National
NOM president’s 80-hour workweek?
IRS forms raise questions, reveal Brown’s $253,000 salary
NOM President Brian Brown (Washington Blade file photo by Michael Key)
In its recently released IRS 990 reports for 2011, the National Organization for Marriage says its president Brian Brown received a salary and benefits package totaling $253,917 and works an average of 80 hours a week as the head of NOM and its affiliated charitable arm, the NOM Education Fund.
D.C. attorney Marcus Owens, a nationally recognized expert on 990 reporting requirements who formerly headed the IRS division overseeing tax-exempt organizations, told the Blade that claims of an 80-hour work week could raise a red flag for the IRS and possibly prompt the tax agency to conduct an audit of NOM.
“Nobody works 80 hours a week on something like this,” Owens said.
But NOM communications director Thomas Peters said in a statement released to the Blade that Brown often puts in more than 80 hours in a week.
“Since no CEO punches a time clock, the intent of the completed forms is to show that Mr. Brown works tirelessly for both NOM’s c4 (through which he is paid) and the c3,” he said.
“In fact there are many weeks he works in excess of 80 hours for NOM while others are certainly less than 80 hours,” Peters said. “Only during the rare vacation does he work less than 40 hours in a week.”
Since its founding in 2008, NOM has emerged as the leading organization opposing legalization of marriage for same-sex couples. It has raised millions of dollars for state ballot measures seeking to ban same-sex marriage.
Peters was referring to the IRS tax code that classifies tax-exempt charitable organizations as a 501 (c)(3) organization, which allows contributors to write off their donations as a tax deduction; and a tax-exempt political organization, like NOM, Inc., which is listed as a 501 (c)(4) group, whose contributors cannot write off their donations.
Owens said groups like NOM that have overlapping staffs for their c3 and c4 entities and where the two entities share the same office are required to keep careful records that separate their expenses and income and ensure that the c3 group doesn’t subsidize the c4 group.
Since the c3 group receives donations that are tax deductible it usually has an easier task of raising money than the c4 group, Owens said. He said the c4 group is allowed to subsidize the c3 group but not vice versa.
“What I advise organizations when they have that sort of dual structure is to make it clear on the 990 that they do track expenses for each organization because otherwise you’re setting yourself up for speculation and a possible IRS audit just to see what’s going on,” he said. “There should be a cost sharing arrangement between the two organizations and employees ought to be keeping time sheets to show which hat they’re wearing when they do something.”
The 990 forms filed by NOM for 2011 show both of its entities are located in the same suite of offices on K Street, N.W.
Owens confirmed that NOM spokesperson Peters was correct when he told the Blade in an earlier statement that gay rights advocate and NOM critic Fred Karger issued a press release on Jan. 30 that incorrectly claimed that Brown’s salary and benefits exceeded $500,000. Owens noted that Karger apparently misread NOM’s 2011 990 form for its c3 NOM Education Fund.
All 990 forms have two columns for reporting salary and compensation – one for the organization for which the 990 applies and another column for income and compensation from “related organizations.” NOM’s 990 report for the c3 Education Fund group includes an entry of $230,000 in compensation and $23,917 in “other” compensation, such as benefits, in the column designated for “related organizations,” which, in this case, means salary and benefits from NOM, Inc., the c4 entity.
“It can get pretty hard to understand,” said Owens, who noted that understanding the 990 forms is difficult for the untrained eye.
“Fred Karger has made another embarrassing mistake, which is typical of someone whose stock and trade is the reckless charge,” Peters said in the earlier statement.
Karger, who filed an ethics complaint against NOM before the Maine election regulatory agency in 2009 that led to a finding of a campaign reporting violation, said it was NOM that has been reckless in “concealing” its finances.
“They stonewall as much as they can until they’re forced to release information,” he said.
Peters said NOM believes its 990 reports for 2011 are in proper order.
“If the IRS has any questions about this, we will be happy to discuss it with them,” he said. “If they inquire we will certainly take the opportunity to ask them about the status of the criminal investigation into NOM’s stolen income tax return, which appears to have come from the IRS and given to our opponents.”
He was referring to a NOM IRS filing that was leaked to the Human Rights Campaign, the national LGBT advocacy group that released the leaked information that caused embarrassment for NOM.
Federal Government
US Census Bureau testing survey on LGBTQ households
Agency proposing questions about sexual orientation and gender identity
The U.S. Census Bureau is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.
The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.
As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.
The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.
The test would follow the protocols of the actual ACS — with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.
The current Federal Register notice gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30 online.
The White House
Judy Shepard to receive Presidential Medal of Freedom
Nancy Pelosi is also among this year’s honorees
Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.
The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.
The organization runs education, outreach, and advocacy programs, many focused on schools.
In a statement shared via the Human Rights Campaign, Shepard said, “This unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.
“I am grateful to everyone whose love and support for our work through the years has sustained me.
“If I had the power to change one thing, I can only dream of the example that Matt’s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”
Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.
Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with the Black Tie Dinner Elizabeth Birch Equality Award.
“Judy Shepard has been a champion for equality and President Biden’s choice to honor her with the Presidential Medal of Freedom is a testament to what she’s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.
“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said.
“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”
Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).
National
United Methodist Church removes 40-year ban on gay clergy
Delegates also voted for other LGBTQ-inclusive measures
The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to “promote acceptance of homosexuality.”
Overturning the policy forbidding the church from ordaining “self-avowed practicing homosexuals” effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.
The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.
According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.
The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality — about which international factions are likelier to have more conservative views.
Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:
“It is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.
“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.”
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