford, Eileen Walsh Business Consulting: The Firefly

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Page 1: mcis.marietta.edumcis.marietta.edu/community/grs001/files/2016/07/Firef… · Web viewEvery year, according to the American Cancer Society, more than one million people in the United

Gabrielle Simmons, Jared Woodford, Eileen Walsh

Business Consulting:

The Firefly Project

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Disclaimer

This material is based on work supported by Marietta College. Any opinions, findings,

conclusions, or recommendations are those of the authors and do not reflect the views of

Marietta College, its employees, or its administration.

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Business Consulting: The Firefly Project

A Guide to Fundraising & Non-Profit Development

Gabrielle Simmons, Jared Woodford, Eileen Walsh

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Table of Contents:

Executive Summary

Organization Background & Problem Identification

The Role of Business Consultants & The Client/Consultant Relationship

Researching the Problem

Client Profile

The Firm Today

Competition & Cooperation

Task Analysis

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Executive Summary

Every year, according to the American Cancer Society, more than one million people in the

United States are diagnosed with some form of cancer every year. This diagnosis is life-

changing: doctor appointments and treatments start, family and friend relationships change, and

cancer becomes another thing that the person has to worry about and pay for. Firefly: A Spark of

Hope was created by two-time cancer survivor Ginger McConnell after she experienced

overwhelming support from friends and family. This organization was created in order to help

alleviate some of the stressors that come along with this diagnosis. Firefly works closely with

people in Wood, Washington, and surrounding counties in Ohio and West Virginia in order to

provide financial support for individuals who are battling cancer and need help with everyday

expenses. These expenses can include, but are not limited to: rent or mortgage payments, utility

bills, medical bills, prescription costs, medical equipment, travel expenses.

Through the Management 451: Business Consulting class, our group worked closely with

founder Ginger McConnell in order to figure out what the organization needed in order to

function more efficiently and to be more successful. Firefly is a young organization that has only

been around for about seven months. Ginger already had some things in mind: she wanted to

establish a fundraising event that could be repeated in years to come so that financial income for

the organization was more dependable. Furthermore, she identified a need with some logistics-

based organization structure: by-laws for her organization to follow and abide by, and

confidentiality forms for her board members and the clients to sign so that there is a better

understanding between Firefly and its clients. As a group, we also expressed a need for Firefly to

have a social media presence in order to reach a wider audience and for advertisement purposes.

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By-laws

Firefly, being a newer organization, was missing one of the main components that an

organization needs in order to function: by-laws. Using experience from our own organizations

on campus as well as templates from online sources, we were able to create Firefly’s entire by-

laws form from scratch. In it, we provided many things pertinent to the function of Firefly,

mainly processes for accepting and dismissing board members, requirements for being on the

board, processes associated with running meetings, selection of clients, and much more. This

particular document is extremely helpful for Firefly because we know it can last for many years

to come and can easily be changed as the organization evolves.

Instagram

A social media presence was lacking from Firefly. While they did have a fairly successful

Facebook page, we wanted something that could reach even further and to more groups of

people. Instagram, a photo-sharing app, is extremely popular, especially with younger

generations. It is typical for companies to use this photo sharing site in order to advertise and

raise awareness of their cause. We found it to be the perfect addition for Firefly. We were able to

create a page for Firefly that quickly gained followers – so quickly, in fact, that it was taken

down by Instagram (a security function of the site that gets rid of “robot” pages). However, after

many interactions with the Instagram team, we were able to get the page back up and running. It

currently has about 885 followers and can continue to be used on a regular basis.

Confidentiality Forms

One of Ginger’s concerns for the organization was its lack of confidentiality and information

release documents between the members of the board and the clients. Because the organization

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deals with medical patients, there are many regulations in place through the Health Insurance

Portability and Accountability Act (HIPAA) that insure a patient’s personal and health

information remains confidential. It is extremely important for Firefly to function around these

policies so as to evade any legal repercussions related to confidentiality. Confidentiality forms

were created for the members of the board to sign. These state that confidentiality is of

importance and that they should not share any information about the clients outside of the board

meetings (wherein they must discuss the patient in order to provide support). A Private

Information Release Form was created for the clients to sign. These state that the client allows

the members of the board to view personal information (such as their name and address, etc) so

that they can come to a decision and distribute financial support. Both of these include that legal

action can be taken in case of a breach in confidentiality. These forms will be able to be used in

the future as well.

Gala

Fundraising efforts are, obviously, one of the most important parts of the functioning of a

non-profit. Without it, there would be no money for support services, and therefore, no

organization. We set out to establish a fundraising event for the semester, and ideally an event

that could be repeated in the future so that it could be a more stable source of raising money.

Through partnering with Intervarsity, a group on campus, we planned and executed a Gala. The

Gala raised money through ticket sales, basket raffles, and donations at the event. Light

refreshments and entertainers were present, as well as speakers (including Ginger herself).

Through this fundraiser, we raised about $2000 for Firefly. Since it is paired with Intervarsity, it

can be repeated on campus in the future, and more money can be raised each year. With a little

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more advertisement and excitement, the Gala can be even bigger and more successful than it was

this year.

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Organization Background & Problem Identification:

Firefly: A Spark of Hope is the brain child of founder, Ginger McConnell. Ginger herself is a

two-time cancer survivor. She became inspired when her community held a fundraiser to help

her pay for her medical expenses. The entire fundraiser, Ginger was astounded by the support

she witnessed from her fellow community members. She wanted to ensure that all cancer

patients received the same amount of love and support that she did and that no fighter ever felt

hopeless or alone.

Ginger McConnell stated, “Hearing the words “You have cancer” changes your life forever.

Instantly, patients and caregivers are thrown into a world full of the unknown as they fight for

their lives. But even as this fight occurs, the outside world continues – bills need paid, groceries

need bought and cars still need gas. The stress of a cancer diagnosis added to the stress of an

already stretched budget can add so much on people who already have too much to worry

about.”

Firefly was created not only to help cancer patients pay for their household expenses, but also

to provide support to every patient the organization encounters. The most important thing the

organization provides is not money, but hope, hence the name “Firefly: A Spark of Hope”. When

Ginger McConnell originally discussed needing our assistance, she expressed that she wanted to

establish a fundraising event that could be repeated in years to come so that financial income for

the organization was more dependable. Furthermore, she identified a need for advancement

concerning some logistics-based organizational structure: by-laws for her organization to follow

and abide by, and confidentiality forms for her board members and the clients to sign so that

there is a better understanding between Firefly and its clients. As a group, we also expressed a

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need for Firefly to have a social media presence in order to reach a wider audience and for

advertisement purposes.

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The Role of Business Consultants & The Client/Consultant Relationship:

Think of an organization as a well-oiled machine. When all parts are moving, the machine

runs well; however, if one little nut or bolt is out of place, the machine may malfunction or stop

working altogether. Addleson & Berger (2008) makes this analogy and go on to describe where

business consultants fit into this metaphor. They describe consultants as the “fixers” (Addleson

& Berger, 2008). They come in holding a toolbox expecting to have to fix the entire machine,

when in reality, only a few small parts need repairing.

As a consultant, one must resist thinking of an entire organization as being broken, when only

a few select employees or tasks may be the issue. The old saying of “Don’t turn a mountain into

a molehill” is a key concept in the consulting world. It is important to not only think about how

well the organization is working as a whole, but to also analyze key aspects of the organizing

including how well the employees cooperate, how they deal with disagreements, and how they

implement conflict resolution (Addleson & Berger, 2008).

Anderson (2013) describes the client/ consultant relationship as being one-sided. Business

consultants often go into a meeting ready to give orders. They assume they know everything

about the company and how to fix the problems they are encountering, and the clients are often

intimidated. This can be due to the consultant’s attitude, their extensive background in successful

consulting, or because of their charismatic communication. However, it is important to

remember that a consultant may be more familiar with the business world, but the client is more

familiar with that particular business. Therefore, even the most successful of business plans will

not succeed if it does not take into consideration the employee’s preferences, prior history, and

the availability of resources such as cash and time.

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Anderson (2013) describes this scenario using the short tale “The Emperor’s New Clothes” by

Hans Christian Anderson. In this story, two weavers promise an emperor a suit made of the finest

fabric that will appear invisible to anyone is “unfit for their position or hopelessly stupid”.

Although the emperor does not see the suit, he did not want to seem unfit to rule, so he parades

around town pretending he is able to see the suit. The townspeople do not want to seem unfit or

stupid as well, so they do the same. Only a small child, unaware of social desirability blurts out,

“But he’s not wearing anything at all!” Like the small child, clients need to not be fearful of

looking “hopeless stupid or unfit for their position” when they disagree with the suggestions a

consultant gives them and the consultant needs to admit when they are metaphorically naked.

Fincham (2002) further described Anderson’s claim by saying, “The consultant–client

relationship is best regarded as part of an overarching managerial structure and a contingent

exchange that assumes a variety of forms.” Business consultants are great resources when a

company is wanting to gain expertise in their specific market, identify problems, and revive an

organization (Hom, 2013), but none of these tasks can be accomplished without establishing a

give-and-take relationship with the clients. Both parties will have knowledge the other party

needs; therefore, both the client and consultant should give input on a potential solution.

Forming the proper client/consultant relationship is also crucial when trying to make a profit.

Reeb (1993) found that many consultants believe they perform too much work; therefore, the

client ends up with a rather undesirable bill. Reeb (1993) goes on to write, “Either the client pays

and is upset, the client doesn't pay and the consultant is upset or a compromise is reached in

which both parties are mutually dissatisfied.” Consultants must ensure they are not performing

more work than they are being paid for, or the end result will leave all parties upset. When this is

done properly, small business consulting can be very profitable and worthwhile. Tierney (2006)

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also stressed the importance of business consultants in the non-profit sector as they lack the

funding to assist in recruiting and developing managers. While consultants are not cheap,

research has found that it may be the less expensive alternative in comparison to the costs of

training and recruiting (Tierney, 2006).

One important technique to ensure you are not completing too much work is to identify the

client you are working for (Schein, 1997). While this sounds like an obvious task, consultants

may find themselves working for several clients whose goals are in conflict with one another.

Schein (1997) identifies various types of clients: contact clients who originally ask the consultant

for help, intermediate clients who later get involved, primary clients who actually “own” the

problem, unwitting clients who are affected by the problem, indirect clients who are affected by

the problem but are relatively unknown to clients, and ultimate clients whose welfare must be

considered when determining a solution. All clients must be considered when determining a

solution.

Clark & Salaman (2006) even go as far as to say that consultants are used more for

impression management and motivation than for actual consulting work. Clients want a

consultant to convince them of the organization’s quality and value and this confidence is a large

part of what drives an organization to be successful.

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Researching the Problem:

Finding funding for non-profit organizations has always been a daunting task. Waters (1995)

conducted a survey which showed that only 13% of individuals expressed having a “great deal”

of confidence in non-profit organizations while 37% reported that they had “not too much” or no

confidence in the sector. Waters (1995) also found that more than 60% of participants felt non-

profits were a waste of money.

By dedicating more time to donor relations, donors feel more loyal to the organization.

Waters (1995) found that fundraising events make donors feel valued and appreciated. When

establishing a fundraiser, there are key elements to keep in mind. Transparency needs to be

established in order for donors to be maintained. Donors want to know where their money is

going, how, and why (Waters, 1995). Fundraisers work best when they include the four R’s:

reciprocity, responsibility, reporting, and relationship nurturing (Waters, 1995). Waters (1995)

the importance of Hon and Grunig’s organization-public relationship scale which states that how

much an individual trusts a non-profit, feels committed to a non-profit, feels satisfaction about

helping the non-profit, and how mutual the donor believes the relationship is between themselves

and the non-profit all contributes to their willingness to donate in the future.

High ratings on the OPR scale predicted past and future giving behavior 91% of the time

(Waters, 1995). Major gift donors (gave $5,000+) are more likely to have stronger feelings of

trust, satisfaction, commitment, and control mutuality with the organization than annual gift

donors do (Waters, 1995). After a fundraiser occurs, Waters (1995) also noted how important it

is to continue nurturing the donor/organization relationship by making sure donors receive copies

of newsletters and annual reports, are incited to special events and open houses and are sent

hand-written cards for special occasions.

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Additionally, raffle fundraising has shown to be a very effective method of obtaining

donations. This technique has shown to significantly increase funding compared to simply asking

for a donation (Duncan, 2002). Individuals attempting to win a basket are more likely to

financially contribute much more than the price of the actual basket (Duncan, 2002). Although

no research has specifically been completed to explain this phenomenon, it is possible that when

individuals are able to see others bidding on a basket, a subconscious feeling of competition

arises in them that makes them want the basket more than they originally did. Furthermore,

cognitive dissonance could play a role in this phenomenon. Cognitive dissonance is the theory

that if an individual experiences two things that are inconsistent with one another, they will try to

correct them to make them more consistent (Festinger, 1962). Therefore, when an individual

believes they are a charitable person, but they also know they only bid one dollar on a basket that

has a value of $75 and several other people have bid much more, they may bid again to make the

two ideas align with each other.

Social media has also shown to be a very beneficial element to add to a non-profit sector.

Chandler (2013) explains that although experiencing the benefits of having your company

engage in social media may take time, it is worth the wait. Social media can increase brand

recognition and cultivate a sense of community (Chandler, 2013). Moreover, using social media

provides the kind of repeated exposure needed to increase customers/ donors. Chandler (2013)

found that it takes six to eight exposures before a customer wants to buy a product or a donor

wishes to donate to an organization. Other advantages include gaining authority in the business

field, having more influence on individuals as the company’s following grows, having the

opportunity to create website trafficking (sharing posts that eventually lead back to the

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organization’s main site), and staying ahead on the technology curve compared to the

competition.

These days, all non-profits have competition as the effects of donor fatigue are becoming

increasingly prevalent. Boyd (2016) found that donors become desensitized to pleas for funding

as they have heard the same “ask” repeatedly. Donors can eventually become overwhelmed by

the number of non-profit organizations seeking support and refuse to donate altogether (Boyd,

2016).

O’Keffee & Pearson (2011) would probably agree with Boyd’s findings based off their

research on social media. They found that, “22% of teenagers log on to their favorite social

media site more than 10 times a day, and more than half of adolescents log on to a social media

site more than once a day.” Perhaps by incorporating social media into an organization, more

young people will feel called to action by a non-profit organization’s mission.

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Appendix A: Bylaws

BYLAWS

ARTICLE I

1.01 Name

The name of this non-profit corporation shall be Firefly. The business will be addressed/conducted as Firefly or Firefly- A Spark of Hope.

ARTICLE II

2.01 Purpose

Firefly was created to give cancer patients and their families some relief from the financial worries that they are facing. Firefly provides financial support for individuals who are battling cancer and need help with household expenses. These expenses can include, but are not limited to: rent or mortgage payments, utility bills, medical bills, prescription costs, medical equipment, travel expenses. The mission of Firefly is to provide hope to cancer patients in Wood, Washington, and surrounding counties by easing their financial burden. Firefly is a non-profit organization and will be operated according to the 501 (c)(3) Internal Revenue Code as a charitable establishment.

Our programs include establishing relationships with local organization to provide services and support to local cancer patients, serving patients financially up to $500 per month per person, holding fundraisers in order to increase financial relief services, and providing emotional support for cancer patients/survivors in the area regardless of their race, ethnicity, or religion.

Volunteers and internships may be provided to individuals per the discretion of the board of directors. Volunteers will help with the aforementioned purposes as well as completing other tasks, such as but not limited to, maintaining a social media presence and researching background information on local businesses for a possible partnership.

2.02 Powers

The organization will possess the power to complete any lawful acts necessary in accordance with the 501 (c)(3) guidelines that will allow the organization to complete their charitable purposes. These tasks may be completed by the organization alone or in conjunction with a partnering organization. Per board of directors’ and founder’s approval, the organization may assist/partner with any other organization they unanimously deem fit. With the board’s and founder’s unanimous approval, actions can be completed including, but not limited to, accepting contributions from public and private sectors, financial or otherwise. The limit of $500 per month may be exceeded if a contribution comes in from a donor who desires for the money to be designated to a specific person and if the board approves of the action.

2.03 Nonprofit Status and Exempt Activities Limitation

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(a) Nonprofit Legal Status. Firefly is an Ohio/West Virginia non-profit public benefit corporation having been accepted as a tax-exempt organization under Section 501 (c)(3) of the United States Internal Revenue Code.

(b) Exempt Activities Limitation. Not withstanding any other provision of these Bylaws, no director, officer, employee, member, or representative of this organization shall take any action or carry on any activity by or on behalf of the organization not permitted to be taken or carried on by an organization exempt under the Section 501 (c)(3) of the Internal Revenue Code as it now exists or may be amended, or by any organization contributions to which are deductible under Section 170 (c)(2) of such Code and Regulations as it now exists or may be amended. No part of the net earnings of the corporation shall inure to benefit the distributable to any director, officer, member, or other private person, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in the Bylaws.

(c) Distribution Upon Dissolution. Upon termination or dissolution of Firefly, any assets lawfully available for distribution shall be distributed to one (1) or more qualifying organizations described in Section 501 (c)(3) of the Internal Revenue Code (or described in any corresponding provision of any successor statute) which organization or organizations have a charitable purpose which, at least generally, includes a purpose similar to the terminating or dissolving corporation.

The organization to receive the assets of Firefly hereunder shall be selected in the discretion of a majority of the managing body of the corporation, and it its members cannot agree, then the recipient organization shall be selected pursuant to a verified petition in equity filed in a court of proper jurisdiction against Firefly by one (1) or more of its managing body which verified petition shall contain such statements as to reasonably indicate the applicability of this section. The court upon a finding that this section is applicable shall select the qualifying organization or organizations to receive the assets to be distributed, giving preference if practicable to organizations located within the State of Ohio and West Virginia.

In the event that the court shall find that this section is applicable but that there is no qualifying organization known to it which has a charitable purpose, which, at least generally, included a purpose similar to Firefly, then the court shall direct the distribution of its assets lawfully available for distribution to the Treasurer of the State of Ohio to be distributed to the general fund.

ARTICLE III

MEMBERSHIP

3.01 No Membership Classes

This corporation shall have no members who have any right to vote or title or interest in or to the corporation, its properties and franchises.

3.02 Non-Voting Affiliates

The board of directors may approve classes of non-voting affiliates with rights, privileges, and obligations established by the board. Affiliates may be individuals, businesses and other organizations that seek to support the mission of the corporation. The board, a designated committee of the board, or

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any duly elected officer in accordance with board policy, shall have authority to admit any individual or organization as an affiliate, to recognize representatives of affiliates, and to make determinations as to affiliates’ rights, privileges, and obligations. At no time shall affiliate information be shared with or sold to other organizations or groups without the affiliate’s consent. At the discretion of the board of directors, affiliates may be given endorsement, recognition, and media coverage in fundraising activities, clinics, other events, or at the corporation website. Affiliates have no voting rights and are not members of the corporation.

3.03 Dues

Any dues for affiliates shall be determined by the board of directors.

ATICLE IV

BOARD OF DIRECTORS

ARTICLE V

COMMITTEES

ARTICLE VI

OFFICERS

ATICLE VII

CONTRACTS, CHECKS, LOANS, AND RELATED MATTERS

7.01 Contracts and Other Writings

Except as otherwise provided by resolution of the board or board policy, all contracts, deeds, leases, mortgages, grants, and other agreements of the corporation shall be executed on its behalf by the treasurer or other persons to whom the corporation has delegated authority to execute such documents in accordance with policies approved by the board.

7.02 Checks, Drafts

All checks, drafts, or other orders for payment of money, notes, or other evidence of indebtedness issued in the name of the corporation, shall be signed by such officer or officers, agent or agents, of the corporation and in such manner as shall from time to time be determined by resolution of the board.

7.03 Deposits

All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks. trust companies, or other depository as the board or a designated committee of the board may select.

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7.04 Loans

No loans shall be contracted on behalf of the corporation and no evidence of indebtedness shall be issued in its name unless authorized by resolution of the board. Such authority may be general or confined to specific instances.

ARTICLE VIII

MICELLANEOUS

8.01 Books and Records

The corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of all meetings of its board of directors, a record of all actions taken by board of directors without a meeting, and a record of all actions taken by committees of the board. In addition, the corporation shall keep a copy of the corporations Bylaws as amended to date.

8.02 Fiscal Year

The fiscal year of the corporation shall be from January 1st to December 31st of each year.

8.03 Conflict of Interest

The board shall adopt and periodically review a conflict of interest policy to protect the corporation’s interest when it is contemplating any transaction or arrangement which may benefit any director, officer, employee, affiliate, or member of a committee with board-delegated powers.

8.04 Nondiscrimination Policy

The officers, directors, committee members, employees, and persons served by this corporation shall be selected entirely on a nondiscriminatory basis with respect to age, sex, race, religion, national origin, and sexual orientation. It is the policy of Firefly not to discriminate on the basis of race, creed, ancestry, marital status, gender, sexual orientation, age, physical disability, veteran’s status, political service or affiliation, color, religion, or national origin.

8.05 Bylaw Amendment

These Bylaws may be amended, altered, repealed, or restated by a vote of the majority of the board of directors then in office at a meeting of the board, provided, however,

(a) that no amendment shall be made into these Bylaws which would cause the corporation to cease to qualify as an exempt corporation under Section 501 (c)(3) of the Internal Revenue Code, or the corresponding section of any Federal tax code; and,

(b) that an amendment does not affect the voting rights of directors. An amendment that does affect the voting rights of directors further requires ratification by two-thirds vote of a quorum of directors at a board meeting

ARTICLE IX

DOCUMENT RETENTION POLICY

9.01 Purpose

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The purpose of this document retention policy is establishing standards for document integrity, retention, and destruction and to promote the proper treatment of Firefly records.

9.02 Policy

Section 1. General Guidelines. Records should not be kept if they are no longer needed for the operation of the business or required by law. Unnecessary records should be eliminated from the files. The cost of maintaining records is an expense which can grow unreasonably if good housekeeping is not performed. A mass of records also makes it more difficult to find pertinent records.

From time to time, Firefly may establish retention or destruction policies or schedules for specific categories of records in order to ensure legal compliance, and also to accomplish other objectives, such as preserving intellectual property and cost management. Several categories of documents that warrant special consideration are identified below. While minimum retention periods are established, the retention of the documents identified below and of documents not included in the identified categories should be determined primarily by the application of the general guidelines affecting document retention, as well as the exception for litigation relevant documents and any other pertinent factors.

Section 2. Exception for Litigation Relevant Documents. Firefly expects all officers, directors, and employees to comply fully with any published records retention, or destruction policies and schedules, provided that all officers, directors, and employees should note the following general exception to any stated destruction schedule: If you believe, or Firefly informs you, that corporate records are relevant to litigation, or potential litigation, then you must preserve those records until it is determined that the records are no longer needed. That exception supersedes any previously or subsequently established destruction schedule for those records.

Section 3. Minimum Retention Periods for Specific Categories.

(a) Corporate Documents. Corporate records include the corporation’s Bylaws and IRS Form 1023 and Application for Exemption. Corporate records should be retained permanently. IRS regulations require that the Form 1023 be available for public inspection upon request.

(b) Tax Records. Tax records include, but may not be limited to, documents concerning payroll, expenses, proof of contributions made by donors, accounting procedures, and other documents concerning the corporation’s revenues. Tax records should be retained for at least seven years from the date of filing the applicable return.

(c) Employment Records/Personnel Records. State and federal statutes require the corporation to keep certain recruitment, employment and personnel information. The corporation should also keep personnel files that reflect performance reviews and any complaints brought against the corporation or individual employees under applicable state and federal statutes. The corporation should also keep in the employee’s personnel file all final memoranda and correspondence reflecting performance reviews and actions taken by or against personnel. Employment applications should be retained for three years. Retirement and pension records should be kept permanently. Other employment and personnel records should be retained for seven years.

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(d) Board and Board Committee Materials. Meeting minutes should be retained in perpetuity in the corporation’s minute book. A clean copy of all other Board and Board Committee materials should be kept for no less than three years by the corporation.

(e) Press Releases/Public Filings. The corporation should retain permanent copies of all press releases and publicly filed documents under the theory that the corporation should have its own copy to test the accuracy of any document a member of the public can theoretically produce against the corporation.

(f) Legal Files. Legal counsel should be consulted to determine the retention period of particular documents, but legal documents should generally be maintained for a period of ten years.

(g) Marketing and Sales Documents. The corporation should keep final copies of marketing and sales documents for the same period of time it keeps other corporate files, generally three years. An exception to the three-year policy may be sales invoices, contracts, leases, licenses, and other legal documentation. These documents should be kept for at least three years beyond the life of the agreement.

(h) Development/Intellectual Property and Trade Secrets. Development documents are often subject to intellectual property protection in their final form (e.g., patents and copyrights). The documents detailing the development process are often also of value to the corporation and are protected as a trade secret where the corporation:

(i) derives independent economic value from the secrecy of the information; and

(ii) has taken affirmative steps to keep the information confidential.

The corporation should keep all documents designated as containing trade secret information for at least the life of the trade secret.

(i) Contracts. Final, execution copies of all contracts entered into by the corporation should be retained. The corporation should retain copies of the final contracts for at least three years beyond the life of the agreement, and longer in the case of publicly filed contracts.

(j) Correspondence. Unless correspondence falls under another category listed elsewhere in this policy, correspondence should generally be saved for two years.

(k) Banking and Accounting. Accounts payable ledgers and schedules should be kept for seven years. Bank reconciliations, bank statements, deposit slips and checks (unless for important payments and purchases) should be kept for three years. Any inventories of products, materials, and supplies and any invoices should be kept for seven years.

(l) Insurance. Expired insurance policies, insurance records, accident reports, claims, etc. should be kept permanently.

(m) Audit Records. External audit reports should be kept permanently. Internal audit reports should be kept for three years.

Section 4. Electronic Mail.

E-mail that needs to be saved should be either:

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(i) printed in hard copy and kept in the appropriate file; or

(ii) downloaded to a computer file and kept electronically or on disk as a separate file. The retention period depends upon the subject matter of the e-mail, as covered elsewhere in this policy.

ARTICLE X

Transparency and Accountability

Disclosure of Financial Information with The General Public

10.01 Purpose

By making full and accurate information about its mission, activities, finances, and governance publicly available, Firefly practices and encourages transparency and accountability to the general public. This policy will:

(a) indicate which documents and materials produced by the corporation are presumptively open to staff and/or the public

(b) indicate which documents and materials produced by the corporation are presumptively closed to staff and/or the public

(c) specify the procedures whereby the open/closed status of documents and materials can be altered.

The details of this policy are as follow:

10.02 Financial and IRS documents (The form 1023 and the form 990)

Firefly shall provide its Internal Revenue forms 990, 990-T, 1023 and 5227, bylaws, conflict of interest policy, and financial statements to the general public for inspection free of charge.

10.03 Means and Conditions of Disclosure

Firefly shall make “Widely Available” the aforementioned documents on its internet website: http://fireflyhope.org/ to be viewed and inspected by the general public.

(a) The documents shall be posted in a format that allows an individual using the Internet to access, download, view and print them in a manner that exactly reproduces the image of the original document filed with the IRS (except information exempt from public disclosure requirements, such as contributor lists).

(b) The website shall clearly inform readers that the document is available and provide instructions for downloading it.

(c) Firefly shall not charge a fee for downloading the information. Documents shall not be posted in a format that would require special computer hardware or software (other than software readily available to the public free of charge).

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(d) Firefly shall inform anyone requesting the information where this information can be found, including the web address. This information must be provided immediately for in-person requests and within 7 days for mailed requests.

10.04 IRS Annual Information Returns (Form 990)

Firefly shall submit the Form 990 to its board of directors prior to the filing of the Form 990. While neither the approval of the Form 990 or a review of the 990 is required under Federal law, the corporation’s Form 990 shall be submitted to each member of the board of director’s via (hard copy or email) at least 10 days before the Form 990 is filed with the IRS.

10.05 Board

(a) All board deliberations shall be open to the public except where the board passes a motion to make any specific portion confidential.

(b) All board minutes shall be open to the public once accepted by the board, except where the board passes a motion to make any specific portion confidential.

(c) All papers and materials considered by the board shall be open to the public following the meeting at which they are considered, except where the board passes a motion to make any specific paper or material confidential.

10.06 Staff Records

(a) All staff records shall be available for consultation by the staff member concerned or by their legal representatives.

(b) No staff records shall be made available to any person outside the corporation except the authorized governmental agencies.

(c) Within the corporation, staff records shall be made available only to those persons with managerial or personnel responsibilities for that staff member, except that

(d) Staff records shall be made available to the board when requested.

10.07 Donor Records

(a) All donor records shall be available for consultation by the members and donors concerned or by their legal representatives.

(b) No donor records shall be made available to any other person outside the corporation except the authorized governmental agencies.

(c) Within the corporation, donor records shall be made available only to those persons with managerial or personnel responsibilities for dealing with those donors, except that;

(d) donor records shall be made available to the board when requested.

ARTICLE XI

CODES OF ETHICS AND WHISTLEBLOWER POLICY

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11.01 Purpose

Firefly requires and encourages directors, officers and employees to observe and practice high standards of business and personal ethics in the conduct of their duties and responsibilities. The employees and representatives of the corporation must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. It is the intent of Firefly to adhere to all laws and regulations that apply to the corporation and the underlying purpose of this policy is to support the corporation’s goal of legal compliance. The support of all corporate staff is necessary to achieving compliance with various laws and regulations.

11.02 Reporting Violations

If any director, officer, staff or employee reasonably believes that some policy, practice, or activity of Firefly is in violation of law, a written complaint must be filed by that person with the vice president or the board president.

11.03 Acting in Good Faith

Anyone filing a complaint concerning a violation or suspected violation of the Code must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation of the Code. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false shall be viewed as a serious disciplinary offense.

11.04 Retaliation

Said person is protected from retaliation only if she/he brings the alleged unlawful activity, policy, or practice to the attention Firefly and provides Firefly with a reasonable opportunity to investigate and correct the alleged unlawful activity. The protection described below is only available to individuals that comply with this requirement.

Firefly shall not retaliate against any director, officer, staff or employee who in good faith, has made a protest or raised a complaint against some practice of Firefly or of another individual or entity with whom Firefly has a business relationship, on the basis of a reasonable belief that the practice is in violation of law, or a clear mandate of public policy.

Firefly shall not retaliate against any director, officer, staff or employee who disclose or threaten to disclose to a supervisor or a public body, any activity, policy, or practice of Firefly that the individual reasonably believes is in violation of a law, or a rule, or regulation mandated pursuant to law or is in violation of a clear mandate of public policy concerning the health, safety, welfare, or protection of the environment.

11.05 Confidentiality

Violations or suspected violations may be submitted on a confidential basis by the complainant or may be submitted anonymously. Reports of violations or suspected violations shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

11.06 Handling of Reported Violations

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The board president or vice president shall notify the sender and acknowledge receipt of the reported violation or suspected violation within five business days. All reports shall be promptly investigated by the board and its appointed committee and appropriate corrective action shall be taken if warranted by the investigation.

This policy shall be made available to all directors, officers, staffs or employees and they shall have the opportunity to ask questions about the policy.

ARTICLE XII

AMENDMENT OF BYLAWS

12.01 Amendment

Any amendment to the Bylaws may be adopted by approval of two-thirds (2/3) of the board of directors.

CERTIFICATE OF ADOPTION OF BYLAWS

I do hereby certify that the above stated Bylaws of Firefly were approved by Firefly’s board of directors and constitute a complete copy of the Bylaws of the corporation.

Founder: __________________________

Date: ________________________

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Appendix B: Confidentiality Form for Volunteers

Pledge of ConfidentialityThis is to certify that I, ______________________ (print), an employee, student, consultant, volunteer or Board member of Firefly, understand that any information (written, verbal, or other form) obtained during the performance of my duties must remain confidential. This includes all information about members, clients, families, employees and other associate organizations, as well as any other information otherwise marked or known to be confidential.

I understand that any unauthorized release or carelessness in the handling of this confidential information is considered a breach of the duty to maintain confidentiality.

I further understand that any breach of the duty to maintain confidentiality could be grounds for immediate dismissal and/or possible liability in any legal action arising from such breach.

____________________________________

Signature

____________________________________

Date

____________________________________

Signature of Witness (current Board Member)

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Appendix C: Confidentiality Form for Clients

Confidential Information Release FormThe protection of health and other confidential information is a right protected by law and enforced by healthcare policy. Safeguarding confidential information is a fundamental obligation for all Board Members, employees, clinical faculty, students, and volunteers.

This is to certify that I, ______________________ (print), a potential or current client or recipient of care through Firefly, hereby grant that any information (written, verbal, or other form) that is necessary for the performance of their duties (such as name, address, and other material as needed) be legally accessible by the members of the Board.

I understand that any unauthorized release or carelessness in the handling of this confidential information is considered a breach of the duty to maintain confidentiality.

I further understand that this information is to be used solely for the members of the Board to use in order to complete their duties through the organization.

____________________________________

Signature

____________________________________

Date

____________________________________

Signature of Witness (current Board Member

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Appendix D: Advertising for the Gala

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Appendix E: Contact Information for Local Businesses

Ritchie County Businesses

1. Barker’s Restaurant in Smithville, WV: 30447733312. Crossroads Café in Pennsboro, WV: 30465927773. Freed’s Diner in Cairo, WV: 30462840904. North Bend State Park in Cairo, WV: 30464329315. P&H Family Restaurant in Pennsboro, WV: 30465932416. Peking Restaurant in Harrisville, WV: 30464322237. Pizza House in Harrisville, WV: 3046432675 8. The Medicine Cabinet in Cairo, WV: 30462842009. Daves Plumbing & Heating in Ellenboro, WV: 304869346810. Jay-B Oil & Gas Inc in Ellenboro, WV: 304869381111. Hall Drilling in Ellenboro, WV: 304869330912. Cokeley & Associates PLLC in Harrisville, WV: 304643230013. Scott Windom in Harrisville, WV: 304643444014. Shop-N-Save in Harrisville, WV: 304643223015. Log Cabin Grille in Ellenboro, WV: 304869399916. Shemps Café in Cairo, WV

Wood County Businesses

1. Accedia Moving & Storage LLC in Parkersburg, WV: 30442222872. The Parkersburg News and Sentinel: 30448518913. A1 Heating and Cooling in Parkersburg, WV: 30436266244. Sir Speedy Printing & Marketing Services: 30448505445. Robert K Tebay III LC in Parkersburg: 30442231106. Wincore Windows in Parkersburg: 30442215897. Honest Fred’s Flooring in Parkersburg, WV: 30469952528. Bill Merriman Attorneys at Law in Parkersburg: 30442280559. Winans Sanitary Supply Co. Inc in Parkersburg: 304485400010. Stanley Steemer Carpet Cleaner in Parkersburg: 304428001011. Bailey General Contracting in Parkersburg: 304485200212. Simonton Windows in Parkersburg: 304428826113. Mullins Construction in Parkersburg: 304428035114. Dominion Hope Gas Company in Parkersburg15. Alley Healthcare Inc in Parkersburg: 304865699116. Starcher & FRUM Pllc: Frum G. Bradley Attorney: 304428080217. Richard Starkey Attorney in Parkersburg: 304485809118. Mister Bee Potato Chips: 304428613319. Lowe’s Home Improvement: 304489437020. New Way Carpet Cleaning: 304295723821. Jan Dils Attorneys at Law: 3044288900

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22. Obermeyer’s Florist, Inc: 304422652123. Taylor’s Trash Removal: 304422380324. Sams Club: 304295028025. Family Christian: 304428790126. Jimmy John’s: 304422406027. Tractor Supply Co.: 304489102828. Rural King: 304428060829. Firehouse Subs: 304893978230. Regis Salons: 3044289120

Wirt County Businesses

1. Things Remembered Gift Shop (304) 485- 07112. Wirt Hardware (304) 275- 42913. Parkersburg News and Sentinel (304) 485-18914. Nationwide Insurance (304) 519-59595. Dodson Pest Control (304) 485-59316. Stanley Steemer Carpet Cleaner (304) 428-00107. Ashley Furniture Homestore (304) 893-95908. Astorg & Koreski PLLC Accounting (304) 422-66609. William B Summers Law (304) 420- 0975

Jackson County Businesses

1. David K Moore Law (304) 372-36662. Jackson Co. Insurance (304) 273-05003. Jackson Newspapers (304) 372-42224. Remco Sales and Services (304) 342-01835. Mountaineer Gas Corp. (304) 834- 20706. William B Summers Law (304) 420-09757. Stealey Law PLLC (304) 485- 31278. US Foods (304) 562- 02009. Erie Insurance Group (304) 861-049710. Edible Arrangements (304) 746-444411. DOW Chemical (304) 747-700012. Warner Law (304) 344-446013. ABC Supply Co Window Supplier (304) 722-3301

Tyler County Businesses

1. Dean Rohrig Fredrick M Attorney (304) 758-21142. EQT Gas Company (304) 873-1060

Washington County Businesses

1. The Marietta Times (304) 373-21212. The Boys & Girls Club (740) 373-4123

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3. WMOA/ WJAW (740) 373-14904. Signality Signs & Graphics (740) 371-51005. Results Radio (304) 485-45656. WTAP TV (304) 375- 63937. The Adelphia Music Hall (740) 374-82788. Hyde Brothers Printing & Marketing (740) 373-20549. Paradynamix LLC Tech (866) 280- 223710. Portraits by Carrie (304) 481-401211. Dimit Accounting (304) 615- 341912. Artex Oil Company (740) 373- 331313. Wark Accounting (740) 373- 800914. Southeastern Ohio Oil & Gas Association (740) 374-320315. Shoney’s Restaurant (740) 374- 683416. People’s Bank (740) 373- 679317. Biehl- Hawn Insurance Agency (740) 373-777818. Huntington Bank (740) 373-288619. Flanders Brothers Insurance (740) 373- 515020. Schultheis Insurance Agency (740) 373-435121. All Pro Nutrition (740) 373- 699122. River City Dental Group (740) 373- 182623. Mother Earth Foods (304) 428- 102424. Frye Dental Group (740) 374- 012325. Bridgeport Equipment and Tool (740) 373- 668626. Pioneer Pipe, Inc (740) 376- 240027. Schafer Auto Center (740) 376- 991128. Lafayette Hotel (740) 373- 552229. Marietta Family YMCA (740) 373- 225030. Betsey Mills Club (740) 373- 498131. Roberts Funeral Home (740) 373- 292432. Sunflower Nails Spa (740) 376- 066733. Faces by Design (740) 373- 977034. Natural Remedies Spa (304) 295- 975035. Duke Energy (740) 984- 310036. Schafer Leather Store; owner is an MC graduate (740) 373- 510137. Putnam Chocolates (740) 373- 999938. James Addison Law (740) 373- 668839. Bricker & Eckler Law (740) 374- 224840. TheisenBrock Law (740) 373- 545541. Daniel Fouss Law (740) 373- 757242. Fields, Dehmlow, & Vessels Law (740) 374- 534643. Tom Webster Law (740) 423- 954844. Jennifer Garrison Law (740) 373-241445. Curtis B Nichols Law (740) 374-9000

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46. Stonebridge Oilfield Services (740) 373- 613447. Whit’s Frozen Custard (614) 218- 728148. Whirl Frozen Yogurt (740) 336- 787449. Rossi Pasta (740) 373- 515550. Jeremiah’s Coffee House (740) 374- 263951. Marietta Country Club (740) 373- 797852. The Galley (740) 374-827853. Qdoba Mexican Grill (740) 336- 783554. Austyn’s Restaurant (740) 374- 818855. Tampico’s (740) 374- 862356. daVinci’s (304) 375- 363357. Cone-n-Shake (740) 374-844458. Stoked Coffee (740) 568- 995559. Bar B Cutie (740) 373- 146060. Smitty’s Pizza (740) 374- 2280

Monroe County Businesses1. Pat’s Gift shoppe and café 740-472-17212. Green valley coop (animal feed) 740-472-16393. Monroe chamber of commerce 740-472-54994. Subway 740-472-11075. (another) Subway 304-455-4368

Noble Count Businesses1. Noble chamber of commerce 740-732-77152. Archer’s Flowers and gifts 740-732-40343. Pine tree towing, recovery and repair 740-732-23024. D&K heating and cooling 740-732-51575. Saling Custom Processing (meat wholesaler) 740-732-46676. R C Moore Lumber Co 740-732-49507. Morton Buildings, Inc. 740-783-2331

Pleasants County Businesses1. St. Mary’s Oracle 304-684-2424

Athens County Businesses1. Athens Area Chamber of Commerce (740) 594-2251 2. Herlihy Moving & Storage (740) 698-0033 3. Fluff Bakery & Catering (740) 249-4286 4. Jack Neal Floral (740) 592-5823 5. Sunpower Inc (740) 594-2221 6. Athens Messenger (740) 592-6612 7. Minuteman Press (740) 593-7393 8. Athens County EMS (740) 797-9560 9. Jackie O's Pub and Brewery (740) 592-9686 10. Career Connections (740) 594-4941 11. Prokos Rentals (740) 594-2026 12. Passion Works Studio (740) 592-3673 13. AA Athens Self Storage (740) 593-7774

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14. Kantner Design (740) 590-6420

15. Athens Lawn & Gardening (740) 592-6205 16. Jacobs Construction (740) 662-9991 17. Carter Lumber (740) 594-4269

Meigs County Businesses1. Meigs County Chamber-Commerce (740) 992-5005 2. Pomeroy Daily Sentinel (740) 992-2155 3. Banks Construction Company (740) 992-5009 4. Quality Window Systems (740) 992-4119 5. Meigs County Economic Development Office (740) 992-3034 6. Meigs County Transfer Station (740) 992-9504 7. Smith & Associates Accounting (740) 992-5995 8. PDK Construction (740) 992-6451 9. Seasons Gifts & Home (740) 444-5900 10. River Front Meat Market & Deli (740) 992-6764 11. Mark's Plumbing & Heating Inc (740) 378-6571 12. Story Steven L Atty At Law (740) 444-4725 13. Little, Sheets & Barr, LLP (740) 992-6689 14. Carpenter Inn & Conference Center (740) 698-2450 15. Meigs Inflatables (740) 742-2427

Morgan County Businesses1. Contraxx Furniture (740) 962-6772 2. Orkin (844) 514-3980 3. Christie Christie & Wells (740) 962-2262 4. Apperson Plumbing & Heating (740) 962-4828 5. Ginny's Flower Shoppe (740) 962-3631 6. Marketeers (740) 962-6300 7. E R Graphics (740) 962-6899 8. Jo-Ad Specialty Market (740) 962-4928