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John N. Burke

Chair of the Audit Committee at FRANKLIN STREET PROPERTIES CORP /MA/
Board

About John N. Burke

Independent director (age 63) serving since 2004; Chair of the Audit Committee since 2004. A certified public accountant with 35+ years in public accounting focused on real estate/REITs; Managing Director of BA, Inc. since 2003; previously Audit Partner at BDO USA LLP (Boston). Education: M.S. in Taxation; undergraduate accounting at Bentley University. Designated by the Board as the Audit Committee financial expert.

Past Roles

OrganizationRoleTenureCommittees/Impact
BA, Inc.Managing Director (founder/owner)2003–present Advises on financial reporting, accounting systems, internal controls, audit matters
BDO USA LLP (Boston)Audit PartnerBefore 2003 Led audits; public offering advisory; private equity/debt financings; M&A transactions

External Roles

OrganizationRoleTenureCommittees/Impact
American Institute of Certified Public AccountantsMemberNot disclosed Professional standards adherence
Massachusetts Society of CPAsMemberNot disclosed Professional practice and ethics
Other public company boardsNone

Board Governance

  • Independence: The Board determined Burke is independent under NYSE American rules.
  • Audit Committee Financial Expert: Board designated Burke as the audit committee financial expert.
  • Attendance and engagement: Each director attended >75% of Board and committee meetings in 2024; Board met 7 times; Audit (5), Compensation (2), Nominating & Corporate Governance (3). Each director then serving attended the 2024 Annual Meeting.
  • Lead Independent Director: Georgia Murray; executive sessions permitted for independent directors (at least annually).
CommitteeRoleFinancial Expert StatusMeetings in 2024
AuditChair; member alongside McGillicuddy, Hoxsie, Murray, Schanzer, Wilkins Yes (Burke) 5
CompensationMember (Chair: Wilkins; members: Burke, Murray) N/A2
Nominating & Corporate GovernanceMember (Chair: Hoxsie; members: Burke, Hansen) N/A3

Governance practices relevant to Board effectiveness:

  • Clawback policy compliant with NYSE American; Compensation Committee oversees clawbacks.
  • Anti-hedging policy prohibiting short sales and puts/calls for directors/officers/employees.
  • Shareholder engagement added a shareholder-recommended director (Board expanded then reduced); refreshment in 2024–2025 cycle.

Fixed Compensation

Program terms as of May 2024 (non-employee directors):

ComponentAmount
Annual Cash Retainer$30,000
Additional Cash Retainer – Lead Independent Director$7,500
Additional Cash Retainer – Chair of Audit Committee$7,500
Additional Cash Retainer – Chair of Compensation Committee$5,000
Additional Cash Retainer – Chair of Nominating & Corporate Governance$5,000
Annual Grant of FSP Common Stock (grant-date fair value)$45,000; closing price on the 10th business day following the Annual Meeting

Actual 2024 director compensation (Burke):

YearFees Earned/Paid in Cash ($)Stock Awards ($)Option AwardsNon-Equity IncentiveAll OtherTotal ($)
2024$45,938 $45,000 N/A N/A N/A $90,938

Notes:

  • The Board reduced director cash retainer and chair fees and permanently reduced equity grant to cut G&A amid office-REIT headwinds.
  • Annual/Additional cash retainers paid quarterly; expenses reimbursed.

Performance Compensation

ElementTerms
Annual equity grant (Common Stock)$45,000 grant-date fair value; grant occurs on the 10th business day after the Annual Meeting; no options granted to directors in 2024
ClawbacksCompany has a clawback policy; Compensation Committee authorized to implement/oversee
Hedging/PledgingHedging and short sales prohibited by policy

No director PSUs/RSUs/options are disclosed; director equity is an annual common stock grant, not performance-conditioned.

Other Directorships & Interlocks

CategoryDetail
Current public company boardsNone disclosed for Burke
Compensation Committee interlocksNone disclosed; no reciprocal executive overlaps at other companies in 2024

Expertise & Qualifications

  • CPA with deep REIT/real estate audit experience; specialization in financial reporting, internal controls, and audit matters.
  • Advisory roles spanning public offerings, private equity/debt financings, and M&A; strong transaction oversight capability.
  • M.S. in Taxation; Bentley University accounting studies; professional memberships (AICPA; Massachusetts Society of CPAs).
  • Designated Audit Committee Financial Expert; aligns with Audit chair responsibilities.

Equity Ownership

HolderShares Beneficially Owned% of OutstandingOwnership Guidelines CompliancePledged Shares
John N. Burke122,600 ≈0.12% (122,600 / 103,566,715) Directors must own ≥5× cash retainer; all non-employee directors compliant as of Feb 1, 2025 None disclosed for Burke (pledging note disclosed for McGillicuddy; not for Burke)

Stock ownership framework:

  • Director stock ownership guideline: 5× cash retainer; measurement uses greater of cost basis or prior-year average closing price.

Governance Assessment

  • Strengths:

    • Independence and technical depth: Burke is independent and the Audit Committee financial expert, enhancing financial oversight quality.
    • Active committee service: Chairs Audit; serves on Compensation and Nominating & Governance, supporting cross-committee risk oversight continuity.
    • Engagement and attendance: Consistent participation (>75%) and full slate of meetings (Board/committees) in 2024; attended Annual Meeting.
    • Alignment signals: Reduced director pay and equity grant in 2024 to cut G&A given macro headwinds; robust anti-hedging policy; clawback framework.
    • Shareholder responsiveness: Addition of shareholder-recommended director and Board refreshment indicate openness to investor input.
  • Watch items / potential concerns:

    • Tenure: Service since 2004; long tenure can raise refreshment questions, though Board undertook refreshment actions in 2024–2025.
    • Leadership structure: Combined Chair/CEO role persists; mitigated by Lead Independent Director and executive sessions but remains a governance debate.
    • Family relationships in management: CEO’s sons are senior executives; while not implicating Burke directly, Audit Committee (chaired by Burke) oversees related-party policy; transparency noted.
  • Overall: Burke’s independence, audit expertise, and committee leadership support board effectiveness and investor confidence. Compensation moderation, ownership guidelines, and anti-hedging/clawback policies enhance alignment; monitoring of board refreshment and leadership structure remains prudent.