[Vote to approve 2014 Executive Director Contract]

Attached is the contract in pdf format --Steve

Look just above this message to see the voting box. 

To vote, click in the response of your choice (yes, no, abstain) and then hit "Vote"

Deadline is Wednesday, January 1st at 9:24 AM

[Re: Consider 2014 Executive Director Contract language]

I vote no on the contract for three reasons.
1. I do not see a mechanism to amend the motion or have discussion.
2. The proposed contract requires FNPS to pay $3,333.33 monthly ($40K /12 months) no matter the amount of hours. The proposed contract does not require 1000 hours and there is no minimum # of hours required. If there is a dispute, we still have to pay the monthly amount and there is a stipulated 2% late payment after 30 days of receipt of invoice (see ED Contract Pages 1 and 2 of 7). We do not compensate any other contractors without on these terms.

The Florida Wildflower Foundation’s (FWF) experienced an issue of employee vs. contractor.  The IRS essentially audited FWF about two years ago and in their opinion the director did not meet the requirements to be a contractor.  The IRS was not clear on any specifics that caused them to reach this position. FWF was fined $5,600 for non-compliance. An attorney estimated to the cost to fight the ruling at $30,000. The FWF decided not to fight it.

US IRS Pub. 15A How the business pays the worker is one of the IRS sticky points. Employees are generally guaranteed regular payments.

SUGGESTION: Contractor is paid for services when delivered in progress made toward task and/or completion of task as all other FNPS contractors. Not-to-Exceed $40,000 (1000 hours at $40/hr)

3. Contractor is required to provide electronically quarterly summary data of membership demographics (fee $2,080 see Page 6 of 7).  This would duplicate the Administrative Services contract for membership services and reporting already paid by FNPS. In 2014, about $34,000 will be paid to contractors and to the membership database management software DonorPerfect® to manage a database of about 2,800 members. This does not make financial sense.

SUGGESTION:  Use the $2,080 for grant writing/fundraising.

I'm old fashioned. I believe one should get paid for work done. I believe the contract terms could be adjusted to be more favorable to FNPS and to be fair to all contractors. We spend more than $96,000 (45%) on contract services, the more we gear service to accomplishing FNPS mission the better.
Happy Holidays to all, Kim Zarillo FNPS Treasurer

[Re: Vote to approve 2014 Executive Director Contract]

I am not sure my vote was recorded.  Please write the instructions for the voting process on this forum topic to assist in voting. Thanks, Anne

[Re: Vote to approve 2014 Executive Director Contract]

Click on either yes, no, or abstain.  Votes will be visible on Saturday when voting session ends.

[Re: Vote to approve 2014 Executive Director Contract]

I vote no on the contract for three reasons.
1. I do not see a mechanism to amend the motion or have discussion.
2. The proposed contract requires FNPS to pay $3,333.33 monthly ($40K /12 months) no matter the amount of hours. The proposed contract does not require 1000 hours and there is no minimum # of hours required. If there is a dispute, we still have to pay the monthly amount and there is a stipulated 2% late payment after 30 days of receipt of invoice (see ED Contract Pages 1 and 2 of 7). We do not compensate any other contractors without on these terms.

The Florida Wildflower Foundation’s (FWF) experienced an issue of employee vs. contractor.  The IRS essentially audited FWF about two years ago and in their opinion the director did not meet the requirements to be a contractor.  The IRS was not clear on any specifics that caused them to reach this position. FWF was fined $5,600 for non-compliance. An attorney estimated to the cost to fight the ruling at $30,000. The FWF decided not to fight it.

US IRS Pub. 15A How the business pays the worker is one of the IRS sticky points. Employees are generally guaranteed regular payments.

SUGGESTION: Contractor is paid for services when delivered in progress made toward task and/or completion of task as all other FNPS contractors. Not-to-Exceed $40,000 (1000 hours at $40/hr)

3. Contractor is required to provide electronically quarterly summary data of membership demographics (fee $2,080 see Page 6 of 7).  This would duplicate the Administrative Services contract for membership services and reporting already paid by FNPS. In 2014, about $34,000 will be paid to contractors and to the membership database management software DonorPerfect® to manage a database of about 2,800 members. This does not make financial sense.

SUGGESTION:  Use the $2,080 for grant writing/fundraising.

I'm old fashioned. I believe one should get paid for work done. I believe the contract terms could be adjusted to be more favorable to FNPS and to be fair to all contractors. We spend more than $96,000 (45%) on contract services, the more we gear service to accomplishing FNPS mission the better.
Happy Holidays to all, Kim Zarillo FNPS Treasurer

1.  We agreed at the BOD meeting that this would be voted online.  The year is almost over, and this needs to be decided upon.  There has been exhaustive discussion to the point.  I created a subcommittee to review contracts, all contracts have been through committee, the majority of the committee approved this contract.  You certainly have the right to vote however you wish, but realize that this format of payment was already approved by the committee you were on back in October/November. 

2.  This format of payment has been that way for years, preceding our current ED.  We have not had any true incidents where the ED has not accomplished her/his work in the time frame being paid, if anything the ED has worked more than the allotted hours.  This format ensures that work is spread out through the year.  And can be treated as a "retainer" style contract.  Since the new contract is deliverable based, as was decided upon by member such as yourself, this format protects us from the deliverables being conducted all at once.  Since this contract is now deliverable based, it should help thwart some of the potential dangers of the ED relationship as an employee. The payment schedule should be re-assessed next time, but not now.
3.  The types of things the ED would work on regarding analyzing the database, and fixing appending information to it, are different from what Administrative Services does, many of which enable our fundraising ability. 

I feel that I and other members of the contracts review committee have been accommodating.

[Re: Vote to approve 2014 Executive Director Contract]

Traditionally, this is the week that people travel to be with family for Christmas.  Not the best time to have a Board Vote...... Some may not even read the email notification until after the deadline.

[Re: Vote to approve 2014 Executive Director Contract]

Steve,
Please do not consider pointing out proper non-profit processes and protecting FNPS "drama".  These are credible and important issues Kim is raising.  I think it is a disservice to not appreciate the work that goes into serving as FNPS Treasurer. 

[Re: Vote to approve 2014 Executive Director Contract]

I never received the email to vote on the contract.  Was it sent to all Board Members and Chapter Reps.  It should be sent out again to all Board Members.  I presume the system will not let anyone vote more that once. 

What is the deadline for voting?

[Re: Vote to approve 2014 Executive Director Contract]

Deadline is now Wednesday January 1st at 9:24 AM

[Re: Vote to approve 2014 Executive Director Contract]

Karina, you may be right, alas I was hoping to get it done before the end of the year.  Please realize that we are now without a VP for Admin, and I am serving in that role until I can find a replacement.  We need a quorum for the vote to count, and that is currently around 19 votes.

[Results from Vote to Approve 2014 Executive Director Contract]

Results are listed in the topic below, however I wish to notify the BOD, and this is the easiest way to do so.  A total of 18 votes took place between December 21st, 2013 and January 1st, 2014.  At most the  FNPS BOD currently consists of 54 members, therefore a quorum was reached (1/3 of the BOD present as is a condition of the current bylaws).  Results are eleven in favor, and seven against.  The contract has been approved by a majority of voters, and will be signed ASAP. 

For those of you who had a tough time voting, be sure and sign in to the forum before any future votes. Passwords may be obtained from Shirley Denton.  We will do this again most likely when voting on the  Palmetto Award winners and other business.