As for full history of this trust, the trust language was drafted many years ago, 1987. The main purposes as outlined in Article II were to provide a DEPOSITORY for gifts and bequests of all kinds and to serve as a receptacle for receiving and managing those gifts that specify Saint Francis of Assisi School Endowment Trust as its beneficiary.
To operate exclusively for the operating expenses, educational and/or scholarship assistance within the meaning of Section 501C3 of the IRC code of 1954. This means it was to operate as a charitably qualified trust:
To promote and further develop St Francis of Assisi Parish School.
To Conduct fundraising campaigns and to supervise and assist fundraising programs for St. Francis Parish School, such fundraising activities shall be conducted in accordance with Diocese fundraising policies as determined by the Managing Trustee.
Under article III section 2: Uses of the Trust Funds
A) The Trustees shall provide for use of the trust fund, at such time or times, in such a manner, and in such amounts as they may determine, or as may be required by any restricted donation(s), to the purposes outlined in article II.
B) Any other provisions of this agreement notwithstanding, the Trustees shall distribute annually and amount equal to 3.5-5% as approved by the trustees utilizing a rolling 3 year average balance of trust principle as of January 1st each year. Amounts paid that exceed income, including realized or unrealized gains will be distributed from principal. Excess income for fiscal year shall be added back to principal.
The Managing Trustee was initially the Bishop with delegation to the Pastor of St. Francis of Assisi Parish and any successor Bishop may take back successor trustee. The Board of Trustees shall be not less than 6 or more than nine with 4 permanent trustees by roles of: Pastor, Chairperson of SAC, a SAC member other than SAC chair, Principal or acting Principal of St Francis of Assisi School and 3 persons at large. At large members shall rotate off and serve terms of 3 years or until election of qualified successors.
All actions for or behalf of the trustees shall be taken by the managing trustee, (Pastor) who will have sole power and authority to act as trustee of the trust, provided however, in the discretion and distribution of funds set forth in the purposes of the trust instrument, the board of trustees at regularly scheduled meetings shall establish the criterion and policy to be followed in the distribution of funds by the managing trustee, in keeping with the purpose of the trust. No action shall be taken without a Quorum of the trustees, i.e. 50% plus 1 including a SAC committee member. There is to be a secretary appointed from the trustees to keep record of all actions of the trustees.