2025-05-14T22:38:03-05:00 2024-06-30 331374517 PKF O'CONNOR DAVIES ADVISORY LLC 500 MAMARONECK AVENUE SUITE 301 HARRISON NY 105281633 990 2023-07-01 112475743 FIFTH AVENUE COMMITTEE INC FIFT 7182372017 621 DEGRAW STREET BROOKLYN NY 11217 MICHELLE DE LA UZ EXECUTIVE DIRECTOR 7182372017 2025-05-14 1 1 MELISSA MODELSON P01603524 9143818900 2025-05-14 2023 2025-03-06 01:10:19Z MICHELLE DE LA UZ 621 DEGRAW STREET BROOKLYN NY 11217 11664437 0 X WWW.FIFTHAVE.ORG X 1978 NY FIFTH AVENUE COMMITTEE'S MISSION IS TO ADVANCE ECONOMIC, SOCIAL AND RACIAL JUSTICE IN NEW YORK CITY THROUGH ITS COMPREHENSIVE COMMUNITY DEVELOPMENT PROGRAMS AND PROJECT. 14 14 117 40 0 0 5601902 5580979 3850390 5360526 18950 2457 257889 376617 9729131 11320579 464349 567939 0 0 6181748 6942245 21721 6090 502467 2371302 2314859 9039120 9831133 690011 1489446 9551993 14253233 3363876 7004529 6188117 7248704 X SEE SCHEDULE O 0 0 3486810 567939 5360526 AFFORDABLE HOUSING AND COMMUNITY FACILITIES DEVELOPMENT: SINCE ITS FOUNDING, FAC HAS DEVELOPED 1,402 AFFORDABLE HOMES, REVITALIZED MORE THAN 30 STOREFRONTS, AND BUILT OVER 120,000 SQUARE FEET OF COMMUNITY SPACE. FACS AFFORDABLE HOUSING DEVELOPMENT AND PRESERVATION PIPELINE INCLUDES OVER 2,000 UNITS REPRESENTING AN INVESTMENT OF NEARLY $1 BILLION IN BROOKLYN. ALL FAC'S NEW DEVELOPMENTS ARE DESIGNED TO LEED, ENTERPRISE GREEN COMMUNITY OR PASSIVE HOUSE STANDARDS. FAC OWNS AND/OR MANAGES 47 RESIDENTIAL BUILDINGS WITH 740 UNITS IN SOUTH/CENTRAL BROOKLYN AND JAMAICA, QUEENS THAT ARE HOME TO 1,140 VERY LOW-, LOW- AND MODERATE-INCOME RESIDENTS AND HAS 32 SMALL BUSINESS AND NONPROFIT TENANTS. OVER 75% OF OUR COMMERCIAL TENANTS ARE SMALL, LOCAL, MINORITY AND/OR WOMEN OWNED BUSINESSES. A SIGNIFICANT PORTION OF FAC AFFORDABLE HOUSING IS SET ASIDE FOR SPECIAL POPULATIONS INCLUDING SENIORS, INDIVIDUALS WHO ARE FORMERLY HOMELESS AND SURVIVORS OF DOMESTIC VIOLENCE. 1853217 0 0 ADULT EDUCATION:FACS ADULT EDUCATION DEPARTMENT OFFERS A RANGE OF CLASSES, INCLUDING ENGLISH FOR SPEAKERS OF OTHER LANGUAGES (ESOL), ADULT BASIC EDUCATION (ABE), HIGH SCHOOL EQUIVALENCY (HSE), DIGITAL LITERACY, AND WORKFORCE BRIDGE PROGRAMMING AT LOCAL PUBLIC SCHOOLS AND CHURCHES. IN FY 24, 1,336 STUDENTS ENROLLED IN ONE OR MORE OF THESE PROGRAMS AND CLASSES. THE BRIDGE PROGRAM IS A PARTNERSHIP WITH FACS NONPROFIT WORKFORCE DEVELOPMENT AFFILIATE, BROOKLYN WORKFORCE INNOVATIONS (BWI)S RED HOOK ON THE ROAD COMMERCIAL DRIVERS LICENSE (CDL), BROOKLYN NETWORKS TELE-DATA CABLE INSTALLATION, AND BROOKLYN WOODS CARPENTRY PROGRAMS. PER THE NYS DEPARTMENT OF EDUCATION, THE PROGRAM PERFORMS IN THE TOP QUARTILE OF ADULT EDUCATION PROGRAMS STATEWIDE. 356773 0 0 ORGANIZING AND ADVOCACY: FACS ORGANIZING AND ADVOCACY PROGRAMS EMPOWER LOW-INCOME RESIDENTS THROUGH A RANGE OF ENVIRONMENTAL, ACCOUNTABLE DEVELOPMENT, SOCIAL JUSTICE AND TENANT RIGHTS CAMPAIGNS. FAC LEADS AND PARTICIPATES IN LOCAL, CITY AND STATEWIDE CAMPAIGNS, AND ADVOCATES AT THE FEDERAL LEVEL FOR POLICY CHANGES. CAMPAIGNS EMPOWER TRADITIONALLY MARGINALIZED GROUPS, SUCH AS RENT STABILIZED AND PUBLIC HOUSING RESIDENTS, AND IMMIGRANTS. IN FY24, THESE PROGRAMS HELPED OVER 1,000 RESIDENTS INCLUDING 338 TENANTS AVOID EVICTION. FAC ALSO CONTINUED ITS LEADERSHIP OF LOCAL ENVIRONMENTAL AND CLIMATE JUSTICE AND ACCOUNTABLE DEVELOPMENT CAMPAIGNS. 2670996 0 0 COMMUNITY SERVICES:COMMUNITY SERVICES PROVIDES A RANGE OF FREE SERVICES INCLUDING PUBLIC BENEFITS ACCESS (SNAP, UNEMPLOYMENT INSURANCE, MEDICARE/AID AND MORE), TAX PREPARATION, FINANCIAL COACHING, AND LEGAL, HOUSING AND HEALTH REFERRALS TO OVER 1,100 VERY LOW AND LOW-INCOME NEW YORKERS ANNUALLY. THE PROGRAM HELPS LOW-INCOME INDIVIDUALS GAIN ECONOMIC AND HOUSING STABILITY AND BUILD THEIR ASSETS. IN FY24, COMMUNITY SERVICES CONNECTED 498 HOUSEHOLDS WITH ONE OR MORE PUBLIC BENEFITS. THE PROGRAM CONNECTED 81 PEOPLE TO LEGAL SERVICES, PROVIDED FINANCIAL COACHING TO 275, AND 230 RECEIVED FREE TAX PREPARATION SERVICES.WORKFORCE DEVELOPMENT:FAC AFFILIATE BWI ASSISTS OVER 900 NEW YORKERS EACH YEAR THROUGH SECTOR-BASED JOB TRAINING AND DIRECT PLACEMENT SERVICES. THESE PROGRAMS PROVIDE ACCESS TO INDUSTRY RECOGNIZED CREDENTIALS, LIVING-WAGE EMPLOYMENT AND CAREER PATHS, PLACEMENT AND SUPPORTS (I.E., RESUME DEVELOPMENT, INTERVIEW, AND SOFT SKILL DEVELOPMENT). FACS BRIDGE PROGRAMS THAT WE CARRY OUT IN PARTNERSHIP WITH BWI, PROVIDE SECTOR-BASED WORKFORCE DEVELOPMENT TRAINING WITH INTEGRATED AND CONTEXTUALIZED ENGLISH LANGUAGE AND OTHER SUPPORTS TO UNEMPLOYED AND UNDEREMPLOYED IMMIGRANTS AND RESIDENTS. THE PROGRAM ENROLLED 555 STUDENTS WITH BARRIERS TO EMPLOYMENT IN FY24. IN PARTNERSHIP WITH BWI, 279 OF THOSE PARTICIPANTS EARNED AN INDUSTRY CREDENTIAL AND 106 SECURED LIVING WAGE EMPLOYMENT. SUSTAINABLE DEVELOPMENT:IN 2024, FAC CONTINUED TO ADVANCE OUR EFFORTS TO INSTALL OVER 234,000 KW OF SOLAR POWER ON FAC OWNED AND MANAGED AFFORDABLE HOUSING AND COMMUNITY FACILITY BUILDINGS IN PHASE 1 AS PART OF REDUCING OUR GREENHOUSE GAS EMISSIONS, REDUCING MAINTENANCE EXPENSES TO CONTRIBUTE TO PERMANENT AFFORDABILITY AND REDUCE UTILITY EXPENSES FOR LOW AND MODERATE-INCOME TENANTS LIVING IN FAC PROPERTIES. FAC ALSO LAUNCHED BARRIO SOLAR WITH FAC HUD CERTIFIED HOUSING COUNSELING AFFILIATE, NEIGHBORS HELPING NEIGHBORS, AND PARTNER SOLAR ONE, TO ASSIST LMI HOMEOWNERS IN NYC TO REDUCE THEIR UTILITY COSTS, REDUCE GREENHOUSE GAS EMISSIONS AND INCREASE THE VALUE OF THEIR ASSET BY PROVIDING SUPPORTS AND SOLAR DOWN PAYMENT ASSISTANCE. 2670996 0 0 8367796 1 1 0 1 0 0 0 0 1 0 1 0 0 1 1 1 0 1 0 0 0 0 0 0 1 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 0 0 1 X 60 0 117 1 0 0 0 0 0 1 1 0 0 0 0 0 0 X 14 14 0 0 0 0 0 0 0 1 1 0 0 1 1 1 1 1 1 1 1 0 NY X X X ANDREW HORROW 7182372017 621 DEGRAW STREET BROOKLYN NY 11217 MELANNIE ASH CO-CHAIR 2.00 0.00 X X 0 0 0 PRISTINE JOHANNESSEN CO-CHAIR 2.00 0.00 X X 0 0 0 JESSICA A YAGER SECRETARY 2.00 0.00 X X 0 0 0 JUAN BARAHONA TREASURER 2.00 0.00 X X 0 0 0 DANY CUNNINGHAM BOARD MEMBER 2.00 0.00 X 0 0 0 KATE GILMORE BOARD MEMBER THRU 12/23 2.00 0.00 X 0 0 0 CAROLINA GONZALEZ BOARD MEMBER 2.00 0.00 X 0 0 0 ERIC MAGNUS BOARD MEMBER THRU 12/23 2.00 0.00 X 0 0 0 SAM MARKS BOARD MEMBER 2.00 0.00 X 0 0 0 AYANA MUHAMMAD BOARD MEMBER 2.00 0.00 X 0 0 0 GAWAIN PATTERSON BOARD MEMBER 2.00 0.00 X 0 0 0 ERIK PAULINO BOARD MEMBER 2.00 0.00 X 0 0 0 JULIO PENA III BOARD MEMBER 2.00 0.00 X 0 0 0 MARIADELE PRIEST BOARD MEMBER 2.00 0.00 X 0 0 0 JARED WATSON BOARD MEMBER 2.00 0.00 X 0 0 0 CATHERINE ZINNEL BOARD MEMBER 2.00 0.00 X 0 0 0 MICHELLE DE LA UZ EXECUTIVE DIRECTOR 30.00 5.00 X 244820 0 10646 ROY NIELSEN DIRECTOR OF FINANCE & IT 34.50 0.50 X 179086 0 22091 JAY A MARCUS DIRECTOR OF REAL ESTATE 34.50 0.50 X 128750 0 70758 EMILY BLANK DIR. OF EXTERNAL AFFAIRS & STRATEGY 34.50 0.50 X 132014 0 50297 WILLIAM YATES DIR. OF HOUSING DEVELOPMENT 34.50 0.50 X 161060 0 39855 ZULLY ROLAN DIR. OF ASSET & PROP. MGMT 34.50 0.50 X 122369 0 10963 BRIAN MENDES DIRECTOR OF ADULT EDUCATION 34.50 0.50 X 107305 0 54977 1075404 0 259587 8 0 1 0 PEOPLES COMPUTER SERVICES INC 1655 FLATBUSH AVENUE BROOKLYN NY 11210 INFORMATION TECHNOLOGY 198297 REAL CAPITAL IM USA LLC 293 STERLING PLACE BROOKLYN NY 11238 HOUSING CONSULTANT 105903 2 232863 2583864 2764252 5580979 DEVELOP.& MARKET FEES 531390 2509534 2509534 MANAGEMENT FEE 531110 2032297 2032297 SUBCONTRACT INCOME 541200 679716 679716 PROGRAM RENTAL 532000 138979 138979 5360526 2457 2457 647961 250811 397150 397150 397150 59675 232863 93047 -33372 -33372 MISCELLANEOUS INCOME 900099 12839 12839 12839 11320579 5360526 0 379074 567939 567939 476174 387974 68395 19805 4905031 4482314 104376 318341 99979 83871 7869 8239 837079 699017 74260 63802 623982 520853 55934 47195 1125 1125 72633 12060 60573 18150 18150 6090 6090 738791 626459 102834 9498 34038 11741 20078 2219 253834 108727 136908 8199 127880 24053 101997 1830 583767 571016 9979 2772 71062 32016 37337 1709 47547 22727 24223 597 42932 2704 40228 39995 39995 73846 61072 9906 2868 BAD DEBT EXPENSE 108806 100517 289 8000 PROGRAM EXPENSES 60629 25938 33388 1303 MAINTENANCE & REPAIR 29187 5509 23678 STAFF DEVELOPMENT 10637 2014 8623 9831133 8367796 960870 502467 1750809 3494646 105588 105604 1504283 1428399 288723 255821 15149 17912 3071472 635857 277117 2435615 54353 54353 5555971 6460883 9551993 14253233 952174 2986135 72855 5899 105480 105480 1200306 2925234 1033061 981781 3363876 7004529 X 6044067 7207256 144050 41448 6188117 7248704 9551993 14253233 1489446 -428859 0 X X 0 1 X 1 1 1 X 3827090 4869633 5180179 5571177 5580979 25029058 3827090 4869633 5180179 5571177 5580979 25029058 104730 24924328 637895 619742 628977 575263 650418 3112295 25797 27923 28854 19966 12839 115379 28256732 18286166 0.88210 0.86970 X SCHEDULE A, PART II, LINE 10, EXPLANATION OF OTHER INCOME: MISCELLANEOUS INCOME - 2019 AMOUNT: $ 25,797. 2020 AMOUNT: $ 27,923. 2021 AMOUNT: $ 28,854. 2022 AMOUNT: $ 19,966. 2023 AMOUNT: $ 12,839. RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED RESTRICTED 0 18150 18150 9310516 9328666 616433 154108 0 0 489279 520625 594175 616433 2220512 3330768 25981 18000 18000 18150 80131 122320 130156 148544 154108 555128 832692 4981 4981 0 1 X 128520 128520 2462179 217875 2244304 98935 98935 0 381838 319047 62791 2435615 ADVANCES TO AFFILIATES 5657378 MORTGAGE RECEIVABLE 745000 RIGHT TO USE ASSET 45575 SECURITY DEPOSIT 12930 6460883 REFUNDABLE GRANTS PAYABLE 831250 IDA FUND LIABILITY 98541 LEASE LIABILITY 46235 EXCHANGE 5755 981781 X 34209045 27871456 27871456 6337589 4982990 4982990 11320579 34068335 29220192 29220192 4848143 4982990 4982990 9831133 PART IV, LINE 2B: THE ORGANIZATION'S HOUSING AND COMMUNITY FACILITY RELATED ENTITIES, HOLD SECURITY DEPOSITS FROM TENANTS IN AN ESCROW ACCOUNT. THESE DEPOSITS ARE RETURNED ONCE THEY MOVE OUT OF THE UNIT AS PER LEASE TERMS AND RELEVANT LAW. PART X, LINE 2: THE CORPORATION RECOGNIZES THE EFFECT OF INCOME TAX POSITIONS ONLY IF THOSE POSITIONS ARE MORE LIKELY THAN NOT TO BE SUSTAINED. MANAGEMENT HAS DETERMINED THAT THE CORPORATION HAD NO UNCERTAIN TAX POSITIONS THAT WOULD REQUIRE FINANCIAL STATEMENT RECOGNITION OR DISCLOSURE. THE CORPORATION IS NO LONGER SUBJECT TO EXAMINATIONS BY THE APPLICABLE TAXING JURISDICTIONS FOR PERIODS PRIOR TO JUNE 30, 2021. PART XI, LINE 2D - OTHER ADJUSTMENTS: REVENUE ATTRIBUTABLE TO SUBSIDIARIES 27,527,598. RENTAL EXPENSES REPORTED ON PART VIII, LINE 6B 250,811. EVENT EXPENSES REPORTED ON PART VIII, LINE 8B 93,047. PART XI, LINE 4B - OTHER ADJUSTMENTS: ELIMINATION FROM CONSOLIDATING FINANCIAL STATEMENTS 4,982,990. PART XII, LINE 2D - OTHER ADJUSTMENTS: EXPENSES ATTRIBUTABLE TO SUBSIDIARIES 28,876,334. RENTAL EXPENSES REPORTED ON PART VIII, LINE 6B 250,811. EVENT EXPENSES REPORTED ON PART VIII, LINE 8B 93,047. PART XII, LINE 4B - OTHER ADJUSTMENTS: ELIMINATION FROM CONSOLIDATING FINANCIAL STATEMENTS 4,982,990. FAC BENEFIT & AWARDS 292538 232863 59675 25000 43257 2000 22790 292538 232863 59675 25000 43257 2000 22790 93047 -33372 1 FAC RENAISSANCE HDFC 621 DEGRAW STREET BROOKLYN NY 11217 202849260 501(C)(4) 150000 0 GENERAL OPERATING SUPPORT NEIGHBORS HELPING NEIGHBORS 621 DEGRAW STREET BROOKLYN NY 11217 113059958 501(C)(3) 141349 0 GENERAL OPERATING SUPPORT LEAP INC 621 DEGRAW STREET BROOKLYN NY 11217 113111694 501(C)(3) 101090 0 GENERAL OPERATING SUPPORT FAC PRESERVATION HDFC 621 DEGRAW STREET BROOKLYN NY 11217 470919280 501(C)(4) 48000 0 GENERAL OPERATING SUPPORT FAC HOMEOWNERSHIP HDFC 621 DEGRAW STREET BROOKLYN NY 11217 113440267 501(C)(3) 84500 0 GENERAL OPERATING SUPPORT SUNKEEPER SOLAR LLC 639 MARLBOROUGH ROAD BROOKLYN NY 11230 843059849 LLC 23000 0 GENERAL OPERATING SUPPORT FAC ADVANCE HDFC 621 DEGRAW STREET BROOKLYN NY 11217 264642733 501(C)(4) 20000 0 GENERAL OPERATING SUPPORT 3 4 PART I, LINE 2: FAC PERIODICALLY DISTRIBUTES GRANTS TO BOTH AFFILIATE ORGANIZATIONS AS WELL AS OTHER 501(C)(3) ORGANIZATIONS. GRANTS ARE USUALLY DISTRIBUTED IN A MANNER WHERE FAC IS THE LEAD ORGANIZATION FOR THE GRANT FUNDS AND SUBCONTRACTS OUT SOME OF THE WORK TO OTHERS. FAC PERIODICALLY REQUIRES REPORTING FROM THE SUBCONTRACTORS ON HOW THEY SPEND THE FUNDS AND MAKES SURE THAT THE FUNDS ARE BEING SPENT IN ACCORDANCE WITH THE GRANT GUIDELINES AND BUDGET. X X X X 0 0 0 0 0 0 0 0 0 MICHELLE DE LA UZ EXECUTIVE DIRECTOR 244820 0 0 0 0 0 10646 0 0 0 255466 0 0 0 ROY NIELSEN DIRECTOR OF FINANCE & IT 179086 0 0 0 0 0 7769 0 14322 0 201177 0 0 0 WILLIAM YATES DIR. OF HOUSING DEVELOPMENT 161060 0 0 0 0 0 6748 0 33107 0 200915 0 0 0 JAY A MARCUS DIRECTOR OF REAL ESTATE 128750 0 0 0 0 0 6392 0 64366 0 199508 0 0 0 EMILY BLANK DIR. OF EXTERNAL AFFAIRS & STRATEGY 132014 0 0 0 0 0 0 0 50297 0 182311 0 0 0 BRIAN MENDES DIRECTOR OF ADULT EDUCATION 107305 0 0 0 0 0 4889 0 50088 0 162282 0 0 0 FORM 990, PART III, LINE 1 FIFTH AVENUE COMMITTEE, INC. (FAC) IS A COMPREHENSIVE COMMUNITY DEVELOPMENT CORPORATION AND CHARTERED MEMBER OF THE NEIGHBORWORKS AMERICA NETWORK. FOUNDED IN 1978, FAC'S MISSION IS TO ADVANCE ECONOMIC, SOCIAL, AND RACIAL JUSTICE IN NEW YORK CITY. FAC STRIVES TO MAKE OUR COMMUNITIES MORE EQUITABLE, SUSTAINABLE, INCLUSIVE AND JUST SO THAT ALL CAN LIVE AND WORK WITH DIGNITY AND RESPECT. TO ACHIEVE ITS MISSION, FAC DEVELOPS AND MANAGES AFFORDABLE HOUSING AND COMMUNITY FACILITIES; CREATES ECONOMIC OPPORTUNITIES FOR LOW AND MODERATE INCOME NEW YORKERS, AND ENSURES ACCESS TO ECONOMIC STABILITY THROUGH WORKFORCE TRAINING AND JOB PLACEMENT ASSISTANCE; CONNECTS NEEDY FAMILIES WITH PUBLIC BENEFITS, TAX PREPARATION ASSISTANCE AND LEGAL, FINANCIAL AND CREDIT COUNSELING; PROVIDES STUDENT-CENTERED ADULT EDUCATION AND LITERACY CLASSES; ORGANIZES COMMUNITY MEMBERS, PUBLIC HOUSING RESIDENTS, IMMIGRANTS AND YOUTH; AND COMBATS DISPLACEMENT CAUSED BY GENTRIFICATION. TOGETHER, FAC'S PROGRAMS DIRECTLY IMPACT THE LIVES OF 7,400 LOW AND MODERATE INCOME NEW YORKERS ANNUALLY. FORM 990, PART I, QUESTION 5, AND PART V, QUESTION 2A: THE ORGANIZATION CONTRACTED WITH A PROFESSIONAL EMPLOYER ORGANIZATION (PEO) FOR SERVICES, INCLUDING BUT NOT LIMITED TO, PAYROLL, TIMEKEEPING, EMPLOYEE BENEFITS, HR ADMINISTRATION AND WORKFORCE REGULATORY COMPLIANCE NEEDS. AS THE EMPLOYER OF RECORD FOR TAX PURPOSES, FORMS W-2 AND W-3 ARE ISSUED BY THE PEO AND FILED UNDER THE PEO'S FEDERAL EIN. IN THIS CO-EMPLOYMENT ARRANGEMENT, THE ORGANIZATION IS THE COMMON LAW EMPLOYER AND, ACCORDINGLY, COMPENSATION IS REPORTED ON FORM 990, PART VII, SECTION A AND PART IX, LINES 5-10. FORM 990, PART VI, SECTION B, LINE 11B FIFTH AVENUE COMMITTEE, INC. HAS ITS FORM 990 PREPARED BY AN OUTSIDE ACCOUNTING FIRM AND HAS ESTABLISHED THE FOLLOWING REVIEW PROCESS TO ENSURE THAT THE INFORMATION REPORTED IS COMPLETE AND ACCURATE. WHEN THE FORM 990 HAS BEEN PREPARED, REVIEWED BY MANAGEMENT AND IS READY TO BE FILED WITH THE INTERNAL REVENUE SERVICE, IT IS ELECTRONICALLY SENT TO THE BOARD MEMBERS OF THE ORGANIZATION FOR ANY COMMENTS. ANY COMMENTS ARE THEN GROUPED, SUMMARIZED AND PROVIDED TO THE OUTSIDE ACCOUNTANTS. EACH ISSUE IS DOCUMENTED AND ADDRESSED UNTIL THE RETURN IS FINALIZED AND APPROVED FOR FILING. FORM 990, PART VI, SECTION B, LINE 12C FAC HAS A WRITTEN CONFLICT OF INTEREST POLICY THAT IS ANNUALLY MONITORED. THE POLICY APPLIES TO RESPONSIBLE PERSONS. A RESPONSIBLE PERSON IS DEFINED AS ANY PERSON SERVING AS AN OFFICER, EMPLOYEE, OR MEMBER OF THE BOARD OF DIRECTORS OF FIFTH AVENUE COMMITTEE, INC. IF A RESPONSIBLE PERSON WERE TO HAVE A CONFLICT THE FOLLOWING PROCEDURES WOULD TAKE PLACE: A. BEFORE BOARD OR COMMITTEE ACTION ON AND AGREEMENT OR TRANSACTION INVOLVING A CONFLICT OF INTEREST, A DIRECTOR OR COMMITTEE MEMBER HAVING A CONFLICT OF INTEREST AND WHO ATTENDS THE MEETING SHALL DISCLOSE ALL FACTS MATERIAL TO THE CONFLICT OF INTEREST. SUCH DISCLOSURE SHALL BE REFLECTED IN THE MINUTES OF THE MEETING. B. A DIRECTOR OR COMMITTEE MEMBER WHO PLANS NOT TO ATTEND A MEETING AT WHICH HE OR SHE HAS REASON TO BELIEVE THAT THE BOARD OR COMMITTEE WILL ACT ON A MATTER IN WHICH THE PERSON HAS A CONFLICT OF INTEREST SHALL DISCLOSE TO THE CHAIR OF THE MEETING ALL FACTS MATERIAL TO THE CONFLICT OF INTEREST. THE CHAIR SHALL REPORT THE DISCLOSURE AT THE MEETING AND THE DISCLOSURE SHALL BE REFLECTED IN THE MINUTES OF THE MEETING. C. A PERSON WHO HAS A CONFLICT OF INTEREST SHALL NOT PARTICIPATE IN OR BE PERMITTED TO HEAR THE BOARD'S OR COMMITTEE'S DISCUSSION OF THE MATTER EXCEPT TO DISCLOSE MATERIAL FACTS AND TO RESPOND TO QUESTIONS. SUCH PERSON SHALL NOT ATTEMPT TO EXERT THEIR PERSONAL INFLUENCE WITH RESPECT TO THE MATTER, EITHER AT OR OUTSIDE THE MEETING. D. A PERSON WHO HAS A CONFLICT OF INTEREST WITH RESPECT TO AN AGREEMENT OR TRANSACTION THAT WILL BE VOTED ON AT A MEETING SHALL NOT BE COUNTED IN DETERMINING THE PRESENCE OF A QUORUM FOR PURPOSES OF THE VOTE. THE PERSON HAVING A CONFLICT OF INTEREST MAY NOT VOTE ON THE AGREEMENT OR TRANSACTION AND SHALL NOT BE PRESENT IN THE MEETING ROOM WHEN THE VOTE IS TAKEN, UNLESS THE VOTE IS BY SECRET BALLOT. SUCH PERSON'S INELIGIBILITY TO VOTE SHALL BE REFLECTED IN THE MINUTES OF THE MEETING. FOR PURPOSES OF THIS PARAGRAPH, A MEMBER OF THE BOARD OF DIRECTORS OF FIFTH AVENUE COMMITTEE, INC. HAS A CONFLICT OF INTEREST WHEN THEY STAND FOR ELECTION AS AN OFFICER OR FOR RE-ELECTION AS A MEMBER OF THE BOARD OF DIRECTORS, UNLESS THE VOTE IS AS A SLATE OF CANDIDATES OR OFFICERS. E. RESPONSIBLE PERSONS WHO ARE NOT MEMBERS OF THE BOARD OF DIRECTORS OF FIFTH AVENUE COMMITTEE, INC., OR WHO HAVE A CONFLICT OF INTEREST WITH RESPECT TO AN AGREEMENT OR TRANSACTION OR OUTSIDE ACTIVITY THAT IS NOT THE SUBJECT OF BOARD OR COMMITTEE ACTION, SHALL DISCLOSE TO THE EXECUTIVE DIRECTOR ANY CONFLICT OF INTEREST THAT SUCH RESPONSIBLE PERSON HAS WITH RESPECT TO AN AGREEMENT, TRANSACTION OR OUTSIDE ACTIVITY. IF THE RESPONSIBLE PERSON IS THE EXECUTIVE DIRECTOR, THEY SHALL DISCLOSE TO THE EXECUTIVE COMMITTEE OF THE BOARD ANY CONFLICT OF INTEREST THAT SUCH RESPONSIBLE PERSON HAS WITH RESPECT TO AN AGREEMENT, TRANSACTION OR OUTSIDE ACTIVITY. SUCH DISCLOSURE SHALL BE MADE AS SOON AS THE CONFLICT OF INTEREST IS KNOWN TO THE RESPONSIBLE PERSON. THE RESPONSIBLE PERSON SHALL REFRAIN FROM ANY ACTION THAT MAY AFFECT FIFTH AVENUE COMMITTEE, INC'S PARTICIPATION IN SUCH AGREEMENT, TRANSACTION OR OUTSIDE ACTIVITY. F. IN THE EVENT IT IS NOT ENTIRELY CLEAR THAT A CONFLICT OF INTEREST EXISTS, THE INDIVIDUAL WITH THE POTENTIAL CONFLICT SHALL DISCLOSE THE CIRCUMSTANCES TO THE CHAIR OR CO-CHAIRS, THE EXECUTIVE DIRECTOR OR THE EXECUTIVE COMMITTEE (AS A MEMBER OF THE BOARD, AN EMPLOYEE OR THE EXECUTIVE DIRECTOR AS RELEVANT), WHO SHALL DETERMINE WHETHER THERE EXISTS A CONFLICT OF INTEREST THAT IS SUBJECT TO THIS POLICY. FORM 990, PART VI, SECTION B, LINE 15 THE EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS, WHO DOES NOT HAVE A CONFLICT OF INTEREST, REVIEWS INFORMATION ANNUALLY ABOUT THE EXECUTIVE COMPENSATION OF NONPROFIT PEERS AS WELL AS SALARY SURVEY FROM INDEPENDENT SOURCES. THE EXECUTIVE COMMITTEE MAKES A RECOMMENDATION ON EXECUTIVE DIRECTOR COMPENSATION UTILIZING THIS INFORMATION TO THE FULL BOARD OF DIRECTORS WHO THEN VOTES ON THE ANNUAL COMPENSATION OF THE EXECUTIVE DIRECTOR. THE DECISION IS DOCUMENTED IN THE MINUTES TO THE BOARD. THE OPERATIONS AND PERSONNEL COMMITTEE REVIEWS THIRD PARTY SALARY SURVEYS AND 990'S OF NONPROFIT PEERS AND PROVIDES GUIDANCE TO THE EXECUTIVE DIRECTOR ON SALARY RANGES FOR THE EXECUTIVE DIRECTOR TO THEN FINALIZE FOR OTHER STAFF INCLUDING KEY STAFF. THIS PROCESS WAS LAST UNDERTAKEN IN FY2023. FORM 990, PART VI, SECTION C, LINE 19 THE ORGANIZATION MAKES ITS FORM 990 AVAILABLE FOR PUBLIC INSPECTION AS REQUIRED UNDER SECTION 6104 OF THE INTERNAL REVENUE CODE. THE RETURN IS POSTED ON GUIDESTAR.ORG (DBA CANDID), ON FAC'S WEBSITE AND OTHER RELEVANT WEBSITES. IN ADDITION, THE FINANCIAL STATEMENTS, CONFLICT OF INTEREST POLICY, ARTICLES OF INCORPORATION AND BY-LAWS ARE ALSO AVAILABLE UPON WRITTEN REQUEST OR BY CALLING THE ORGANIZATION DIRECTLY. FORM 990, PART XII, LINE 2C: THE ORGANIZATION HAS A COMMITTEE THAT ASSUMES RESPONSIBILITY FOR OVERSIGHT OF THE AUDIT OF ITS FINANCIAL STATEMENTS AND SELECTION OF AN INDEPENDENT ACCOUNTANT. THIS PROCESS DID NOT CHANGE FROM THE PRIOR YEAR. 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