1. AFGE
Financial Officers Duties & Responsibilities How to Get Them Accomplished

2. Who Are The Financial Officers ?
President
Vice-President
Treasurer
Executive Board
Or individuals that make financial decisions or reviews for the Local
Audit Committee
Budget Committee

3. Goals of this Class To keep the Financial Officers out of Jail !!
Make the Financial Officer a financially savvy individual

4. General Responsibilities
A Local’s Financial Officer must have a strong sense of
responsibility. He or she is entrusted by the
Membership with the faithful performance of vital duties:
Safeguarding the property of the Local and its Members
Collecting and disbursing Local funds
Accurately recording all financial transactions
Reporting to Federal & State Government Agencies
Reporting to AFGE National

5. Fiduciary Responsibilities
Local Officers manage and handle funds which belong to the Local and its Members, they hold positions of trust known as “Fiduciary Positions”.
“Fiduciary Duties” are imposed upon Union
Officers by law:
These Federally-imposed “Fiduciary Duties” are set forth in Section 501 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), which provides that Union Officers must:

6. Fiduciary Responsibilities Under Section 501 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA)
Hold Union’s money and property solely for the benefit of the Union and its Members.
Manage, invest, and disburse funds and property only as authorized by the Union’s Constitution and By-Laws or by proper resolution of its Membership.
Refrain from financial or personal interests which conflict with those of the Union; account to the Union and pay to the Union any profits received from transacting Union business.
Union officials who violate these federally created fiduciary duties are subject to civil lawsuits in federal or state court for money damages or other appropriate relief. In addition, there are criminal penalties for embezzling or stealing Local property—fines up to $10,000, imprisonment for up to five years, or both.

7. AFGE Articles that Govern the Financial Officers
AFGE National Constitution

8. Article II Section 3 Independent Local Dues & Initiation Fees
The Local is an autonomous organization.
Article IV Section 1
Dues & Initiation Fees
Dues shall be established and adjusted as may be necessary to ensure that they allow adequate funds for the payment of Per Capita Tax and sufficient funds for the operating expenses of the Local.

9. Article V Section 2
Check Signing
The Treasurer shall sign and the President shall countersign checks covering proper expenditures for the Local. In the absence of these Officers, such other Officers as defined by the Local’s Bylaws may sign.
Article V Section 3
Bonding
The Officers, agents, shop stewards, employees or other representatives of the Local who handle funds or property of the Local shall be bonded.

10. Article V Section 4
Annual Audits
In order for the bond to be effective, the Local shall file an Annual Audit Report (to include a copy of the DOL LM Form and an approved Annual Budget) with the National Secretary Treasurer (NST).
Article V Section 5
Open Records
All books, records, and financial accounts shall be open to the inspection of the National Executive Council or any duly authorized representative.

11. Article VI Section 1(a) Local Officers
The general Officers shall be elected by the total Membership and shall
constitute the Executive Board and shall consist of the President,
Treasurer, Secretary and others as the Local’s bylaws may prescribe.

12. Article VI Section 3 Presidents Duties Filling in for the President
The President shall be the Executive Officer of the Local. He/she
shall exercise general supervision over the affairs of the Local and
insure that all other Officers comply with their responsibilities
and constitutional duties.
Filling in for the President
If the President is unable to perform his or her duties. The President
will delegate the responsibilities of the office based on the Local’s
Bylaws.

13. Article VI Section 5 Treasurer’s Duties
The Treasurer shall maintain a Bookkeeping System as prescribed by the
National Secretary-Treasurer. The Treasurer must make a financial
report at each regular meeting; keep an up-to-date roll of the Membership;
make monthly Membership changes (adds & drops); make address
changes and report such to the NST. Perform additional financial duties as
assigned.

14. Executive Board Duties
Article VIII Section 2
Executive Board Duties
It shall be the duty of the Executive Board to devise and initiate actions
that may be necessary in the interim between the Local’s meetings. All
actions shall be subject to Local approval.
Article VIII Section 3
Expenditures
Expenditures by the E-Board in excess of $500 per month must have
prior approval of the Membership, or be an approved budget item.. Any
expenditure authhorized by the E-Board must be reported in writing at the next
Membership meeting

15. Article VIII Section 4 Annual Budget
The Executive Board of the Local shall prepare an Annual Budget (subject
to the Membership's approval) insuring that revenues are sufficient to
meet its financial obligations.

16. What Agencies and Individuals must Financial Officers report to?
Internal Revenue Service (IRS)
Department of Labor (DOL)
Your Local Membership &
AFGE Headquarters

17. IRS Requirements
AFGE Locals are exempt from federal income taxes by the Internal Revenue Service by being a 501c (5) organization. AFGE’s Group Exemption Number is Generally AFGE Locals are not exempt from Sales Taxes.
Locals must pay employment taxes on salaries, lost time or annual leave reimbursements paid to their officers or members. The members receiving these types of payments must report the income and pay taxes.
Locals must report all income to the Internal Revenue Service whether it is taxable or not. The exemption from tax does not extend to all types of Local income. Certain types of income are taxable and must be reported to the IRS on form 990T.

18. When do I have to report to the IRS ?
A Local with Annual Gross Receipts over $25,000 must
file an “Annual Informational Return” with the IRS.
If your gross receipts are less then $100,000 you are required to file a Form 990EZ
If your gross receipts are greater than $100,000 you are required to file a Form 990
If they are less then $25,000 you need NOT FILE

19. When are the Form 990s Due ?
You must file the 990 or 990EZ Form by the 15th day of the 5th month, after your Local’s Year End. For a calendar year you will report on 5/15.
A Penalty of day up to $10,000 may be charged if the Form is filed late or an incomplete return is submitted.
You can get an extension of 3 months by submitting an IRS “Extension to File Form” 8868

20. Where do I get the IRS Forms?
You can get the forms from the IRS Web Site at :
When on the Web Site enter the Form you are looking for in the “Search Box” at the top of the screen. Example 990 or 990EZ or 8868
You may also go to the AFGE Web Site under
NST Financial Officers Resources and get the Forms

21. When is the Local an Employer and when must you pay Payroll Taxes?
Remember the Local is an Employer when it makes
payments to Officers, Stewards, Staff or others
to perform duties or services for the Local:
Salaries
Payment for Lost Time (LWOP)
Annual Leave Reimbursements
Stipends

22. IRS’s Description of an Employee
Here are several factors tending to indicate that an individual is an employee under tax law (only one need exist) :
The member’s compensation is measured by the hour, week, or month rather than by the job.
The member is required to perform the services personally, without the ability to delegate the task to somebody else.
There is a continuing working relationship between the member and the Local.
The Local supplies materials or facilities used by the member in performing the services, such as an office, office supplies, a telephone, etc.
The Local provides instructions or training to the member; and the member performs the services in question solely for the Local (and not for others).

23. Labor Department Reporting
The LMRDA requires Locals to file an “Annual Financial Report” with the U. S. Department of Labor.
If your Local has Gross Receipts of:
More than $250,000, you must file an LM-2 Report
Less than $250,000 and more then $10,000, you must file an LM-3 Report
Less than $10,000, you must file an LM-4 Report
DC Government Locals are not required to file a LM Report with DOL

24. When are the Labor Department Reports Due?
The LM Forms are due 90 Days after the Local’s
Year End
If you are on a Calendar Year this is 3/31
If you are on a Fiscal Year, it is 90 days from the close of your Year End

25. Where do I get Labor Department Forms ?
The best place is the Labor Department Web Site at :

26. Reporting to your Local Membership
The Financial Officers have a responsibility to
keep the Membership informed of:
All Income received by the Local (Dues and Other Income)
All Expenditures and Payments made on behalf of the Local
All Assets and Accounts held on behalf of the Local
The creating and reporting of Budget items allocated by the Local

27. Other Areas for Consideration & Responsibilities
Bonding Requirements for your Local
Retention of Documents and Other Items
Conducting Local Audits
Use of a Credit Card
Filing the AFGE Annual Audit Form 41
Completing the IRS 1099 requirements
Making Loans to Members

28. Bonding Requirements

29. Bonding Requirements for your Local
Bonding is a type of insurance policy that insures an organization
against financial loss caused by persons who handle the finances for the Local. The insurance policy is called a “bond”—often a “security bond” or “fidelity bond.”
Federal Labor Law requires bonding to protect Unions from financial losses caused by “fraudulent or dishonest acts” by Union Officers or Employees
All AFGE Locals are covered under a blanket bond and charged annually for the coverage
In order for your bond to be in effect you must conduct an Annual Audit and submit to AFGE “Annual Audit Form 41” with a copy of your LM Report and the approved Annual Budget attached.
The Labor-Management Reporting and Disclosure Act (LMRDA) establishes specific bonding requirements:

30. (LMRDA) Bonding Requirements
A bond, like any insurance policy, has a maximum recovery amount. Per the Department of Labor the bond must be equal to at least 10 percent of funds or property handled.
A quick formula for computing required coverage:
Funds Handled are:
Liquid Assets at start of year (Cash, Investments) + Annual Receipts for the year
* % = Amount of Coverage Required Funds Handled = $75,000
Bond Required = $7,500
AFGE recommends that your coverage be 100% of your total assets.

31. Retention of Documents and Other Important Items

32. Recommended Retention of Documents and other Items
General Local Files:
By-laws and Amendments Permanent
Correspondence Years
Election Records Years beyond the term of office
Local Memorandums of
Understanding Permanent
Minutes of Meetings Permanent
(Membership & E-Board)
Items that Document the
Local’s History Permanent

33. Recommended Retention of Documents and other Items
Local Membership Records
Dues Deduction Forms (1187, 1188, etc.) Years
EEO Case Files Years
Grievance Case Files Years
(MSPB) Case Files Years
Workers’ Compensation Case Files Years
Financial Records
Correspondence Years
IRS Forms Years
LM Forms Years
Financial Statements & Reports Permanent
Officer Bonds Permanent
Many of these Retentions are mandated by the Department of Labor and IRS

34. Conducting a Local Audit

35. AFGE Annual Audit
Each local is required to conduct an Audit at least once a year and make a certification using ”Annual Audit Certification - Form 41” to the National Secretary-Treasurer showing that an audit has been completed.
It is mandatory that you conduct an Audit:
At the close of each Year End
When there is a change in Financial Officers
Or when there is a suspicion of any wrong doing

36. Conducting Local Audits
Who should be on the Audit Committee or conduct the Audit:
Annual Internal Audit
The President should appoint an odd number of members (3-5) that do not have signature authority on any accounts
Annual External Audit
You may hire outside Accountants or Bookkeepers to perform the audit also
Monthly Audits by the Financial Officers
AFGE suggests that the Financial Officers conduct an audit of the Savings, Checking, Investment and Credit Card Account Statements on a monthly basis to insure that all items have been reconciled. A review of the checkbook and dues deduction listings is also recommended

37. Records Needed to Perform an Audit
Checkbook
Savings, Checking, and Investment Account Statements, Cancelled Checks, Deposit Slips, and Credit Card Statements
Dues Deduction Listings
Local Constitution and By-Laws
Minutes of Local Meetings
Minutes of E-Board Meetings
LM-2, LM-3, OR LM-4 Reports for Past Two (2) Years
IRS 990 for Past Two (2) Years
Annual Budgets
Prior Audit Committee Reports
Form W4’s for Past Two (2) Years (Payroll)
Current Financial Roster
Inventory of all Fixed assets (i.e.., Computer, Office Furniture)
Payroll Tax Returns, Forms 940, 941, W-2’s and 1099’s

38. RED Flag Items During an Audit
One Signature Checks
Pre-signed Checks by ONE OFFICER
Checks Written Out of Sequence
Checks Written to CASH
Checks written to INDIVIDUALS
Advance Payment of Salary to Employees
Unbalanced Checkbooks with no Deposit Records

39. Use of Local Credit Cards

40. Local Credit Cards
A Local cannot effectively conduct Financial Business without the use of a Credit Card, but there are some inherent problems with Credit Card usage.
How to avoid problems when using Credit Cards :
Credit Cards should be in the name of the Individual Local Officer
Monthly dollar amount limits should be placed on Credit Cards
No ATM or Debit capability should be allowed
Credit Cards are to be used for Local business only. No personal charges by an officer.
A Credit Card Statement should not be considered authorization for payment—You must provide receipts, hotel statements, vouchers, etc.
Use of a Credit Card should be defined in the Local’s Bylaws.

41. Taxable & Non-Taxable Payments to Officers and Members

42. Payments that are Not-Taxable
Business Related Expenses
When:
Expense is for union business
Detail vouchers are provided showing: time, place, and business purpose
Documentation is submitted in a timely manner
Any unused funds are returned to the organization
All 4 factors must be met or payment is Taxable

43. Payments that are Not-Taxable
Officer Allowances
When:
Expense is for union business
Expense vouchers are provided
Documentation is submitted in a timely manner
Any unused funds are returned to the organization
All 4 factors must be met or payment is Taxable

44. Payments that are Not-Taxable
Reimbursed Travel Expenses
When:
Expense is for union business
Expense vouchers are provided showing: time, place, and business purpose
Documentation is submitted in a timely manner
Any unused funds are returned to the organization
All 4 factors must be met or payment is Taxable

45. IRS 1099 Reporting

46. When are you Responsible for Completing a 1099 ?
When non-payroll payments are made and exceed $599 annually for an individual or vendor
What type of payments require a 1099:
Membership Recruitment payments made to a member or officer
Payments made for services performed by: Arbitrators, Accountants, Legal Services, Consultants Etc.
Items or Equipment purchased for the Officers or Members i.e. personal cell phones, laptops Etc.

47. When Must I Complete the 1099?
1099s must be given to the Individual or Vendor by January 31st
Copies of all 1099s must be filed with the IRS by February 28th along with an Annual Summary (Form 1096)

48. What must I Include on the 1099?
The Individual’s:
Name
Address
Social Security Number
Your Organization’s Federal Tax ID (EIN #)
The total amount paid to the Individual or Vendor
Box 1- Rent, Box 6- Medical & Health Care,
Box 7-Nonemployee Compensation and Box 14-Attorney Fees
Note: Payments made through payroll are reported on IRS Form W-2

49. What must I Include on the 1096?
Your Organization’s:
Name
Address
Federal Tax ID (EIN #)
A count of the total number of 1099s issued (Box 3)
The total dollar amount reported for all 1099s (from corresponding 1099 Boxes)
Contact Name and Phone #
Copies of all 1099s issued

50. Making Loans to Members

51. Loans AFGE does not recommend making Loans to Members.
Recovery of defaulted loans are costly and difficult.
If you do choose to:
They must be Approved by the Membership
The Executive Board CANNOT Approve Loans!
A Loan cannot be more than $2000 per Individual.
For any Loan, there should be a very clear Standard Criteria that the Local has adopted.
Remember what the Local does for ONE member, you must do for ALL members.
All outstanding advances in excess of $2000 are considered by DOL as a loan.

52. Quick Books Pro Financial System
The suggested approach for AFGE Locals and Councils is the AFGE Customized Accounting System through the use of Quick Books Pro

53. AFGE’s Quick Books Pro Financial Officers Training Overview
Establishing your Local’s Quick Books File
Creating a Standardized Chart of Accounts
Establishing your Checking Account
Establishing your Petty Cash Account
Establishing your Saving Account
Allocating your Income & Expenses
Producing Checks
Making Fund Transfers

54. AFGE’s Quick Books Pro Financial Officers Training Overview
Reconciling your Bank Statements
Creating Fixed Asset Accounts
Creating Reports
Treasurers Report
Treasurers Detail Report
LM and IRS Reporting

55. AFGE’s Quick Books Pro Financial Officers Training Overview
Establishing a Local Payroll
Setting up your Employees
Paying your Employees
Paying Payroll Taxes
Producing your Payroll Tax Forms
Form 940
Form 941
W2’s
Establishing a Local Credit Card Account

56. AFGE’s Quick Books Pro Financial Officers Training Overview
Satisfying your Regulatory Requirements
IRS 990 Reporting
Labor Department Reporting (LM 2, 3 & 4)
Creating a Budget
Protecting your Financial Records
Allowing access to your records
Backing up your financial records