Batavia pro-rec center group won't report to state

Building a Better Batavia, a group urging people to vote for a recreation center in downtown Batavia, has decided it doesn't have to file records of organization or contributions with the state election board.

In a letter dated Oct. 18, Jim Purcell, the co-chairman of the group, asked the Illinois State Board of Elections to withdraw the group's D1 Statement of Organization because the group is classified by the Internal Revenue Service as a 501(c)4 nonprofit organization.

The election board is considering the request, and has not reached a conclusion.

The group is not in the IRS' database of 501(c)4s. That could mean an application is still being processed, according to IRS spokesman Sue Hale. Because of taxpayer privacy laws, Hale could not say if Building a Better Batavia has applied.

The group, organized in September, supports the Batavia Park District's plans to build a recreation center and parking garage at Island Avenue, Houston Street and Wilson Street. Voters will decide Nov. 2 whether to allow the district to borrow $20 million to do so.

But Purcell said the group will have activities beyond the referendum. “It will continue to work in the community,” he said. Asked what that may be, he said, “I do not know what other items we'll do in the future. There are a lot of things we can do,” saying one idea is to host a basketball tournament.

He said filing with the state elections board was unnecessary. “It did not make sense to do double work.” He said that as a 501(c)4, the group can offer liability protection to its volunteers. He estimated it has about 600 people on its e-mail list.

A private developer putting the rec center project (which would also include a parking garage and stores) together with the city and park district had pledged $20,000 to the group as of Oct. 13. Building a Better Batavia has placed signs around town, and has a website.

IRS 501(c)4 organizations are civic leagues, social welfare organizations or groups of employees. According to IRS.gov, a 501(c)4 “may engage in some political activities, so long as that is not its primary activity.”

Building a Better Batavia will have to disclose its political campaign spending when it files its IRS Form 990 tax return. Form 990 is due 4½ months after the end of the group's fiscal year. It's fiscal year would end in September 2011, so the return wouldn't be due until about February 2012.

State campaign finance disclosure reports are due Jan. 20 and July 20. Committees are also required to file contributions reports within 48 hours of receiving contributions totaling $500 or more in the 30 days before an election.

The other co-chairman, Lisa Thurston, said Tuesday afternoon she was unaware of the letter, and described herself as “just a volunteer on the committee.”