There seems to me to be nothing to stop UTO from incorporating, and there is no need that I can see for Executive Council to “approve” such a movement, since UTO was never formally a part of the institutional structure of DFMS, but an auxiliary entity that functioned, and functioned quite well, primarily as a ministry of and by women (when they were prevented from a large sector of possible ministries in the church). The UTO always worked in cooperation with the existing structures of the church and the Episcopal Church Women, from the parish on up through the dioceses and provinces; and at the national level through the Triennial. It could still continue to do that, but with the financial donations coming directly to UTO (instead of through the parish mechanisms) and grants being made autonomously by their own duly elected board.
However, Sandra McPhee, a former Executive Council member who was involved in the efforts to restructure the relationship between the UTO and the wider church says in a comment on the Cafe that the UTO had previously considered and rejected this idea. She writes:
Prior to 2007, the legal relationship between the UTO and the ECW and DFMS was fuzzy at best. As part of the well-documented study undertaken at the behest of the Presiding Bishop, it became necessary to make certain that the UTO complied with IRS regulations and with the regulations and procedures of DFMS. The INC-055 Task Force worked very closely with representatives of the UTO and indeed, Sarita Redd, who was the president of the UTO until her untimely death last January, was a member of the Task Force. Early on in its work, the INC-055 Task Force discussed the option of the UTO forming a separate corporation. That idea was rejected by the INC-055 Task Force and by the UTO Board. The report of INC-055 was never intended to be an end. It was intended as a starting point with the clear understanding that the UTO Bylaws would have to be re-written to comply with current procedures of both the IRS and DFMS. In addition, a formal Memorandum of Understanding would be prepared to set forth the relationship between the UTO and DFMS.
The proposed Bylaws and MOU that have been posted on the internet are just that, they are proposed and not final documents. It seems premature to attribute various motives to the Presiding Bishop and members of the DFMS staff or to the current and resigned members of the UTO Board. What seems appropriate is to let the UTO Board members who remain react to the draft bylaws and MOU and let the Executive Council have an opportunity to review and discuss this issue at its meeting in October.
Any thoughts on whether UTO would work better if it were a separate 501.c.3? Any intelligence on whether the remaining 10 members of the original 14 member board (only the 11 elected board members are pictured on the UTO website, but there are three appointed members as well) would find that desirable?