SDRGC 501(c)(4) Questions, Answers, and Issues

April 9, 2008

Background

The SDRGC is considering a proposal,

presented at the January meeting, to

become a non-profit 501(c)(4)

organization.

What is a 501(c)(4) Organization?

It is a non-profit organization that is

operated exclusively for the promotion of

social welfare and is primarily engaged in

promoting in some way the common good

and general welfare of the community.

Background

Reasons to Incorporate Providing a conduit for obtaining external

funding for regional projects

Pursuing partnerships for spatial projects

Realizing economies of scale through joint purchase projects

Development of sharing based standards

Promoting the goals of the California GIS Council

Board Actions

The Board met to discuss in February, and quickly discovered that this is a complex issue

The Board sent email questionnaire to SDRGC members asking three basic questions about how they can participate within their agency’s guidelines

15 Organizations Responded 14 Public Agencies 1 Private Company

Question 1

If the SDRGC becomes a non-profit, will you be able to represent your agency as a voting member?

This includes participating in regional grants and/or creating, acquiring, or adopting regional datasets and data models.

Question 1 Responses

Answers: 7 responded “yes”

5 responded “yes” with caveats or concerns

3 could not provide response at this time Need more info; waiting for Legal/Finance dept. opinion

Issues/Questions: GIS staff can vote as member of SDRGC, but not as a City

representative

Cannot commit to anything that only the City Council has authority to do

Concern that GIS staff will make decisions they do not have authority to

Will this trigger the Brown Act?

Question 2

Would your agency be able to deposit funds to a non-profit organization as payment for contracted services such as acquiring imagery?

Question 2 Responses Answers:

8 responded “yes” or “yes” as long as agency’s purchasing guidelines are followed

3 agencies waiting for Legal/Finance dept. opinion, but confident the process will be approved

1 has concern with regional contract process in general 1 responded “No” 2 responded “Not at this time due to budget constraints”

Issues/Concerns: Must follow agency purchasing guidelines Concerned with regional contract, more comfortable if City used

own contract for each data acquisition project What are the potential administrative costs and how will they be

shared amongst participants Suggestion that all admin expenses be authorized by Board as

part of annual budget appropriation

Question 3

Would your agency be able to pay an annual $25-30 membership dues to cover administrative costs such as filing fees and insurance?

Question 3 Responses

10 responded “yes”

5 need opinion from Legal/Finance or other authority

Path to Incorporation

File Articles of Incorporation with the State

Draft Bylaws of the Corporation

Pay money

Bylaws

Bylaws set out the rules and regulations of the corporation General Provisions

Purpose

Membership

Meetings

Board of Directors

Officers of the Corporation

General Provisions

Name San Diego Regional GIS Council

Location Location necessary so State can contact us Chairperson of the Board’s address Must be changed when the Chairperson changes

Website The designated avenue for the corporation to

disseminate information to members outside of meetings

Purpose

Identifies goals and the intended make-up of the membership Facilitate cooperation among public agencies

Promote development, acquisition and dissemination of standards-based spatial data, techniques and infrastructure

GIS professionals and users from government agencies, educational institutions, non-profits, and for-profit organizations

Purpose

Objectives Improving operations, facilitating new analyses and

joint decision making amongst public agencies Providing a forum for information sharing and

collaboration between participants Realizing economies of scale through joint purchase

projects Obtaining external funding to advance the mission of

the corporation Pursuing partnerships for projects in the region Promoting the goals of CalGIS

Purpose

Assets From earlier, collection of dues is being

considered

Explicitly stated that all assets of the corporation are dedicated to the public benefit BoD, Officers and members shall not engage in

any activity for pecuniary gain

– No money for us

Membership

Two classes of members Voting members

Right to vote Election of directors Proposals brought forth by the board Dissolution of corporation

Participate in meeting discussions

Serve on committees

Interested Parties Participate in meeting discussions

Serve on committees

Membership

Voting members Local governments, state and federal

agencies with local offices, and higher education institutions

One vote per agency Designated representative

Participates and votes on behalf of the member

Dues paying

Membership

Interested Parties Any individual, unincorporated association, or

corporation interested in the mission of the corporation

Interested Parties do not have voting rights

Non dues paying

Membership

Termination of membership The board may terminate membership of voting

members and interested parties Resignation of member

Failure to participate in corporation activities (voting members only)

Failure to attend general or special member’s meetings

Engaging in conduct materially and seriously prejudicial to the corporation’s purposes and interests

Termination Hearing