Form 990: WHLH Organizational Filing

There have been several questions posted online about We Love Harbor Springs’ 501(c)(4) status and its legal filings. Some suggest we are in violation of the law. These claims are fundamentally untrue. The accusations fail to understand how a 501(c)(4) operates. Maureen Kenny and Janie Jenkins have been asked many times for forms we are not required to have, or documents that had not been created because they were only recently due. There is a concerted effort to track down our donor list, which the forms do not provide. Though it helps our cause if you give us permission to post your name on our website. You will likely see Facebook posts that ignore all of this and make claims about buying votes or dark money.

The bulk of WLHS expenditures has been on organization formation, legal research, FOIAs, zoning research, legal support of citizen efforts, and accounting. These are, unfortunately, expensive efforts to get right, which is why supporters and donors have pooled resources and efforts under WLHS. There is no paid staff, which means more legal and accounting consultants to do the back office work. The essential purpose of WLHS is to pool resources to help preserve and protect what is best about Harbor Springs and apply the best judgment on how to adapt to the future.

### The Form 990 WLHS filed its IRS Form 990 last week, per the time frame set by federal law. A Form 990 is sort of like a person's 1040, but for 501(c)(4). Our legal support is stepping through the process to be sure all adjacent filings are correct to assure full and proper disclosure. All a normal process for a volunteer organization working with new procedures.

- Instructions for how to receive a copy of the 990 are in the About section of our website: **weloveharborsprings.org/about-us/**

We have been persistently asked for some additional forms. We are not producing as noted below:

- Form 8871: not required for a 501(c)(4)

- Form 1024-A: an optional filing for a 501(c)(4)

- Form 8976: was filed in compliance with IRS, but is not required to be disclosed

- Our EIN is on the Form 990. We minimize publishing it to protect against cyber theft

### Board of Officers We have been asked questions about who runs We Love Harbor Springs. This has been listed on our website since its inception.

- **Maureen Kenney,** President, 30+ Year resident

- **Tim Patton,** VP Harbor Springs Voter, Business Owner, resident

- **Janie Jenkins,** Treasurer, Harbor Springs resident, Voter

- **Mark Wagoner,** Secretary – Mark also serves as legal counsel for WLHS

Mark Wagoner is based in Ohio. Has dealt with election and municipal law his entire career. He is a long-time close friend of some of the WLHS officers and donors.

### Service Providers We have also been challenged about who we use as service providers and why they are not Harbor Springs based. Municipal and election law is unique. To ensure we comply with all State and Federal laws for 501(c)(4), we have engaged a skilled CPA and legal firm.

- CPA – Clifton Larson Allen

- Legal – Shumaker, Loop & Kendrick, LLP

### Our Donors While many think 990 details the names of WLHS donors, it does not. That is not trickery. A CPA filed the forms properly. Legal counsel reviewed the forms. 501(c)(4) exists to allow donors to protect their privacy. Donors have every right to publish their names if they wish. WLHS does not have the right to publish their names without their permission. The process is the same for many public benefit organizations like Hospitals, Food Banks, etc. Just like those organizations, some of the WLHS donors are listed on its website.

- If you are a donor or supporter and wish to have your name listed, it helps improve transparency. Please send us a note at weloveharborsprings@gmail.com

We Love Harbor Springs is a 501(c)(4) with proper legal and accounting support. We’re funded entirely by individual citizens and property owners, no corporate money. Many, but not all, of our contributors and volunteers’ names have been listed on the website for over a year. We show up at meetings and sign our names. We have been at the Farmers’ Market in our tent. We knock on doors. Those are our supporters. We’ve said the same thing from day one.

### What we actually do We’re a shared resource for transparency. We have 1,400+ newsletter readers, 140 donors, and dozens of regular volunteers. They act independently. Some speak at council meetings. Some write op-eds. Some ask for research. Some just listen. We apply no central control. Supporters speak for themselves.

When people want help understanding an issue, we pool resources to hire consultants or legal experts. That’s where most of our budget goes. If enough people focus on something, like the referendum, we provide legal support and help get it on the ballot. WLHS communicates its understanding of the issue. But in the end, people vote as they wish. We do not register voters, and never have.

We don’t endorse zoning changes or policy positions. We provide information so residents can make their own decisions. We do publish changes we think improve zoning. But leave it to individuals to decide.

One supporter stated the collective opinion perfectly….

**I do not support any single person speaking on behalf of 478 voters, nor do I support WLHS taking a position on whether the code is good or bad. I do, however, support every individual voicing their own perspective. There are real changes in the code that will impact community oversight and daily life, and those impacts are subjective.

After the election, a former City Councilman asked me why WLHS was against the zoning code. I told him there were probably 478 different reasons. WLHS is, and should remain, a fact-based, not emotion-based, organization. Donors support us because we invest in uncovering facts. Asking whether it’s a “better” code depends on who you ask; that’s not a fact. But identifying loopholes *is* fact-based, and WLHS has paid to uncover those facts, with volunteers like Karin Offield spending significant time understanding the nuances of the process firsthand.

Our role as an organization is to inform, not to endorse.

Ashley O’Reilly

### Going forward We’re focused on city spending, city committee priorities, and whether leadership follows proper procedures. The goal is simple: make it easier for everyone, full-time residents, part-time property owners, and nearby townships, to understand what’s happening and participate.

WLHS supporters are not unified, but generally believe Harbor Springs works best when decisions are transparent, processes are followed, and neighbors can disagree constructively. That’s what we’re here for.

Questions? Visit the website.**

#### Some More Background if you remain worried about dark money…. If you still think something is askew, we did ask our legal counsel to try to settle the concerns. Below is their statement regarding the formation of WLHS and its compliance with State and Federal law.

- -

- -