PLEASE VOTE ON AMENDING THE OPA GOALS
Dear OPA Founding Member:
Members Eligible to Vote
In OPA's formative period you established yourself as a Founding Member by voting on the Goals which OPA should pursue as a trade organization. Those existing forum members who neglected to vote on the Goals did not become Founding Members, and no other names have been added after the list was announced on December 5, 2002.
IRS Application
OPA submitted its application to the IRS for approval as a 501(c)(6) organization in early May, 2005. A reviewer was not assigned until December. We did not submit the entire list of Goals for IRS approval; however, we were required to supply any printed materials we had ever used, as well as our website address, and therefore the OPA Goals became part of the review.
We were asked for one set of explanations after the initial submission, but the delays between communications have been very long despite our persistence. We attempted to maintain all Goals as approved by the members; however, when it came down to the wire, the reviewer informed us that we must agree to drop two of them and explain a third, which we were asked to do by way of a fax on June 7, which stated the following:
"The OPA will not operate a quarantine facility. We will not organize or operate a buyer's union. Any advertising we might place will promote the organization and the profession, not the individual members."
Request for Your Vote
We are now requesting your vote to modify the Goals so we can continue to list them on the website and in publications without conflict with our IRS approval.
1. PLEASE VOTE TO SET ASIDE THIS GOAL AS THE OPA IS NOT PERMITTED TO PURSUE IT UNDER IRS GUIDELINES.
"To obtain a quarantine facility for use by organization members to import birds to be used for propagation purposes
in order to enhance the genetic pool of existing species and to aid in the propagation of threatened and endangered
species for future generations."
Explanation:
Could not be approved because it implies that individual members would benefit unfairly, and/or that it is a for-profit venture. We explained in March that the reason for the phrase "by organization members" was due to current government regulations concerning importation, whereas the support of an exisiting trade organization would be beneficial to receiving government approval. We may be able to revisit this goal at a later time, if there is sufficient interest, and we are able to approach it from a perspective which would better satisfy the IRS.
2. PLEASE VOTE TO SET ASIDE THIS GOAL AS THE OPA IS NOT PERMITTED TO PURSUE IT UNDER IRS GUIDELINES.
"To form buying unions or groups in order to secure preferential pricing on goods, services and insurance."
Explanation:
Although the IRS asked us to drop this from this list of Goals, it appears that we have some leeway to pursue this in
a different manner. Essentially, we were told that the IRS doesn't want to know about this activity. It was noted that
the OPA must not itself act as purchaser and that we should not advertise this goal, as it could imply price fixing or
other activities which would profit only some members.
In an earlier telephone conversation, however, we were told that it will be permissible for OPA members to receive
merchandise discounts from other members, as well as general suppliers and manufacturers, and that we are permitted to
advertise this, although it should not be stated that discounts are "the" reason to join the OPA, which would imply that one of OPA's purpose was for personal profit.
3. NO VOTE IS REQUIRED CONCERNING THE ADVERTISEMENT OF MEMBERS. CLARIFICATION WAS NECESSARY, BUT IT WAS NOT REQUIRED TO CHANGE OR ELIMINATE THIS GOAL. FOR YOUR INFORMATION ONLY:
"To actively seek to influence the pet industry through advertisement, so that they utilize Organization members as their primary source of birds."
We were asked to clarify this goal by saying we would not place the names of individual members in these advertisments. The example given was that it is permissible for the Washington Apple Growers to advertise Washington Apples, but must not place advertisements suggesting the public buy apples from a particular grower. Conversely members may themselves advertise that they belong to the OPA.
1. (Quarantine station - agree to set aside the Goal)
Yes _____ No _____ Abstain ______
2. Buyers' Union - agree to set aside the Goal)
Yes _____ No _____ Abstain ______
Member Name:
Following the tally of the votes, the BOD will announce the results to those who returned their votes. Thank you for your prompt attention.