Pro Bono Partnership

New York
237 Mamaroneck Avenue
White Plains, New York 10605
(914) 328-0674

New Jersey
744 Broad Street - Suite 1815
Newark, New Jersey 07102
(973) 273-0600

Connecticut
(203) 357-1111

www.probonopartnership.org

Fall 2003

What’s New at the Pro Bono Partnership

 

The Pro Bono Partnership is extremely pleased to welcome Nancy C. Eberhardt, Esq. as Senior Staff Attorney.  Nancy will be based in the Newark office.  Her area of concentration has been real estate and environmental transactional matters and she is active in the nonprofit sector as a trustee of the Morris County United Way, Children on the Green, and The Passaic River Coalition.   Read about it!

 

New Publications posted on the Pro Bono Partnership Website

 

Combating Fraud and Implementing Internal Controls:  An alarming number of nonprofits have contacted us in the past months reporting that individuals close to the charity, such as bookkeepers, have defrauded the charity through various embezzlement or check cashing schemes.  It could happen to you!  A helpful article prepared by the Nonprofit Risk Management Center outlines basic risk management steps to protect your nonprofit from theft and embezzlement. Click here

 

Spotlight on Clients and Volunteers

 

Pro Bono Partnership volunteer Toni Nichels of Xerox is winner of ABA 2003 Outstanding Young Lawyer Award.  Click here


Frequently the Partnership’s volunteers serve as resources that have a direct, positive impact on the development of social and economic opportunities in low-income neighborhoods.  Click here to read about the contribution of Susan Blount, Corporate Secretary, Prudential Financial, who is working with St. Matthew Neighborhood Improvement Development Association, Inc. on a pro bono matter that supports community and economic development initiatives in East Orange, New Jersey.

 

Frequently Asked Questions

 

Every day nonprofits call the Partnership’s office with questions about their day-to-day operations.  By following this link to the Partnership’s website, you can review our staff attorneys’ responses to frequently asked questions.  New this issue:  Do board meetings have to be open to the public?  What is an “Advance Ruling Period”? Click here

 

Upcoming Workshops

 

The Pro Bono Partnership offers LEGAL EDUCATION WORKSHOPS sponsored by JP Morgan Chase, Citibank and others, designed for staff and directors of nonprofit organizations.  Click here for more information.

Upcoming workshops include:

  • Board Member Roles and Responsibilities:
    •  October 22nd in Bridgeport, CT
    • November 17 in Yonkers, NY
  • Employment Law:
    • November 13th in Bridgeport, CT
    • December 4th in Scotch Plains, NJ
  • Insurance and Risk Management for Nonprofits:
    • November 18th in Norwalk, CT
  • Legal Issues in Volunteer Program Management:
    • December 3rd in Stamford, CT
  • Legal Maintenance:
    • November 13th in Jersey City, NJ
  • Should You Apply for Tax Exemption?:
    • December 9th in Stamford, CT

 

Legal Alerts and Recent Developments

 

New FCC Regulations: “Do-Not-Fax” Rules:  The Federal Communications Commission issued regulations, effective August 2003, that require charities and others sending “commercial communications” by fax to obtain the express written consent of the recipient.  However, the rules do not apply to all faxes (only those “selling” products or services), nor, initially, to all recipients.  Only faxed communications promoting the commercial availability of goods or services are restricted.  Some recipients, such as a client, donor or dues-paying member, may have an “established business relationship” with a charity.  In those cases, the express written consent of the recipient will not be required until January 1, 2005.  All other recipients must provide their express consent to the receipt of “commercial faxes,” which might include: fliers announcing workshops where registration fees are charged, or announcing membership solicitations or renewal notices, or invitations for certain activities, such as a fundraiser, where products or services are available for a cost.   Need more information?  Go to the Independent Sector’s website: Click here

 

New York:

·        Guidance for Board Members:  New at the New York Attorney General’s website, under the section: “Tips and Advice” for nonprofits, is a booklet called “Right From the Start” that outlines guidelines for nonprofit board members:  http://www.oag.state.ny.us/charities/not_for_profit_booklet.pdf.  Proposed Legislation by the NY Attorney General (S.4836A) would impose requirements on charities similar to those applicable to for-profit corporations pursuant to the Sarbanes-Oxley Act.  The new law would tighten rules governing transactions between trustees and the nonprofit, and require trustees to verify annual reports.  The legislation would also require audit and executive committees for some nonprofits.  Click Here

 

Connecticut:

·        Property tax news:  In July 2003, the Connecticut Legislature passed Public Act 03-270 which amends Connecticut General Statute Sec. 12-81(7) regarding property tax exemption for charitable organizations.  The Act is retroactive to assessments beginning on or after 10/1/02, and specifies that property tax exemption applies to temporary housing owned by, or held in trust for, a federally tax-exempt charitable organization, that is used primarily as one or more of the following:  an orphanage; a drug or alcohol treatment or rehabilitation facility; housing for the homeless, retarded, handicapped or battered or abused women and children; housing for ex-offenders; or short term housing with an average stay of less than six months.  This change in the law should provide much needed financial relief to many of the Partnership's clients who have faced daunting property tax bills from their local tax assessors.  For more information, please contact Maurice Segall, Esq., 914-328-0674.

 

New Jersey: 

·        Supreme Court issues rules on “limited license” for in-house counsel who are not admitted in NJ:  Starting in January 2004, all in-house counsel who are employed by New Jersey corporations and who are not admitted in the State must register with the Supreme Court to receive a “limited license.”  RPC 1:27.  A registration packet may be obtained by calling the Clerk of the Supreme Court, attention: Shirline Clark, 609-292-4837.  The mandatory pro bono requirement will NOT extend to in-house counsel who are not admitted in NJ, however, in-house attorneys who are admitted in New Jersey ARE subject to mandatory case assignments, unless exempted due to their volunteer service with an authorized legal services program, such as the Pro Bono Partnership.

 

                                                                                              

 

 To apply for legal assistance from the Pro Bono Partnership
 in New York, New Jersey or Connecticut, please
 click here.

 

The information provided in this email newsletter was prepared by Pro Bono Partnership for educational purposes only and should not be considered legal advice on any specific matter; nor does the distribution or receipt of this e-newsletter signify an attorney-client relationship between Pro Bono Partnership and the recipient.  The content of this e-newsletter is subject to copyright protection.