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The Three Essential Duties of a Nonprofit Board Member

April 23, 2015 By Nonprofit Executives

In the first few weeks of any new year, there is a ritual among nonprofit organizations that is as regular as the changing of the guards at Buckingham Palace.  Boards of directors come together to map out the year ahead, review budgets, and welcome their newly elected members.  Typically, new members have been selected because of their potential fundraising abilities or their expertise in a particular field. It is the board’s hope that the new director will bring a fresh perspective and help further the organization’s mission. But as power is transferred from the old directors to the new, it is important for the newcomers to fully understand the responsibilities behind the roles they are accepting—i.e., how to effectively guard their posts.

There are three basic principles of nonprofit corporate law that can help serve as a moral compass and govern the decisions of a board member throughout his or her term.

  1. Duty of care. Duty of care refers to a board member’s responsibility to act in the same manner that any other “reasonable” person might act in the same circumstances. It implies that a person must make decisions in good faith and use rational judgment. This can also include taking precautions to avoid any reasonably foreseeable harm that might come to others or to the organization.
  2. Duty of loyalty. Board members have a duty of loyalty, or a responsibility to always act in the best interest of the organization without any conflicts of interest. This can become a gray area for many board members who own businesses or hold positions in companies that stand to gain from the activities of the nonprofit. It is always a best practice to make any potential conflicts of interest known to the board so that the appropriate approval processes can take place and there is never a perception of self-dealing.
  3. Duty of obedience. The duty of obedience refers to a board member’s obligation to remain faithful to the organization’s mission statement. Board members have been entrusted by their constituents to ensure that resources are being used to accomplish the organization’s stated goals and not being diverted to other purposes. The mission statement of any 501(c) organization can be found on their Form 1023.

The first meeting of a new year is an excellent time for boards to dust off their Form 1023 and make sure that all of their planned activities align with their original mission statement. It is also a time for reviewing the legal and fiduciary responsibilities of the board so that they can effectively guard and protect the organizations they serve—just like the guards at Buckingham Palace, but without the bearskin caps.

 

Filed Under: The Nonprofit Blog

Five Tips for Greater Financial Sustainability in 2015

January 28, 2015 By Nonprofit Executives

It is an incontrovertible truth. Nonprofits cannot survive on good intentions alone. No matter how noble the cause, every nonprofit must first establish a certain level of ongoing, financial sustainability to support their operations. But this isn’t always as easy as it seems; many leaders will attest that more of their working hours are spent finding ways to fund their missions than in executing the missions themselves.

Unfortunately, the challenge of achieving financial sustainability is even greater for organizations that serve the neediest communities. Those located in poorer neighborhoods have fewer donors and greater competition for limited resources. There are however, some simple strategies that will go a long way in helping any nonprofit improve their long-term financial viability.

A recent study by the RAND Corporation examined some of the major challenges that nonprofits in low income communities face in regards to financial sustainability. They also offer recommendations that any nonprofit, regardless of size, location, or mission should think about during their strategic planning for 2015.

  1. Minimize your dependence on traditional sources of funding. While state and federal agencies provide enormous support for many nonprofits, their funding is subject to cutbacks during economic lows. In addition, nonprofits that accept state and federal funding are required to comply with guidelines on how the money is used and provide extensive documentation as proof of their compliance. This can become a costly administrative burden for the organization. Instead, nonprofits need to supplement their portfolios with their own, innovative fundraising campaigns that tap into their unique assets and leverage the networks of board members. Some examples include establishing giving circles and nurturing relationships with private investors.
  2. Build your brand Any organization that competes for resources must have clear and consistent messaging about who they are, the value they provide, and why they are better than their competition. A strong brand identity is a powerful tool that not only builds trust in the community, but also provides a framework for prioritizing organizational activities and preventing mission drift. Much like for-profit organizations, nonprofits need to utilize an arsenal of marketing tools to promote their brands to new audiences—websites, social media, public relations—while ensuring that their messaging stays true to their identity.
  3. Partner with other nonprofits. There are countless ways that nonprofits can help each other by sharing resources, expenses, and expertise. Whether it is in fundraising, grant writing, or purchasing in bulk, strategic partnerships between nonprofits means that everyone achieves more, with less.
  4. Demonstrate the ROI of your programs. Tracking and reporting on the effectiveness of your organizational activities is not only a legal and ethical obligation, it also supports your case for asking funders for additional money year after year. Establish a formalized measurement system to demonstrate the impact of each dollar that is used in your programs. Provide this data in annual reports and other channels of communication to reflect your accountability. This will help garner trust and credibility among your constituents.
  5. Promote community involvement. Encouraging members of your community to accept roles as board members or volunteers can open the doors to new resources and areas of expertise that you would not otherwise have. A pool of highly motivated volunteers can be one of the greatest long-term assets a nonprofit can achieve. Research indicates that when members of the community have a sense of ownership toward a nonprofit and its mission, the organization is less vulnerable to downturns in the economy.

Improving your financial sustainability is a complex and continual process. These are just a few strategies to consider, and if you’ve already put them in place, stop for a moment to evaluate how well are you executing. You are likely to find small ways to improve in each area that will make a lasting, measurable difference over time. Here’s to your success in 2015!

Filed Under: main, The Nonprofit Blog

Self-Dealing in St. Louis and Lessons Learned

October 10, 2014 By Nonprofit Executives

In April of this year, the news outlets in St. Louis, Missouri turned their attention to a story about the Zoo-Museum District board that awarded a multi-million dollar contract to a design firm to build a pavilion within the St. Louis Science Center. The contract, ranging from $1.2 to $2.5 million was, unbeknownst to the board, awarded to a design firm that was owned by one of their very own directors. Once this became known to the public it sparked a heated debate in the media, and was promptly followed by the resignation of the board member.

This serves as the perfect illustration of what nonprofits must work to guard against—the real (or perceived) conflict of interest that takes place when a board member stands to gain personally from their relationship with the organization.  The story in St. Louis involves a public organization that receives taxpayer dollars and is governed by a different set of rules than the ones that govern nonprofits, but conflict of interest issues arise from the same set of circumstances. Both types of entities need strong boards, comprised of members who are knowledgeable in their fields and able to provide expert guidance and direction. In many cases, the best candidates for board positions also have a financial interest in businesses that can help advance the mission—but therein lies the danger.

The IRS offers some guidelines for nonprofits that are designed prevent board members from unethically profiting from their positions. First, the IRS requires the completion of a Form 990 in which nonprofits must disclose the compensation and potential conflicts associated with officers, directors, trustees and key employees. Second, they encourage nonprofits to establish a formal conflict of interest policy and have ongoing reviews of the policy with its staff. But the guidelines they recommend leave some wiggle room for board members to do business with the nonprofit. The IRS’s sample policy states: “A financial interest is not necessarily a conflict of interest.  Under Article III, Section 2, a person who has a financial interest may have a conflict of interest only if the appropriate governing board or committee decides that a conflict of interest exists.”

From this policy, a board member (or a company they have a financial stake in) can still ethically bid for contracts with the nonprofit, but ideally, they would be offering below-market rates of their goods and services, creating a win-win for both parties.  In the real world, things don’t always work out that way. In 2007, the Urban Institute did a survey of over 5,100 nonprofits and found that more than 41 percent of nonprofits with at least $10 million in annual expenses purchased goods and services from board members. The study also showed that only 39 percent of the larger nonprofits that did business with board members received below-market rates. The other 61 percent may not be in outright violation IRS regulations, but they are taking an enormous risk with regard to public opinion and loss of support from contributors if it becomes the public perception that a board member is taking undue advantage of their position.

Many financial consultants would advise against letting board members bid on contracts because it puts the nonprofit’s reputation at too great of a risk. Even where there is no impropriety, the mere perception of impropriety can have a damaging impact on their name, their donations, and their ability to fulfill their mission. Others might argue that the very reason board members volunteer their time and expertise is because of the financial opportunities that come from the relationship with the organization, and without these opportunities, nonprofits won’t be able to properly staff their boards.

It’s a slippery slope that each nonprofit should manage carefully according to their own code of ethics and risk tolerance. The best course for mitigating some of the risk is to create a clear conflict of interest policy, outlining precisely what behaviors and relationships are allowed, and socialize it regularly among the board and the public. If a conflict does arise, the nonprofit needs to deal with it openly and swiftly to maintain its credibility. Establishing, socializing and enforcing a strong conflict of interest policy will go a long way toward protecting your nonprofit organization from scandals like the one in St. Louis, so that when you do end up in the press, it’s for all the right reasons.

Filed Under: main, The Nonprofit Blog

Does Your Bookkeeper Drive an Airbus?

July 17, 2014 By Nonprofit Executives

Fifty billion dollars. It’s a staggering sum of money that most people can only fantasize about, and when asked, what you would do with such an outrageous amount of money, there is  a struggle to translate into everyday terms.

To provide some perspective, here’s a fun shopping list of things you could buy if you had $50 billion:  33 Yankee Stadiums, 25 percent of the Microsoft Corporation, 520 Neverland Ranches, or 120 Airbus 380s (these are the cool double-deckers that Saudi princes buy.)

What is even more unfathomable than owning just one Yankee Stadium, is the fact that $50 billion is  the estimated amount that is lost each year to fraud in nonprofit organizations (according to the New York Times). One might assume that most fraud takes place in  large global charities with deep pockets similar to the Red Cross or UNICEF.  In reality, most embezzlement takes place in smaller organizations with fewer than 100 employees due to the fact that these organizations are less likely to have adequate internal controls in place.

When it comes to embezzlement, it is a sad irony that nonprofits are founded on the noble intention of improving the state of mankind, and unfortunately can become the easiest targets for  fraud.  Small nonprofits are even more vulnerable because their environments are very personal, more intimate, and nurture a false sense of security that “it could never happen here.” But it isn’t too hard to imagine how an employee, facing their own financial pressures and temptations, might begin to skim a little cash here or there. If you are watching the news headlines,  there have been multiple reports on   how  cash skimming  soon evolves into falsified time sheets, expense reports, and more, until the nonprofit is losing huge amounts of money – one Airbus seat cushion at a time.

What to do:  to protect the mission and the reputation of a nonprofit? Leaders can implement best practices that will go a long way toward preventing “fraud,” “embezzlement,” “larceny,” “and other charges” that are often described in the news. Conducting surprise audits, requiring regular job rotations, enforcing cross-checking and review processes for all financial transactions, and providing hotlines for anonymous whistleblowers are just a few of the precautions that can be taken. These policies are not meant to be a burden to your operations, but a way to preserve both your financial resources and the public’s trust in your good name.

If you are not sure whether or not you have enough checks and balances in place to protect against fraud, external auditors, industry experienced consultants can offer some important insight into where you may be at risk. With so much at stake, you want to ensure that the  donations that are generously made to your organization are used for their intended purpose and not for an employee’s personal gain.

Filed Under: main, The Nonprofit Blog

Why Understanding Your Form 1023 is “Mission Critical”

May 20, 2014 By Nonprofit Executives

Last month I gave a seminar on revenue diversification to a group of people who serve on the boards of a wide variety of nonprofit organizations. In my work, I have the pleasure of meeting dynamic leaders who are dedicated to serving others and to providing their organizations with the oversight that will help them achieve the missions for which they were created.

What I found surprising and potentially problematic was that the vast majority of my audience, though passionate about their missions, could not tell me anything about the real mission statements on which their charities were founded. The one that appears on their Form 1023 and that is submitted to the IRS to gain the service approval for a tax-exempt status. Most of my audience had never heard of, nor seen, nor read their Form 1023.

In order to gain tax exempt status under the IRS Section 501(c), nonprofits are required to complete a Form 1023, stating the intended mission of the organization such as charitable, religious, educational, or scientific purposes. They are also required to provide a detailed narrative of all past, present and planned activities that support this purpose. Gaining tax exempt status saves the organization from paying a host of taxes such as federal income tax, federal unemployment tax, state tax, and more. The danger arises when a nonprofit begins to engage in activities that fall outside the parameters of what they originally listed on their Form 1023. Then, they could be at risk of losing their tax exempt status and all of the financial benefits that come with it.

For example, if a nonprofit earns income through activities that are not related to those on the Form 1023, they could be required to pay taxes on that income. More importantly, if a nonprofit participated in political campaigns, lobbying, or engaged in activities that benefited an individual’s private interest, they could be stripped of their tax exempt status altogether. No matter how well intentioned these actives might seem, the IRS may take a completely different view.

Whenever I to talk with people who are thinking of assuming a position of leadership within a nonprofit, I strongly recommend that they first gain a clear understanding of the organization’s mission, and that includes the important information of the mission detailed in their Form 1023. One of the most important things that you can do to protect the interests of your nonprofit is to know and embrace the real mission statement and all of the rules that apply to it. And this mission, should you choose to accept it, will ensure that you, your donors, and your volunteers can continue to serve the causes that are nearest and dearest to your hearts.

This blog will self-destruct in sixty seconds.

Filed Under: main, The Nonprofit Blog

Peeling Back the Covers of Your Finance Department

April 13, 2012 By Nonprofit Executives

I recently delivered a presentation at the Essex County Institute for Trustees, a full day conference for board members and executive directors of nonprofit organizations. While the subject I covered, nonprofit finance, is by no means a new subject, many organizations still struggle to optimize their operations in order to make the most impact with limited financial resources.
… 

Read More »

Filed Under: main, The Nonprofit Blog

Proposed Changes for New York Nonprofits

February 16, 2012 By Nonprofit Executives

In June of 2011, New York Attorney General Eric T. Schneiderman announced the formation of a Leadership Committee for Nonprofit Revitalization. The task force, composed of 29 leaders in the nonprofit sector from across the state, was charged with presenting a series of recommendations to reduce regulatory burden and costs on nonprofits while strengthening nonprofit accountability.
… 

Read More »

Filed Under: main, The Nonprofit Blog

Fiduciary Responsibility Training

February 7, 2012 By Nonprofit Executives

Teachers get professional development to maintain their professional certification.  Doctors, nurses and other healthcare professionals also take classes and engage in professional development.  As a CPA, I have to maintain my professional credentials through education.  (Continuing professional education (CPE) is required for CPAs to maintain their professional competence and provide quality professional services.)
… 

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Filed Under: The Nonprofit Blog

Everyone Gets Rated

November 15, 2011 By Nonprofit Executives

Your favorite restaurant has one. Movies have them. If you are active in social media you probably have two or three or twenty.  Nonprofits have them too.

A rating.  Or should we say, another rating. A more in-depth rating…. 

Read More »

Filed Under: The Nonprofit Blog

And here’s a drop in the bucket for you, and you, and you…

October 7, 2011 By Nonprofit Executives

As part of a ten-step program to encourage job growth, Boston Mayor Thomas Menino recently proposed a credit for nonprofits that hire unemployed Boston residents. Not-for-profits that hire the currently jobless would receive a $1,000 or $1,500 credit deducted from the money nonprofits are asked to pay in lieu of property taxes…. 

Read More »

Filed Under: The Nonprofit Blog

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