From: Frank McCrady [mailto:fmccrady@emctx.com]
Sent: Friday, February 17, 2012 4:14 PM
To: Dobrott, Heather
Cc: David Marks; Leon Cubillas
Subject: RE: Earthquest Institute Information Request
Heather,
Earthquest Institute is a independent nonprofit corporation not under control of EMCID and as such neither I nor EMCID have access to its documents.
Frank F. McCrady
President/CEO
East Montgomery County Improvement District
P.O. Box 1019
New Caney, Texas 77357
281-354-4419
From: Dobrott, Heather [mailto:heather@dobrott.com]
Sent: Thursday, February 16, 2012 4:45 PM
To: leon.cubillas@att.net
Cc: Frank McCrady; Suzanne Parmer;
dmarks@marksrichardsonpc.com
Subject: Earthquest Institute Information Request
This request is made under the Texas Public Information Act, Section 552 of the Texas Government Code. In accordance with the law, which requires that the “Officer for Public Records shall promptly produce such information for inspection or duplication, or both, in the offices of the governmental body,”
The Texas Non Profit Corporation Act says:
Art. 1396-2.23A. FINANCIAL RECORDS AND ANNUAL REPORTS. A. A corporation shall maintain current true and accurate financial records with full and correct entries made with respect to all financial transactions of the corporation, including all income and expenditures, in accordance with generally accepted accounting practices.
B. Based on these records, the board of directors shall annually prepare or approve a report of the financial activity of the corporation for the preceding year. The report must conform to accounting standards as promulgated by the American Institute of Certified Public Accountants and must include a statement of support, revenue, and expenses and changes in fund balances, a statement of functional expenses, and balance sheets for all funds.
C. All records, books, and annual reports of the financial activity of the corporation shall be kept at the registered office or principal office of the corporation in this state for at least three years after the closing of each fiscal year and shall be available to the public for inspection and copying there during normal business hours. The corporation may charge for the reasonable expense of preparing a copy of a record or report.
D. A corporation that fails to maintain financial records, prepare an annual report, or make a financial record or annual report available to the public in the manner prescribed by this article is guilty of a Class B misdemeanor. |
Also certain disclosures are required by the IRS, therefore I respectfully request access to the following information:
All records of the Earthquest Institute or The Institute Earthquest that are required to be publicly available including, but not limited to financial records, records reflecting the activities of the charity as outlined on its website
EarthQuest Institute - Programs, a list of the currently active managers and board members of the Institute, information relating to Dr. Gardner’s proposal to house the Institute on EMCID property until it could be moved to the theme park, filings with the IRS or State of Texas and any other information concerning fundraising or activities of this charity.
Thank you for your kind help. Please make the records available to me via e-mail and or publication on the charity’s website.
Thank you,
Heather Dobrott
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