Charity Review

Issued: September 2013 Expires: May 2015

Statue of Liberty-Ellis Island Foundation

Standards
Not Met
212-561-4500 17 Battery Place #210
New York, NY 10004
www.statueofliberty.org, www.ellisisland.org

Conclusions


Statue of Liberty-Ellis Island Foundation (Foundation) does not meet the following Standard for Charity Accountability.

Standard 10: Ending Net Assets - Avoid accumulating funds that could be used for current program activities. To meet this standard, the charity's unrestricted net assets available for use should not be more than three times the size of the past year's expenses or three times the size of the current year's budget, whichever is higher.

Foundation does not meet this Standard because:

  • According to its audited financial statements for the fiscal year ending March 31, 2012, the organization's total unrestricted net assets were $35,428,814, or 5 times the charity's total budgeted expenses of $7,669,226.
Statue of Liberty-Ellis Island Foundation (Foundation) meets the remaining 19 Standards for Charity Accountability.

Purpose

Year, State Incorporated: 1982, Delaware

Affiliates: None

Stated Purpose: "to restore and preserve the Statue of Liberty National Monument, which includes, in addition to the Statue itself, Ellis Island and the Museum of Immigration; custody and control of records, relics and other items of historical interest related to the Statue of Liberty and the millions of immigrants who entered the United States via Ellis Island; to foster, promote and stimulate public knowledge of and interest in the history of the Statue of Liberty and Ellis Island."

Programs


The Foundation's public awareness and education programs include projects such as publications on immigration and migration and how to research immigrants to the United States. The organization's "Ellis Island Family Heritage Awards" is an annual event which honors a select number of Ellis Island immigrants or their descendants. The Foundation's The Peopling of America Award celebrates the life and work of individuals who immigrated to America at another time and/or through a different entry point than the Port of New York and Ellis Island. Under an agreement with the National Park Service the Foundation is authorized to operate a self-guided audio tour program for the Statue of Liberty and Ellis Island produced by Antenna International and available in nine languages. The organization reports that in 2012 approximately 345,000 visitors were provided audio tours. The American Family Immigration History Center (AFIHC) at Ellis Island operates an electronic database that provides access to information from the passenger manifests on the 25 million immigrants, passengers and crew members that entered the United States through the Port of New York/Ellis Island. The Foundation is planning The Peopling of America Center program, an expansion of the Ellis Island Immigration Museum, which will tell the story of those who arrived to America from its earliest days before the Ellis Island era as well as those who came Post Ellis. The Foundation also works to provide restoration and preservation of facilities on Ellis Island and Liberty Island. Projects funded included repair and rehabilitation of exhibits and audio visual media throughout the museums' exhibits and theaters.

For the fiscal year ended March 31, 2012, Foundation's program expenses were:

  
The Peopling of America Center 2,451,850
American Family Immigration History Center 2,019,215
Public awareness and education 734,936
Restoration and Preservation 101,828
Total Program Expenses: $5,307,829

Governance & Staff


Chief Executive : Stephen Briganti, President
Compensation*: 
$342,983

Highest Paid Executive: Gary E. Kelley, Senior VP, Secretary-Treasurer
Compensation*: $425,165

Chair of the Board: Paul Weaver
Chair's Profession / Business Affiliation: Former Vice Chairman, PricewaterhouseCoopers, LLP

Board Size: 19

Paid Staff Size: 53

*2011 compensation includes annual salary and, if applicable, benefit plans, expense accounts, and other allowances.

Fund Raising


Method(s) Used:

Direct mail, grant proposals, Internet appeals, and membership appeals.
Fund raising costs were 21% of related contributions. (Related contributions, which totaled $3,043,634, are donations received as a result of fund raising activities.)

Tax Status


This organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code. It is eligible to receive contributions deductible as charitable donations for federal income tax purposes.

Financial


The following information is based on Foundation's audited financial statements for the fiscal year ended March 31, 2012.

Source of Funds  
Contributions 3,043,634
Audio tours 907,834
American Family Immigration History Center sales 899,468
Investment income 812,700
Licensing, royalties and ticket sales 299,877
Miscellaneous income 600
Total Income $5,964,113


chart



Uses of Funds as a % of Total Expenses

Programs: 77%  Fund Raising: 9%  Administrative: 14% 

Total income $5,964,113
Program expenses $5,307,829
Fund raising expenses 648,674
Administrative expenses 974,756
Total expenses $6,931,259
Expenses in Excess of Income (967,146)
Beginning net assets 37,415,802
Ending net assets 36,448,656
Total liabilities 1,508,883
Total assets $37,957,539


An organization may change its practices at any time without notice. A copy of this report has been shared with the organization prior to publication. It is not intended to recommend or deprecate, and is furnished solely to assist you in exercising your own judgment. If the report is about a charity and states the charity meets or does not meet the Standards for Charity Accountability, it reflects the results of an evaluation of information and materials provided voluntarily by the charity. The name Better Business Bureau is a registered service mark of the Council of Better Business Bureaus, Inc.

This report is not to be used for fund raising or promotional purposes.

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Standard 1: Oversight of Operations and Staff

Description:

Organizations shall have a board of directors that provides adequate oversight of the charity's operations and its staff. Indication of adequate oversight includes, but is not limited to, regularly scheduled appraisals of the CEO's performance, evidence of disbursement controls such as board approval of the budget, fund raising practices, establishment of a conflict of interest policy, and establishment of accounting procedures sufficient to safeguard charity finances.

The organization meets this standard.

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Standard 2: Number of Board Members

Description:

Soliciting organizations shall have a board of directors with a minimum of five voting members.

The organization meets this standard.

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Standard 3: Frequency and Attendance of Board Meetings

Description:

An organization shall have a minimum of three evenly spaced meetings per year of the full governing body with a majority in attendance, with face-to-face participation. A conference call of the full board can substitute for one of the three meetings of the governing body. For all meetings, alternative modes of participation are acceptable for those with physical disabilities.

The organization meets this standard.

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Standard 4: Compensated Board Members

Description:

Not more than one or 10% (whichever is greater) directly or indirectly compensated person(s) serving as voting member(s) of the board. Compensated members shall not serve as the board's chair or treasurer.

The organization meets this standard.

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Standard 5: Conflict of Interest

Description:

No transaction(s) in which any board or staff members have material conflicting interests with the charity resulting from any relationship or business affiliation. Factors that will be considered when concluding whether or not a related party transaction constitutes a conflict of interest and if such a conflict is material, include, but are not limited to: any arm's length procedures established by the charity; the size of the transaction relative to like expenses of the charity; whether the interested party participated in the board vote on the transaction; if competitive bids were sought and whether the transaction is one-time, recurring or ongoing.

The organization meets this standard.

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Standard 6: Board Policy on Effectiveness

Description:

Have a board policy of assessing, no less than every two years, the organization's performance and effectiveness and of determining future actions required to achieve its mission.

The organization meets this standard.

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Standard 7: Board Approval of Written Report on Effectiveness

Description:

Submit to the organization's governing body, for its approval, a written report that outlines the results of the aforementioned performance and effectiveness assessment and recommendations for future actions.

The organization meets this standard.

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Standard 8: Program Service Expense Ratio

Description:

Spend at least 65% of its total expenses on program activities.

The organization meets this standard.

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Standard 9: Fund Raising Expense Ratio

Description:

Spending should be no more than 35% of related contributions on fund raising. Related contributions include donations, legacies, and other gifts received as a result of fund raising efforts.

The organization meets this standard.

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Standard 10: Ending Net Assets

Description:

Avoid accumulating funds that could be used for current program activities. To meet this standard, the charity's unrestricted net assets available for use should not be more than three times the size of the past year's expenses or three times the size of the current year's budget, whichever is higher.

Foundation does not meet this Standard because:

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Standard 11: Financial Statements

Description:

Make available to all, on request, complete annual financial statements prepared in accordance with generally accepted accounting principles. When total annual gross income exceeds $500,000, these statements should be audited in accordance with generally accepted auditing standards. For charities whose annual gross income is less than $500,000, a review by a certified public accountant is sufficient to meet this standard. For charities whose annual gross income is less than $250,000, an internally produced, complete financial statement is sufficient to meet this standard.

The organization meets this standard.

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Standard 12: Detailed Functional Breakdown of Expenses

Description:

Include in the financial statements a breakdown of expenses (e.g., salaries, travel, postage, etc.) that shows what portion of these expenses was allocated to program, fund raising, and administrative activities. If the charity has more than one major program category, the schedule should provide a breakdown for each category.

The organization meets this standard.

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Standard 13: Accuracy of Expenses in Financial Statements

Description:

Accurately report the charity's expenses, including any joint cost allocations, in its financial statements. For example, audited or unaudited statements which inaccurately claim zero fund raising expenses or otherwise understate the amount a charity spends on fund raising, and/or overstate the amount it spends on programs will not meet this standard.

The organization meets this standard.

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Standard 14: Budget

Description:

Have a board-approved annual budget for its current fiscal year, outlining projected expenses for major program activities, fund raising, and administration.

The organization meets this standard.

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Standard 15: Misleading Appeals

Description:

Have solicitations and informational materials, distributed by any means, that are accurate, truthful and not misleading, both in whole and in part. Appeals that omit a clear description of program(s) for which contributions are sought will not meet this standard. A charity should also be able to substantiate that the timing and nature of its expenditures are in accordance with what is stated, expressed, or implied in the charity's solicitations.

The organization meets this standard.

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Standard 16: Annual Report

Description:

Have an annual report available to all, on request, that includes: (a) the organization's mission statement, (b) a summary of the past year's program service accomplishments, (c) a roster of the officers and members of the board of directors, (d) financial information that includes (i) total income in the past fiscal year, (ii) expenses in the same program, fund raising and administrative categories as in the financial statements, and (iii) ending net assets.

Foundation does not meet this standard because the 2012 annual report did not include:

The organization meets this standard.

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Standard 17: Web Site Disclosures

Description:

Include on any charity websites that solicit contributions, the same information that is recommended for annual reports, as well as the mailing address of the charity and electronic access to its most recent IRS Form 990.

The organization meets this standard.

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Standard 18: Privacy for Written Appeals & Internet Privacy

Description:

Address privacy concerns of donors by (a) providing in written appeals, at least annually, a means (e.g., such as a check off box) for both new and continuing donors to inform the charity if they do not want their name and address shared outside the organization, (b) providing a clear, prominent and easily accessible privacy policy on any of its websites that tells visitors (i) what information, if any, is being collected about them by the charity and how this information will be used, (ii) how to contact the charity to review personal information collected and request corrections, (iii) how to inform the charity (e.g., a check off box) that the visitor does not wish his/her personal information to be shared outside the organization, and (iv) what security measures the charity has in place to protect personal information.

The organization meets this standard.

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Standard 19: Cause Related Marketing

Description:

Clearly disclose how the charity benefits from the sale of products or services (i.e., cause-related marketing) that state or imply that a charity will benefit from a consumer sale or transaction. Such promotions should disclose, at the point of solicitation: (a) the actual or anticipated portion of the purchase price that will benefit the charity (e.g., 5 cents will be contributed to abc charity for every xyz company product sold), (b) the duration of the campaign (e.g., the month of October), (c) any maximum or guaranteed minimum contribution amount (e.g., up to a maximum of $200,000).

The organization meets this standard.

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Standard 20: Complaints

Description:

Respond promptly to and act on complaints brought to its attention by the BBB Wise Giving Alliance and/or local Better Business Bureaus about fund raising practices, privacy policy violations and/or other issues.

The organization meets this standard.

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