Why a Local Group Charter?

     Lawyers: You need a charter.
     AMC: The lawyers said we need a charter-- Robin, go make one!
     Robin to AMC: Here ya go, how's this?
     Robin to LocSecs: Here's what the AMC will be voting on--
                                     would you like to give a bit of feedback first?
     LocSecs and AMC: Um... why do we need a charter?

(To see a copy of the proposed Charter template, download the pdf from my public folder.)

Everyone is asking why is this necessary. Three times the AMC as a whole decided Mensa needs this, so I am doing it. Why did they decide they needed it? Why is it up to me, the implementor of the AMC's wish, to be the one to now defend the rationale for doing it?

Here's what I know:

1) I have in my hands a copy of a memo from Clif McCann to the AMC dated March 19, 2005. It is marked confidential, but I suppose it is safe to tell you that in this memo he stresses the need for formal, written clarification of the relationships between AML and its Local Groups.

2) In July, 2005, the explanation given when forming the first incarnation of a charter committee (Marghretta as chair) was: EXPLANATION: It has been recommended by legal counsel that the AMC address the clarification of the relationships between AML and its local groups. Nowhere are American Mensa's groups formally listed: not on our 990 tax return, not in our Bylaws, Constitution or even our ASIEs. Reference is made to them, but they are not delineated. and DISCUSSION: MCBEAN said this was brought up by our outgoing interpretive counsel. This has a lot of legal implications we should address. Most organizations that are umbrella organizations such as ours that have groups list the names of the groups; ours does not. CRAWFORD said there are tax changes coming for some of the larger local groups and we need to help them deal with that.

3) In September, 2007, the committee was formed again, with Leah as chair. That time, EXPLANATION: There was an ad hoc Local Group Charter Review Committee last term. The AMC did not adopt the Committee's recommendations. The Committee is being re-established to continue this important project. DISCUSSION: none-- it was on the consent agenda.

4) In 2008, I attended a legal seminar about the new 990 reporting requirements for non-profits. Most of it went over my head, of course, but what struck me is that we must now include many pages of descriptions about he structure, nature, purpose, and processes of our organization. Digging up my notes, I see that I wrote: "Local Groups will need to follow the purposes of the organization and AML needs to be able to document that they are, or we'll get in trouble with the IRS." This backs up the requests from our accountants to please get something formal, in writing, that defines what a Local Group is and how it relates to AML.

5) In July, 2008, this third incarnation of a charter task force, which I am chairing, was formed by the AMC. The charge to me was: "The charge of this committee shall be to codify the relationship between AML and its Local Groups." It was on the consent agenda, and no explanation or discussion was included.

6) I have seen the letters from the auditors in which they remind us, every year, that we really should have a clearly defined relationship with the groups. It was on yellow paper. I have not been able to find that memo on my desk.

7) Do we have all the rules and expectations already written down somewhere? Yes, sure,- but it's a mishmash of bylaws and ASIEs and appendices and handbooks. Two pages are much easier to read; much easier to staple to a 990 form.

8) LocSecs obviously don't get trained about how their group fits with the greater organization. This document makes it clear. A good thing, when we have long-time, involved members screaming that they never knew that the AMC could make and enforce rules for them.

9) Even we use the term "Local Group" without really sharing a meaning. When you write in your campaign statement "Local Groups are the life blood of Mensa," do you meant the four or five volunteers of the Excomms or do you meant the members in general? When you say(in reaction to an earlier draft of the charter) "Local Groups have 30 days to comply" (not the words of the draft, btw-- that was fear-mongering propaganda) do you mean the specific volunteer who has to get his act together and start producing a newsletter more often or do you mean that Mille Member has to.. um... something?

10) Lori Norris (RVC1, on the Charter Task Force, and a lawyer in real life) wrote: Why a Charter? A charter: 1) grants legal authority to use the name and logo of Mensa (pursuant to guidelines, of course); 2) grants legal authorization for the group to use AML's not-for-profit status (The IRS will recognize a group of organizations if they are affiliated with a central organization which prevents each group from applying for 501(c)(4) status. Current regulations require an applying organization to provide a uniform governing instrument such as a charter. Knowing the IRS someday they will look backwards.); 3) codifies the relationship between AML and the Local Group; and 4) many times I have heard that the AMC should be proactive and not just reactive – so we're being proactive and dealing with an issue before it becomes a problem (and look at all the flak Robin gets for spearheading it). And why not a charter? The charter does not create any new obligations on the Local Group, merely sets forth in a simple document the existing obligations.