Volunteers 8 Philanthropy Journal of North Carolina Carolina Theatre chooses interim volunteer director The Carolina Theatre in Durham will be run by volunteer board member Monte Moses while it seeks a new exec utive director. July/August 1994 Donor turbulence Poor handling costs Georgia Museum gift of plane An aviation museum has lost its claim to an airplane it received as a gift after a juiy found that the museum failed to take prop er care of the plane. By Joseph Neff A tussle between two aviation /\ museums over a vintage air- / \ plane has ended with a sim ple lesson: If you want to keep a gift, be a good steward and honor the expectations of the donor. Poor handling of a donated air plane doomed the attempt by Stone Mountain Aviation Museum in Cummings, Ga. to keep title to the flying machine donated by a North CaroUna businessman. The victor in this case is the Western North Carolina Air Museum in Hendersonville. The spoils consist of a vintage North American SNJ-5, a World War II era plane used for training pilots. The. case dates to 1983. Grant Zlckgraf, a retired businessman from Macon County, North Carolina want ed to donate his plane to a museum. Like many donors, the elderly Zickgraf hoped that someone would preserve his gift for others to enjoy. Milt Kimble, president of the Stone Mountain Museum, lobbied Zickgra,! to donate the plane to the GIVING museum, which Kimble had recently formed. Kimble and Zickgraf have known each other since the 1950s. Kimble portrayed his fledgling museum as a bona fide project, promised to keep the plane in tip-top shape and pledged to allow Zickgraf to fly the plane whenever he wished to, according to Zickgraf’s complaint. “That’s what I meant for them, to keep the plane in top shape and so forth and I was going to help them and we were going to build a real museum,” Zickgraf testified at trial. On November 25, 1983, Zickgraf donated the plane to the Stone Mountain Aviation Museum. He took a $35,000 tax deduction that year on his federal income taxes. Some months later, Zickgraf dropped in at the museum, located on the grounds of Stone Mountain Airport of which Kimble is president. To Zickgraf’s consternation, he found children playing inside the plane, which was sitting outside with the hatch open. The inside was soaked. The radio and instruments were unworkable, a rear seat was removed and the oxygen equipment was gone. There was no museum hangar, Zickgraf said, and in fact, no muse- The Vintage North American SNJ-5, a V/orld War II era plane, was used for training pilots. Photo courtesy of Western North Carolina Air Museum urn: no sign, no guests and no other antique or restored aircraft. So, seven months after giving the plane to the Stone Mountain Museum, Zickgraf took the plane back to North Carolina. In 1989, he gave it to the Western North Carolina Air Museum after thor oughly investigating the Henderson ville museum. In 1991, Kimble and the Stone Mountain A\iatiqn Museum filed a, complaint, saying they held title to. the plane. This was the first legal- motion they filed since Zickgraf took the airplane back in 1984. At trial, the issue centered on whether the plane was a valid gift to the .Stone Mountain Museum. Zickgraf s lawyers argued that their client had made a conditional gift: Stone Mountain could have the plane Look for AIRPLANE, page 9 Ounce of prevention Nonprofits gain awareness of liability An increasing number of North Carolina nonprofits are taking steps to protect volunteers and board members from potentfai lawsuits. Strategies includfe additional insurance policies and improved volun teer training programs. By Barbara Solow rhen it comes to liabili ty, leaders of North . Carolina nonprofits say perception is as important as reali ty. Although there have been few if any major lawsuits filed against nonprofits, many organizations are becomiug more vigilant about pro tecting volunteers and board mem bers from potential legal hassles. “You have to balance it out,” says Phylliss Whitaker, director of volunteer personnel for the Greater Carolinas chapter in ACCOUNTABILITY Charlotte of the American Red Cross. “You don’t want liability to be such a concern that you can’t provide services, but you also want to be able to handle things that come up.” Before beginning a new pro gram or service, Whitaker contacts the Risk Management Division at national Red Cross headquarters for suggestions on volunteer screening and training programs designed to prevent accidents and mishaps. The Red Cross also has a gener al insurance policy that covers vol unteers. So does the Big Buddy program in Wilmington - an umbrella agency for five area youth pro grams. “In the six years I’ve worked with the agency, we’ve never had any incidents,” says Program Director Jennifer Cooper. “Still, it’s somewhat of a comfort to our vol unteers to know there is general liability insurance.” North Carolina’s Nonprofit Corporations Act protects nonprof it board members from liability for actions they perform as part of their volunteer duties. An npdate of the act, which went into effect July 1, extends that protection to employees of nonprofits that file reports with the state. Under the state’s Good Samar itan Act of 1993, volunteers who provide first aid or emergency assistance at accident sites or non profit clinics are also shielded from liability. Despite the passage of “volun teer protection laws” in 49 other states, concerns about liability in the nonprofit arena are on the rise. Part of the reason is that while such laws raise the requirements Look for LIABILITY, page 9 Looking at liability boards and volunteers E xperts recommend the follow- mgsteps for nonprofits looking, to protect volunteers and board mem-, bers from lawsuits: • Know fedeial state and local regulations that-will affect yom> work-' This would include such laws as the ,\mericansw1tli Disabilities .4ct. • Develop, deal’management poli cies and organizational mission state ments. - . • Set up careful screening and training programs for volunteers, • Consider expanding insurance coverage to -include volunteers and- board members.. Here are some resources on non profit liability • The North ;Carolina Center for Nonprofits in Raleigh publishes a booMet called “Employment Law for' North Carolina Nonprofits” that mclades su^stions on poiides that .can reduce ejqiosure to lawsuits The center also is a .sponsor of the Nonprofits Mutual Risk Retention 'iXlrdup, which was set up to provide ulsurance at reasonable and stable rates to nonprofits CaU (919) 571- ' 0811 tor information or to schedule an appointment at the resource center. - » The Human Serviees Corp. in Greensboro offers workshops and -. Coasdlfing senires on liability issues ■tornonproRts, Call (910) 294-^28 • The National Center for • Niaiprofit Boards in Washington has '.published a special edition of its '•nevvslettcr called “Board Members and Risk. A Primer on Protection from Liability.” Call (202) 452-0262 . » The Nonprofit Risk Management Center in Washington has written a scries of “community service briefs” ■ on'liability, insurance and risk-man- a^mont issues including “Managng Volunteers Within the Law ” Call (202)785-3891. Habitat, homes to be built in Wake County Construction has begun on an eight-unit apartment building on Polly Street in Raleigh that will provide transitional housing for homeless families. The pro ject is sponsored by ffobitot for ffumonity, with support from GE Capitol Mortgage Corporation and Pan Lutheran Ministries. Volunteer center has moved The Volunteer Center of Greater Durham has a new address: 136 East Chapel Hill Street, Durham, NC 27701. For information about the organization's programs and services, coll (919) 688-8977. Community theater seeks artists The Tholion Association community theater in Wilmington is looking for directors, choreographers, music directors and design ers for its 1994-95 season. Ploys to be staged include "Gypsy," "The Dining Room" and "Biloxi Blues." Coll (910) 251-1788 for details. Big sweep begins on N.C. waterways The annual Big Sweep, a statewide litter cleanup, will be held the third Saturday in September. Volunteers from across the state collect and record litter from lakes, streams, rivers and beaches. Coll (919) 856-6686 for details. Raleigh Artsplosure seeks volunteer Artsplosure, a nonprofit arts organization in Raleigh, is seeking a part-time volun teer receptionist. The orga nization sponsors First Night Raleigh and the Spring Jazz & Art Festival. Coll Beth Berngortt at (919) 832- 8699 for information about the position. Staff Photo

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