Winter Center 

( W.C. Housing and W.C.R.J.)

Monetary-Gift Acceptance Policies  

A.        Purpose of this Document

        1.  A written gift acceptance policy ensures that the best interests of both the donor and The Winter Center for Restorative Justice are served.  It is the goal of this policy to encourage funding without encumbering The Winter Center with gifts that may prove to generate more cost than benefit.  Such a policy also provides guidelines for professional staff and volunteers and assures The Winter Center has consistent guidance with regard to gift acceptance.

B.        Philosophy of Giving/Fundraising

        1.  The Winter Center for Restorative Justice welcomes the gifts of individuals, corporations, and foundations to strengthen it’s outreach programs and client services in Kansas and the surrounding states.

Ethical Standards

A.        Donor Rights

        1.  The Administration of funds entrusted to The Winter Center is a great responsibility and should be entered into with the understanding that the interests of the donor are primary to the objectives of the Agency.

B.        Confidentiality

        1.   The Winter Center for Restorative Justice recognizes that it is in a position of trust with the donor concerning confidentiality.  All information concerning donors, including their names, the names of their beneficiaries, the amount of gifts, size of estate, etc., will be kept strictly confidential unless permission is obtained from the donor.

        2.  Gifts are personally and publicly recognized, but all requests from donors for anonymity will be honored. 

C.        Conflicts of Interest

        1.  All personnel employed by Winter Center for Restorative Justice to administer or solicit donations will be paid a salary or hourly wage, and will not receive commission that might give such personnel an undesired personal interest in any agreement.

        2.  The Winter Center for Restorative Justice’s personnel will not engage in activities that conflict with their fiduciary, ethical, or legal obligations to the Agency or to the donors with whom they interact.

Program Administration

A.        Implementation/Amendments

        1.  These guidelines will become effective immediately and will be reviewed annually and amended as necessary.

         2.  The Resource and Planning Committee will be responsible for review and suggesting amendments. (in all cases, the Vice President may delegate to other senior level development staff).

        3.  The Resource and Planning Committee will propose procedures to amend these guidelines as needed, subject to approval by the board of directors.

B.        Authorization for Negotiations

        1.  Authorization to negotiate planned gift agreements with prospective donors is given to the Board President, Board Vice President, Director of Development & Stewardship, and Senior Development Associate.

        2.  The Board President and Resource and Planning Committee will have the authority to sign planned gift agreements on behalf of The Winter Center.

C.        Exceptions to Guidelines

        1.  The decision as to which agreements do not fall within the scope of these guidelines will be the responsibility of the President and the Executive Board.  All proposals for new agreements with the following characteristics will require prior approval:

            *  Agreements being funded by anything other than cash or listed securities

            *  Assets requiring special management

            *  Agreements having a term of more than two lives or 20 years

            *  Agreements proposing to establish co-trusteeship arrangements

D.        Types of Gifts

        1.  The Winter Center for Restorative Justice accepts the following types of donations:  cash (including checks and credit card transactions), gifts of securities (both publicly traded and closely held), real estate, personal property, intangible (intellectual) property, life insurance, gifts of retirement funds, bequests, charitable gift annuities, remainder trusts (annuity trusts or unitrusts),  lead trusts, or remainder interest in a home or farm.

        2.  In this document, the term “planned gift” includes any gift that involves a legal contract or other special considerations and knowledge.

E.         Use of Legal Counsel

        1.  The policy of  The Winter Center for Restorative Justice will be to have all its planned gift agreements reviewed by legal counsel.

        2.  Although the Agency provides gift planning assistance and information to donors, they will be urged to seek their own counsel in matters pertaining to their planned gifts, taxes, and estate planning.

        3.  The Winter Center for Restorative Justice is not engaged in the practice of law, and therefore will not draft any legal instruments such as wills and trusts.  The Agency will not pay legal fees that pertain to the drafting of legal gift documents.  However, it may provide sample agreements and/or suggested wording to donors and their advisors for final approval by a donor’s attorney.

F.         Trusteeship and Trust Management

        1.  It is not the practice of The Winter Center for Restorative Justice to act as trustee for a charitable trust.  Donors should be encouraged to arrange trusteeship with a commercial, charitable, or individual fiduciary. 

G.        Publications and Solicitation Materials

        1.  High quality printed materials are an essential element of any fundraising effort.  These materials include, but are not limited to, individual letters, newsletters, brochures, and booklets.

        2.  The Resource and Planning Committee and the publications committee will approve all materials produced in quantity (e.g. annual fund mailings, planned giving brochures, etc.)

H.        Pledges

        1.  The Winter Center for Restorative Justice welcomes donation pledges.

        2.  All pledge documents will contain donor and organization information, total amount of pledge, pledge payment amounts, dates of payment and purpose of pledge monies.

I.          Named Gift Opportunities (refer to Benefactor Naming Policy)

        1.  All gifts to The Winter Center for Restorative Justice are recognized each year.  However, major gifts often merit additional recognition by naming a facility, program, or building in honor of the donor.

        2.  In general, when a gift substantially covers the cost of a program or facility, the Agency will consider naming the program or facility in honor of the donor.  The Resource and Planning Committee will make a recommendation to the President and the Chair of the Development Committee.

        3.  A minimum gift of $25,000, to the Agency’s endowment, is required to establish a program endowment fund.

J.         Disclaimer for “Non-Acceptance” of Gifts

        1.  The Winter Center for Restorative Justice maintains high standards of integrity.  The Agency will not accept any donation that might compromise its core values or pursuit of its mission, or that might generate more cost than benefit to the Agency.

K.        Donor Records

        1.  The Winter Center for Restorative Justice maintains a database of biographical and gift/pledge information about donors.  The information in this database is exclusively for the purposes related to the Agency’s programs.

        2.  The development department does release contact information to volunteers, acting on behalf of the Agency, on a case-by-case basis.  Final approval for release of information rests with the Director Development and Stewardship.

        3.  A request from a donor not to release their contact information will always be honored.

        4.  Volunteers who directly assist the Agency in its fundraising efforts are given confidential information pertinent to their efforts and are required to sign a confidentiality statement.  Information packets include the following statement:

“All information contained in this packet is the property of The Winter Center for Restorative Justice.  This information is intended for the sole use of the Agency.  No one shall reproduce, use, distribute, disclose or otherwise disseminate the confidential information contained herein.”

L.         Major Gifts

         1.  A major gift is considered any approved gift of cash (including checks and credit card transactions), gifts of securities (both publicly traded and closely held), real estate, personal property, intangible (intellectual) property, life insurance, gifts of retirement funds, bequests, charitable gift annuities, remainder trusts (annuity trusts or unitrusts), lead trusts, or remainder interest in a home or farm whose value or appraised value is $10,000 or more.  All gifts are subject to approval by the Executive Board.

Gift Administration – Guidelines and Procedures 

A.        Securities

        1.  The Winter Center for Restorative Justice accepts gifts of publicly traded and closely held securities.

        2.  Issues of unrelated business income tax, adverse impact on the donor’s tax deduction, due diligence, marketability, and third party interests must be addressed when considering the acceptability of a gift.

        3.  The donor shall be advised that it is the policy of The Winter Center to sell gifted securities immediately.

        4.  The Winter Center does not provide a gift value associated with publicly traded securities.  A receipt will be provided to the donor and shall state the number of shares transferred and the official name of the shares received on the transfer date.  The official date of the gift depends on the means of transfer:

            *  If by mail, it is the postmark date.

            *  If by overnight carrier, it is the date of receipt by the Agency.

            *  If by electronic transfer, it is the date security is received into the Agency’s bank/brokerage account.

            * If by re-registering the security into the Agency’s name, it is on the new certificates.

        5.  Care must be taking in timing of delivery, mailing, and transferring securities to protect tax advantages that a donor may gain by making a gift of securities to The Winter Center for Restorative Justice.  The Winter Center shall retain all postmarked envelopes for shares delivered through the mail.             

        6.  Authorization to accept securities which are not readily marketable or subject to a cash merger or tender offer shall come from the Resource and Planning Committee or the Board Treasurer. These include non-publicly traded stock, closely held stock, limited partnership interest, joint ventures and other forms of securities which may not fall into one of the aforementioned categories.  The facilitator shall review any such gift and make recommendations.

        7.  Gifts of closely held stock exceeding $10,000 in value require the written appraisal of a qualified independent appraiser.  Closely held stock gifts of $10,000 or less may be valued by a qualified independent appraiser or at the per-share cash purchase of the most recent bona fide transaction involving such stock.           

B.        Bequests

        1.  In working with an individual who wants to include The Winter Center for Restorative Justice as a beneficiary in his or her will, the donor or the donor’s attorney may be given the following bequest language:

“I give, devise and bequeath to The Winter Center (Tax ID #20-0491304), an Ottawa, Kansas charitable organization, for its general purposes all (or state a fraction or percentage) of the rest, residue and remainder of my estate, both real and personal.  To the extent possible, gifts to charitable organizations shall be paid from assets representing income in respect of a decedent.”

or

“I give, devise and bequeath to The Winter Center (Tax ID #20-0491304), an Ottawa, Kansas charitable organization, the sum of $________ to be used for the general purposes of the Agency.  To the extent possible, gifts to charitable organizations shall be paid from assets representing income in respect of a decedent.”

This language is merely a suggestion as to content and should be written or adapted by legal counsel to fit the donor’s individual situation.

        2.  The Winter Center for Restorative Justice staff and volunteers should be careful in working with an individual in the drafting of a will to avoid any conflict of interest.  Specifically, the Agency’s representative will encourage the donor to have the will prepared by the donor’s attorney, decline to act as a witness for the donor to avoid invalidating the bequest, and decline to be named personal representative for the donor.

        3.  The Winter Center for Restorative Justice staff shall not prepare a donor’s will.  Winter Center volunteers, acting in their Winter Center capacity, shall not prepare a donor’s will.

        4.  No bequest will be authorized for receipt by The Winter Center for Restorative Justice without the approval of the Executive Board.

        5.  The policy of the Agency concerning bequests that are contested is that the Agency will defend with all legal means the right of an individual to determine his/her beneficiaries, and the right of the Agency to receive gifts.

        6.  All unrestricted bequests and matured deferred gifts will be designated to specific programs of the Agency as directed by the Executive Board.  All unrestricted bequests and matured deferred gifts may be added to the Agency’s endowment.

C.        Charitable Gift Annuities

        1.  A charitable gift annuity is a contract between a donor and The Winter Center for Restorative Justice.

        2.  The Winter Center for Restorative Justice is the issuer or obligor in the gift annuity contract by which the donor makes a gift to the Agency in exchange for Winter Centers promise to pay annually a fixed dollar amount for the donor’s or the donor’s and another person’s lifetime. 

        3.  A gift annuity may be either immediate (payments commence within one year of the date of the gift or deferred (payments commence more than one year after the date of the gift).

        4.  The minimum contribution amount is $10,000 for each annuity contract.  Each annuity must stand on its own, no additional contributions are possible.

        5.  The gift may be cash or marketable publicly traded securities.

        6.  The life income arrangement of a charitable gift annuity is for one or two lives, the younger of which should be no less than 60 years of age for current annuities.  Deferred annuities may be accepted from donors of any age, with payments beginning at age 60 or later.  The maximum length of deferral period is to be determined by the Development Committee.

        7.  Annuity rates available generally will be based on the current rates recommended by the American Council on Gift Annuities unless that rate would result in the gift portion of the annuity being valued under 10% of the amount transferred to the annuity.  In that case, lower rates are required.  The Winter Center for Restorative Justice reserves the right to negotiate rates on a case by case basis.  Higher rates are subject to the approval of the Board Treasurer

        8.  Prospective donors must be provided with a full PG Calc illustration and the Disclosure Statement which is required by the Philanthropy Protection Act of 1995.  A signed Application and a copy of the PG Calc illustration, together with supporting documents must be submitted and reviewed by the Resource and Planning Committee before a gift annuity can be issued.

        9.  For gift annuities funded with marketable securities, all transfers of marketable securities shall be directed to the Agency’s brokerage account.  All mailed and delivered securities certificates shall be sent to the Director of Operations for transfer to The Winter Center for Restorative Justice through the Agency’s brokerage account. 

D.        Gifts of Real Estate

        1.  The Winter Center for Restorative Justice gratefully accepts gifts of real estate; however, each gift transaction must be examined on its individual merit, and The Winter Center for Restorative Justice retains the right to refuse any gift of real estate.

        2.  Issues such as clear title, third party interests, environmental concerns and marketability must be thoroughly reviewed prior to acceptance.

        3.  No pre-arranged sales may be made and the donor, in order to help preserve the donor’s tax deduction, should not be involved in marketing the property.

        4.  Because of the nature of commercial property, some gifts of commercial real estate will not be accepted without an environmental audit (cost of audit to be borne by the donor/s).  An environmental audit may also be considered for residential property, depending on its location and other facts and circumstances.

        5.  A gift of real estate involves the following steps:

            *  The potential gift is referred to the Executive Board, Director of Development and Stewardship or the Senior Development Associate.  This person will serve as the facilitator for the transaction.

            *  The facilitator, in consultation with the donor, will complete a Real Estate Questionnaire (which we have to develop) which provides an analysis of the proposed gift transaction.  The facilitator will submit the analysis to the Board Treasurer. The analysis shall include information requested in the Real Estate Questionnaire and the following information:

                        a.  Financial evaluation and title information.  A current appraisal and title report is required.  The title report should list all encumbrances, and for due diligence purposes, the appraisal may be a tax appraisal, although a qualified appraisal may be necessary for the Agency’s due diligence purposes later in the process.

                        b.  Hazardous waste checklist completed and an environmental audit if required above (donor generally assumes this cost).

                        c.  Disposition or terms of the transaction.

        6.  The Development Committee may be convened to review the transaction and make recommendations if the Director of Operations feels it is necessary.  The decision to convene this committee shall be based on any perceived questions of liability or other deleterious factors which could result if the property were accepted.

        7.  After determining the initial acceptability of the property, the Agency should encourage the donor to obtain an independent qualified appraisal.  Such independent qualified appraisal will be necessary for the donor’s tax purposes. 

        8.  The donor should have his or her attorney prepare a warranty deed to The Winter Center for Restorative Justice.  The donor may request that the Agency’s counsel prepare the deed at a cost to the donor.

        9.  When the property is transferred, the donor should pay the portion of the real estate taxes prorated to the date of the gift as well as any other expenses normally charged to a seller.

       10.  If the fair market value of the property is more than $5,000, the donor will be required to file a Form 8283 with the Internal Revenue Service.  The Winter Center for Restorative Justice must sign a “donee acknowledgment” on the form 8283.  Pursuant to IRS requirements, the only persons who may sign the donee acknowledgment are persons authorized to sign the Agency’s tax returns or others officially authorized. 

       11.  All Form 8283s that are acknowledged shall be copied and given to the Board Treasurer. The treasurer will have the responsibility for filing Form 8282 with the Internal Revenue Service and providing a copy to the donor upon the sale of the property.

E.         Gifts of Valuable Personal Property; Intangible Property; and other Gifts that are not Cash, Marketable Securities or Life Insurance

        1.  Items covered under this section include, but are not limited to, copyrights, trademarks, patents, artwork, antiques, artifacts, collections and jewelry.

        2.  The potential gift shall be referred to the Resource and Planning Committee and the chair will serve as the facilitator of the transaction.  The facilitator will assess the appropriateness of the gift and will make a recommendation to the President and Board Treasurer. The facilitator will obtain proof of ownership and consent of all parties in writing when appropriate.

        3.  A receipt shall be issued containing a full description of the gift.  The facilitator shall be responsible for sending a proper receipt to the donor, with a copy to the treasurerthat states the gift received, but does not state the value.

        4.  The value of the gift must be determined by the donor, often with assistance from an independent appraiser who is a qualified expert in the field.  The donor will be required to obtain an independent qualified appraisal and to file a Form 8283 with the Internal Revenue Service for certain gifts valued at more than $5,000.  The Winter Center must sign a “donee acknowledgment” on the Form 8283.  Pursuant to IRS requirements, the only persons who may sign the donee acknowledgment are persons authorized to sign Point Park’s tax return or others officially authorized.

        5.  If The Winter Center disposes of the tangible personal property within two years of the date of receipt, the University must file a Form 8282 with the Internal Revenue Service and send a copy to the donor.  The treasurer will be responsible for filing this form with the Internal Revenue Service when required.

        6.  Often the tax deductibility of personal property relates to the use of the property by the charitable organization.  Any questions concerning tax considerations or disposition of gifted personal property shall be referred to the Executive Board, Director of Development and Stewardship or the Senior Development Associate.  Donors will be encouraged to seek consultations with their tax advisor.

F.         Charitable Remainder Trusts (Annuity trust and Unitrust)

        1.  A charitable remainder trust is a trust (either annuity trust or unitrust) providing for payments to one or more individuals for a fixed or ascertainable period of time with the remainder passing to one or more charitable organizations.

        2.  It is not the practice of The Winter Center to serve as trustee for a charitable remainder trust.  Donors will be encouraged to arrange trusteeship with a commercial, charitable or individual fiduciary.

G.        Charitable Lead Trusts

        1.  A charitable lead trust is a gift arrangement in which the donor transfers income-producing assets to a trust for a specified term of years or for the life or lives or individuals. 

        2.  During the term of the trust, an annuity amount or unitrust amount is paid to one or more charitable organizations, and, at the end of the term, the trust principal returns to the donor or the donor’s heirs.

        3.  It is not the practice of The Winter Center to serve as trustee for a charitable lead trust.  Donors will be encouraged to arrange trusteeship with a commercial, charitable or individual fiduciary.

H.        Life Insurance

        1.  The Winter Center encourages gifts of life insurance.  All inquiries concerning the giving of life insurance shall be referred to the Resource and Planning Committee chair, who shall serve as the facilitator for the proposed gift transaction.  The facilitator shall review each case on its individual merit and make a recommendation to the President and the Director of Operations concerning the gift.

        2.  There are many types of life insurance which could be gifted to The Winter Center.  In all cases, the gift facilitator will obtain the following information for use in the review process:

*  A  copy of the actual life insurance policy contract (include all parts and it must show whether the policy is “term”, “whole”, or a blend of the two);

*  Current  “vanishing-in-force” illustration (documentation provided by the insurance company issuing the policy that illustrates the financial status of that policy);

*  Whether the policy is “paid up”;

        3.  The following information (obtained from a local insurance advisor) may also assist with review of a life insurance gift:

            *  Third party ratings of the insurance company issuing the policy;

            *  Financial ratios (leverage and reserves) of the insurance company issuing the policy;

            *  Operating performance of the insurance company issuing the policy;

            *  Competitiveness and market risk (market profiles measures) of the company issuing the policy.

        4.  For insurance policies valued at more than $5,000, the donor will need an appraisal and must file Form 8283 with the Internal Revenue Service.  The Winter Center must sign a “donee acknowledgment” on the Form 8283.  Pursuant to IRS requirements, the only persons who may sign the donee acknowledgment are persons authorized to sign the Agency’s tax returned or others officially authorized.  All Form 8283s that are acknowledged shall be copied and sent to the Board Treasurer. The treasurer will be responsible for filing Form 8282, when required, with the Internal Revenue Service and providing a copy to the donor.

I.          Life Estate Agreements

        1.  A life estate gift is one in which residential real estate (such as a primary residence, farm or vacation home) is transferred to The Winter Center and the donor retains the right to live in and enjoy the property for the rest of his or her life.  The proposed gift is subject to review in accordance with the real estate portion of this gift acceptance policy.

        2.  The donor’s retained life interest may be for one lifetime or two, such as for a husband and wife.

        3.  The donor or the younger of the lifetime beneficiaries should be at least 75 years of age.

        4.  The donor will remain liable for taxes and upkeep of the property pursuant to a Maintenance, Insurance and Taxes Agreement.