The Burkitt Foundation

“The burkitt foundation has a nine person board of directors of which four of the nine are appointed by the bishop of the diocese of el paso, the archbishop of the archdiocese of galveston-houston, the archbishop of the archdiocese of san antonio, and the director of the texas catholic conference. An additional four of the nine directors are appointed by epcf. The ninth member is nominated by 2 of the clergy board members and 2 of the epcf members.”

“Pursuant to the amended bylaws of the burkitt foundation and the supporting organization agreement between the burkitt foundation and the epcf, certain amendments of and modifications to the organizational documents of the burkitt foundation and the supporting organization agreement may only be made with the approval of epcf and proper notice to the charitable trusts section of the office of the attorney general of the state of texas.”

“The burkitt foundation's board of directors reviews the draft form 990 and the final form 990 and accepts the filing of the form 990 by motion duly adopted.”

“The burkitt foundation has a written conflict of interest policy. Officers and directors are required to file biographical information and supplemental information forms annually. Each officer and director is required to disclose other positions held as officers, directors, partners, managers, or fiduciaries in other business organizations, charitable organizations, and organizations doing business with the foundation. They are also required to disclose any potential conflict of interest which is then addressed by the remaining board members.”

“Form 990, part vi, sec. B, line 15: there is no process for determining management, director or officer compensation because there are no employees and no compensation is paid to officers or directors of the burkitt foundation.”

“Pursuant to article 1396-2.23a of the texas nonprofit corporation act, if the burkitt foundation receives a request to inspect or copy its form 990, it will allow the person making the request to inspect and /or copy the record during regular business hours at the location where such records are kept. Depending on the number of copies requested, the burkitt foundation may charge a reasonable fee for copying. The burkitt foundation does not routinely make its non-public governing documents available to the public for inspection. The restated articles of incorporation are a public document and a copy can be obtained from the texas secretary of state. Burkitt's bylaws, conflict of interest policies, and its agreement with el paso community foundation are not public documents. However, if a request is received from a person or entity to inspect or copy such a document, the request will be reviewed by the board of directors and a determination will be made.”

“The burkitt foundation board of directors assumes responsibility for the oversight of the audit of its financial statements and selection of an independent accountant. Schedule a, part i, line 12: the burkitt foundation has previously self reported as a type iii supporting organization. As previously disclosed in the burkitt foundation's forms 990 since 2009, pursuant to a mediated settlement agreement, the organizational structure of the burkitt foundation requires the bishop of the diocese of el paso, the archbishop of the archdiocese of galveston-houston, the archbishop of the archdiocese of san antonio and the director of the texas catholic conference to each appoint 1 of the 9 burkitt foundation directors. Four of the 9 burkitt foundation directors are appointed by epcf. The burkitt foundation has since received a determination letter from the internal revenue service dated june 25, 2019 but effective january 1, 2019, which determined that the burkitt foundation is a type i supporting organization pursuant to the requirements of section 509(a)(3) of the code.”