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July 27, 2001/Av 7, 5761, Vol. 53, No.42
Kivel mixes politics, campus
BARRY COHEN
Editor
A midst efforts to gather support for Kivel Geriatric Center's new campus in northeast Phoenix, Kivel's president last week entered a minefield of mixing the agency's nonprofit status with political advocacy.
Kivel is working to build a new campus on 56th Street, just north of Bell Road. Part of this process involves cultivating allies on Phoenix City Council for help with issues like zoning.
Sol Moretsky, president of the Kivel board of directors, sent out a letter dated July 18 asking for support of Robin Mofford, a city council candidate for District 2 and urging contributions to be made to her campaign.
The endorsement of Mofford was precipitated by District 2 Councilman Tom Milton's decision not to seek another term in office, according to Moretsky's letter.
Moretsky wrote in part, "Mr. Milton has been of great assistance to Kivel Campus of Care in development and zoning of our prospective new campus." In light of Milton's decision not to run again, Moretsky in his letter asked recipients - whom he identified as Kivel's board of directors and board members of the Jewish Federation of Greater Phoenix - to support Mofford, who "has shown her support to our new campus."
The problem was, Mor-etsky's letter was written on Kivel letterhead.
"Charitable organizations are absolutely prohibited from endorsing political candidates," according to Stephen Newmark, a partner in the Phoenix law firm of Brown & Bain. According to federal statute, institutions with 501(c)3 status cannot endorse candidates or request financial contributions on their behalf, Newmark added.
A possible penalty is that Kivel could endanger its nonprofit, charitable status, he said.
"I did not realize anything like that," said Moretsky. The letter "was not supposed to have been sent on letterhead. ... I suppose it was sent out on what was available."
Ira Shulman, Kivel executive director/CEO, said he returned from vacation this week; Moretsky's letter was mailed when he was out of the office. He said he has consulted with Moretsky and they have devised a plan to remedy the situation.
Moretsky said he plans to send a follow-up letter explaining that the recommended political advocacy for Mofford is his "personal endorsement," not Kivel's.
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