I regret to inform you that Disability Network West Michigan (a publicly funded Center for Independent Living) is not in compliance with its own bylaws, its State contract, or IRS regulations governing non-profit entities.
These issues call into question the organization’s legal status and its commitment to Muskegon’s disability community. Representatives from the disability community asked Disability Network West Michigan to resolve our concerns in mediation, but they declined.
Bylaws
• Disability Network West Michigan’s Board of Directors does not meet the standards established in the organization’s own bylaws, which require the Board to be comprised of 9-13 people, a majority (at least 51%) of which must be persons with significant disabilities. Their current Board has 7 members, only 3 of whom have significant disabilities. Boards that willfully neglect their fiduciary duties cannot legally enter into contracts on behalf of the organization.
State Contract / Michigan Open Meetings Act
• Disability Network West Michigan is not in compliance with several requirements of its State contract, which reaffirms the requirements of Board composition stated above. Other violations of their State contract include: Board meetings are not open to the public; Disability Network West Michigan does not have affirmative action policy and procedures as required.
IRS / Federal Law
• Disability Network West Michigan has refused to make public disclosure of documents required of IRS Tax Exempt entities, including their 2013-14 990 and original IRS application for 501c3 status.
Review from Guidestar