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March 11th, 2014

Dear Terry Russell, Executive Director of the National Alliance on Mental Illness for the State of Ohio (NAMI Ohio):

I am writing you today to follow up with my previous requests for NAMI Ohio’s 2012 FYE IRS Form 990 Schedule O conflict-of-interest policy and upcoming NAMI Ohio Board of Directors’ meeting schedule.

NAMI OHIO’S FAILURE TO RESPOND TO 501(C)(3) INFORMATION REQUESTS:

To-date, I have submitted the following requests for information to NAMI Ohio’s board and leadership team:

  1. 2/24/2014 — request submitted to NAMI Ohio Board of Directors for upcoming board meeting schedule;
  2. 2/24/2014 — request submitted to NAMI Ohio Associate Executive Director Betsy Johnson for upcoming board meeting schedule;
  3. 2/27/2014 — request submitted to NAMI Ohio Executive Director Terry Russell for conflict-of-interest policy and board meeting schedule;
  4. 2/28/2014 — request submitted to NAMI Ohio Associate Executive Director Betsy Johnson for conflict-of-interest policy and board meeting schedule, in my email response to Ms. Johnson’s “slander” accusation; and
  5. 3/5/2014 — request submitted to NAMI Ohio Associate Executive Director Betsy Johnson for conflict-of-interest policy and board meeting schedule, to be provided at the 3/8/2014 PAIMI Council meeting.

As you may or may not know, I now sit on the Disability Rights Ohio PAIMI Advisory Council.  I would like to make clear, this communication is not submitted in my capacity as a Council Member; but rather, on my own autonomous behalf, as attorney and advocate for the mentally-ill.

Almost two weeks have passed now Mr. Russell, since I requested from you specifically, NAMI Ohio’s upcoming board meeting schedule and conflict-of-interest policy.  Ms. Johnson was not present at the PAIMI Council meeting this past Saturday to provide the information, and I have not yet otherwise received any response from this organization that you lead.

QUESTION AS TO NAMI OHIO’S “LOBBYING ACTIVITY” AS REPORTED ON ITS 2012 FYE IRS FORM 990:

Since your failure to respond has now caused me to initiate communication with you again—I would like to take the opportunity to inquire into another matter relating to NAMI Ohio’s 2012 FYE Form 990 which you filed with the IRS on 2/5/2013.

Namely, you reported on section IV line 4 that NAMI Ohio did not engage in lobbying activities for its fiscal year running 7/1/2011 through 6/30/2012.  This conclusion seems inconsistent though, noting the Ohio Attorney General’s “Summary of Input from Interested Parties on SB 350 (Now SB 43)” stating, “The National Alliance on Mental Illness of Ohio (NAMI Ohio) was significantly involved with the development of the content of this proposed legislation.”

As you know, SB 350 was introduced on 5/23/2012, just before NAMI Ohio’s 2011/12 fiscal year end on 6/30/2012.

Now, I am not a tax accountant Mr. Russell—but I do have an extensive background in fiduciary accounting as it relates to fiduciary misconduct matters in trusts, guardianships and estates.  Accordingly, upon review of the pertinent documentation, it seems NAMI Ohio’s 2012 FYE Form 990 may warrant further investigation by an appropriate tax professional; most notably as to NAMI Ohio’s 2011/12 lobbying activities, and any effect said activity would have on NAMI Ohio’s 2011/12 501(c)(3) IRS filing status.

CONTINUING INFORMATION REQUEST:

In closing, I would greatly appreciate if you would provide me with NAMI Ohio’s upcoming Board of Directors’ meeting schedule and conflict-of-interest policy at this time.

If you have any questions, please don’t hesitate to ask.

Very Truly Yours,

Marissa K. Varcho

Attorney at Law