Please find details outlining governing laws and political neutrality for BYU Management Society below.
NAME, VISION, AND PURPOSES
This organization shall be a nonprofit, unincorporated association and shall be known as the BYU Management Society (“Society”).
The vision of the Society is “Growing Moral and Ethical Leadership Around the World.”
The purposes of the Society are:
a. To further and enhance the career development of its members,
b. To provide members the opportunity of networking with other local, national, and international members,
c. To make available the skills and talents of the members and be of support and service to The BYU Marriott School of Business and Brigham Young University, and
d. To be of service to the community in which the chapter is organized.
The Society is sponsored by the BYU Marriott School of Business at Brigham Young University (BYU). BYU Alumni and External Relations will provide leadership, program support and funding for society-wide events.
2. Tax-Exempt Status
This organization shall operate within the scope of and be governed by the constitution of BYU and a license agreement with BYU. This inclusion was established by a decision of the President’s Council on New Date
3. Political Neutrality
BYU and its affiliated organizations, such as the BYU Management Society, must be politically neutral to maintain tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Section 501(c)(3) requires that these organization “not participate in, or intervene in (including
the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public offices.” The Treasury Regulations specify that a “candidate for public office means an individual who offers himself/herself, or is proposed by others, as a contestant for an elective public office, whether such office be nations, state, or local,” Treas. Reg 1. 201(c)(3)-1(c)(3)(iii).
Chapter members are welcome and encouraged to engage in the political process as individuals or as members of another group. The chapters, by virtue of their organization, necessarily put forward their affiliation with the university and imply that they represent or speak for the university when they endorse political positions. It would be inappropriate for a particular chapter to use BYU’s name (for enhanced credibility, name recognition, or otherwise) to endorse a political activity that BYU has not chosen to endorse for itself.
a. Executive Director
BYU Alumni and External Relations will provide an executive director who will work under the direction of the dean of the Marriott School and managing director of BYU Alumni and External Relations. The executive director will act as the BYU and Marriott School liaison, advisor, and contact for all chapter leaders and steering committee members. The executive director will also provide staff support, develop and conduct training, organize conferences, assist in establishing new chapters, visit chapters and provide other help as needed.
b. Steering Committee
The steering committee functions as the leadership of the Society. Committee members provide strategic planning and direction, train chapter officers, review nominations of chapter presidents, help organize new chapters, and provide other help as directed by the executive director. Members are nominated by the committee, approved and appointed by the dean, and serve for four years. The steering committee will meet regularly throughout the year as needed.
c. Chair of the Steering Committee
The chair will serve for two years as chair-elect and two years as chair. He/she is nominated by the steering committee and approved and appointed by the dean.
All chapters are organized and operate under the direction of and with the approval of the steering committee. Each chapter has the ability and responsibility to organize its own chapter leadership (Executive Committee), set dues, determine and direct chapter programs, maintain chapter membership and financial records, and carry out all other chapter needs as determined by the chapter officers. All naming, organization, and programs must follow the guidelines set by the steering committee and in accordance with the license agreement.
e. Chapter Naming
Chapter names must be approved by the steering committee and should reflect the chapter’s geographic location, affiliation with the Management Society, and sponsorship by the BYU Marriott School. Examples:
i. BYU Management Society, Utah Valley Chapter
ii. Silicon Valley Chapter of the BYU Management Society
Any interested person who supports the vision and purposes outlined above and who pays the required annual membership dues for his/her chapter qualifies for membership. The Society is inclusive, regardless of age, gender, nationality, ethnicity, career path, alma mater, and religious affiliation. Members are not required to be BYU alumni or members of The Church of Jesus Christ of Latter-day Saints to join.
Application for membership shall be determined by the chapter. Renewal of membership will be granted automatically upon payment of annual dues. A new membership or a renewed membership may be denied if the committee determines that the chapter’s best interest will not be served by granting of renewing membership.
Length of chapter membership shall be determined by the chapter. One’s own membership can be canceled upon one’s own request.
The amount of annual chapter membership dues for each year or part thereof shall be as determined by each chapter’s executive committee. With the approval of the steering committee, dues may vary according to chapter affiliation and are determined by the individual chapter executive committees. The chapter committees may create membership classifications with special or limited rights or privileges with dues more or less than regular members pay.
MEETINGS AND PROGRAMS
1. Society Meetings
The Society shall hold an annual leadership conference for all society chapter leadership once a year, at a time and place determined by the steering committee. Regional leadership meetings and conferences may also be held under the direction of the steering committee.
2. Chapter Meetings
Chapter meetings shall be held on a regular basis (semi-annually, quarterly, monthly, etc.) as needed, and at a time and place designated by the chapter executive committee. Chapter business can be conducted at any regular meeting, if the executive committee or two-thirds of the membership so desires, provided that an agenda of the business to be conducted is circulated prior to the meeting.
3. Chapter Programs
Each chapter executive committee will determine and organize the chapter’s programs after considering the needs of the chapter members and the vision of the Society. Programs may include, but are not restricted to:
a. Monthly breakfast or luncheon speaker series
b. Seminars and workshops on employment and networking topics
c. Scholarship program
d. Golf Tournament
e. Service to BYU and the Marriott School
f. Gala awards banquets
1. Society Finances
BYU may provide funding as necessary for all society-wide functions. Funded programs can include, but not be limited to, the following:
a. Annual Leadership Conference
b. Regional Conferences
c. Dean’s Seminars
d. Website and Database
e. Leaders Guides, Brochures and other Printed Material
2. Chapter Finances
The chapter executive committee may open and maintain a bank account to receive dues and other revenue from which expenses of the chapter shall be paid. Disbursements shall be made by check and require the signature of two chapter officers.
a. Chapters shall follow all financial guidelines as written in the Licensing Agreement and the Leaders Guide.
b. Chapters shall send in an annual financial report to the executive director before the published due date.
c. All funds held by a chapter belong to and are property of the BYU Management Society and the BYU Alumni LLC.
1. Termination of Chapters
Should it ever become necessary to terminate a chapter, all funds remaining at the date of termination are the property of BYU.
BYU Management Society
Political Neutrality Statement
Not-for-profit organizations like Brigham Young University and its affiliated groups, such as the BYU Management Society, must be politically neutral. Individual chapters may not sponsor, host, or in any way participate in any kind of political fundraising, political endorsement, or political activity. Chapter membership lists and contact information may not be shared with any campaign or political group. Management Society members, chapter presidents, officers, board members, and steering committee members may not represent the BYU Management Society or Brigham Young University in communicating with any political entity. Similarly, candidates for any political office may not be invited to address BYU Management Society groups unless these requests are cleared in advance by the BYU Marriott School of Management and BYU General Counsel’s office. These restrictions apply to all campaigns and political activity whether on the local, state, or national level.
Please contact the Management Society Executive Director at 801-422-6824 or management _society @byu.edu with specific questions.
BYU and its affiliated organizations, such as the J. Reuben Clark Law Society and the BYU Law School Alumni Association, must be politically neutral to maintain tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Section 501(c)(3) requires that these organizations "not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office." The Treasury Regulations specify that a "candidate for public office means an individual who offers himself, or is proposed by others, as a contestant for an elective public office, whether such office be national, State, or local." Treas. Reg. § 1.501(c)(3)-1(c)(3)(iii). Since a person may be "proposed by others" without his or her consent, or before an official announcement of intent to seek public office, the candidacy line is not always clear. See T.A.M. 9130008 (April 16, 1991).
Please note that federal tax laws, not federal or state election laws applicable to candidates themselves, govern the actions of BYU and its affiliated organizations.
A recent IRS publication stresses that 501(c)(3) organizations are "absolutely prohibited" from participating or intervening in political campaigns on behalf or in opposition to any candidate for elective public office. FS-2006-17 (February 2006); see also IRS Publication 1828, Tax Guide for Churches and Religious Organizations, September 2006.
Individual chapters cannot sponsor, host, or in any way participate in any type of political fundraising, campaign contribution, endorsement, or other activity that favors or opposes a candidate.
Chapter membership lists or contact information may not be shared with any campaign or political group. No announcements of campaign events or political fundraisers may be circulated via organizational e-mail lists or through other communication channels to chapter members. No leader or member of the J. Reuben Clark Law Society or the BYU Law School Alumni Association may represent the organization or BYU in communicating with any political entity or in participating or intervening in any campaign.
As a procedural matter, candidates for any federal, state, or local political office may not be invited to speak at chapter events unless the request is cleared in advance by the Marriott School of Management and the BYU Office of the General Counsel.
In advance of requesting clearance for a particular candidate or political figure to speak at an event, please note the following guidelines:
1. Speaking as a Candidate
Candidates may be invited to speak at an event, provided that:
Equal opportunity requires equality in both the nature of the event and the manner of presentation. For example, an invitation for a candidate to speak at an annual dinner would not provide equal opportunity to other candidates. If an event includes a panel of candidates for the same office, the organization must take care to avoid any bias for or against a candidate, especially in moderating the panel and in preparing questions for the candidates.
2. Speaking or Participating as a Non-Candidate
Candidates may also appear at chapter events in a "non-candidate" capacity. For example, candidates who are current or former office holders, experts in non-political fields, celebrities, or notable for their distinguished military, legal, or public-service careers may be invited to speak, provided that the chapter ensures that:
In addition, the chapter should clearly indicate the capacity in which the candidate is appearing and should not mention the individual's political candidacy or the upcoming election in the communications announcing the candidate's attendance at the event.
3. Judges and Prospective Judges
The same rules applicable to candidates outlined above also apply to judges who are elected or retained via election. Activity in support of a prospective federal judge who has not yet been confirmed by the U.S. Senate, or a prospective state or local judge who has not yet received legislative approval, could violate applicable lobbying restrictions on 501(c)(3) organizations. Invitations to speak extended to prospective judges must be cleared in the same way as invitations extended to candidates.
4. Individual Action
The prohibition on participating or intervening in political campaigns with respect to a candidate does not prevent individual members of the J. Reuben Clark Law Society or the BYU Law School Alumni Association from doing so on their own. However, individual members should make sure not to engage in any campaign activity at official functions, through official newsletters, or through chapter or class-member e-mail lists.
5. Chapter Endorsements
The Political Neutrality Policy does not specifically address chapter endorsements. Beyond the chapters of the J. Reuben Clark Law Society, BYU also coordinates chapters of the Alumni Association, the Management Society, and the Cougar Club.
BYU is not restricted by the tax code on ballot initiative issues. However, BYU has historically taken a position of institutional political neutrality on federal, state, and local issues, including ballot initiatives. Given that the various chapters are--legally and practically--an offshoot of the university, the best approach, in my view, is for these chapters to respect and reflect that institutional neutrality, even when the Church itself may not be neutral. We specifically discussed Proposition 8 neutrality last year, and BYU made the determination to remain neutral on that issue.
The section of the Political Neutrality Policy titled Political Activities of University Personnel is instructive in this regard. The second paragraph reads:
"Other university personnel may participate in partisan political activities as well as activities involving matters of public policy, including legislation, referenda, ballot initiatives, or constitutional amendments; however, they should act, attend, speak, or write in an individual capacity and not put forward their affiliation with the university. If their affiliation becomes known, they must state that they do not represent or speak for the university. No one affiliated with the university is authorized to speak for the university on political matters except the president or those expressly authorized by him."
Each member of the various chapters is certainly welcome and encouraged to engage in the political process as an individual or as a member of another group. However, the same concerns raised by participation of university personnel applies with equal or greater force to organized BYU-branded chapters of law, management, or alumni societies. The chapters, by virtue of their organization, necessarily put forward their affiliation with the university and imply that they represent or speak for the university when they endorse political positions. It would be inappropriate--and it would run contrary to the spirit of the Political Neutrality Policy--for a particular chapter to use BYU's name (for enhanced credibility, name recognition, or otherwise) to endorse a political activity that BYU has not chosen to endorse for itself.