Standard 1: Oversight of Operations and Staff - 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.
AFCA does not meet this Standard because:
- In the Alliance's opinion, the organization lacks adequate board oversight. According to a consent agreement from the Commonwealth of Pennsylvania, AFCA's 2008 IRS Form was submitted without certain material information such as proper disclosures regarding related party transactions and compensation from related organizations (See section on government action). The Alliance believes that the board of directors is responsible for reviewing financial filings and the fact that these omissions were not discovered beforehand shows a lack of sufficient oversight.
Charity's response:
AFCA has indicated that, "In October 2009, the American Foundation for Children with AIDS was cited by the Commonwealth of Pennsylvania for several infractions that violated code issues related to the oversight of charitable organizations. The Commonwealth of Pennsylvania, adhering to the letter of the law, fined AFCA $4000 for failure to properly report various items on our State report, as well as the specific accusation charging AFCA with supplying "material false statements", which we vehemently rejected then and do so today.
Unfortunately, AFCA's naivety in relying solely on the expertise of the accounting firm, and as such, our failure to appropriately oversee this service provider’s work related to the preparation of the State report, left us with little choice but to sign the consent agreement and order provided by the Commonwealth of Pennsylvania. Our only other option, to engage in a long, expensive legal battle, would have drained us of critical financial resources and put at risk the various programs we support in Sub-Saharan Africa. Consequently, the Board of Directors made the extremely difficult decision to accept the consent order.
It should be noted that the accounting firm that prepared the errant filings which led to the violations, paid the entire fine."