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    The 85 Fund
    Proceed with Caution
    Impact & Measurement
    Accountability & Finance
    Culture & Community
    Leadership & Adaptability

    The 85 Fund

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    Is this your nonprofit?
    501(c)(3) organization
    Donations are tax-deductible
    URL not available
    3220 N ST NW
    WASHINGTON DC 20007-2829

    WASHINGTON DC | IRS ruling year: 2011 | EIN: 20-2466871  
    An EIN is a unique nine-digit number that identifies a business for tax purposes.
    An EIN is a unique nine-digit number that identifies a business for tax purposes.
     
    Organization Mission
    To educate the public and support activities that highlight the relationship between structural limits on government power and the protection of our dignity and our  ... (More)
     

    Rating Information

    rating
    Needs Improvement

    This charity's score is 61%, earning it a Two-Star rating.

    This overall score is calculated entirely from a single beacon score, weighted as follows: 100% Accountability & Finance. Learn more about our criteria and methodology.

    Historical Ratings
    Charity Navigator's ratings previously did not consider Leadership & Adaptability, Culture & Community, or Impact & Measurement. The historic rating mainly reflects a version of today’s Accountability and Finance score. More information on our previous rating methodologies can be found on our rating methodology page.
    Rating histories are available for a growing number of rated organizations. Check back later to see if this organization has a rating history!
    Proceed with Caution—Reported Other Material Investigation

    On October 30, 2023, The Hill reported that The 85 Fund is the subject of an active investigation in an article titled, "Jordan, Comer launch probe into DC AG’s investigation of conservative judicial activist." For more information regarding this matter, please see The Hill article.

    For more information about our alerts methodology, see here.

    Rating Report

    Accountability & Finance
    Score

    61

    Most Recent Fiscal Year:
    FY 2022
    This beacon provides an assessment of a charity's financial health (financial efficiency, sustainability, and trustworthiness) and its commitment to governance practices and policies.
    Learn more

    Key Accountability Metrics

    Full Credit
    Partial Credit
    No Credit
    Majority Independent Board Members - 33% independent members
    0 out of 6 points
    Industry professionals strongly recommend an independent governing body to allow for full deliberation and diversity of thinking on governance and other organizational matters. We check to see that a majority of board members are identified as independent on their tax form.

    Source: IRS Form 990
    Independent Board Size - 1 independent members
    0 out of 6 points
    Industry professionals strongly recommend an independent governing body to allow for full deliberation and diversity of thinking on governance and other organizational matters. For most organizations, we check to see if the organization has at least three independent board members. For large, donor-funded organizations, we check to see if the organization has at least five independent board members

    Source: IRS Form 990
    Financial Statements - None
    0 out of 12 points
    An Audit, Review, or Compilation provides important information about financial accountability and accuracy. Organizations are scored based on their Total Revenue Amount:
    Total Revenue AmountExpectation to Receive Credit
    $2 million or higher and 40% or higher donor supportExpected to complete an audit and have an audit oversight committee
    $1 million or higherExpected to complete an audit
    $500,000 - $1 millionExpected to complete an audit, review, or compilation
    Less than $500,000No expectation (removed from scoring methodology)

    Source: IRS Form 990
    Material Diversion of Assets - None
    12 out of 12 points
    A diversion of assets — any unauthorized conversion or use of the organization's assets other than for the organization's authorized purposes, including but not limited to embezzlement or theft — also can seriously call into question a charity's financial integrity. We review the charity's most recent IRS Form 990 to see if the charity has reported any diversion of assets.

    Source: IRS Form 990

    Tax Form Disclosures and Policies

    Full Credit
    Partial Credit
    No Credit
    Website Listed on Tax Form - Missing
    0 out of 3 points
    Charity Navigator looks for a website on the IRS Form 990 as an accountability and transparency metric.

    Nonprofits act in the public trust and reporting publicly on activities is an important component.

    Source: IRS Form 990
    Conflict of Interest Policy - Listed
    5 out of 5 points
    Charity Navigator looks for the existence of a conflict of interest policy on the IRS Form 990 as an accountability and transparency measure.

    This policy protects the organization and by extension those it serves, when it is considering entering into a transaction that may benefit the private interest of an officer, director and/or key employee of the organization.

    Source: IRS Form 990
    Whistleblower Policy - Listed
    5 out of 5 points
    Charity Navigator looks for the existence of a whistleblower policy per the IRS Form 990 as an accountability and transparency measure.

    This policy outlines procedures for handling employee complaints, as well as a confidential way for employees to report financial or other types of mismanagement.

    Source: IRS Form 990
    Document Retention and Destruction - Listed
    5 out of 5 points
    Charity Navigator looks for the existence of a document retention and destruction policy per the IRS Form 990 as an accountability and transparency measure.

    This policy establishes guidelines for the handling, backing up, archiving and destruction of documents. These guidelines foster good record keeping procedures that promote data integrity.

    Source: IRS Form 990
    Documents Board Meeting Minutes - Yes
    3 out of 3 points
    Charity Navigator looks to confirm on the IRS Form 990 that the organization has this process in place as an accountability and transparency measure.

    An official record of the events that take place during a board meeting ensures that a contemporaneous document exists for future reference.

    Source: IRS Form 990
    Compensates Board - No
    5 out of 5 points
    The IRS requires that the charity lists any compensation paid to the charity's governing body members on the IRS Form 990. Furthermore, all governing body members must be listed whether or not they are compensated. Our analysts verify that the charities complied with the Form 990 instructions and that no board members are compensated simply for being on the board.

    Source: Nonprofit's Website
    Tax Form Distributed to Board Before Filing - Listed
    3 out of 3 points
    Providing copies of the IRS Form 990 to the governing body prior to filing is considered a best practice, as it allows for thorough review by the individuals charged with overseeing the organization. The Form 990 asks the charity to disclose whether or not it has followed this best practice.
    Loans to/from Officers - None
    5 out of 5 points
    Making loans to related parties, such as key officers, staff, or Board members, is not standard practice in the sector as it diverts the charity's funds away from its charitable mission and can lead to real and perceived conflict-of-interest problems.
    The IRS requires charities to disclose on their Form 990 any loans to or from current and former officers, directors, trustees, key employees, and other "disqualified persons." Some state laws go so far as to prohibit loans to board members and officers.
    Although employees and trustees are permitted to make loans to charities, this practice can also result in real and/or perceived conflict of interest problems for the charity. Furthermore, it is problematic because it indicates that the organization is not financially secure. Our analysts check to see if any loans have been made.
    Reports CEO and Compensation on Tax Form - Missing
    0 out of 5 points
    Charities must list their CEO's name and compensation on their tax forms, an issue of concern for many donors. Our analysts check to be sure that the charities complied with the IRS Form 990 instructions and include this information.
    CEO Compensation Process - Listed
    5 out of 5 points
    This process indicates that the organization has a documented policy that it follows yearly. The policy should indicate that an objective and independent review process of the CEO's compensation has been conducted, including benchmarking against comparable organizations. We check to be sure that the charity has reported on its IRS Form 990 its process for determining its CEO pay.

    Website Disclosures

    Full Credit
    Partial Credit
    No Credit
    Tax Form Posted on Nonprofit's Website as stated on Form 990 - Missing
    0 out of 5 points
    For almost all charities, we check the charity's IRS Form 990 to see if it discloses that the Form 990 is available on the charity's website. As with the audited financial statement, donors need easy access to this financial report to help determine if the organization is managing its financial resources well.

    Source: IRS Form 990
    Audit Posted on Nonprofit's Website - Missing
    0 out of 5 points
    Charity Navigator checks the charity's website to see if it has published its audited financial statements for the fiscal year represented by the most recently filed IRS Form 990. Donors need easy access to this financial report to help determine if the organization is managing its financial resources well. We are rating charities on whether or not they publish their audit on their website.

    Source: Nonprofit's Website
    Staff Members Listed on Nonprofit's Website - Missing
    0 out of 3 points
    Donors and other stakeholders need to know who runs the organization day-to-day. While key staff should be reported on the IRS Form 990, the charity's staff may have changed since then. The charity typically reflects the most current members on the website.

    Source: Nonprofit's Website
    Board Members Posted on Nonprofit's Website - Missing
    0 out of 5 points
    The IRS requires that the charity lists any compensation paid to the charity's governing body members on the IRS Form 990. Furthermore, all governing body members must be listed whether or not they are compensated. Our analysts verify that the charities complied with the Form 990 instructions and that no board members are compensated simply for being on the board.

    Source: Nonprofit's Website
    Donor Privacy Policy Posted on Nonprofit's Website - Missing
    0 out of 2 points
    Donors can be reluctant to contribute to a charity when their name, address, or other basic information may become part of donor lists that are exchanged or sold, resulting in an influx of charitable solicitations from other organizations. Our analysts check the charity's website to see if the organization has a donor privacy policy and if its contents are sufficient to protect the donor's information.

    Source: Nonprofit's Website

    Financial Metrics

    Full Credit
    Partial Credit
    No Credit
    Liabilities to Assets: Ratio - 0.00%
    25 out of 25 points
    The Liabilities to Assets Ratio is determined by Total Liabilities divided by Total Assets (most recent IRS Form 990). This ratio is an indicator of an organization's solvency and/or long-term sustainability.

    Source: IRS Form 990
    Program Expense: Ratio - 98.31%
    25 out of 25 points
    The Program Expense Ratio is determined by Program Expenses divided by Total Expense (average of most recent three IRS Forms 990). This measure reflects the percent of its total expenses a charity spends on the programs and services it exists to deliver.


    Source: IRS Form 990
    Fundraising Efficiency: Ratio - $0.00
    25 out of 25 points
    The amount spent to raise $1 in charitable contributions. To calculate a charity's fundraising efficiency, we divide its average fundraising expenses by the average total contributions it receives. We calculate the charity's average expenses and average contributions over its three most recent fiscal years.

    Source: IRS Form 990
    Working Capital: Ratio - 0.06 years
    0 out of 25 points
    Determines how long a charity could sustain its level of spending using its net available assets, or working capital, as reported on its most recently filed IRS Form 990. Dividing these net available assets in the most recent year by a charity's average total expenses, yields the working capital ratio. We calculate the charity's average total expenses over its three most recent fiscal years.

    Source: IRS Form 990

    Additional Information

    Total Revenue and Expenses - Data Available
    This chart displays the trend of revenue and expenses over the past several years for this organization, as reported on their IRS Form 990.
    Click or hover over the bar to see exact $ amount
    Salary of Key Persons - Data Available
    Presented here are up to five of this organization's highest compensated employees. This compensation data includes salary, cash bonuses, and expense accounts and is displayed exactly how it is reported to the IRS. The amounts do not include nontaxable benefits, deferred compensation, or other amounts not reported on Form W-2. In some cases, these amounts may include compensation from related organizations. Read the IRS policies for compensation reporting


    Ormal Skinner, Counsel
    $278,250

    Jason Snead, Counsel
    $195,000

    Carrie Severino, Director, Secretary
    $179,242

    Trent England, Counsel
    $163,218

    Ann Corkery, Counsel
    $132,650

    Source: IRS Form 990 (page 7), filing year 2022
    IRS Published Data (Business Master File) - Data Available
    Below are some key data points from the Exempt Organization IRS Business Master File (BMF) for this organization. Learn more about the BMF on the IRS website

    Foundation Status:
    Organization which receives a substantial part of its support from a governmental unit or the general public   170(b)(1)(A)(vi) (BMF foundation code: 15)

    Affiliation:
    Independent - the organization is an independent organization or an independent auxiliary (i.e., not affiliated with a National, Regional, or Geographic grouping of organizations). (BMF affiliation code: 3)
    Data Sources (IRS Forms 990) - Data Available
    The Form 990 is a document that nonprofit organizations file with the IRS annually. We leverage accountability and finance data from it to form Encompass ratings. Click here to search for this organization's Forms 990 on the IRS website (if any are available). Simply enter the organization's name (The 85 Fund) or EIN (202466871) in the 'Search Term' field.
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