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Nonprofit Radio for September 1, 2017: Fiscal What?

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My Guests:

Gene Takagi & Andrew Schulman : Fiscal What?

Fiscal sponsorship. You’ve probably seen it and don’t know what it’s called. We’ll fix that as we cover what it is; who does it; how it can help your work; getting started; and what can go wrong. Gene Takagi is our legal contributor and principal of NEO, Nonprofit & Exempt Organizations Law Group. Andrew Schulman is with Schulman Consulting.

Gene Takagi
Gene Takagi
Andrew Schulman

 

 

 

 


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Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. I’m your aptly named host. We got two new sponsors to welcome today. Wittner, cpas and apolo software welcome, wagner. Welcome apple, o’s. Oh, i’m glad you’re with me. I get slapped with a diagnosis of collect a zia if you tried to milk me with the idea that you missed today’s show physical what fiscal sponsorship you’ve probably seen it and don’t know what it’s called will fix that as we cover what it is who does it, how it can help your work getting started and what could go wrong? Jean takagi is our legal contributor and principle of neo non-profit and exempt organizations more group and andrew shulman is with shulman consulting. They’re both with me for the hour. Tony take two sponsor love responsive by pursuant full service fund-raising data driven and technology enabled pursuing dot com and by wagner sepa is welcome wagner guiding you beyond the numbers wagner, cps dot com you’re not a business you’re non-profit apolo see accounting software designed for non-profits welcome abalos, they’re at non-profit wizard dot com and by we be spelling. Supercool spelling bee fundraisers. We be the spelling dot com. What a terrific pleasure to welcome back jean takagi. You know him? You know, i’m for pizza, but he deserves a proper introduction. Of course. He’s, a managing editor, managing attorney of neo, the non-profit and exempt organizations law group in san francisco. And he edits the popular, wildly popular. You should be usually following this blood non-profit law block dot com highly recommended by non-profit radio and he’s, the american bar association’s twenty sixteen outstanding non-profit lawyer he’s at g tack on twitter welcome back, jean. Hi, tony it’s. Great to be back. Ah, pleasure and were joined. Bye, andrew showman. He runs the only consulting practice in america focused on fiscal sponsorship, showman consulting, assisting both sponsor organizations and fiscally sponsored projects. He’s, an active member of the national network of fiscal sponsors and a probono consultant for the taproot foundation. His companies that showman consulting, dot com and he’s at am shulman. Welcome, andrew. Thanks for having me, tony. Good to be here. Pleasure. I’m glad you both with me. Thank you for the hour we got we got a big topic this fiscal. What? This fiscal? Sponsorship. Gene let’s, let’s. Start with you. What? What? What are we talking about? Fiscal sponsorship. But it is a little bit of a complicated topic. We have an hour together, which is great. The pickles sponsorship can mean a lot of things. And so when people use the term pickle sponsorship, many of them are thinking of it as a kind of using another organization to raise money so that they could get a charitable project off the ground without forming a new non-profit. But it also refers to other types of relationships as well. But it generally refers to the ability of the charitable project to get the benefit of a five a one c three and raising money through five twenty three through the relationship of the project leaders with the five o one c three o’clock you are approached by a lot of, well, intention, zealous people who want to start non-profits and you just mentioned this can be an alternative to that. Do you have you guided people in this direction? Oh, and it has been successful. Yeah, absolutely. Tony so it works is a great incubator for charitable ideas that organizer’s may not be. Sure of you know, we’ll get off the ground or not, but they’d like to give it a try where might be for a limited scope, it might be for you no one event a year or we’re going to just do it for one year and see what happens. It’s great to have a another charity out stairs and things, you know will sponsor even we’ll, you know, we’ll sort of recognise this is an internal project of ours, and you can work with us to do it. And if it works, maybe spend off later and you form your own non-profit so it works of the great incubator, and i often advise smaller organizations that don’t have a lot of administrative expertise. Teo, think about pickles and jean have you also worked in your practice with the sponsor organizations? Yeah, with several sponsors throughout the country, tony and on their way to do it right into ways to do it wrong. So hopefully we get a chance to look into those things a little bit more. Okay? Sounds good. Andrew let’s bring you in. I know your practices both on the sponsoring side and also the the sponsoring a project side. Anything you want to add at the at the outset, the way tryto break this down for people. I would just just echo what you said about, you know, its sponsors have bean a lot of different things, and you know, it the most interesting thing that i’ve run into is that everyone has a, you know, a little bit of personal experience, i say they were looking at physical processes through a keyhole, and if you sort of pull back there’s actually a whole landscape of different things that it means and different ways that could work. So that’s, what it’s really about? Okay? And i got i got, i guess, validation for the two of you being expert in this area, someone e mailed me someone who works in non buy-in the fiscal sponsorship and said that both jean and andrew are experts on then, of course, now we’re on facebook live live listeners if you want to follow us. Ah, watch the video facebook live! Go to the tourney martignetti non-profit radio page, facebook and document hello, reed reed says gina’s, an awesome expert. Thanks for the topic. Absolutely, reed. You’re in the right place. You should be here every every friday one to two eastern. This should be your your staple friday at one. O’clock! But i’m glad you’re with us today read on also vanessa jones is on facebook live hello? Vanessa. Hello. Um okay, so yes, you both said lots of ways to do this, and in fact, there are models a through f so we’ve got six models, but the two of them are the most popular a and c i don’t know why it’s not a and b maybe we can bring that up with the national, the the national national network. Thank you. Thank you, andrew. National network of fiscal sponsors, but anyway and see the most popular. So we’re going to spend time there, but let’s see andrew let’s stick with you. What? Just let i don’t want to tick off six different models because we’re not going to spend a lot of time on four of them. But just what? What are the distinction? Like what? What characteristics distinguish generally between the six models? What kind of different things that we see in the six different models and then we’ll have time to focus on amc. Okay, okay. Yeah. I will go through all of them individually. But, you know, the key differentiator is elearning and this is something jean will hopefully timing as well. Is the legal relationship between the bumper and the project? Ok? And so do you. Think of it. Spectrum, you know is at one and where the project is essentially the eyes of the law of the ira. Just the program pasta. Looks like they decided to start up a new program. It was much the same way to the regulators, you know, down to, uh, c is one where the project is actually a separate legal entity has its own. We got standing, but just does not have usually does not have a five. One two three on those using the answer for that. So there’s all between there there’s all different relationships on different setups, but basically dependent on what that relationship looks like. Sort of what level the project is at in terms of their i don’t know their situation of you know, either. Incorporated. You have any standing? Okay. Okay. So, it’s a different relationships between the two. Andrew, when we come back to you, i need to speak up a little louder. Okay, try toe latto. Right. A little post it note on your by your phone. And speak a little louder. Okay, so you remember through the hour you’re coming in to buy it for everybody. Okay, now i did find, you know, contrary to popular belief. Actually research these conversations before i have them. And at fiscal sponsorship dot com there’s an article by someone who i think is pretty well known in this area. Greg gregory colvin on my right, gentlemen, he’s he’s written a book. Yeah, i don’t have that right. Yes. Okay on dh he’s got a chart. So if you go to fiscal sponsorship, dot com in this paper by him which is called presentation on fiscal sponsorship also aptly named good for him there’s a chart. And it has the a through f and lays out different basic characteristics. And whether it’s a separate legal entity and we’re the charitable of nations belong and things like that. So if you want to, you want to get more detail on the six. Certainly khun consultant jean takagi or andrew goldman. But if you want to see a simple chart, then you could go to fiscal sponsorship. Dot com. Okay, gene let’s. Um, let’s, let’s. Start toe. Break these down. Model a. Way let’s say we just have, like, a minute or so before break. So why do you just given overviewing of of what? A model, eh? Looks like jean sure. So it’s actually exactly what andrew? It said it. It really is an internal program or unit of the fiscal sponsor. And what happens is the project leaders, the people who come up with the idea that they want this project sponsored, go up to the physical sponsor and say, hey, can you develop a internal program within your entity within your charity, but delegate management of it up on the one thing that separates it from just being a plain vanilla internal program? Is that there’s a fiscal sponsorship agreement that allows the program organizer’s or the project organizer to spin it off at any time? They decide that the fiscal sponsorship relationship isn’t right? Or they decided that there finished with the incubation and they want to set up their own non-profit bible, twenty three entity and then move the programme over into that new energy so that basically modeling in that shop? Okay, cool, well done on. We’re going to dive in further on that and talk. About the pitfalls contracts. Bond, gentlemen, what i do want to do is i want to approach this from the perspective of a potential sponsors, because we’ve got, you know, over twelve thousand people working in and around small midsize non-profit. So they’re all potential sponsors, so that i want to look at it from that perspective more than the perspective of the potential projects. Okay, so everybody stay with us. Fiscal sponsorships continue. You’re tuned to non-profit radio. Tony martignetti also hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a quick ten minute burst of fund-raising insights, published once a month. Tony’s guests are expert in crowdfunding, mobile giving event fund-raising direct mail and donor cultivation. Really, all the fund-raising issues that make you wonder, am i doing this right? Is there a better way there is? Find the fund-raising fundamentals archive it. Tony martignetti dot com that’s marketmesuite n e t t i remember there’s, a g before the end, thousands of listeners have subscribed on itunes. You can also learn maura, the chronicle website philanthropy dot com fund-raising fundamentals the better way. Welcome back to big non-profit ideas for the, uh, they’re ninety five percent got a bunch of people who joined us on facebook live. I love it, rob meger, dahna lechner character chicky and i think we’re headed to the beach. Gary astro, welcome, welcome. Uh, is that kurt? Kurt hildebrand? Okay, welcome, facebook, live. Glad you’re with us. Um, okay, so. Uh, your name is jean, not sam. Sorry. Nobody’s name here starts with an s so that was that was a big faux pas. Okay, gene let’s, let’s. Go a little further with model a. Why? Let’s again? From the sponsoring organizations perspective. Why would non-profit want teo taking an internal project from some bunch of ruffian startups? Start up people with a lot of passion, but not any business sense. What’s the advantage to the that sponsor organization. Well, hopefully they have a little bit of business. Otherwise you wouldn’t take them. Yeah, all right. That’s, the main reasons why a physical sponsor and existing charity would say, hey, i’m willing to sponsor your project and actually make it an internal program of our entity. The main reason they should do that, it’s because it furthers their own charitable mission. So that should be the number one reason what ends happening sometime by maybe less informed leaders of some organizations that might be willing to physically sponsor a project is that they think that it might be a way to make some additional money on. And they might say, hey, we can raise funds for this program. But you know, bring in a little of that for our own general admin purposes, and maybe that that’ll that’ll effectively give us more resource is to do everything else. Okay, well, right, because andrew there’s a fee associated with this, right that the sponsoring organization charges the project. Yes, i think that’s correct, usually it’s space, either on the revenue that’s raised percentage or face on the expenses of that project. Okay, and what, what, what, what? What’s. A typical range what’s fair. Well, it depends on the model depends on a lot of things, but i would say anywhere between five and fifteen percent. Okay. Okay. Uh, in the rain. All right. We’re just right now. We’re just talking about model a sow is that? Does that apply for model a five to fifteen percent? Yeah. Model a. We’re probably looking at four of us st nine. Ten. Fifteen. Okay, a little bit hyre right, because the organization that sponsors is taking on a lot of responsibility, right? Let’s, start flushing that out. Yeah, exactly. There. They’re taking on all of the legal responsibility all of the risk in terms of liability for the project. A cz well, as taking on the financial management of the donations that are coming in and how they’re being piela being spent all that money being spent, the employees rest if there’s paid employees so there’s a lot of a lot of pieces for the for the for the pompel okay. And what what’s the board’s obligation here before we before we take this on it. It sounds like something we shouldn’t do just for the revenue. Wait, let me just let me just start with that question. We should not do it. And i think gene was alluding to this. We shouldn’t do it just for the money. Do i have that right? Yes, i would say nobody should get into any part of non-profits to make a lot of money. Okay? And, of course, you know, even e guess, even if it furthers your mission. But you know, if you’re not really into the whole idea, but you just feel like you could let’s say it does meet the criteria that gene mentioned definitely furthers your charitable mission. Ok, got that. But then wait. We could make some money at it. You know where we’re like, lukewarm on the relationship idea. But, you know, we could make nine or ten percent that’s. This is not the way to go about it, right? Right. Right. Yeah. It really also requires the sponsors have there processes of infrastructure in place to do what? Well, i know there’s. We’ve talked about the book that six ways to do it right, andi, i know jean government have flogged their six ways to do it long from a legal standpoint in my world. From the operation standpoint, there’s, probably about a hundred ways to do it wrong on one of them is trying to take on a project as a sponsor when you don’t have your own infrastructures, set up well, and your financial processes and on all of that work is not sort of ready for prime time than if you take on someone else’s. On top of that, you’re just setting yourself up for bad situation. You alludes in the book? I didn’t. I didn’t make the connection explicitly. The book is by gary coleman. Is that right, greg? Greg coleman, thank you. Six. What is what is the exact title of his book? Jean correct me if i’m wrong, but i think it’s a fiscal sponsorship six ways to do it right? Yeah. That’s absolutely right. And and greg corbin is the guru oh, on this topic, tony he’s he’s really led the whole movement on dh written really? The seminal book and probably only full sized book on the matter. And it’s any non-profit actually wants to start a physical sponsorship program or hasn’t, you know, has started doing it kind of informally, but not really gotten their ducks in order. They should buy this book and read it very carefully. Okay. Greg colvin, fiscal sponsorship. Six ways to do it right. Is that right? That’s? Right. Okay, jean let’s flush out some of these legal responsibilities that ah, sponsoring organization is taking on under model a what does the board need to consider and be aware of? So apart from from the mission of the project, they want to make sure that they got the right sort of project leadership in place. They obviously, as andrew was saying, you’re taking on not only all of the responsibility, the legal responsibility, the project and the financial management responsibilities project, but everything to do with the project is to do with your organization as well. So it’s there any risks involved in that project? The liabilities are going to be the physical sponsors you’re not isolated from that. So you’re taking on all that responsibilities the board has got to think about on dh sometimes he delegates this off to management that the project is well to find enough to be able to do it, but i like it when boards actually approved the projects and take a look at the application, which might include bios of the project leaders, um, and any special rigs that might be involved with their activities. So if there are working with children no, if they’re going on outdoor expeditions or if they got a camping program, is going to be dealing with research for on any see more than just sort of playing administration in an office they’ve gotten think about the risks and whether they have the right insurance in place and all of the infrastructure things that andrew said they’ve got to get in order before the accept the project, those are all the things that the board has to say. Yes, we’re prepared. To take on this particular project because we’ve got all our ducks in order to be able t o i handle the management and oversee all of the management of this particular project, its employees and volunteers and everything else. All right? I’m i’m getting i’m getting tired now of talking in the abstract i want i want toe implore you to tell me a story. So, gene, can you have you have a client story you could tell about a model, eh, fiscal sponsorship that that went well? Sure so ah, a typical model a project make may come in that say says we’ve got this great idea. We’re going teo run an after school program for children’s education in this area of a city that doesn’t get much of those services. We’re not sure you know if it’s gonna work or not, we project that we’re goingto bring in about one hundred thousand dollars a year, and we’re not sure of funding outside of the first year we’ve got some donors and foundations, perhaps that if we have a five a one c three, they will commit. So we’ve got this first year commitment of one hundred thousand dollars we’re not sure after that, if it’s gonna work, so we’re looking for a physical sponsorship relationship to start out with, and that might be kind of the first cases of saying from the physical sponsors point we’ll have you done anything like this before? Have you raised funds before or, you know, how did you get this initial one hundred thousand dollars worth of commitment on dh? What risk is there going to be involved in your after school program? What exactly? When are you going to do who’s going to manage it? Do you need employees? You know, are you going to be all volunteer, right? Those are the types of questions that need to be asked of this particular project that we’re talking about and sometimes stop, you know, in that particular project that i’m thinking of, you know, ended up becoming a great project for that sponsor, the people that brought in the project, we’re really focused on program and fund-raising they didn’t want to worry about all the admits, what filings to make? They didn’t wantto worry about payroll tax withholdings or insurance developed beings called the government’s policies, or even putting together a real board of directors, andi get all of that through the physical sponsors that works really well for the project and the programme leaders. The fiscal sponsor gets this project because they’re also interested in in-kind of children and youth programs in their area, they get this great project that gets a lot of attention, does very well, not only for the first year, but for subsequent years after that, and a great long term relationship arises, and the project actually ends up staying with the physical sponsor, not just through an incubation period that they never want to leave the fiscal sponsors. If you imagine tony one hundred thousand dollars, if we’re talking about even ten percent in administrative fees that’s only ten thousand dollars that’s the project would be paying to the physical sponsor in order to get all of those things. All of the insurance policies of filing no set up that a great relationship that can happen. Okay? And it’s continued, gene has been successful staying with that sponsor organization for many years. All right, andrew, i’ll give you a chance when we get the model. See, i’ll give you a chance to tell a story. Ok, not to worry, okay, um, but still i model a andi want remind listeners i’m talking. Teo jean takagi, principle of neo non-profit exempt organizations, law group and our our legal contributor. And andrew shulman, principal at shulman consulting shuman consulting dot com and we’re talking about fiscal sponsorships right now. Model a. We’ll get to the model, see, and we’ll find out why be got skipped over andrew, what do you what do you like to see you mentioned? There is a lot of things that can go wrong. Tick off some things that you like to see in a written agreement, and i’m presuming that there should be a written agreement. Everything i read said there ought to be a written agreement, but sometimes there isn’t, or a lot of times there isn’t so let’s, just assume that non-profit radio listeners are going to do it right. There is going to be a written agreement between the two entities. What do you like to see in that agreement? Well, i like to see i like to see a lot of things, i mean, okay, i mentioned before, nothing, one of the most important one is how you know a clauses in sections that that will tell how this relationship might end it already if and when it’s ready to be ended by either party. So if the project isn’t doing well and the practically there’s aside, okay, we’re you know, we’re going to close up shop. There should be part of the contract that say, ok, when that happens, here’s, how we’re going to do it wording and andrew, including the possibility of spending off to a different supporting organization, right? Right. So that’s the other side, if it does well and they decide either way, we need to move to a different sponsor that maybe has mohr provoc rise more services or more services. Tailors are specific needs or we want to go out. We’re at the point where we’re big enough people enough, we get our own. Five. One, two, three. You know what? How? What are the rules? And one of the for the processes dictates that so that that should all be in the contract, i’m i also like tio put in again, i’m not a durney venus, but i like to also put in the expectations of both the sponsor that the project should have for the sponsor and that the sponsor has for the project, so that gets into a little bit of process. And, you know, when, how long should we expect as a project that’s gonna take us a sponsor too? Latto check when we need to, you know, make a payment to a vendor or to review a contract before we before we do it, how, you know, if we’re if we’re applying for institutional grants from foundations, what’s the role of the project of the sponsor in that those kinds of things as well so that that’s the kind of stuff that usually gets skipped over in a lot of cases, but i found that to be successful as a sponsor, you really have to set the expectations up front of both how you’re going to operate with the project and what you expect from them. Jean would you want to add on the contract side so just clarity about that, that the project and all of the funds raised for the project are really funds raised for the physical sponsors, the party that signed the contract with the physical sponsors so the project leader they’re not registered to engage in fund-raising themselves and they don’t have five a onesie three status out neither the physical sponsors, so they have to realize that when they’re fund-raising there fund-raising as agents of the five a onesie threespot co sponsor, and they’re raising funds for an internal project of that sponsors so it could be restricted funds that they’re raising but it’s not funds for their separate entity or anything like that. So when they spend off, they might form a separate entity. But ultimately all of the funds belong to the sponsors, so there should be that legal understanding and the contract has got to recognize that. Because if you run into an issue with the irs for an attorney general or other regulators, that documentation has got to be perfect, even though ultimately the sponsor should be willing to transfer out the assets that you’ve got a suitable successor that’s willing to take on the project, including if the project leader’s create their own five a onesie three entities, now they’re going to be little caveat to be careful about. So here we go. One of the reason why the termination is because the project leaders have failed miserably and even embezzled money from the organization. Well, then you don’t wanna transfer assets out to something that they created that you know, would be imprudent for for the physical sponsors board. So little caveats like that you gotta be careful about, and then when they draft an agreement, you want to make sure that the sponsor is protected and doing it in the right way. Okay, we’re going tow. We’re going toe. All right, hold on. There just latto close that model a conversation. When we come back, we’ll do the model c will move to that. See what the differences are. See. See what it means legally, andi, i have to do in the meantime, do a little business first, beginning with pursuant, they’ve got a new free content paper for you. And that is the intelligent fund-raising health check. Health care is in the news. This is a fund-raising health check evaluates state of your fund-raising it includes nine key performance indicators. I think those air kp eyes if you want to be jargon e, but we’re not, we’re not here. Ninety performance indicators and ten characteristics of organizations that thrive. Where do you go? You go to tony dot m a slash pursuant twenty dollars starts pursuing check out free resource is from our sponsors pursuant weinger cps welcome again. Welcome, wagner. Welcome to non-profit radio. They are a cpa firm based in madison, wisconsin, and true to their tagline, they do go way beyond the numbers. They are also very generous with tons of free resource is they’ve got a page and has dozens of policy statements for you, including all the policies you need to make your form nine ninety complete like committee meetings, disclosures on fraud, document retention, lots of others and you’ll be hearing me talk about thes from week to week got to check these resource is out too, you know? Different but valuable absolutely from wagner cpas there at wagner c p a’s don’t forget, the less at the end dot com weinger cps dot com you’re quick resource is then guides stop wasting your time using business accounting software for your books you are in a business, you are a non-profit you’ve heard rumors to that effect welcome apolo software, our second new sponsor, this this week. Apple juice, apple of accounting is the product, and it is designed for non-profits. Don’t use the business software for non-profit your non-profit europe near you are born, used one that was built from the ground up for non-profits financial management. Simple, affordable it’s called apple, owes accounting. It includes fund accounting, advanced reporting, donation, tracking everything you need in one simple software, and you want check out apple of software. You want to see what what apple’s accounting is about. You go to non-profit wizard dot com that is our sponsors, those are our sponsors, welcome new sponsors. I’m very grateful for that. And now it’s, time for tony stick, too, and i am imploring you to show love to our sponsors are our listeners, whether you’re alive. Podcast or affiliate? I’m so grateful. That was not a side. That was a sign of gratitude that everybody’s with us. Um, i need you to ah, i need to check out the sponsors. It’s important. We need them to stay with her us so that we can continue to attract great guests. I can continue to take the show on the road to conferences will get outstanding speakers. They’re the conference speakers. I need you to support our sponsors on their new ones coming october first. So you may hear me mention this again. But for now, pursuant regular sea pia’s appaloosa counting on dweeby spelling. I need you to check out all our sponsors if they if you think they can help you, please let them check them out. Thank you very much. That is tony’s take two and i am with jean takagi and andrew shulman. We’re talking about fiscal sponsorship. Gentlemen, i think we’re ready to move. Teo model. See, unless unless somebody has something burning that the lackluster host did not cover in model a. So anybody, anybody have to say something about model, eh? Okay, going, going, gone. Thank you, thank you. Um, let’s. Move to model c and, uh, give it to andrew. What distinguishes model c from model, eh? Church model c is more of an armed blink relationship. Aunt it’s usually just face around a, uh, candy to space around a specific activity or even a specific grant about me from the project that the project is soliciting through the sponsors tax id number. So basically, in this case, the project, it is not a division or unit sponsor, but they have their own legal status. They usually registered within their state as a charitable organization, but they don’t yet have a five twenty three or don’t have a five, twenty three andi so they remain distinguish where here is that instead of handing off all of that administrative were to the sponsor with model, eh? I don’t see a lot more of that falls on the project, but they’re really just utilizing that. Five, twenty three status of the sponsor two taken tax deductible. So so is this just temporary? Until the the project gets its five. A onesie three designation from the irs, it can be can be temporary. Can be longer term candy. You know, there’s. A lot of uses. I know we haven’t gotten the story time. Yes, but there’s a lot of uses. For model b, the art where if you can imagine, a documentary filmmaker is doing a film that has a terrible purpose heimans telling an important story and they want to raise money via donations. I willbe tax deductible from the donors. And so instead of going through the process of getting their own twenty three, they can actually go through a physical sponsor of the model t and do it that way. Okay, uh, and reminder. I should’ve i should’ve mentioned it earlier. Andrew, remember to speak louder. Okay, write yourself a note and then look at the note to you’ve got to look at the note after you write it. Uh, jeanne model see what you want to add. So i’ll just build on what? But andrew, it just said a lot of times this is a project that thought by arts groups, sometimes by by research group, and they may not actually deformed the non-profit they might just be individual. So proprietors in the case of artist oh, are they might be just a for-profit type of al, l, c or business corporation, but beached in some sort of charitable effort. So the general idea here is they want to raise some money, and they’ve got some willing funders either donate or make grant to this specific project, but the funders and the donors the donors want to get a tax deduction for making the grant, but they can’t make a grant to liken individual artists and just take a deduction for that right on the foundation may not be able to make a grand to an individual artist without jumping through more hoops that they have to do under the regulations when they give to non charities, so both of them would rather give to a charity. But the fund what the artist maybe doing and in that case give it to the physical sponsor and the physical sponsor has the ultimate legal control and discretion over what they’re going to do with the money subject to the restrictions that the donors put. The donors are not going to say you have to give it to this individual artists what the donor’s going to say is we want teo produce oh, are we want to fund the production of a documentary on penguins in argentina and there’s only one, you know, so maker that’s actually doing that and they’ve made that, you know, typical sponsorship contract with the physical sponsor and what the models see. Agreement is a pre approved grant relationship. So basically their physical foncier’s saying, yes, we’ve already vetted this project. The artists on, and we know that they’re doing the research and they’re competent, and we trust them to be able to use our grant money properly. So if we raise the money, teo fund this project, we’re going to re grant it to this person, and this person is going to deliver the project for us, and then we’re going to make sure that it gets published. Distribution is simply because that’s, what a person on league it is, people, that’s, the typical marvel. Okay, so there’s that. There’s. More vetting involved. Do i have that right? Yes, going to be quite a bit of betting in in advance, just to make sure that this person isn’t just pay themselves, you know, for their their own living and, you know, housing expenses, but not do anything charitable with the money or build that they sell to a private collector. So it never gets into the public realm. And it’s just a way for that person to make extra income on their parents, donated the money and took a tax deduction for that that was completely improper and unlawful. So the sponsors got to make sure the vet that, if we’re going to enter into this relationship, are our role is a grantmaker, just like a private foundation might, you know, have a role to vet all of their grantees. But when you’re not going to give a grant to another public charity, you know, the responsibilities and the vending has got to be a little bit stronger, because you have to make sure that your money that you’re giving your charitable monies, that you’re giving us a fiscal sponsor, are only going to be used for charitable purposes. And they’re not going to be a fuse for private benefit. Jean do we know why model b got skipped over? Why did we get screwed? Well, pick first shot at a b b is around and this probably as the third most common of the fiscal sponsorship forms and it’s a little bit of model aimed he combined in that the project is owned by the physical sponsors, but rather than as in model a, where all the employees, volunteers and the contractors all are employed or hired or contracted by the physical sponsor. The entire project is going to be contract id out a single independent contractor in the model b, so you own the project because you want to control the project result, but you hired an independent contractor who would probably be the project leaders that brought the project to you in the first place, and they’re not going to be your employees, but they’re going to be independent contractors to it, and they’re going to supply all the services that our program services the cynical sponsor will still do most of the back office stuff. So is it too late there? Insurance would cover it, but they would hyre out an independent contractor. Can we have movable? Can’t we move? See up to be and be down to see since since sees more popular than be or is it xero late for that? So what? Who created this created this? I don’t know what greg’s mom and creature grantmaking. Dr gramm. We’re popular bin b but b if you look at it in terms of control and responsibility of the fiscal sponsor a is the most responsibility for the physical sponsor is the next most and he’s the least i see. All right, so we were working down a xander was saying earlier. It’s the relation what distinguishes these six is the relationship and we’re working. We’re working toward less less responsibility for the sponsor. Is that a through f? Do i have that right? At least eight, just like different variations. All right, all right. We need to get greg on here. Explain his nomenclature. But thes e the one who created this morass. Okay, we have it. We have a bit of a naming problem. Yeah, if you haven’t noticed. Yeah. Model, eh? My late model. Be okay. Uh, andrew, tell us a model. See story. Sure. So remember to talk loudly. I okay, i’m trying to tell me if i’m not because i’m trying to tell me what i need to talk even more loudly. Ok? Ok. You said okay, go ahead. I worked with. Okay, great. So i worked with an organization that association for non-profit news organizations on dh part of what they do is offer physical sponsorship metoo start up non-profit news entities. So i think, like the local ah, websites that have serve lots and all of the country with all the investigative reporters i’ve gotten laid off from newsrooms they’ve all got out started their own websites to cover local governments and things like that, and they offer a fiscal sponsorship in mile see to those entities to help them get started because and sometimes to stay for a very long time, because the gandhi’s are folks who are starting these entities that aren’t looking to you manage, you know, a non-profits they’re not looking to worry about out getting there there five, one, two, three status and and all of that on this organization that’s those folks, obviously they know who they are. They’re watching them very closely and know they’re acting as the five twenty three for all of those organizations. Okay, and that is that relationship continuing? Yeah, they have a have a great program. They have. Ah, i don’t know, probably upwards of twenty or so. And, you know, like i said, sometimes makes sense for that’s, awful, sponsored project and either model to separate out on their own. And sometimes it makes sense for them to stay, because, you know, if you had a certain level of size and fund-raising staff, bond, all that kind of stuff, uh, it’s, just a really good deal for you to be sponsors. And so, you know, especially in this day and age where a lot of funders are concerned about overhead and have lots of questions about overhead. I always tell people you’ll never have lower overheads in which her under physical sponsorship. We’re going to go out for our last break when we come back. Of course, live listeners love that. We’ve got to do that, and we’ll explore a little more than due diligence. Yes, and, you know potential risks. In our last seven minutes or so, stay with us. Like what you’re hearing a non-profit radio tony’s got more on youtube, you’ll find clips from stand up comedy tv spots and exclusive interviews catch guests like seth gordon, craig newmark, the founder of craigslist marquis of eco enterprises, charles best from donors choose dot org’s aria finger do something that worked and they only levine from new york universities heimans center on philantech tony tweets to he finds the best content from the most knowledgeable, interesting people in and around non-profits to share on his stream. If you have valuable info, he wants to re tweet you during the show. You can join the conversation on twitter using hashtag non-profit radio twitter is an easy way to reach tony he’s at tony martignetti narasimhan t i g e n e t t i remember there’s a g before the end he hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a short monthly show devoted to getting over your fund-raising hartals just like non-profit radio, toni talks to leading thinkers, experts and cool people with great ideas. As one fan said, tony picks their brains and i don’t have to leave my office fund-raising fundamentals was recently dubbed the most helpful non-profit podcast you have ever heard, you can also join the conversation on facebook, where you can ask questions before or after the show. The guests were there, too. Get insider show alerts by email, tony tells you who’s on each week and always includes link so that you can contact guess directly. To sign up, visit the facebook page for tony martignetti dot com. Hi, this is claire meyerhoff from the plan giving agency. If you have big dreams but a small budget, you have a home at tony martignetti non-profit radio. Xero stoploss live, listener love and shout outs are going to tampa, florida. Woodbridge, new jersey, anaheim, california. Garwood, new jersey i don’t know i was from garfield, but no, this is guard would not to slight not to slight you. Garwood lifeless naralo love love to the live listeners germany. We’ve got a couple in germany, guten tag and also sao paulo, brazil i hate when americans call it san paolo don’t do that! It’s, sao, sao paulo, brazil, obrigado and let’s do a little facebook live love tio packed jackie, who i know is jacked up every sea. Mike zeller, george harris, rusty kansteiner, rusty hello, been a long time. Hello, jack piela zoho been a long time. Good to see you and trudy getting steam. Hello, facebook, live! You could join us, facebook live at twenty martignetti non-profit radio page and, of course, on the heels of all that has to come. The podcast pleasantries toe are over twelve thousand podcast listeners thank you whenever you’re listening, vinge listening, maybe four episodes in a row. Thank you so much, so glad you’re with us. So glad you get value from the podcast and our affiliate affections to the many listeners at our am and fm stations throughout the country i’m grateful to you for tuning in on the on your analog device. Of course, maybe you’re streaming your nephew stream your your radio station. So not necessarily. However you’re listening to your station so glad you’re with us and i thank your station for carrying non-profit radio, expanding the network, expanding the family it’s a family, not a network network. Sounds like a health care organization. It’s a family um andrew who’s, that who’s that sick rings that you andrew genes genes used during this so it’s probably it’s probably andrew’s genes used to hearing all this. I was ranting, you see, listen, specially love jean um okay, let’s, talk a little about some due diligence. Jean i gave you a shot earlier. Let’s andrew let’s, talk to you now about let’s. Hear from you sorry up my voice just cracked like i’m a fourteen year old on some or the due diligence that is sponsoring organization needs to do, you know, detail. We like actionable details for our listeners lorts sure, well, i think. You know, especially if you’re either either model, either either model, right, looking, too, to take on a sponsored project. You know it. This is a relationship. This is a marriage, essentially, that you’re getting into. So if you start with that apprentice, you think about, you know, in a business sense, all of the things that you want to make sure you know about the folks that you’re, you know, metaphorically getting into bed with. So you obviously want to know about their experience. You want to know about their support networks, whether two people raise money or, you know, bring on more people to help their project evolved. You want to know, you know, if they’ve had any, obviously, any criminal activity or anything like that, for sure, it also you want to find out about their plan. So, do they have a business plan or aa program plan? Do they have a fund-raising fran? Do they? You know, is there any money committed at this point already, like you guys mentioned before, that’s sort of ready to go if they’re able to get this that status, you know, those are the kinds of things that you really wantto dig into and understand, and that, you know a good official sponsor will have a pretty well defined application process that, you know, may have multiple rounds of interviews with the, you know, the staff of the mon for the board of the sponsor. In some cases, you know, like inside you, you do want ideally the board to make this decision or help you make this decision to take on these projects or even to start a sponsorship program because they are the end of the day, the one who’s, you know, they’re on the line at the end of the day, their fiduciary responsible for for the whole thing. So, you know, it should be you should at least have some input into that. Where do you see the responsibility for this do dilgence residing? Who does it? Treyz who i think who on the organization is doing it. So go ahead, and because usually the staff, you know, whoever it will be involved in working with the project from the path of the sponsor, would take the lead, maybe with some help from from some key boardmember okay, jean, did you have something more about through? Dilgence yeah, i just wanted wanted to add that it really is critical that the physical sponsor understand, particularly in the model see situation that there there one’s fund-raising forth the project, even though the project is housed in a different legal entity and that they’re going to make grants to they’re responsible for all the monies and all the responsibilities associated with the donors or the foundations, including e-giving a grant reports back to the foundations, and if it’s government funded the audit requirements that go along with that and that’s where you get the hefty, like the fifteen percent physical sponsorship administrative fees that andrew was talking about, government audits are incredibly difficult to do and expensive but fickle sponsor has got to be prepared to do all of that. They’ve got to make sure they’ve got adequate strapping to be ableto handle all of these and treat all of these is restricted funds and have all of the infrastructure, all the right policies over the right agreements, all of the right qualifications to do business if they’re in different states and registrations, you know, tony, you’ve got to be prepared to do all of that, and that made depend upon each project that they get, they may be incurring additional responsibilities that they’re going to think about on dh what if they what if they don’t do it right? Jean? What? What are what are some of the potential penalties were the worst thing that that happens is of course, the project gets into huge trouble, and they, you know, they engage in some sort of political activities and all of us and you jeopardize your own five twenty three status or a child has been hurt because of the negligence that they’ve got that have exhibited, and you don’t have enough adequate separation in the model c or it’s, a model a and its internal project of your physical sponsors. So you’re completely responsible for the liability, and you may find that you don’t have enough insurance because he went, anticipating those things and the bad if you weren’t really prepared for it. So those air the two worst case scenario. Ah, andrew. It sounds like you really should have some outside help and expertise. If you’re if you’re going to take this on. Well, i would i would recommend it. I mean, i think you especially if you’re doing it for the first time. So are a lot of people come to me or i’m sure jean when they’ve already got a couple of projects underneath, um, i say a lot of people get into this accidentally or at least unintentionally and, you know, like we said, they’re six weeks to do it right there’s a lot of ways to do it wrong on in the operation side of things and you know it, khun khun very quickly go from a really good thing, tio not so good thing in your whole team is now focusing all their attention on these projects and it sort of eating up all of their bandwidth on dso, you know, having some of those processes procedures in place on getting all those things set up is really important again, going back to the due diligence, the written contracts, i guess both of you have seen cases where it’s just been a handshake mary-jo absolutely, yeah, happened a lot. And then when when there’s a termination that happens, there’s a conflict about what? What should be done into who’s, you know, the funds belong to a lot of complexities when they don’t do it right at the start. Dahna andrew was something wanted ad about the downside of a handshake agreement. It’s well, i would i would just say that whether or not there’s a handshake or even a contract, you know, we’ve talked a lot about model a model see, and they are very specifically laid out, but what do you see out in the wild if there’s really a spectrum of how they operate? And some of them i’m not always done to the letter of the law and monsters don’t realize it, and, you know, some of the very long to get by obviously would recommend doing that if you don’t know what you’re doing, but it was really, you know, there’s a lot of variability out there, so if you are thinking of becoming a sponsor or you are a sponsor and you’re not sure you definitely want to talk to somebody who knows what they’re doing, gene, there is no legal definition to these right? That there’s no one legal, definitely fiscal sponsorship isn’t defined in any code or regulations, so cynical sponsorship. Is just referring to these relationship that are ultimately defined by the contract and that’s why you needed a written contract, because we need to know what relationship you actually have and the biggest, biggest thing, and where everything often goes wrong is misunderstanding that an outside legal entity other than the physical concert could not fund-raising for the project, even those of the individuals associated with it are fund-raising for the project, they are on ly doing so as agents of the physical sponsor. So the physical sponsor ultimately has control over all of the funds it is raising. And if it’s going to re grantham out, it’s going to re grantham out under its own legal discretion and subject to what they call all variant of powers in accounting language, basically saying that ultimately, the physical sponsors board has full control over them of those assets, subject to the purpose restrictions or timing restrictions that might be involved with the donations of the craft. Okay, we’re gonna leave it there because i think it’s ah, i think it’s appropriate to leave it on. Ah, sort of a note of caution. This certainly can do wonders for your charitable. Mission and your work, but i feel like what i’m sensing from from the two of you is you know, you got to do this right? So i’m going to sort of leave it on that cautious still a little bit of a finger wag that admonition tone that you probably need some expertise and you’ve got to make sure you do this correctly. Is that okay, gentlemen, anybody disagree with that? How can you? Okay, not at all. Okay, so i want to thank you very much. Andrew shulman. You’ll find him at shulman consulting dot com and at a m shulman and jean takagi editing the very popular non-profit law block dot com and he’s at g tak gt. Okay, gentlemen, thank you very, very much. Thanks, tony. Thanks, anders. Thank you so much. Have a good one. Pleasure. Thank you. Again. Next week, video storytelling and maria semple returns with deep pockets. If you missed any part of today’s show, i beseech you, find it. I’m tony martignetti dot com. I love our sponsors pursuant online tools for small and midsize non-profits data driven and technology enabled pursuant dot com regular cpas guiding you beyond the numbers. Weinger cps dot com kaplow’s accounting software designed for non-profits non-profit wizard dot com and we be spelling supercool spelling bee fundraisers. We b e spelling dot com creative producer is claire meyerhoff. Sam liebowitz is the line producer, shows social media is by susan chavez, and this very cool music is by scott stein. You’re with me next week for non-profit radio. Big non-profit ideas for the other ninety five percent. Go out and be great. Yeah. What’s not to love about non-profit radio tony gets the best guests check this out from seth godin this’s the first revolution since tv nineteen fifty and henry ford nineteen twenty it’s the revolution of our lifetime here’s a smart, simple idea from craigslist founder craig newmark insights orn presentation or anything? People don’t really need the fancy stuff they need something which is simple and fast. When’s the best time to post on facebook facebook’s andrew noise nose at traffic is at an all time hyre on nine am or eight pm so that’s when you should be posting your most meaningful post here’s aria finger ceo of do something dot or ge young people are not going to be involved in social change if it’s boring and they don’t see the impact of what they’re doing so you gotta make it fun and applicable to these young people look so otherwise a fifteen and sixteen year old they have better things to dio they have xbox, they have tv, they have their cell phones me dar is the founder of idealised took two or three years for foundation staff to sort of dane toe, add an email address. Card. It was like it was phone. This email thing is right and that’s, why should i give it away? Charles best founded donors choose dot or ge. Somehow they’ve gotten in touch kind of off line as it were on dh and no two exchanges of brownies and visits and physical gift. Mark echo is the founder and ceo of eco enterprises. You may be wearing his hoodies and shirts. Tony, talk to him. Yeah, you know, i just i i’m a big believer that’s not what you make in life. It sze, you know, tell you make people feel this is public radio host majora carter. Innovation is in the power of understanding that you don’t just put money on a situation expected to hell. You put money in a situation and invested and expect it to grow and savvy advice for success from eric sabiston. What separates those who achieve from those who do not is in direct proportion to one’s ability to ask others for help. The smartest experts and leading thinkers air on tony martignetti non-profit radio big non-profit ideas for the other ninety five percent.

Nonprofit Radio for July 28, 2017: 350th Nonprofit Radio

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Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. I’m your aptly named host it’s our three hundred fifty and show you heard that live music scott stein is with us and lots of other people. Thank you, scotty, you’re welcome. We’ve got two listeners of the week first. Dan kimble he’s, a product specialist at apple, owes software he’s always tweeting and retweeting aboutthe show very grateful. This week, he posted congrats to tony martignetti and his upcoming anniversary show, grateful for you’re and mr show, grateful for your promotion of non-profit work. Dan, i’m grateful to you for your support of non-profit radio. Thank you so much. Congratulations on being a listener the week on show number three hundred fifty also fund-raising fox they’re on the road right now between buffalo grove, illinois and downtown chicago. They tweeted that this will be great road trip listening to which i retorted, this is like an hour trip from buffalo grove to chicago that’s like that’s a commute? Not a not a, not a that’s, not a road trip, but okay, if you insist, maybe in chicago that’s a road trip congratulations. Fund-raising fox drive carefully even though you’re only going across the street, thanks for being with us on three fifty oh, i’m glad you’re with me. I’d be stricken with copper. Oh, poor foreign yuria! If you wet me down with the idea that you missed today’s show, it is the three hundred fifty of show seventh anniversary of non-profit radio coast clear meyerhoff is with us with me live in the studio. We’ve got that live music and more to come give aways from pursuing and cure a coffee all our contributors jane takagi, maria semple and amy sample ward, our sponsor ceos are going to be with us. I’ve got new am and fm affiliate stations to introduce we got non-profit medio math quiz and i’m already exhausted. We’re on facebook live! Check us out right now from the tony martignetti non-profit radio page facebook live! We’re also live tweeting, join us! Use the hashtag non-profit radio on tony’s take two thank you. We’re sponsored by pursuant full service fund-raising data driven and technology enabled, you’ll raise more money pursuant dot com and by we be spelling supercool spelling bee fundraisers we b e spelling dot com tomorrow half welcome back to the studio, tony. Thanks for having me. Thank you. Wonderful to be here for the three hundred and fiftieth show. Thank you. Yes, i love it. You’re the creative producer of the show. Of course. Thank you. I helped you start the show from one back when it was the tony martignetti show for two weeks back in the day two thousand ten also? Yes, of course. There’s a seventh anniversary seventeen minus ten seventh anniversary president of plant giving agency that’s me, you’ll find claire at pg agency, dot com and at claire says z what’s going on climber half what’s up in your what’s up in the pg agency. Well, we’re working on a lot of different projects. I’ve got a lot of wonderful clients and working with parkland hospital foundation in dallas. Cool, a couple of other clients in texas and a couple clients in florida and ah, united way and lots of different people. And i’m staying here in new york for a couple days of my friend bette’s house in westchester county, and i drove into the city this morning with the convertible top down and here i am, cool it’s a beautiful day for a top you drive to scott stein. Welcome back to studio. Thank you for having me. Great seeing my pleasure. Of course. Scott’s dying. The composer of our theme song. My voice is cracked theme song like i’m fourteen cheap red wine of course you’re gonna be playing cheap red wine on dh another wine related song as well you’ll find him at scott stein music dot com don’t go to scott’s stein dot com i did that that somebody it’s an australian motivations motivational speaker don’t go to stop sign dot com go to scott’s in-kind music dot com and he’s at scott’s time music also so glad you’re with us. Great beer. Cool. Cool. Uh, we got, uh we got track record on the phone. He is the ceo of pursuant to years, sponsor of non-profit radio. The renewing way with us to the end of the year. So grateful for that. So so grateful for pursuance, sponsorship and love of non-profit radio trade ryker, welcome to the show. Tony. How you doing today? It’s? Great it’s. A beautiful day for three. Fifty how are you doing in where you from? In texas. Where? You calling from? I’m in the dallas area. The big d. Okay, cool. I want to thank you. I want to thank you so much. Not only for being here today, but for pursuing sponsorship of non-profit radio. Well, tell me, first of all, congratulations. Three hundred fifty episodes. What a milestone. Unbelievable. We appreciate so much. See great work that you and the other sponsors provide the opportunity for you to do for the non-profit states your gift way. Love what you do, and they’re just proud to be a sponsor. Thanks, tony. Thank you so much, trent. Um, you you are so generous at pursuing there’s there’s. This constant resource is available. I mean, i’m talking about them every single week. It’s webinars info. Grams. Content papers? Uh, it’s it’s. Amazing how generous you are. What? What? Acquaintance with what’s coming up for pursuing the rest of this year. Well, a lot going on. Thank you for that. We really believe in giving back the non-profit states in any way. We can. We learn a lot by working with our clients were in partnership with them always. We’re always thirsty. Learn mohr and then share what we learn. Through a variety of webinars and white papers and other things that we do, no matter how large or how small you are, we’re hopeful ableto help some folks out, you know, for the second half of the year, we’ve been working hard on something that over the years we’ve learned things. One of the things that i think most important is that the smaller non-cash profits that don’t have the resources to hyre firms to help him out of that at a deep level, we’re trying to make some of those tools more accessible youand your listeners have known that we’ve been working on that for a while, wade got some exciting things on the horizon to make better sense of all that data out there that that folks have and be able to make that more actionable and getting better results without having that we’re not having to spend a lot of money, so we’re driven by by creating tools, you know, i think that that’s an opportunity out there right now, there’s more competition than ever out there for the same dollars and stay on top of mind for your constituents and being able to keep up. In that to a conversation is really important, and while there are a lot of great point tools out there would like to call them, and we encourage everybody to use things like that that are free or very inexpensive with non-profit states being able to pull that data together being ableto you have the appropriate relevant conversations to your here’s donors and your prospects and volunteers on your advocate, you are really important so that some of the stuff we’re working on cool and, you know, small and midsize non-profits that’s the audience, you know, where we’re big non-profit ideas for the other ninety five percent, and i’m always saying every week, actually, a couple times a week pursuant data driven technology enable ana, i know and that’s that’s a big no that is a challenge area for small and midsize shops. Yeah, not always accessible, i think you know the big non-profits have a lot more resources, and while we appreciate the opportunity to work with them and learn from them, i’m really driven for the drive system for the quote unquote little guy, the small, the medium sized non-profit that’s passionate about what they’re doing and that most of the time spent, you know, driving for the mission of the organization and fund-raising is an important aspect of that, but how do we make that more simple? How do we make it more accessible? How do we make it more affordable? And so i think that the market will be really excited about some of the stuff that we’ll be bringing out twenty eighteen by way of tools to apply all of that. We’re taking the concepts that you hear out there about business intelligence and artificial intelligence, predictive modeling, and we’re going to simplify that to make it as easy as the way you might use google maps and make it easy for the smaller, medium sized non-profit put it to use and to raise more money and more connected to their constituents. That’s what’s really important, excellent trench. Well, i look forward to sharing the word of all that stuff as it comes out with our with our audience with our over twelve thousand growing on die again. I know you’ve got to go and i thank you very much again for your support of non-profit radio. Thanks so much for being with us, trent. Congratulations, tony. And everybody out there keep supporting tony and the great work that he does. Keep up the good work for your non-profit have a great show, tony, and keep up. Keep it going. All right. Cool. Thank you very much, trent. So long. All right. We’re gonna go out for a first break. We got tons more coming up. Oh, my god. We’re just scratching the surface for god’s sake. Stay with us. You’re tuned to non-profit radio. Tony martignetti also hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a quick ten minute burst of fund-raising insights published once a month. Tony’s guests are expert in crowdfunding, mobile giving event fund-raising direct mail and donor cultivation really all the fund-raising issues that make you wonder am i doing this right? Is there a better way there is? Find the fund-raising fundamentals archive it. Tony martignetti dot com that’s marketmesuite n e t t i remember there’s a g before the end, thousands of listeners have subscribed on itunes. You can also learn maura the chronicle website philanthropy dot com fund-raising fundamentals the better way welcome back to big non-profit ideas for the other ninety five percent reminded we’re on facebook live got some folks with us shout out tio maria simple is there dave lynn, thank you so much. Uh, who else we got? Gary astro cool welcome shoutouts to facebook live! You can join us at the tony martignetti non-profit radio page were also live tweeting used the hashtag non-profit radio. Join the conversation on twitter um, we got a we got to give away let’s do a giveaway we’ve got got coffee gif ts from cura coffee and we’re giving our first pound of coffee too silver mark he’s at this is ah, his twitter idea at silver mark make-a-wish did three hundred fifty is awfully nifty returns of the day for those great things you say i mean, you know that’s, you got to give you got to give some kudos for creativity not great! Those are not great lyrics, but that’s just our okay cheats memorable! I think he may have used it may be recycled. He may have used that for another contest. I don’t know, but that silver mark, thank you so much you’re going to get a pound of coffee from cura coffee and claire, won’t you tell us about your coffee? Cure a coffee directly connects coffee lovers with farmers and families who harvest the finest organic coffee beans. With every cup of courage, you’re joined your effort to expand sustainable dental care to remote communities around the world. We are direct trade, a direct trade coffee company with direct impact brought directly to you, creating organic smiles beyond the cup. Cure coffee, dotcom. Thank you, claire. In that beautiful radio voice, she’s got that. She talked pretty talk pretty good. My abc radio cbs radio serious. You left off serial. I work too serious. Serious. Next time. Don’t be modest. I was then except when they launched on september twelfth, two thousand won cool. Oh, that xero auspicious. That you know that and i get it. You know, again shadow to cure a coffee. Coffee. The ceo is a dentist. He’s practicing dentist that’s. Why? When you get a pound of cure a coffee that’s, why they when you get a compound of your coffee, the gift goes, goes to silver. Mark will include a toothbrush and i think luke’s dental floss. But there’s aural. Care? Yes, because that’s. Why, he says. He says expanding sustainable dental care to remote communities they’re they’re giving back to the communities where the coffee beans are raised. Dental care, they’re giving money for dental care in those communities, communities and in central and south america. On he is a he’s a practicing dentist. He couldn’t be with us. I beg him to couldn’t make it he’s between patients, you know, he’s doing a root canals. You know, it’s got saliva around everything all right? Um, scotty, you cannot i want you to play first song for us. Sure. Um again, scott scott stein, now a pianist, songwriter, vocalist, composer, arranger tell us what you’re gonna play first. I’m gonna play a tune from the record that i just put out just a little bit ago the records called travelling companion and the song is called wine soaked tart we’re keeping ah, wine theme here we do. We got cheap red wine, wine soaked tart. People are going to get the wrong impression of me here, you know, but it’s ah it’s a little tune that way have this idea that as songwriters in his artist we have to be, you know, really down in the dumps to really, like, create great music, you know, you have to really be eo, suffer for your art and it’s not true. It helps it’s, not total teacher. But this is something that is not what kind of zooming out and kind of, you know, being grateful for for what you have i was i was on honeymoon with my wife when i woke up in the middle of the night with the idea for the song, okay? And scott stein, wine soaked heart off his newest album, traveling companion. Dahna i love what you give me. You lying so tired, let me ramble through the square like this september breeze is used to know, nor would you give me your line so tar, let me pull it all together. Then they pull my fuse, paul. Sametz it’s six in the morning and i can’t sleep. It was lying about a strange hotel bed. Buy-in sounds of my lover. Do not keep me waiting. Just the ryland to the rumblings bouncing around inside my head. I what would you give me your wine? So tar, let me revel, sing in the shadow of the spanish hill. You know what, give you wine so let me pull it all together. Limit my fuse part. It’s been a long time coming, but we made it here going to step out on the block, and the noise is going to get off the grid. Tune out everybody but the one i love. Let the world revolve around us like a couple of barefoot kid. Oh, yeah. Love to give me a wine. So tar buy-in let me ram on the land of the authors in the poet it’s on the scene. Lorts give you wine. So tar. Let me pull it all together to limit my bar for my future. Call it predictable. I don’t care. U b roll footage. Cue the montage here. The movie strings. You only get so many years. Be so self aware before the exterior starts to fade in. On this left are the important thing. Duitz because you want forever with a wild, wild heart. What would you give me your line? So tar? So down, breathing him. Don’t try to think so much law to give me a line. So tar, let me pull it all together. My fuse, par. Put my fears apart. Buy-in got stein one so tart thie album is traveling companion. Get the album at scott stein music dot com scottie, thank you so much. Thank you, absolutely love it, love it and there’s more to come. We got we got course, cheap red wine coming up, indulge me while i announce a couple of new affiliate stations. Would you please? All right. W p h w in harpswell, maine live listener love to you. Ah, philly. In effect, i should say affiliate affections to w p h w so glad you’re with us. They’re in the freeport brunswick area of maine, just northeast of portland. Welcome. Welcome to the affiliate community. W p h w also cabe og ki bong ninety seven point nine fm in bandon, oregon. And that is oregon, not oregon. There’s no. E at the end of oregon, oregon offgrid admonished it’s, oregon. Brandon, oregon. There are pacifica station that’s. Very cool on. They happen to be all along the pacific coast in county, oregon. Now, why’re they k bog. I found out k bog glamarys come off cranberries. Very organ is a very big cranberry producing state. Really? And this region of of oregon is bandon is the cranberry capital of oregon. Really cool. Have you been to argue? Okay, bob, i’ve been to oregon. I’ve been to portland. I’m joined a portland for the organ for the first time this october. And then i will only have two states in the us. I have not visited well, that’s very and north when you’re so young through so i need to oh, thank you. I need to get a speaking engagement in alaska and in alaska, north dakota. Okay, that should be well. North dakota is easy, one for you. North dakota sametz least visited st in united states. Listen, alaska people threat well, the glaciers that while there, while we have them, okay, that that’s very cool, you’re going tohave portland. You’re really a great food scene. Great fruiting, love, ah, really quirky place. So our new affiliate stations w p h w and k b o g. Welcome to the affiliate community affiliate affections to those listeners. I’ve got more stations coming up. We got jean takagi on the line. I know we do. Jean takagi is the principle of neo, the non-profit exempt organizations. More group he’s at g tak e ta ke yet it’s. The wildly popular non-profit lob log dot com. Hello, jean takagi. Happy anniversary, tony. Congratulations on three. Fifty. Thank you, man. That’s so cool. Thank you very much. I’m so glad you’ve been with us so so many years from the very early days you were you were one of the very first shows, like you were in, like the first, fourth or fifth show or so and, uh, contributor sense. Really geever it’s been awesome, but you have to come back and visit me here in san francisco. I know. Well, you should come. You know, you could come to new york. I did visit you once in san francisco years ago. But you could come to new york, too. That invitation is open. You could come to the beach in north carolina if you like peaches. That’s tony’s having a big, fat oregon. Maybe we can all meet there in oregon. That’s. Not too far. Yeah, but i’m thinking about a fall trip, actually out west. So i will. I will let you know. Just you know, jeanne, i i emailed this to you a lot, but i want to say it to you. You know, i’m so grateful for the time that you put in for the listeners. Of small from small and non-profit med small and midsize shops it’s a non-profit radio so grateful for the time contribution you make, you know, month after month, you red block posts about the show. When you’re gonna be on, you’re a terrific i just i’m so grateful to have you as our legal contributor. Thank you so much, james. Thank you, tony. Thank you for making all of this information from all of your great contributors available. Teo non-profit sector it’s it’s. Invaluable. Thank you. Uh, what do you got going on, gene? But you got a little little takeaway. Will tip you wanna leave? Leave us with? Sure. You know, i thought i’d talk really briefly about having a politician appear in your charity event. We recently had way did have someone forced chamber. Yeah, it got a lot of attention, so i didn’t talk about that specifically wanted to make sure everybody knew that political leaders can be invited to speak on issues of public policy and issues of importance that charity events. But you’ve got to be careful about it, so make sure you know five oh one see threes aren’t allowed to engage in election. Nearing, so provide instructions to the politicians or their staff, people about not campaign campaigning or speaking on political campaign issues. Uh, you know, at the charity event, and if they start campaigning, you might choose to interrupt politely and strategically, if possible. You know, sometimes that may not be possible if it’s the president of the united states, that might be very, very politically challenging to do that. But afterwards, don’t wait long at the end of the speech of possible make a statement about the charity being a partisans uh, organization don’t wait several days and have the statement come from the top of your leadership. So jean, what is the worst case scenario that could happen to a five a one? C three non-profit if, for instance, a candidate came and super campaigned and broke all those rules and you didn’t do anything about it, what’s what could happen? What’s the outcome right now, the rules say the remedy is taking away its five a onesie three tax exempt status so that’s the rule you know, right now in the political climate, president trump and the republican party platform say that they want to get rid of that rule, but they haven’t gotten rid of that ruled yet, so they would actually like to open up election hearing toe all five, twenty three public charities. But that hasn’t happened yet, and it may never happen. We hope that it doesn’t happen, but the rule right now don’t let it happen because you could lose your tax. Exempt that claire’s got another question for another question. Have you heard about a cherry that has lost its tax exempt status? Because of that? Yeah, it happens pretty rarely and particularly much more rarely. I haven’t heard of any since the new administration. But you would see a handful every year lose their tax exempt status for just that reason. Okay. Interesting. Cool. Very timely topic as always. Jean jean takagi, always on top of things s oh, so grateful, gene. Thank you so much. Thanks. What a pleasure. Thanks, tony. Thanks, clarence. Got have a great thank you. Thanks for your good wishes. So long, gene. We got we got alex career alt-right not not yet. Okay, we’ll get to him. Um, let’s. Um, let’s. Take our little break. Then we got we got we got a little business. Actually, but we have tons of stuff coming up. You still got the math quiz? We got more giveaways. I got morning am and fm stations. We got live listener love coming up. I gotta do the live listening. But look at this for those of us, those on facebook like this list of live listeners amazing it’s a scrolling off the printer, the live listeners we’ve got. And, of course, on the heels of that comes the affiliate affections on the podcast pleasantries, cheap red wine coming up all that first you got to give a shout to pursuant we know them. We just met the ceo but i got eggs. I got to do my promotional thing because i do want you to check them out for the free resource. Is that that trade? And i were talking about infographics, content, papers, webinars. And even even if it’s paid trainings and we have a great prize coming up great grand prize that’s all i am permitted to say at this moment about the grand prize but it’s related to this? Just check them out for resource is tons of stuff for free. They are data driven. It’s it’s. Not just a tagline for them. They help you work with data sorted out, figured out, use it, so you’re not overwhelmed. Check him out. Pursuing dot com quick resource is all the stuff is right there, and we’ll be spelling super cool spelling bee fundraisers. They make millennial money, these air, these air really cool. Claire, they it’s a night for your charity, it’s, live music, dancing, stand up comedy, and they work in fund-raising through spelling bee that’s fun, because millennials are really spelling peer-to-peer. The resident millennial. I feel like i have to confirm this, okay, when you write your lyrics, they’re spelled correctly, yes, what, nobody sigh, and nobody sees them, right. Okay, check out they have a video, they’re really cool. Video show you what a night is like for your charity, it’s, that we b e spelling dot com and then just talked to alexx career, and hopefully we’re gonna be talking to him shortly. And i gotta do tony steak to now, which is my thank you too the way it goes from the people who are just with us today live on facebook hello, thank you for that. But the listeners the over twelve thousand listeners i’m just so grateful that the audience has grown so much in seven years. Thank you, thank you for being part of non-profit radio the trend is always upwards. I’m grateful for that if you let me in your inbox every thursday through the insider alerts, which if you’re not getting them, you can get them at tony martignetti dot com. Thank you for letting me in your inbox every single week. If it’s youtube our fans, their subscribers, they’re on youtube there’s a new video every week twitter, thanks so much for following me reach meeting this show tweeting about the show just enormous, enormously grateful i just got us you know this is an anniversary time to time to say thank you, thanks so much. And speaking of the latest video aside from the three fiftieth which you don’t need now because you got to show you don’t need the previous video, you might check. Out the one that i did most recently before that it was feels good in sixty nine and that’s all i can say about that video, you just have to watch to see what the sixty nine is all about. And, of course, that’s at tony martignetti dot com feels good in sixty nine, and that is tony stick to we got maria simple online. I’ll bet we don’t have a reassembly yet. Wow. Okay, i’ll tell you what, let’s do a little math quiz clay morrow, because i’m really good at math. So exactly, um, and i’m a lawyer. So we picked a non-profit radio math quiz. So you know, we’re gonna sing a song writer writer on dh lawyer, former engineering student i story story for you to bring your slide rule uh, i can not write. Or your engineer, you may need your engineering calculator for those. Ok. Ok. So here’s here’s the math quiz? Because tony’s been doing this show for a long time now, since since twenty ten, it’s a lot of shows that he’s very prolific. We have three hundred fifty shows, so i’d like to kind of figure out some things that some numbers that we’ve accomplished over the years. So would you say how many guests average per show phone and live in studio? Yeah. Live in studio and then plus you gotta bring in the conference guests. I mean, sometimes there’s like three and four panellists. I’d say average. Okay, average, uh, one point seven three let’s. Say two. Okay, let’s round it. So three hundred eighty shows. Two guest per show we have. Who gets it first? How many is that? I hope that i hope that some hope that seven hundred, seven hundred okay, so how many steps are there to climb up the stairs from seventy second west? Seventy second street to the studio here. Oh, you could take the staircase around here. I do it all the time. How many steps? Which is saying? Oh, sam, sam sametz again. Twenty. So twenty steps, times two hundred fifty shows is that’s. Got to be that’s. Gotta be the same. Seven thousand fifty seven thousand. Scott so you did bring a slide rule? I yes. Yes. It’s right in here. All right, all right, all right. So, tony and scott, how many times during each show would you say scott’s music is played during each show. Oh, that’s a cool oh, that’s like how many times is the number one appear on a dollar bill? One, two, three for i’d say it’s probably five. I’m thinking five so what’s time to a two hundred fifty. I don’t know the seven, seventeen, fourteen hundred plus three. Fifteen degree was kottler against that’s got with all right. All right, i swear i’m not i’m not just like peeking over the over the engineering because a ringer is i didn’t know that, it’s. All right? I don’t know. Who’s going to bring her. Okay. How many times have you taken the show on the road? Oh, my gosh! Conferences. Oh, that’s. Probably like, i’m afraid that’s an easy one. Well, ten. So let’s say eleven. So what percentage i can’t even do? The percentage of eleven of the three hundred fifty shows are were shows on the road but you cut me off the delays. I get more than one interview per unconference less now last non-profit technology cover. That was twenty, thirty two interviews in one conference. So there’s thirty two right there, right in three, two and half days. I got thirty two interviews, i’d say probably come away with twenty times eleven conferences. That will be two hundred twenty interviews out of no, that can’t be right. Two hundred twenty. That sounds too high. No that’s. Not right. What am i doing wrong? It’s probably not that high it’s probably it’s. Probably been like one hundred. Oh, those air segments that you’re messing me up. Segments two segments per show. So seven hundred segments. Two hundred let’s. Say, two hundred something two hundred twenty five of those maybe have been conferences or so two hundred out of seven hundred segments. Okay, so the last questions for may out of seven years of shows, i probably come and do it live. Maybe, like, three times a year. So i’ve been here maybe twenty one times. Uh, yeah. In the early days. Yeah. You’re blowing me off in the early days? No, i invited you all time. You never came up? No, i yeah, don’t twenty more. That sounds like a lot. And you know, the last time i was here in the studio, i left tony and i saw another man who works in broadcasting. I met someone. Really? Really. Cool. Right after i left tony show. Oh, you met lester. Lester holt? Yeah, i went down to nbc and lester home. You’ve treated me a picture. You facebook me a picture of you and lester. So today stepped down, you know, the talking alternative studios where we are live on nbc, and then i guess you could go down, continue going down on the show to last. So what are you doing in new york? I said i have clients here and stuff like this came from this non-profit radio show. Oh, and cause i realized later that lester worked in radio. So radio people like even if they end up working in tv or whatever, they still really love stick todo zoho he’s. His eyes lit up when i said, ready brady was cool. Absolutely, absolutely. All right. Thank you, everyone. Thank you for the non-profit. Your math quiz created, produced. This is what she’s, the creative producer. Well, what a surprise. No surprise. Came up with this last night. Like eleven. Thirty my maria semple, decide your simple cold. And i was actually calling on her a little early because she was not at fault when i said maria symbols online, but she is now anyway. Fremery a sample. Hello there, how are you our social media contributor? Immense. I’m sorry prospect restarts contributor. I’m doing great, our prospect research contributors. You’ll find her at the prospect finder dot com and she’s at maria semple on, and she has been a long standing oh gosh, but going back also many years hyre contributor to non-profit radio. Thank you, maria, thank you so much for the time you put in a month after month for our listeners. Thanks so much for my pleasure and congratulations on three hundred fifty and looking forward to three hundred fifty more. Oh oh, my god, they’ll be seven hundred. Okay, i don’t know what i’ll be another seventy years. Oh, my god will be forty. What is that? Twenty, twenty four? Um now cool. Where you now? Where you calling from? Maria semple? I am in new jersey. You’re home in jersey, okay, cool. Very simple loves the new song you facebook live. Do you love scott’s new song? Thank you. Yes, i did. I really liked it a lot. I’m gonna have to go see where i can find it. I think he said it was scott stein music dot com. So i jot that down that’s exactly right. And get the album. Traveling companion. Yeah, she lives out facebook live. All right. Um, summary of you. You got a little tidbit for us today in respect, research land. What do you see? It’s one on there? Yeah, well, you know, i thought it was just kind of focused on teamwork a little bit because, uh, sort of staying in the spirit of, you know, your three hundred fifty shows wouldn’t have happened with without a lot of teamwork there in the studio and from your regular contributors and so forth and all the conferences you’ve attended and really focusing on how important prospect researches to the development process. But that really it’s only one component of the development process on and really try to encourage folks if if you’re wearing that, that prospect research had either as a your sole function within the organization, or maybe one of the functions that you do and your everyday job to try not to work in a vacuum and to try and get a seat at the table. If you can try and see if you will be allowed to attend those development committee meetings and so forth to really play a role in the overall development cycle so that information that you’re able to glean from important conversations can be incorporated into the work that you d’oh alright, it takes a village. It takes a village, is what you’re saying. I think it takes a community text community to raise money and number, and, well, of course, non-profit radio is a part of that, but so is prospect research. All right, the team approach i love thank you for shouting out the team. We do have a great team. We do have an excellent, cool team. I shot them out of the end of every show. Claire scott, sam. Oh, our social media, social media, of course. Social media, susan chavez, all part of the team. Yes, thank you for that. Thank you so much. Cool. Maria, i want to thank you so much again for being part of the show. Thank you very much. And again, wishing you many, many more. Thank you, maria. I gotta give shut out to people who are with us on facebook live. We got we got tons more still. Aunt mary. I know her on david insta with us. Gary astro jimbo xero welcome, jim dahna gillespie rivera ray meyer mary-jo chamberlain michelle libonati oh, my god. Old good friends. Thank you. Thanks for being with us. You could join us on facebook live at tony martignetti non-profit radio page and we’re also live tweeting and use the hashtag non-profit radio. Is that true? That’s true, isn’t it? Um, let’s. See, we got a make on line. Scott. Sam. Any buy-in the line? Okay, then, uh, let’s. Go to i got some new ah, so new affiliate stations and i’d like to welcome. We’ll continue bilich community absolutely am fm stations throughout the country. We got a new one. Que tiene que eighty eight point one fm carbondale, colorado and w c s q one o five point nine fm radio coble skill in upstate new york. I know. That you know, couples skill. Well, i went to plattsburgh state, so i know you would know. Yeah, i know. Yes. Did you know is it’s uh, you know, that’s coble skill, not kabul skill. It’s it was called didn’t know. I didn’t know that i do now, but it’s spelled like kabul, but it’s coble told only one day only one b all right, thank you very much. Like right would be no e at the end of oregon. Okay, you’re right. Couple would be all right. My gobble kabul it’s coble it’s called bilich latto global scale koegler and i’m so glad they’re with us that’s w c s q one o five point nine fm andi i know couple skills. I got a ticket there once. Yeah, it doesn’t. Eighty eight, i think route eighty eight. I don’t know. Interesting fremery take out there, but i’ve got to take a lot of other places in upstate. You got you got a tear, right? Hearing even all the good places. Saratoga, you got a parking ticket right here on seventy second street after one show. That’s a parking ticket that was parking moving violations, or you’re in the big time. Yeah, i did get one. You’re you’re coping skill. I’m pretty sure it was on eighty eight. You gotta hire a lawyer when you get a speeding ticket. That’s the best thing to do. I had to do that once, actually in virginia? Yep. Virginia. You know what? Because anything over eighty, of course, that was not me. I saw it on a sign. But if you happen to be one who was pulled over for dui strike more than eighty is reckless driving. I’ve been there. You get you get a misdemeanor. You know, mr metoo convey. Imagine if you sign the back of that ticket. Mr metoo conviction in virginia for doing over more than twenty miles per hour over the speed limit or over eighty miles per hour. But you could. So i’ve heard you can hire an attorney. You know, they send you letters and for a very reasonable about they’ll take care of it. And the lawyer that took care of mine, i chose his letter out of about twenty letters because his name was will robinson. Oh, cool. Thank will robinson. I didn’t get that was virginia. That was virginia. Virginia. I didn’t get here because i would have picked him through. Thank you. Will robinson? Yes. Be careful in virginia on ninety five. I’ve heard it could be bad. So, yes, eso brand new stations now in main oregon, colorado in new york. So lots of new affiliate affections going out when? When we get to that. So so many affiliates do we have a terrestrial radio? Couple dozen. I really don’t know the exact number. Look where they ended up partying more than twenty. Woman. Twenty. So a score score was more than a score. We gotta score. Plus more than stone. Just don’t get that matthew’s teo what’s that teo give our leaders. Tio penn was that old word for a for a ten cent piece. Whatever a dime in the tie. I can’t remember to bits. We got to bet your two bits worth of that isn’t isn’t cubine oh, is it that those dying what’s two bits i don’t want it was a dime. Now two bits a quarter. We’re almost a two bit we could were around to putting wimpy say, it’s worth burglar hamburger um okay, let’s. See, uh, i want to i want to. Do some more music. Yeah, i’m ready for more music. Scotty stein. Oh, it’s, time for the time, for the theme of non-profit latto now, this is this is legit. I never stole this music from scott start. We have, we have no way of really license, license and he’s been with the show ever since. It’s a couple of years now, you know, i didn’t go back and look at when the licensing agreement started, but if you have been a few years, yeah, cheap red wine, this is scott’s dying cheaper what what’s the album, the cheaper ones snusz from a two thousand nine record, i did called jukebox and get their jukebox. I’ve seen him live ilsen him in and bars clubs. I’ve seen him do cheap red wine a few times. Scott stein, the theme song for non-profit radio, cheap red wine, all right. To be, they just keep on talking sooner. Later, i figure around just so what you mean. You see, in romantic advice from a village, i’m looking for answers upon a tv screen. Buy-in wait can agree on nothing. We can’t tell our ups from our downs. We’re disappointed in each other. Nothing baby. And i love that we have found. You know, you used to find me charming, but i can’t figure out how. And you said you thought it was handsome. But doesn’t matter now. So keep falling. Five foot sounds as long as your time. Well, because i haven’t got any promises about a cheap one and down. You know, some girls live in diamonds. And they won’t talk to the cut of clothing that i wear. Well, i’m reporting for the good stuff, and you’re too easily distracted to care, relying got too many options, and so i’m gonna do the best that i can, but you have some competition one day when i’m a wealthy man said, you know, you used to find a job, but i can’t figure out how you see your toes, and it doesn’t matter now. So came falling from my post as loans. Your time will allow, because i’ve got a runny promises by achi, brenna wine and wait let’s, raise the glasses. You drink the better days. The other people’s kids are. They don’t like the things we say, and i’m thinking, because of everything that i want flash nothing. Three signs his work permit for each other, as long as with you, nobody else in my nobody’s way. What? You know, you used to find the jumping, but i can’t figure out how and you see, your father was handsome. Never mind it. Don’t matter now, so get for from a punch on monday, tom. Allow about her any promises, a cheaper one. Teo. Yeah, man, that song is under my skin. I can’t help it. I just love i just love cheap red wine from the first moment i heard i knew it had to be the thing that theme song thank you so much. Thank you for your, you know, for communion to have me on and getting congratulations every fifty and, uh, you know, supporting local independent music. Absolutely. Absolutely love it. Thank you. I’m glad you’re part of the show chanpreet out every time. Every time we got we got alex career alex were called and he’s the ceo of we’d be spelling you hear me? Talk about it every single every single week. Super cool spelling bee fundraisers we be spelling dot com. Hey, alex. Career. Hey, what’s up. Tony, how you doing? I’m doing great. How are you? I’m doing fantastic. Thanks so much for having me on for the three hundred and fifty of the exciting stuff. Absolutely. I just wanted to hear you tell people. You know, in your own words what we be spelling is all about, and i’m grateful that you’re part of the show week after week after week. So, you know, give us give us the short version. What? What? What tell me about we’d be spelling absolutely. So we’d be selling the lifetime of game show. We have a live band with comedian judges. What we do is we take this wacky event repair with non-profit and we use it a za fundraiser. So we start peer-to-peer campaigns with all of the spellers. They raised a bunch of money like marathon runners in the lead up to the event. And we come together. We have ah, party of an event that it’s spelling bee only in name, but feels a lot more like comedy. Game show. Yes, cool! I love that it’s all it’s, all entertainment i’m you know i’m always saying, is that it’s not your seventh grade fundez not your seventh grade spelling bee, not you. It is not your grandmother’s, not your grandmother spelling that. What do you got coming up? Anything exciting? Going share? Yeah, so we’ve been really busy this year. We’ve been doing about two to three events a month from the top of the year axel next big event is august twenty third in brooklyn were going to be part of the brooklyn comedy. Festival so that’s a really fun event we’re partnering with. They tell you to raise the money at a big event with a whole bunch of comedians participating in fellers that august twenty third at union pool in williamsburg, brooklyn. Excellent. Excellent. Yes, and it’s a night for your charity, it’s ah, it’s fund-raising for your charity individually. S o you know, check out the video. We be e spelling dot com and then just talked to alexx. I mean, you could see what a what a what a cool guy is, right? I mean, it’s, no trouble. No trouble. All right. Appreciate it, alex. My pleasure. Thank you for calling in. Thanks so much for being part of the show. For your sponsorship. Of course. In two to three hundred fifty and three hundred fifty more shows. Thanks so much. Thanks so much. Let’s. Go teeny sample war. Who? Thank you. Thank you. Alex let’s, go to any sample ward. I know she’s on. Hello, amy. Sample ward. How are you? Hello. I’m doing well. Congrats on three. Fifty. Thank you. Aimee semple ward, our social media contributor. Ceo of intend the non-profit technology network. She’s at amy rs. Ward the ours for rene. Um and thank you so much. Thank you. Thank you. Yeah, i can’t believe that. I mean, i remember five years ago getting to be on the show. Can you believe that it’s been five years? I know you were on your guest on the one hundredth. You’re a guest on the one hundred, and then i just fell in love with the whole idea of prospect of sorry mixing him up social media and being on the show every single month. And, uh, yeah, two hundred fifty shows ago. It’s. Amazing. I know. Five years. Absolutely. So. So, you know, there are there were tools that didn’t exist five years ago that now we get to talk about on the show. Indeed, there were indeed there were so glad so. And let me say to you, i am grateful for the time that you put in every month to educate non-profit radio listeners in small and midsize non-profits thank you so much. Amy really means a lot to me. Thank oh, my god. It’s. My pleasure to get to share. Cool. Thanks. You give us. We just got a minute or so. Give us something you’d like to share. Well, one thing that i was thinking about that i will not put any any political commentary around, but i was reflecting earlier this morning about being on the show, talking about social media five years ago. And would we have ever thought five years ago that we would have politicians using the same tools that organizations are using right, like, five years ago, it was such a difference reality when it came to that, and now it’s normal, that articles would be quoting a tweet or a facebook post or facebook live stream, you know, from from d c i think it’s really interesting what that will mean going forward? Yeah, i think five years ago, politicians were just kind of figuring out whether twitter is something they should put their name on, is it? Is it safe for me to be associated with this platform now? It’s zits fundamental and you’re way behind if you’re not, you know? Yeah, i mean, we have, you know, elected officials using facebook live stream when there, you know, doing presentations on the floor, how does that change their relationship to their constituents? I think i think it would mean a lot. Get shifted pretty quickly. Okay, cool. Wait, what did you have something you want to know? We got it. Okay, we gotta let me go and we’re happy. Three. Thank you, thank you so much. Thanks for being part of the show. Amy. Of course. Thanks, amy, and we got to go to a break. When we come back, we’ve got got more giveaways. We got live. Listen, love podcast, pleasant she’s, an affiliate, affections. You gotta hang around, stay with us. Like what you’re hearing a non-profit radio tony’s got more on youtube, you’ll find clips from stand up comedy tv spots and exclusive interviews catch guests like seth gordon. Craig newmark, the founder of craigslist marquis of eco enterprises, charles best from donors choose dot org’s aria finger do something that worked neo-sage levine from new york universities heimans center on philanthropy tony tweets to he finds the best content from the most knowledgeable, interesting people in and around non-profits to share on his stream. If you have valuable info, he wants to re tweet you during the show. You can join the conversation on twitter using hashtag non-profit radio twitter is an easy way to reach tony he’s at tony martignetti narasimhan t i g e n e t t i remember there’s a g before the end he hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a short monthly show devoted to getting over your fund-raising hartals just like non-profit radio, toni talks to leading thinkers, experts and cool people with great ideas. As one fan said, tony picks their brains and i don’t have to leave my office fund-raising fundamentals was recently dubbed the most helpful non-profit podcast you have ever heard. You can also join the conversation on facebook, where you can ask questions before or after the show. The guests were there, too. Get insider show alerts by email, tony tells you who’s on each week and always includes link so that you can contact guests directly. To sign up, visit the facebook page for tony martignetti dot com. Lively conversation. Top trans sounded life that’s, tony martignetti non-profit radio. And i am his niece, carmela. And i am his nephew, gino. Ah! My niece’s name is carmela. Come on, that was carmela and gino metal, niece and nephew there. Now they’re not yet there. Now thirteen and eleven, they’re italian. Let’s, give something right there. A little talent, let’s. Give something away. I got some more cure a coffee. Um and this time it’s going to seth perlman. Ah he’s at s j perlman p r l m a n and he tweeted better, brighter, bolder broadcasts for those who give back yeah, you know that’s an attorney that’s, that’s that’s about what you’re gonna get. You know, i know it’s great just writing for a living. No such problem not very good and i’m grateful for him tweeting out and using the hashtag non-profit radio three fifty for today’s show. So we’re sending him a pound of bolder kira coffee for seth perlman. Claire cura coffee directly connects coffee lovers with farmers and families who harvest the finest organic coffee dean’s. With every cup of cure, you join our effort to expand sustainable dental care to remote communities around the world. We are a direct trade coffee company with direct impact brought directly to you, creating organics miles beyond the cup. Cura coffee dot com your coffee dot com love them. Thank you so much, cura, for sponsoring those two giveaways and we got a grand prize to give. Away the grand prize is going to cheapen cole she’s at non-profit chapin and she tweeted for today’s show congrats to tony martignetti on celebrating non-profit radio three fifty seven years of enriching inspiring content on an amazing podcast exclamation mark thank you! Thank you so much. We got the grand prize for you and that is a seven part webinar training siri’s sponsored by pursuant are our sponsor. I hope they’re not at their sponsoring. Too many eyes not distribute the sponsorship dollars too broadly. I mean, don’t forget non-profit radio for god’s sake. Claire, what about that? What about that seven port? Serious? Well pursue it is proud to sponsor a seven part webinar siri’s with some of the world’s top fund-raising experts, including gael perry from fired-up fund-raising the donor relations guru lynn wes for simon scribe er from change fund-raising leah eustis s f r ee and founder of blue canoe see change strategies founder mark rovner and a rachel muir c f r ee what’s that stand for cfr certified fund-raising executive and then there is also a c f r ee what’s that advanced certified fund-raising and then there’s and then there’s double advance. D a c f r double advanced, which and then it has an asterisk at the end too. And then you drop a footnote at the bottom of the page and it says that you’re super sort of fundchat yes, so go for the cfr, which i just made up. In fact, it looks like dale perry. Looks like cal perry just joined us on now. Hey, just join us on facebook. Hello, gail pantry. So joined lisa martin game and joined hello, lisa. Jeff lane joined wow, let’s vote for lots of friends from and vot nor the value altum pan high school. Thank you so much, jeff. Lisa um, panda reso mary-jo chamberlain didn’t realize this show had so much math. Now, this is a special because it’s got a three, five zero in the title. So not to worry come back and not a lot. Nothing so much math every time greg rajic am i going to saying no, no, i was left thinking you did mind you don’t mind my lip sync when you were singing it all now and listen if you want to sing harmony like you know what does that mean? I have jack in jail, jack in jail, not proper radio jock in jail, i don’t know. Not sure harmony is normally the lyrics is that what the lyrics is now it’s like when you sing, when people sing together, one sings like the team, the melody and the harmonies, like another part, like the background, or sometimes what’s the lyrics what’s that what’s that i hear the words that’s, the word zoho fancy way to say it works the melodies, the tune this is why i have drug in jail. Um, i like to write the words first and then i do the lyrics after let’s do live listen alone using one minute. So what? The end of the show home? My god, no, no, alright, live! Listen love, i can’t do i can’t doing languages look at this live love! I’ve got to get out besides everybody on facebook, shalem, malaysia, seoul, south korea padano dune yano, italy thanks for being with us. Italy, brazil, austria, germany non-cash yang, china let’s bring it into the u s new york, new york multiple in new york city, potomac. Marilyn brooklyn, new york. Stuart scott stein, who hails from oakland. California. Madison, wisconsin south orange, new jersey. Swan’s bar in north carolina, whoa! Swan’s morrow, mendham north, new jersey, woodbridge, new jersey. New winds or new york. Tampa, florida st louis, missouri hyre hobson, houston, texas live listener love i got into the ophelia affection before you cut me off. Sam, i am and fm stations throughout the country. So glad you’re with us. It’s the affiliate affections. Thank you for being part of the show and the podcast pleasantries. I’ve got to go out to the over twelve thousand podcast listeners. I am grateful you are with us. Sam is cutting me off. I wish i could be more effusive. We got to go. Duitz snusz stein. Claire meyerhoff. Thank you so much for being with you. Thank you. Thank you. Being with me for three. Fifty next week. Personalized philanthropy. Steve myers wants your fund-raising to be seriously, really donor-centric he’s with me for the hour. If you missed any part of today’s show where i beseech you, as i do every week find it on tony martignetti dot com. We’re sponsored by pursuant online tools for small and midsize non-profits data driven and technology enabled and by we be spelling supercool spelling. The fundraisers we b e spelling dotcom are creative producers. Claire meyerhoff sam league rules is the line producer shows social media’s by susan chavez. Our music is by scott stein of brooklyn. You with me next week for non-profit radio. Big non-profit ideas for the other ninety five percent. Go out and be great. What’s not to love about non-profit radio tony gets the best guests check this out from seth godin this’s the first revolution since tv nineteen fifty and henry ford nineteen twenty it’s the revolution of our lifetime here’s a smart, simple idea from craigslist founder craig newmark yeah insights, orn presentation or anything? People don’t really need the fancy stuff they need something which is simple and fast. When’s the best time to post on facebook, facebook but andrew noise nose at traffic is at an all time hyre on nine a, m or p m so that’s, when you should be posting your most meaningful post here’s aria finger ceo of do something dot or ge young people are not going to be involved in social change if it’s boring and they don’t see the impact of what they’re doing. So you got to make it fun and applicable to these young people look so otherwise a fifteen and sixteen year old they have better things to do if they have xbox, they have tv, they have their cell phones. Me dar is the founder of idealist took two or three years for foundation staff to sort of dane. Toe add an email address their card it was like it was phone. This email thing is fired-up that’s why should i give it away? Charles best founded donors choose dot or ge somehow they’ve gotten in touch kind of off line as it were and and no two exchanges of brownies and visits and physical gift mark echo is the founder and ceo of eco enterprises. You may be wearing his hoodies and shirts. Tony talked to him. Yeah, you know, i just i i’m a big believer that’s not what you make in life. It zoho, you know, tell you make people feel this is public radio host majora carter. Innovation is in the power of understanding that you don’t just put money on a situation expected to hell you put money in a situation and invested and expected to grow and savvy advice for success from eric sabiston. What separates those who achieve from those who do not is in direct proportion to one’s ability to ask others for help. The smartest experts and leading thinkers air on tony martignetti non-profit radio big non-profit ideas for the other ninety five percent.

Nonprofit Radio for July 21, 2017: Look Good To Creditors & What Boards Get Wrong

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Paula Park: Look Good To Creditors

Loan? Credit line? Bond issue? Paula Park reveals how to impress creditors when you’re knocking on their door for money. She’s senior vice president at BankUnited.

 

 

 

Gene Takagi: What Boards Get Wrong

Gene Takagi

You may have heard rumors that your board isn’t perfect. We’ll run through the most glaring offenses you need to look out for. Gene Takagi is our legal contributor and principal of NEO, the Nonprofit & Exempt Organizations law group.

 

 


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Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent get excited for next week it’s our three hundred fiftieth show seventh anniversary i’ll say more in a few minutes and i’m glad you’re with me. I’d be thrown into psych ataxia if i tried to focusing on the idea that you missed today’s show look good to creditors loan credit line bond issue pull a park reveals how to impress creditors lenders when you’re knocking on their door for money, she’s senior vice president at bank united and what boards get wrong? You may have heard rumors that you’re bored isn’t perfect. We’ll run through the most glaring offenses you need to look for. Jean takagi is our legal contributor and principle of neo the non-profit and exempt organizations law group i’m tony take two, sixty nine and three fifty, but not four hundred nineteen. Responsive by pursuant full service fund-raising data driven and technology enabled, you’ll raise more money pursuant dot com and by we be spelling super cool spelling bee fundraisers we b e spelling dot com my pleasure to welcome first time guests to the show pullup park she’s. Senior vice president responsible for new business development in the non-profit hyre ed and healthcare sectors at bank united’s commercial banking she’s, a banking industry probono over twenty five years of experience focusing most of her career on the banking needs of tax exempt organizations before bank united, she was with wells fargo bank. You can email paula she’s offering her email. People are at bank united that dot com welcome polish pork high thank you. I’m very excited to be on the three hundred and forty nine forty nine that’s. Amazing, thank you very much. It’s almost set seven years called seven wow, seven years what’s one week between friends, right, seven years. Thank you very much. Um, yeah, i don’t know if i’ve had, uh i don’t know if we’ve had a bank around before. I think you might be our first banker. We’ve talked about financial things, but we’ve had, uh, more investment advisors you’ve had, you know, invite investors. We certainly had accountants on you. Might be the first banker zoho that’s. Exciting. Three forty nine. Right? Right. That’s like a low percentage. I feel i’m in the one percent you’re in the europe urine the point o o one. Yes. Okay, so we want to look good for creditors. White let’s. Just make something explicit. Just in case there are maybe or eggs that i haven’t thought about this. Why is it advantageous for them to borrow money? Well, you know, there’s. A lot of reasons for borrowing money. And first, i’d like to say that these air my opinions and up the opinions of my bank. Okay. Okay. Disclaimer. Thank you. So, you know, it helps you expand the reach of your own money. So not every organization can afford to do everything they need to do today. But, you know, do you have a long term risk repayment show source for a short term needs that’s a great reason to borrow. So you want an asset that will last you for the rest of your life. But you don’t have all the money today, okay? Like real estate. Like real estate. But you have the cash flow to support that. Maybe you want to think about borrowing, maybe it’s a great alternative to renting. Ah, and also non-profits use it to help them with their seasonality of their cash flows. Okay, that would be a credit line. Yes, and cried. Um, one of the purposes. Do you see clients coming to you for borrowing? Yeah. I mean, it’s, mostly capital and cash flow. Sometimes we bridge capitol campaigns. So again, back to this that, you know, you have pledges, but they’re going to come in over ten years. But you could buy that asset today if somebody will finance those pledges. Okay, so if there’s the right kind of documentation against those pledges, right? Like, if they’re biting their legally binding, right? I guess that would be part of your due diligence, and they allow lending. You have to let them, you know, they have to say in them that you could borrow against. Okay. All right. We’ll get to the details. All right. Cool. So so you have this future basically receivables? Yes. And you could borrow against them. And under the right terms? Yes. Okay. All right. All right. So it’s, mostly for assets and credit lines. Cash flow is mostly assets and cash flow. Okay, cool. Well, sam, just hand me the list of live listeners were bursting with live listeners who want to hear about looking good to creditors. Okay, we’ll get to the live. Listen, love that comes later. Okay. Okay. So, what should we think about before we approach a creditor lender and start an application or even to start inquiry? What do we need to have in line first? Yeah. I mean, i think you want to get your story together. You want to understand yourself and why you’re approaching them what you’re asking them for, you know, is there collateral? Can you offer collateral? You want to understand your own finances, and you have to be able to explain them to a bank in a way that they can understand wth? Um, okay, so we can’t just voice the whole bunch of documents on you and let you sort through it. Yeah, i know that’s an awful approach that does happen. And that tends to be the last thing you pick up. Don’t do this. Don’t do this. Don’t you throw a whole bunch of random things, really? Organize it. Think about your approach. Think about what you want to tell folks about yourself. Um, if you have a compelling story about yourself, tell it. And you have to be able to tell the story. Behind your numbers, because if you can’t tell it, nobody else can understand, okay, so you’re going to ask is this is this now is this? We’re like an initial phone call just like inquiry call i call up and say, you know, we’re thinking we have a cash flow issues, you know, we’re thinking of fifty thousand dollars credit line would be valuable for us, right? I could that would help us make payroll when you know things like that make our rent payments, et cetera, eyes this in an initial call, or do i need to have these things in line before i even call you and say, i’m thinking about doing this? Are you able to help? Yeah, i mean, i love asking questions, so don’t expect that the person on the other end of the line isn’t gonna have a ton of questions there are even in the usual cold, even in the initial call try to feel it out and see if it’s something you’re interested in or not, um and get an idea of what they’re looking for. Why, you know how they’re going to pay you back? That would be part of the initial conversation, because if it’s something you know you can’t help somebody with you don’t want to spend too much time on your trying to feel it our right. You’re beginning contrary, maybe the popular opinion. You’re not just throwing money at every organization that comes because you because it helps you make money, right know now you know. Okay. There’s due diligence. There’s a lot. I do know. How are you going to repay? All right. So how are we going to repay? I mean, if we need to borrow, how do we repay? Well, so, you know, there’s there’s. A couple of different ah, ways to do that. One is, obviously you have excess cash flow every year. So on a long term repayment, you know that extra hundred thousand dollars you have every year goes to pay the term long town. Okay. Okay. With, you know, with the capital campaign, you play it down, you pay it down, it’s the pledges come in and for lines it’s around your seasonality. So you know your your contract started. You perform the service now, it’s. Three months later. And you’re starting to get paid lines when i was in. College lines meant something different. I am not referring to the white lines now. No white lies a credit line. He’s a credit local. Just making sure. Yes, so would credit lines it’s based on your seasonality. So wants your money starts coming in from your government sources. You should be able to pay those back down, okay? Or maybe your donors, donors or your biggest and, you know, whatever that is. It’s it’s lines are meant to be drawn down and repaid and drawn down and repaid over the course of the year, and most of them have a thirty day cleanup. So you’re not supposed to use them for thirty consecutive days. Oh, meaning thirty days you’re supposed to be paid off within thirty days within it. Within thirty days of every year consecutively you have to pay a line of credit town. Oh, really? Yeah. Oh, keep about my organization. Can’t keep a balance. No, the idea is to show us that we’re not your permanent working capital, that we’re just a temporary solution. Otherwise, that usually shows evidence of a larger problem. Yeah, because i say all right, right. If there’s always a balance, then the credit line isn’t the right vehicle for you, right? There’s always a balance because, yeah, you have a systemic issue usually. Ok, which is you’re you’re going to try to get at before issuing the line, right? I try to figure that out. First poker. Sometimes things aren’t as visible. Okay, we’re gonna talk about that. We’ll get more detail. Right? So we got we got to go away for our first break for a couple minutes, and then we come back. Of course, paul and i’m gonna keep talking about looking good to creditors. Stay with us. You’re tuned to non-profit radio. Tony martignetti also hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a quick ten minute burst of fund-raising insights published once a month. Tony’s guests are expert in crowdfunding, mobile giving event fund-raising direct mail and donor cultivation. Really, all the fund-raising issues that make you wonder am i doing this right? Is there a better way there is? Find the fund-raising fundamentals archive it. Tony martignetti dot com that’s marketmesuite n e t t i remember there’s a g before the end, thousands of listeners have subscribed on itunes. You can also learn maura, the chronicle website. Philanthropy. Dot com fund-raising fundamentals the better way. Welcome back to big non-profit ideas for the other ninety five percent. Uh, paula okay, um, so now we’ve progressed past. We’ve gotten past our initial inquiry call, okay? And we’re still viable. Yes, we haven’t. Slobbered we understand our financials. Oh, how would you want to see you? So when you say understand your financials on what you’re looking for, what kind of explanation? I mean, you know, numbers tell a story and what we want to hear the story behind the story. So we want to understand, you know, what you’re doing out there, you know, how you’re helping people, but also how your funding helping people, what your cash flow cycles like, you know, why you’re goingto borrow you know, you’re you’re building a new homeless shelter? Why do you need it for how many people are going to stay in there? How do you how are you going to pay it back? You know, um, you know, how do you budget? How do you work towards your budget? I the one of the my pet peeves is when somebody tells me they don’t track their budget, that scares me. Oh, that’s, terrible ally, i admit that. To a potential lender. Yeah, i’ve had that several time. We don’t track our budget. We don’t track to our budget and money. And yeah, we don’t do internal financial statements. We don’t track to our budget, right? That’s about that’s a bad sign? Yeah. That’s a that’s, a big red flag right there. It’s like, how do you know what you’re doing if you don’t keep track, right? Yeah. How do you know? How do we know we’re going to get paid back-up wi calendar if if you’re not if you’re operating from a budget. So at the end of the year, you figure out if you made it or not. Yeah, december thirty first. Yeah. Scary. Scary. It’s bad. We shouldn’t be operating that way, but that’s systemic. I mean, that there’s a there’s. A problem with board oversight there? Yes. What is not executing its fiduciary duty? Okay, i don’t know if jean takagi is listening, but he and i are gonna talk about some of the things boards get wrong. That’s one of them? Yeah. Okay, now. All right. So next step durney. What is the next? How would you define the next? So so what? I usually do is i gather financial data. So i asked for three years of audited financial state man’s your current year today how you’re tracking to your budget, you know, some sort of a numeric picture of how you’re going to pay me back. You know, what’s the funds flow if it’s aline what? Your cash flow cycle looks like that’s. Another red flag when somebody says, i don’t know what my cash flow cycle looks like. Um, you know, what’s your plan to pay me back to cash flow cycle well, that’s, your receivable cycle. So most organizations, especially government funded, have a very typical we know. Yes. Okay. All right. So we know, on the end of the quarter, we were very rich, and then we draw it down from the end of the quarter. Because our government pays us, the state sends me. It sends us to check every quarter, and that sustains us for the three months and right. And then we have other revenue sources, like events. And then we have individual donors account for right. Thirty percent of our revenue like that. I mean, right, right. Yeah, yeah, yeah. That’s it and you. Show me your cycle s i collectibe bunch of financial dad and then what i like to do is come visit, meet in person, see what you look like, see where you work here, what you sound like in person and, you know, asking a lot of questions and again have you tell me your story? How can we impress you now now you’re we’ve given the documents now coming on site, right? Right? How can we impress you so that you will give us the loan? Whatever it is that we’re that we’re looking for? Yeah, i mean, first of all, i always bring somebody with me and they’re usually the credit person, one of the credit people, so if you don’t impress them, does that mean they’re the ones who make the decision date? They either make the decision or influence the decision, okay? And you know, if they’re not impressed, that’s it but the end of the line and how to impress them. So you know again, you tell us your financial story. You tell us how you’re going to pay us back. You tell us about what you dio and how you do it. If you have a great program that you can show us that that’s going to really impress us. That always helps a lot. Ok, so show off our facility. Oh, yeah. Even if it’s not directly related to our loan. Yes, absolutely. Okay, you know, bring important people. Bring the cfo. Bring the executive director. Boardmember bring aboard matter-ness boardmember i love when they bring boardmember bring a boardmember show how committed everybody is, you know, talk about why they’re there and how much they love it. And, you know, it’s and the personal impression means a lot. You know, if you leave a meeting and you don’t trust the people you spoke with, they don’t sound articulate. They were confusing. You know, the chances of getting the loan get lower and lower. What about its summertime? Okay, if i show up at this meeting shorts and flip flops. Yeah, shorts and flip flops are a very bad idea. I’ve had it happen. Birkenstocks, you name it. Cut off jean shorts. You know the bank for god’s? Yeah. Think about your audience. You know, even if you have casual fridays, you should probably hold off on showing me your casual fridays until i know you better invite you for monday through thursday. Yeah. Invite me monday through thursday if you don’t want unless we’re doing a barbecue sacrifice your casual friday. Yeah, yeah, but don’t turn up in your casual friday close. I want to bring my credit people it doesn’t mean they’re in suits and dresses. Yeah, we just sweat it out and suits and you’re in your flip flops. They feel insulted. Okay, what else? Anything else? Tip of ways we can impress you. Tips inside of these the pro tips. I mean, you know, the pro tips. I guess one of the things we talked about was pricing hot off the show. But pricing bad banks, you know, come up with a score card on you. They basically take all your data and important into a financial model. And we come up with a risk rating for you and it’s. A number, man. Every bank has a different range, but the idea is the same. And and the number we come up with for you goes into usually some sort of a pricing model. And based on the number your price changes like there’s no, your interest rate. You interest rate, right. So the mohr um risk-alternatives and some of that’s quantitative. So you can’t really change that, it’s. Just a number driven there’s a portion that’s, qualitative and that’s. Where impression and how you sounded in how your story sounded. That all goes into the quantitative piece. Quality. Yes, qualitative piela that that moves your number around. What would you say that proportion is quantitative qualitative in deciding this risk rating? I mean, quantitative hyre okay, but sixty, forty years? Seventy, thirty, thirty percent. I can influence about a third that’s. A lot of my rate by putting on a good show having good present that making a good presentation, right? Right. I mean, there’s, nothing you khun dio, if your numbers are never going to work, there’s nothing you can do to change that. Okay, but if your numbers do work there’s a lot you could do to move, move it around and and put yourself in a different place. Okay, so, you know, i think that’s an important thing to consider is is what impression you’re leaving people with, you know, think about before you have before you call before you meet. What impression am i? Trying to give you what are some of the numbers that go into the these these? Yeah, that go into the risk lady. Yeah, s so what we do is we take your you typically it’s three years. We take your last three years of audits, and we lined them up against each other so we can look at trends. And we re like ratio analysis. We like, first of all, we do a percentage for everything. So revenues is, you know, made up of seventy percent this and ten percent bad expenses. We break every line item into a number and a percent. And then we blind him up so we can say things like, why did your program express spence? Increase relative to your revenue? Why was it twelve percent last year and this year, it’s? Thirty ah, wei take numbers and we pour them into a whole bunch of ratio analysis. Leverage is an important one. It’s basically debt to net assets. All right, we’re getting into jargon jail territory now? Yeah, you just defined leverage. That’s. Good it’s. A ratio of debt to net asset that to net assets. We look at liquidity numbers, which can be all different. It could be a gross numbers. Something like cash and i’m restricted investment. You can be a ratio like sabat current assets minus current liabilities. That could be current assets divided by current liabilities. So there’s a whole bunch of different numbers to look at. And then they think the most important one is debt service coverage ratio here in jargon. Jill. Yeah. Yeah, i know, but i can tell you thie d s c r the common. No. Yeah, yeah, yeah. It’s, it’s, your operating access plus interest appreciation operating access that we have to find that. Alright. Wait. All right. So let’s, just leave it with dug a hole here. Alright, jargon, but you get me out. Get me out of this hole. I mean, this dark hole, all right, basically shows us how you can pay us back that we have the capacity to pay you back. Yeah, it has to be better than one. If you want more detail in that email. Female polar at people back tonight at dot com. Okay, i got out of that slow. Okay. So, what’s all right, so you’re going toe. You’re doing deep evaluation. This is your your due diligence, right? God, quantitative and qualitative. What are some red flags? That that, yeah, what is a red flag? Yeah. I mean, you know, you’re looking for big, big red flags are ah, negative net assets. So negative equity negative equity means you you own less than you owe you. Owe more than you. Everything, including our copier are if we owned property, whatever all our assets yet or less than our liability. Yeah. That’s, that’s a big no, no, but, you know, this debt service number we’re talking about is below weinger okay, skip over that. Okay? You’re okay, you’re below one the one that’s bad that’s bad. You’re operating continually at a loss like year after year after year after year here on it’s getting worse, okay, you know, so the trends are getting worse. You know that? The number that you’re looking at two pay your backs getting smaller and smaller and smaller. Right? So your risk the risk of this money that you’re going to be lending is rising and rising, right? What? It may just be so high that when that we can’t even help you. Right? Right. All right, red flags. Any other red flags? Birkenstocks, you’ve got a deal. Killer it’s not a deal killer. I’ve done, i’ve done deals for cookie people and strange outfits, but but there, but they paid more. They might have paid for that race probably were hyre yes, stocks, birkenstocks will cost you, you know? I mean, they’re they’re lovely, but not not, not when you’re meeting the credit people, right? And if you go out to meet with people and for burke, they don’t understand what they’re talking about and they can’t tell you why they’re expenses. Air hyre this year, and they don’t manage to a budget and you walk in and the ceiling’s falling down, you’re like, i don’t know if i want to do that. What if we’re lending for renovations because our ceiling is falling down? Well, that would be we’re borrowing. That would be a different story. But if this is like your not that, you know, your i’m in for working capital and you know, the book just fell on my head. I’m a little worried, okay? Yeah, but you have deeper issues beyond. Yeah, there’s more keeping your program’s going in. Your staff paid yes within which these programs and staff are residing is not stable, right? Your buildings falling apart. Yeah, this is fun. And you? Oh, well, let’s, get back to some of the fiduciary duties that the board should be overseeing. What if there’s excessive compensation, right? I mean, you know, there’s not a hard and fast rule for executive compensation. But i do think that if you see stuff that’s really out of the norm, it does raise a big red flag. And one time, for example, i was looking at the nine. Ninety of social service that their financial statement there ought. It looked a little odd, so i went to the nine. Ninety to see if i could dig a little deeper because there’s. A lot of information in there. And i found out thea president, ceo and cfo. Were husband, wife and son. Oh, no. The social service was it’s operating at a loss, but the three of them together made over two million dollars a year. And the headquarter hyre? Yeah, hop on. The headquarters was being rented from the president. Man, i didn’t do that loan, right? Yeah. That’s. Egregious. Yeah. That’s. Great. Where’s, the board i don’t know. And it’s it’s, you know, it’s, a founder run entity. So, yeah, that has to sell that story. Yeah, and i won’t tell you who but it’s when you know very marriage. One wife and son. Yeah, and the three of them are making two million dollars over that’s a lot for a social service. Especially one that’s operating at a deficit. Right? Him? Yeah. So, you know, i look for things like that. Google, sir. Oh, you mentioned. Oh, okay. You mention financial statements, flandez these come with a lot of footnotes? Yes. When i was in law school, i had a professor who he was so keen on the footnote being so important that the answer to an exam turned on whether you read the footnote or not. Yes, absolutely right or wrong in big way. Whether you if you didn’t read the footnotes. Footnotes i read, i actually i read the footnotes first before i even look at the financial numbers because their stories in there because that’s, the football i love the footnotes. Yeah, there’s. A lot of stuff in there. It’s. Very interesting. Um, all the good stuff’s in the footnotes if we’ve got stuff buried in the footnotes that we would rather you didn’t see? Should we just let you read it on your own? Or should we come out clean and say, you’re going to see cem, some improprieties or some, you’re going to see some red flags? Let me talk about these shoes. In other words, should we reveal it, or shall we leave it to you two? Maybe you won’t find it. Yeah, it’s always better off to come up front with things make cerini find it, maybe we find it and and you know what it is and and and if it’s on google, if i can google it, you have to tell me, because if it’s out there, i google search everybody everything yeah, bad press um and if it’s out there on google, everybody knows so china hide it it’s better to just tell you story a pride. It always sounds worse when you dig it up on your own. Absolutely well, that’s. Like being ten years old, it’s. Much better to go to mom and say you did something bad. Then have her discover that you fed the broccoli to your dog. Right? Right, it’s. A deal killer. When you find something on google and it’s egregious for me, it was liver, but i have cut it into little bits at a smother it with ketchup. I always say, if you covered cutting little bits and spread it around the plate, it looks like a lot less right, right. At least hide it under the mashed potatoes. Yeah, hide it or just diffuse it when it’s dense on the plate. That’s when? It’s scary, right? Just just last night, this came up, somebody cooked me liver, even smothered with onions. I just i’m not a liver fan myself, but you got to come clean. He gotta come tell up front. You know, we don’t like liver here in this organization, right? That’s, right? And we want you to know and here’s why? And here’s but here’s what we do instead we have other sources of iron right supplement. Wei have other sources of good protein. That’s right? We’ve finished. They were in vegan. They were even begin here. Yeah, there are good. So alright. Come clean. That’s. What you’re saying? Come clean. Dafs piela all right. Um anything else? All right, so now we’re getting to this, the evaluation, the number’s sounds like we’re just reduced to a bunch of spreadsheets cells, right. While we tell you story too, we tell you story and writing. Oh, so you tell us your story. We tell you, we tell our credit people your story. Okay. Okay. So are you? Basically is your role basically too be an advocate for the would you put it that way and advocate for the non-profit is that too strong of a navigator? As long as that they’re worth advocating for. Okay. Okay. Until they’re not your advocate until they’re not worth advocating for. Yes, absolutely. So you’re the liaison. I’m really a front face of the credit organization. Credit institution, bank united on dh. You’re working between the organization of the credit right in the middle person? Absolutely. I kind of represent both to each other. Anything else we can do to get the best rate possible? We just have, like, a minute and a half left. What could you d’oh? Besides, have great numbers tell you. Good story. Where the right clothes? Show me your show, mia programs. Okay, alright. Stuff recovered. Yeah, i can’t think of anything else in that case tell me why you love. You’ve been in banking and lending twenty for over twenty five years. Why do you love this work? Yeah, i mean, i’m here for the not-for-profits so i’ve always been a not for profit. I started lending to not-for-profits in nineteen, ninety and i’ve been hooked ever since. I love to be involved in the projects i love to be involved in the missions i love to meet the people i’ve set on board. I’ve done volunteer work. I’ve worked. It not-for-profits too and i just i just want to help the the not-for-profits helped the universe. Our cold is to go to that to go to the ribbon cutting oh, i love going to the river cutting that’s like your shining moment of glory when all the all that work you did paid off for everybody. Yeah, so that’s fun. We loved the ribbon cutting and we try to bring some of our bosses to the ribbon cuttings too, and let them see how great we are, where their money did something good for a change. Outstanding cool part. Thank you. Thank you. Ballpark. Senior vice president at bank united park at thank united dot com. Thank you again. Thank you so much. Jean takagi and what boards get wrong is coming up first pursuant they have ah, well, they have something, but you have seen a lot of midyear fund-raising reports now we’ve we’ve crossed june thirtieth and benchmarks being discussed everywhere, you know, whether you’re living up to what the community is doing or not, but one of the most important trends and how do you make the most of the best sense out of them for your organization? What if you’re not hitting the benchmarks that other people have created on dh? How do you keep rising above if you’re if you’re ahead? That’s what the next webinar comes in for from pursuant it’s, the state of fund-raising midyear checkpoint with ceo trent riker he’s going to be on the show next week for the three fifty and senior vice president jennifer abila they’re gonna help you push through your third and fourth quarters if you can’t make it live on july twenty fifth, watch archive either live or archive go to pursuing dot com click resource is then webinars. We’ll be spelling super cool spelling bee fundraisers make millennial money that’s my own that’s my own alliteration that’s not there so don’t don’t blame alex queer. We’d be spelling for that, but listeners have been talking to alex. I know he’s the ceo there he’s also going to town next week and you could be next. You could be a b you could be you could be next. Look at this. What is brilliant mind since that what? You’re witnessing it at work right now. Um, b next, check out the video at we b e spelling dot com and then pick up the phone for pizza. Talk to alex and look, look what his number is. Nine to nine to two four bees. Okay, see, i’m not the only one now the time for tony’s. Take two. Sixty nine and three. Fifty. I’ve got a new video. Feels good in sixty nine. Get the filth out of your mind. Get it out! This is a family show. Although i don’t know anyone under twenty one. Why anyone under twenty would listen. But in fact, if you are under twenty one and you can prove it to me, i’ll make you listen for the week. Get me at tony martignetti sixty nine is a new position for me, it’s. Hard it’s a hard position. Watch the video and it will all become very clear. Next week is the three hundred fiftieth non-profit radio we’ve got all the regulars that iran, including jeanne kaguya, was coming on very shortly hyre meyerhoff she’s gonna be with me the ceo’s from pursuing and we’d be spelling live music with scott stein he’s going to play our theme song, of course, cheap red wine and another and we’ve got giveaways from pursuant and your coffee. How do you enter the wind post your most creative? Congrats on the three fiftieth use the hashtag non-profit radio three fifty post will pick the best ones those will be the winners here’s that hash tag non-profit radio three fifty you’ll find my sixty nine and three fifty videos at tony martignetti dot com. And that is tony’s take two jean takagi. He, uh you know, he’s been listening to tony take two he’s been on for a couple minutes. You know who he is? He’s, the managing attorney of neo non-profit and exempt organizations law group in san francisco. He edits the wildly popular non-profit law block dot com and he is the american bar association’s. Twenty sixteen outstanding non-profit lawyer you’ll find him at gee tak gt a k jean takagi. So great to have you back. Welcome back. Thanks, tony. Great to be back. My pleasure. We’re talking about some, um, some mistakes that boards make. What, uh, what brings this to your attention? Well, it’s been in the news a lot on dh governance on every level in every sphere of ah, our country has been coming to a lot of attention and whether things were done properly up on the top or not, um, has become a big issue, and i think there’s a common saying the tone is set at the top and the tone of proper governance on non-profit boards really sets the whole tone for the organization and when you don’t have boardmember that air prepared to set that right tone, there are there are problems that follows, and those are the things that get into the news, okay? And we were just touching on just a couple of those with with paula park a few minutes ago, some talking about some of the fiduciary issues fiduciary duties that board members might be ignoring if they’re if they’re not. Properly prepared for, you know ah, credit application sabat okay, but aside from that let’s, see, what would you like, tio? What would you like to start with you? Pick you pick somewhere. We got to get a bunch to go through. But you pick something to start. I feel like i always dictate to you. You choose. Okay. Let’s do allowing. No, i’m sorry. Go ahead. What would you like to do? Well, i could actually let’s start with sort of conflict of interest transactions and that’s where boardmember sze decide that they want to sell services to the non-profits on whose board they sit and, you know, some some sort of say, all of that should not be allowed. And with private foundations there’s ah, much stricter rule that prohibits most of those transactions. But with public charities, it’s usually not sort of absolutely prohibited in some cases, a conflict of interest times action is actually to the organization’s benefit. Like kinda boardmember says, you know, i’ll give you rent at half of the market rate on you. And you can use my my offices to run the organization. That might be a very good deal for a public charity, but where board get in trouble is where one member of the board says, well, you know, i’ll sell you these advertising services for the organization, and my usual rate is five hundred dollars an hour, but i’ll charge you four hundred dollars an hour, and maybe that is what you know that person’s rate is when they’re selling him tto fortune five hundred companies. But for this little one hundred thousand dollars a year non-profit a four hundred dollar an hour rate for advertising is probably excessive. And if the rest of the board just blindly goes along that’s as well he’s giving us a twenty percent discount let’s go with it that gets boards in trouble. Yeah, okay. Would that fall under that eyes that a conflict, conflict of interests? Yes. I mean, there may be several laws where it could be a problem, but on sort of the federal level on the federal tax level, along with being a five a one c three organization and the public charity, you’re not allowed to engage in on access, benefit transaction where somebody like a boardmember gets an excessive payment. And if that happens, what? The irs could do would say, hey, you know, that was excessive, really, nobody should be paying a charity this side should not be paying more than let’s say, two hundred dollars an hour for those services, so you were overcharging two hundred dollars per hour and what we’re going to make you do, as the irs says, we’re going to say you have to return that excessive portion back to the charity, and then on top of that, we’re going to charge you a tax for violating that rule, and that will be twenty five percent of the excessive amount that you charged. And if you don’t fix that within the tax year, we’re going to charge you a two hundred percent penalty under the mountain, all right away, if any boardmember approved that transaction and they knew or he really should have known it to be excessive, we’re going to hit them with a penalty as well. Oh, my goodness. Okay. And i think you and i have talked about this not recently, but xs benefit transactions. I think we’ve covered this. This yeah, and then very i love that you point out the possibility of individual fiduciary penalties and my saying individual money, penalties for the board members, personal penalties. Yeah, really, really rare. But, you know, if if boards look like they colluded, teo benefit one of their fellow board members and weren’t really looking after the best interests of the organization, they can be imposed. Okay, okay, let’s go to aa, not preventing misappropriation, our misuse of the of the ah, the money’s that come in or the other other assets of the organization. Yeah, i mean, that’s a great segue way because one misuses overpaying a boardmember really is overpaying anybody. So maybe you’ve got a friend. And, you know, that friend is offering this great deal to the organization according to your friend, but maybe it isn’t such a great deal. Or maybe it’s for services that the organization really doesn’t even need. So he’s saying, you know, i’ve got this great storage facility. You guys should rent it, and you know, i’ll give you this this great deal on it, and so the organization goes ahead on, rents it but actually never uses it because they never needed that storage facility. Well, that would be kind of a waste of assets and potentially, a diversion of those charitable assets to benefit somebody’s friend. And again that back and get people in a lot of trouble about cyber security risks what’s the board’s responsibility there? Yeah, cybersecurity czar really hot button issue right now and then we’re seeing it everywhere from, uh, people getting their social security numbers stolen or credit card number stolen and identity theft associated with that. So when non-profits are collecting what they call personally identifiable information information that can be associating with a specific individual, they’ve got certain rules that apply, and these are specific to the states. So there’s certain rules that apply that say, you’ve got to really maintain and protect this information, and if it gets out, if your sites that contain this information are breached and those things that released a lot of states say you’ve gotta notify the individual who’s data has been breached and taken so that they can take steps to protect themselves. So really big deal now you you will have already breached the law if you didn’t create secure systems preventing certain breeches and hackers from getting at that data. And if you fail to notify possibly donor’s information, for example, or some buyers of your services or goods? If you don’t notify them of that reaches well, you could be violating another law. So a lot going on there in cyber security. Actually, another really interesting one was recently there was some ransom where that that was came out and hit not only for-profit organizations but some non-profits is well and ransom. Where is basically where somebody hijacks your site and some of some of your site, maybe for processing donations or for selling goods and services. And so you really rely on having them up every day while the hacker takes over your site says unless you pay me let’s, say, you know, ten thousand dollars by tomorrow, i’m going to keep your site hacked and it may take you, you know, even with your experts a week, two weeks to recover it, and maybe you’re gonna lose a lot more money if you do that now, what do you do? Yeah, we just had that nationwide within about the past, not not not just nationwide internationally with in the past, what, six weeks or so? See, i think the wannacry ransomware i don’t know if it’s called a virus or something else. But yeah, it was widely prevalent in a lot of organizations, and organizations have to figure out how to deal with that and it’s best to figure those things out before it actually happens, rather than after the fact we just had a guest with in the past. I’d say that in the past two months, mark last night was shine mark shine. I think, talking about cyber security on how to ensure against it, the different policies that are available. Teo, to protect your organization in the event of a breach s so you could listen to you could look back at that it’s just with i’m sure it was mark shine just in the past couple months, okay, let’s. See, um, let’s. I do want to get teo another, another popular blawg, not not as popular as non-profit law block dot com, but we’ll we’ll give ellis card or a shout in a couple minutes. How about yeah, investments what’s the what? I don’t think you and i have talked about this one, the board’s responsibility around the investment policy statements of the organization? Sure. So, you know, even some smaller charities, you know, they got reserves and order some of them anyway. If they’re lucky, enoughto have not have to live sort of day by day, have some reserves on dh. They may want invest those reserves rather than just keep it in in a checking account, for example. And if you do have assets for investment was a charity. There are state laws that are associated with prudently investing those foreign investor axe. Yeah, on dh those are really important to pay attention to so some charities and some have come to us for service. You know, when when the market is it is it’s hot on the market has been pretty good lately, you know, they’re also served deals out there, and some are like going no, you know, we would like to invest all of our our money in this hedge, but, uh, and they may not even know what a hedge fund is. And i don’t know that anybody actually knows what a hedge fund is, because that covers so many different broad groups of investments, but they tend to be wildly speculative, meaning you could make a ton of money on them in a short period of time, and you can lose a lot of money in a very short period of time and that type of speculative investment making unless it’s part of like a prudent portfolio where maybe, like ten percent of your assets are devoted to those that are, you know, much more speculative, but ninety percent are in much more conservative investments can be a real breach if you put all your money’s in one basket, which it’s never good ideas, we’ve learned from our our parents or our kindergarten teachers. Um, you know, you’ve got to make sure that the portfolio of different investments you have is prudent, and so you’ve diversified your risks and not put it all in some wildly speculative investment, and that could be not only a breach of your fiduciary duty but reach a prudent investor rules and there’s a rule we don’t wantto get into jargon jail, you’re always about the impression that the acronym uniforms prudent management. Of institutional funds act, and it says that you have to look at different concerns when you’re investing on dh. It really talks about conservative investing in a portfolio with an eye on what your mission is as well. Gene, just give that acronym and what it stands for again, please, i talked over you sure upmifa upm i f a, the uniform, prudent management of institutional funds act. If you google upmifa and your state, you’ll find what the law is, and i think that’s in forty nine states, i think maybe pennsylvania’s the outline, hold on. All right, all right, thank you. I’ll try teo, keep my tongue civil from here on, but all right, let’s, go out for our break. When we come back, i’ve got live. Listen, love a ton, and we’ll give a shout out to another law block that you might be interested in state with us. Like what you’re hearing a non-profit radio tony’s got more on youtube, you’ll find clips from stand up comedy tv spots and exclusive interviews catch guests like seth gordon. Craig newmark, the founder of craigslist marquis of eco enterprises, charles best from donors choose dot org’s aria finger do something that worked neo-sage levine from new york universities heimans center on philanthropy tony tweets to he finds the best content from the most knowledgeable, interesting people in and around non-profits to share on his stream. If you have valuable info, he wants to re tweet you during the show. You can join the conversation on twitter using hashtag non-profit radio twitter is an easy way to reach tony he’s at tony martignetti narasimhan t i g e n e t t i remember there’s a g before the end he hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a short monthly show devoted to getting over your fund-raising hartals just like non-profit radio, toni talks to leading thinkers, experts and cool people with great ideas. As one fan said, tony picks their brains and i don’t have to leave my office fund-raising fundamentals was recently dubbed the most helpful non-profit podcast you have ever heard. You can also join the conversation on facebook, where you can ask questions before or after the show. The guests are there, too. Get insider show alerts by email, tony tells you who’s on each week and always includes link so that you can contact guess directly. To sign up, visit the facebook page for tony martignetti dot com. Hi, this is claire meyerhoff from the plan giving agency. If you have big dreams but a small budget, you have a home at tony martignetti non-profit radio. Krauz hyre hopes could be with us next week for the three hundred fiftieth show as well. Jean takagi, listen, let’s, do the live listener love because we’re bursting here. Tampa, florida bronx, new york and if we got all five boroughs, we got multiple manhattan. We got bronx. We got staten island. Um, we have brooklyn where’s, queens, queens. Let us down. All right. We got four out of five and multiple said, multiple manhattan, woodbridge, new jersey. That’s not far. Laura, laura, laura, belinda, california live listen and love to all of you, but also to torrington, connecticut. I’ve been to torrington, that’s, a nice little town. I did some consulting there. Uh, social service agency. Torrington. And you have that that renovated theater right in downtown. I love that’s, very pretty. Minneapolis minnesota lives their love to you also new bern, north carolina and midlothian, virginia. Midlothian, midlothian live listen love. However you pronounce it let’s, go abroad. Not too many people abroad, nobody, nobody in asia, nobody at all in asia. This, i think, is the first show where there’s, nobody from asia. Wow. Okay, uh, they’ll be back. Uk? We can’t we can’t we see uk, united kingdom so we don’t know whether it’s whales or ireland or scotland or england we don’t know well, you’re in the uk so we always give always give you know you got to do the you got to recognize that there’s more than one country in the united kingdom, please and germany, good talk, live listen love all our livelong sinners on dh so of course, on the heels of that has got to be the podcast pleasantries because we’ve got over twelve thousand podcast listeners in the time shift. Thank you. Pleasantries to our podcast listeners, never forgetting them. And then, of course, the affiliate affections to our am and fm stations throughout the country. And by the way, i have four new stations to introduce next week on the three, fiftieth four brand new stations joining us throughout the country from new york, colorado to washington. I think porter stations but for the current stations listening today affections to our am and fm listeners. Thanks so much for being with us, everyone. Thank you, jean. Thank you for that indulgence. You know the thanks that you know the gratitude has got to go out, right? You know that? Absolutely. Thank you. Um okay. So let’s give a little shout out to ah, another. Another non-profit attorney ellis carter. She she she curates the charity lawyer blawg, cherry lawyer block. And you know, ellis carter. I did turn and she’s a wonderful person and a great attorney. Alice and i have had a chance to speak together and work together on the few occasions you’ve worked together too. Cool. All right. So on her block post going back, i think it’s two thousand nine there was one of her earlier poster, if not her very first post. She links to you while she mentions a bunch of your problem ideas. And i want to give a shout out to your block. Of course. Non-profit non-profit law block dot com where listeners can check out all your list of all ten because you did a post for this show, which actually you do that every week, which i always appreciate every time you’re on, you do opposed. So if you want to see the full list of jeans, go to non-profit loblaw dot com. But ellis carter has charity lawyer blawg and she’s got a couple on there. That i want to talk about, like micro managing staff are you are you comfortable talking about ellis carter’s board governance mistakes? Yeah, absolutely actually give credit to her. She came up with a list of ten, and then i just added a few more to to her list, and so she recaptured all fifteen together on her block, but she was the one who came up with micro managing staff and it’s a really important one because i think he probably seen it as well. Tony, where board members start to get involved and then go around the executive director and start to give directions to the staff. Yes, i have and creates all kinds of political trouble and reporting line trouble and yeah, yeah, but, you know, part of that can be the responsibility of the ceo to and blurring lines and, you know, having boardmember do things that maybe you’re not appropriate, like, you know, day to day tasks and things. Yeah, and so, you know, oftentimes when you, this is a kind of a growing pain for some non-profits as well, because when you’re on all volunteer non-profit organization, it is where the board members involved. With everything as well and and managing volunteers in that case. But once you start to grow up a little and have staff and haven’t executive director, the board members have to know to pull back and, you know, for one thing, boardmember should know that individually they have no inherent authority to do anything. They don’t have the authority to manage staff it’s only collectively as a board where they have authority officers like your executive director or your ceo perhaps might have the authority to give limited direction to the staff to ceo would obviously have have the ultimate authority there with respect to the staff, but just knowing where your boundaries are, it’s really important and from a liability standpoint, board members, if they start to mismanage, that could get hit with unemployment claim, which really makes up, i believe more than ninety percent of all directors and officers insurance claims our employment related and if they’re directed against boardmember themselves, and if you don’t have dino insurance boy, that that could be a huge problem for individual boardmember so they really have to be careful of that. Another one on ellis’s list is airing disagreements outside the board room and that reminds me of the very timely, like complaining about your attorney general to the new york times as an example, it just happened today airing disagreements outside the boardroom what’s the trouble there? Yeah, and obviously as a non-profit when you’re taking positions, you wantto have one position that you’re setting out to the public you don’t wantto have ah, divided ah statement that you’re giving to a public where some persons involved with the organization are on one side of an issue when other persons are other side of an issue and it looks to the public that the organization is poorly governed, poorly managed, and can’t even make up its mind on what its messages and therefore could jeopardize support. So aaron aaron, you know your disagreements outside of the boardroom, a really big problem for the organization in terms of its, you know, public relations, but also a huge, huge problem for the boards themselves because, you know, tony, if you and i were on the board together and we had a disagreement over a key issue on dh, we got a chance to discuss it, of course, when we go out you know, even if i may have disagreed with you and, you know, your side won, i’m going to be supportive of that. I might not say very much about it, but i’m definitely not going to say, well, i, you know, in in public that i disagreed with it because what happens if i start doing that is i’m a chill further board discussions, you know, if you don’t kick me out of the board for doing that, the board might find itself very, very leery of, you know, raising controversial points because you got this one person who’s going to be a blabber mouth and start teo, reframe everything and criticize you personally outside of the organization, a really big problem. The place for the robust discussion and disagreements is within the confines of the board meeting and maybe discussions that take place in committee or or even know our board members having back channel communications right privately on the phone or email, but publicly wait, where were we? Face-to-face we present one face yeah, and this along with your duty of loyalty to the organization as well, you’re supposed to act as a board member in the best interest of the organization. Not in your personal best interests. All right? Yeah. You don’t want to hurt the organization by by airing your grievances outside. Thank you very much. Looking forward to talking to you next week on the three. Fifty of jean? Yeah, i’m really looking forward to three. Fifty congratulations. Thank you so much, jane takagi you’ll find him at non-profit law block dot com and at g tak gt a k next week three fifty three five oh, how many times i have to say it, make sure you enter to win our giveaways post your most creative congrats with the hashtag non-profit medio three fifty can’t wait for that great fun! If you missed any part of today’s show, i beseech you, find it on tony martignetti dot com we’re sponsored by pursuant online tools for small and midsize non-profits data driven and technology enabled and by we be spelling supercool spelling bee fundraisers we b e spelling dot com our creative producers climb hyre half sam liebowitz is the line producer shows social media is by susan chavez and this fantastic cool music is by scott stein be with me next week for non-profit radio big non-profit ideas for the other ninety five percent go out and degree. Sametz buy-in what’s not to love about non-profit radio tony gets the best guests check this out from seth godin this’s the first revolution since tv nineteen fifty and henry ford nineteen twenty it’s the revolution of our lifetime here’s a smart, simple idea from craigslist founder craig newmark insights orn presentation or anything? People don’t really need the fancy stuff they need something which is simple and fast. When’s the best time to post on facebook facebook’s andrew noise nose at traffic is at an all time hyre on nine a, m or p m so that’s, when you should be posting your most meaningful post here’s aria finger ceo of do something dot or ge young people are not going to be involved in social change if it’s boring and they don’t see the impact of what they’re doing. So you got to make it fun and applicable to these young people look so otherwise a fifteen and sixteen year old they have better things to do if they have xbox, they have tv, they have their cell phones me dar is the founder of idealist took two or three years for foundation staff to sort of dane toe add an email address their card, it was like it was phone. This email thing is right and that’s, why should i give it away? Charles best founded donors choose dot or ge somehow they’ve gotten in touch kind of off line as it were and and no two exchanges of brownies and visits and physical gift. Mark echo is the founder and ceo of eco enterprises. You may be wearing his hoodies and shirts, tony, talk to him. Yeah, you know, i just i i’m a big believer that’s not what you make in life. It zoho, you know, tell you make people feel this is public radio host majora carter. Innovation is in the power of understanding that you don’t just put money on a situation expected to hell. You put money in a situation and invested and expect it to grow and savvy advice for success from eric sabiston. What separates those who achieve from those who do not is in direct proportion to one’s ability to ask others for help. The smartest experts and leading thinkers air on tony martignetti non-profit radio big non-profit ideas for the other ninety five percent.

Nonprofit Radio for May 19, 2017: Healthcare Funding Options & Leadership Options

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Chris Labbate: Healthcare Funding Options

You have options today! First, Chris Labbate walks us through fully insured; self funded; level funding & minimum premium, so you understand your choices paying for your employees’ health insurance. Chris is with Marsh & McLennan Agency.

 

 

Gene Takagi: Leadership Options

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Then, we talk leadership options with Gene Takagi, our legal contributor and principal of NEO, the Nonprofit & Exempt Organizations law group. Co-CEOs anyone? How about holacracy?

 


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Oh, hi there. Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent on your aptly named host this is show number three hundred forty, the three hundred fiftieth non-profit radio is going to be coming up it’s on july twenty eighth, three fifty music comedy special news i hope you’ll be with me for three fifty i’m sending spies special a pre show special live listener love to the fans of crystal a bat this insurance guy has a big fan base that this guy’s, a rock star who sells insurance live listener love to chris’s special live listeners, and i’m glad you’re with me. I’d suffer with my own militia if you try to soften me up with the idea that you missed today’s show health care funding options today is options day first, kriss la bat walks us through fully insured self-funding level funding and minimum premium. So you understand your choice is paying for your employees health insurance chris’s with marsh and mclennan agency and shared leadership options. We talked leadership options with jean takagi are legal contributor and principle of neo the non-profit and exempt organizations law group co ceos. Anyone? How about holacracy shared leadership on tony’s? Take two. My finger is still wagging, responsive by pursuant full service fund-raising data driven and technology enabled, you’ll raise more money pursuant dot com, and by we be spelling supercool spelling bee fundraisers. We be e spelling dot com for all his fans. And, of course, for everyone else. Here is crystal bat with health care funding options. My privilege to welcome chris lay back to the studio as regional executive vice president at marshall mclennan agency, chris is an authority on employee benefits, including customer driven health plans and alternative funding. He shares his expertise and twenty eight years of industry experience to help you see how innovative employee benefits and hr programs can lower your costs. The company is at mm a hyphen and e dot com crystal bat. Welcome to studio. Thank you, tony. Pleasure to be here. I’m glad you are. Thank you. Read your colleague last week. Mark. So you’re going to shine like mark shine did yes, i know you’re up to it. All right? So we are we’re talking about funding funding options for employee health. Let’s, let’s reassure listeners first, this is not going to be impacted by health care reform that may come or is not going to be impacted seriously, right? Yes, that’s that’s correct? Most likely, the funding options will stay the same. Okay? Because we really can’t predict what’s coming out of congress, but we don’t expect the general ideas around funding that you and i are going to talk about to be impact. Correct, okay. Right? We don’t make the show irrelevant in two weeks after. Okay. All right, so it turns out you don’t have to fully fund. I mean, i think probably the majority are ah, now i know you do have some stats, actually, but i’m thinking small and midsize non-profits probably most of them are just osili insured, fully insured, really insured plan. Correct, but you have options. Correct. So? So in a fully insured plan, you’re just paying a fixed monthly rate that the insurance carrier sets for your organization and if its profitable to them it’s profitable them. If it’s not profitable, they’re taking on the all the risk skin and losing out. Yeah, okay. They probably don’t lose out too often, though. I’m guessing they might lose one year, but they’re probably gonna lose two years in a row over the long term state business. They have to make profit. Okay. Exactly. All right, so i think pretty. Yeah. People are pretty accustomed to that. The fully fully insured and ah it’s easy it’s level payment, i mean, and you know exactly what to expect. Her employees have a set of benefits and it’s all easily defined and of course, insurance, company’s, managing it right. So we’re just talking about the financing of the benefit plans, right? So that’s, often transparent to the employees, don’t get involved with that. So the employer is just paying the fixed costs, and they’re all there are alternatives to the fully insured, called self-funding, which can be explored for more, most organizations, five employees on up. Ok, so even for the smallest organization, correct benny on the state. But, yes, okay, okay, cool. S so this is going to be impacted by state law. Also, correct, yes, all right. Um now, if we are, if we are self-funding then we’re taking on some risk, correct, you’re taking on a portion of the claims risk so that portion you’re going to fund as the claims come in, but what’s often misunderstood about self-funding is that there are insured components built into self-funding so it may not be at the same level that you have. You’re fully insured, fixed rate, right? But you do have insurance components to protect you. Two different suits to specific types. There’s ones called specific insurance to protect you against any one person having a claim over a certain amount. Okay, you decide is the employer and you purchased that coverage of twenty five thousand fifty thousand. If a claim hits that level, the insurance kicks in, and then the second is called aggregate insurance, which is protection that your total claims that going don’t go over certain amount. Okay? All right, so i got you. I got you so you can. There are some. Yes, there are some insurance protections built into self-funding. All right, now you do have some stats about, um um about what? What? The percentages are around. Who’s self-funding. And how it’s. Been changing since nineteen, ninety nine like percentage self-funding vs versus the full, fully, fully insured thank you write. So especially since health care reform has has kicked in there’s been a movement towards self-funding on dh that basically is benefiting employer groups that have a favorable risk of benefits around the country. They’re showing. About sixty one percent of covered workers that have health insurance through their employer are covered under some form of a self-funding plan. Yeah, well, okay, so almost two thirds correct under some form of self self-funding and that’s changed from nineteen, ninety nine that was forty four percent correct. A big change. Okay, okay, um, so if we’re if we’re going to consider this self-funding option, there are some different kinds of costs that we need to be aware of, correct. Right now, we’re just like we have about two minutes before break. So why don’t you just kind of tease out the idea of these different kinds of costs we have to be aware of? And then you’re not going to more detail. Perfect after right after that. So in general there’s, two categories of cost, you have your fixed costs that you’re paying on a monthly basis and you have your variable costs will be, which will be your claims costs as they come in. Ok, fixed, invariable. All right, we’re going to dive into that a little more. We take our break a minute and a half earlier, so and then kristen are going to keep talking, finding out what your options are around, maybe self-funding all are a part of your employee health stay with us, you’re tuned to non-profit radio tony martignetti also hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a quick ten minute burst of fund-raising insights published once a month. Tony’s guests are expert in crowdfunding, mobile giving event fund-raising direct mail and donor cultivation really all the fund-raising issues that make you wonder, am i doing this right? Is there a better way there is? Find the fund-raising fundamentals archive it. Tony martignetti dot com that’s marketmesuite n e t t i remember there’s a g before the end, thousands of listeners have subscribed on itunes. You can also learn maura, the chronicle website philanthropy dot com fund-raising fundamentals the better way welcome back to big non-profit ideas for the other ninety five percent with chris sabat when we’re talking about funding options for your employee health now, christine, you do not have lots of letters after your name. Last week we had i says that mention mark your colleague market lots of letters especially easy, like sees after name there’s all your where’s, all your credentials, they’re all just built into yourself. Yes. You know, i’ve been in industry since eighty nine, and i have my master’s in finance and marketing. I’m just really the experience in the industry on the benefits side. Okay, okay. Your bona fide? Yes. Okay. Okay. All right. So let’s. Now, zai promised diving a little more on these. Some of these costs that you have to think about taking on if you were goingto fundez self-funding fixed costs like like what? Like what? So the first fixed costs you would have is your cost to administer the plan. And typically you’re hiring an insurance carrier or a company. It looks like an insurance carrier called a third party administrator to perform all the tasks that that insurance carrier would under a fully insured plan. So paying claims customer service id cards for employees booklets. So from the employees perspective, if they don’t know what the funding is, it looks and feels like a fully insured plan to them. There’s no difference. Okay, so you’re outsourcing this administrative work. Exactly. No need for you to hire people to be doing this for you. Exactly. Cos that’ll do it for you. Yes, at a fraction of the cost of a fully insured plan. Okay. Okay. Um and the what? What else? Fixed costs. There’s this ways that now we now we get into some of the insurance coverage mentioned earlier, protecting us against a really unhealthy employer employee or or or or or aggregate. Go ahead. Absolutely. So so most companies that self-funding will have two types of insurance associated with their plan and their purchasing this protection. And the first is called specific insurance protection against anyone large claim going over a predetermined amount. And as the employees you, you picked that amount, whether it’s twenty five thousand, fifty thousand and as that amount goes up, the premium associating it kind of goes down exactly. Okay? And the second type of coverage is called aggregate insurance. And that’s protection that your total paid claims will not exceed a certain amount. Okay. And that’s, very inexpensive coverage. All right. And so these air part of your fixed costs that you’re going to be absorbing? Yes, if you’re if you’re exploring self-funding, you’ll get a monthly bill with your admin costs and your stoploss costs all printed out per employee, just like you get a fully insured premium bill. Okay, okay. On. And then you had the variable costs, which is basically what you’re going to be paying out for doctor visits. Right, etcetera. That right. Exactly. So the variable cost will be the claim’s paid out for your employee population covered under the plan. And in general, when you’re purchasing your stoploss insurance, the underwriter at the stoploss carrier will determine what they expect. Your claims to be given your employee population and then they’ll determine a maximum exposure. So if your claims go above this maximum amount, the insurance will kick in and cover it. Okay, that maximum exposure is usually set ten to twenty percent higher than your expected claims for your popular do-it-yourself kush. Exactly. Okay, exactly. Now, what about reserves in all this? I mean, if we’re going to be doing that, we have to have money set aside for the payment of claim. Exact. Exactly. So when you first go into self-funding plan in the first few months, you typically will not see any paid claims. Somebody goes to a doctor today. It doesn’t get reported two to three weeks from now when it gets paid. Okay, so there’s a cash flow advantage upfront going into a self funded plan, but on the back and if you ever terminate a self-funding plan, there’ll be claims coming into the third party administrator or the carrier that need to be paid based on service states prior to when you terminated, right? Right. That’s called run out or term a terminal liability. Okay, yeah, while you were self-funding toe at the end mean, you benefited in the beginning, right at the end. Claims are still going to be coming in as you exact your i guess. Or now fully insured. And you ended your your self-funding crackers. But but so that has to be a reserve fund, right? Don’t law must require something like you’ve gotta have ah dedicated account or something with the money. For the old yes, so typically a joint bank account set up with the third party administrator there paying claims out of this account when you had that crash flow advantage at the beginning of the program when your first during out self-funding we recommend that you just bank that money and that’s setting up the reserves for the event if it ever happens where you cancel the self-funding plan, okay? And how about knowing? Oh, well, i guess that goes into your expected cost. Me knowing how much to put into this reserve correcting for for a decent sized organization, i don’t know, like ten employees, i mean, could conceivably be half a million dollars or something. I mean, i’m just numbers don’t stop my head, right? You’re going to be more precise, you’re probably gonna say, well, it’s gonna depend on age, right and correct help histories, etcetera and it’s broken out by the underwriters on a monthly basis. So, you know, so when you get your stoploss coverage, they’ll give you a claims factor per employee per month. And that is how you calculate the number of employees times that claims factor gives you your exposure for the expected exclaims focus and that’s the amount that’s got to go in this dedicated reserve for typically yes, now you can’t you can’t be using this money for other purposes correct it, sze designated restricted or something for the self-funding plan? Yes, it should be air marks for the self-funding plants. He had the money available to pay their letting your employees down your absolute, obviously seriously. Okay. Okay. We don’t want people run operating that. Okay, um all right. So we’re talking a lot about self-funding what are what are some of the reasons you that non-profit might actually think about doing it? There’s some advantages? Yeah. There’s some big advantage associate with self-funding the first is there are a bunch of hidden taxes and fully insured plan. So under health care reform, there’s four four and a half percent in taxes that get attacked right onto a fully insured great. Okay, now, health care reform. Today on the day now, we’re recording couple weeks earlier, then this is going to air. So health care reform by that you mean the affordable care act? Correct? Or obamacare? Correct. Okay, not something that may be happening in congress in april of this year in may of this year is that right? That’s correct. So in the affordable care act, there’s a tax on non-profits that are any fully insured krauz any fully insured plan has attacks built into it that gets funded, the funds go right towards offsetting the cost of the affordable care act. Was it attacks on the amount of premium? You correct? Oh, interesting. Okay, right. Forty five percent you sent were correct and there’s also in some states and local taxes that get applied to fully insured plans. So when your self-funding you’re circumventing the state rules and some of these fully insured taxes at a federal level, yeah. Okay. All right. This one advantage. All right? What else are there? Other reasons it we have? Ah, younger, healthier group. You’re going to benefit because you’re paid claims will be much lower then expected or similar to expected. And then you’re paying less than you would under a fully insured plan now wouldn’t and ensure offering full insurance? Wouldn’t they be factoring in that you have a younger, healthier workforce. So health care reform change some of the factors that go in. They do account. For age coverage, tear with a single or family coverage if you’re a smoker or a nonsmoker, but generally you’re paid claims in a small group will not count towards calculating your rate. Wait a minute, we better impact that statement. Hold on, you’re paid claims in a given group will not will not what? I came here if you’re unaffiliated, if you’re in a fully insurance plan small group market? Yes, your claims do not drive your rates typically. Oh, they don’t correct because it’s the law of large numbers, they’re playing, they’re not going to base your rates on your claims. If you’re five people or ten people that’s what healthcare form actually did away with to try to stabilize the small group market just like those of us who are individuals, we go to the exchanges. It’s my premium is not at all based on my history could i mean, i think they might have asked if i’m a smoker. But that’s all yes, that’s one of the factors taken you okay? So we’re getting very small. So that’s at one end of the spectrum, tiny individual. I see what you’re saying. They’re all right there it applies to small groups as well. So i’ll give an example of you if you’re in a fully insured plan, you’re paying fixed rate every month and say your premium comes to one hundred thousand dollars a year. Okay, now, if you wanna self-funding plan, you’re paying your fixed costs, which might be twenty or thirty thousand will estimate and then there’s seventy thousand and projected claims what your claims only coming at ten thousand, you’re only paying ten thousand wonderful insure plan you pay the full hundred thousand still alright, so there’s an opportunity here for a new organization to engage in employee health, health, health and wellness, right? Yes, if you’re going to go fully every, i’m sorry if you’re goingto self-funding you can enjoy some benefits of every every, every two weeks, we have a five k run or, you know, whatever i say, right? I mean it’s perfect segway twenty foot that one of the next advantages. If you have an active wellness program where you’re engaging your employees and getting healthy, that can parlay into fewer claims and under self-funding plan, you benefit directly from that you’re not paying out claims on un employees that don’t go to the doctor. Okay? What size organization do we have to be? Or was it eliminated completely under affordable care act, where they would start looking at our claims history and our wellness programs? If we were going fully insured so it vary state by state eso it khun b fifty employees, one hundred employees and and more. All right, you have to be that size for them to start factoring in your individual act. Your program’s done. But i mean, you could have, like, smoking cessation. You could have, i don’t know. Organization provided fitbits and everybody’s got eight or ten thousand step daily minimum, right? You can have all kinds of programs to try to save yourself. Money. Those air, those air common wellness programs. There’s not innovative thinking, innovative now company and fried. It provided fifty. Now they’re doing that. Yes. Alright. I thought maybe i had some some great insights. Okay, um all right. So i just happened to be a big wellness fan so you could save some money if you doing self insurance. Self-funding self-funding i should say on and there’s a couple there’s. A couple more advantages. Get more transparency. You see, you’re paid claims were under fully insured arrangement. You typically do not especially smaller employers, so you don’t get to see the claims them all employers typically, we’ll not see their claims history because they’re not allowed or that usually carrier policy not to give out paid claims to smaller employers, especially if they’re rates aren’t dictated by plane. So that gives you the ability to better budget for future costs because you have all the information and it helps you design with plan design. So if you know people are over using the emergency room, you might up the co pan the emergency room copay and you might lower the copay on your urgent care centers or tele medicine to try to drive people with lower cost setting. Yes. Okay, so you could drive some behaviors. Okay. I could see that there’s one last one. It gives you the ability to not have to include state mandated benefits in your plan. And that’s, a big benefit for companies who have people across state lines because they can provide one seamless plan designed for all their employees. You say companies. But we non-profit organizations exactly. All right. So different. States have different mandated benefits, correct packages? Correct. Okay, i saw a bit of a little i mean, this is kind of interesting, well, privacy issue coming out of what you were just saying, if you’re self-funding you’re able to see claims history now you know who the unhealthy people are, right? Who’s got bad behaviors, etcetera mean, who wrecked a lot of so the reporting khun b done where’s d identified which just means you’re seeing general information, but it is if you have a smaller the company, you might be able to identify who those people are. S o typically you would want tohave an internal privacy policy, which which follows the hip national privacy standards with a privacy officer and a policy in place to protect that information and only have certain people buy-in certain people given access to the information within your organization. Ok, ok, that actually dovetails with what? What mark and i talked about last week levels of compartmentalization correct categorization, i believe he called. Okay, um, who typically would be looking at this data if we’re going self-funding who looks at this on a monthly basis so typically be somebody in hr maybe. Something in finance and it’s almost it’s, almost always d identified so you know, you’re not going to know who the people are, but they’re looking at it, just seeing what claims were being paid out and budget and future years, and then also the behaviours trying toe like you said, friends instance, if we see emergency rooms being overused, correct plan design, and then we could also just have meetings about listen, people, you know, you’re hurting our you’re hurting the organization by using the as your primary care or something like that, you know, you’re hurting. We’re trying to stay self-funding for for the these reasons because we think it’s better for you then than being fully insured. But you’re making it hard for us to do so right? Get a primary care physician. Yeah, you can have meetings about the right can you talk about? You can talk about that, you can have any things. And you, khun target wellness programs like you reference if you see your population has a history of high blood pressure or a lot of smokers, you can use that information to taylor educational program. Bring people in current, bring people in to talk about hypertension. Manage? Absolutely. Okay. Diabetic diabetes management? Yes. If people are having a lot of diabetes related issues. Okay. Okay. All right. So we still have some time left. What? My voice just cracked still. What? What happened? I asked you what else? What else could we talk about? Some of the some of the negatives with self-funding. So if you’re moving to a self funded arrangement, you have the variable cash outlay potential. So one month your claims can be very favorable. The next month you can have high claims. You do have those reinsurance caps built in protection. Stoploss is you’ve already examined all the jargon. I got tongue now, stoploss but you can still have some variants and some come organisations prefer the fixed costs associated with a fully insured plan. You know what you’re paying your budget for it and that’s your costs for the year where self-funding can vary over the course of twelve months. Okay, um, how does it work? This is a very basic question. But if you if you are self-funding, how does it work in terms of a network of hospitals and doctors? Have you that’s? Good cause. You choose what providers are available to your employees. So when when you hire the third party administrator or insurance carrier to administer the plan there, providing that service for you so you can hire a big insurance company and use their network, you’re renting their network to access those discounts. That’s part of the administrative fees it gets broken out into network rental fee utilization management, he gets into a very a lot, a lot of details broken out, focus. Okay, well, because you can use somebody’s network and not be insured by the exactly you’re taking the risk, you’re just using them to administer the plan. Roger. Okay, i say interesting. Okay, um, what else? We still got a few minutes left, so that zoho your disadvantages of having any of that was that was one big one. The other one is if you ever want to get out of self-funding you have that terminal liability. So if you say i’m canceling my self-funding plan today, you’ll have a couple months of claims to pay out. Still for claims that were incurred prior to your cancellation date. And at the same time, if you’re signing up for a fully insured plan, you’re paying the fully insured rates so it’s like a double payment for a few months to get out of this self-funding plan. I got to get to cool things. I got terminal liability and stoploss yes was going around saying, you sound like a genius, alright stoploss german labbate that’s a term reliability problem on dh that i could touch on to two other quick thing before you do, though dahna the terminal liability i mean, could that could that go on for years? I mean, suppose someone made a claim while you were still self-funding and then they continue to have related issues to that claim like so i don’t know what a surgery that went bad or something, and then years later, they’re still having, like following surgeries to that infection from when you were self-funding what good question so it’s driven by the nhk earl date of the claim? So if i go to a doctor today and i’m self-funding today, it gets paid dahna self-funding plan for that same condition if i go to the doctor next month and next month i’m under a fully insured plan gets paid by the flame. Shirt plan. Oh, so the general liabilities just the run out. They call it from the from the self-funding period when people went to the doctor during that plan here. All right, so it’s not considered like a pre existing condition. Correct? Where the now insurance company, because you’re fully insured kicks is going is going to kick it back to you from what? Your self-funding days doesn’t work like that. Correct? It does not. Does not. Okay. Okay. All right. That’s, some reliability thisyou xero everywhere you’re in our daily lives. Term liability stoploss okay, what else you got? I could do real quickly to other hybrid type products between fully insured and self-funding. So you have some combination once called level funding, and this gives you the fixed costs of a fully insured plan where you paint a rate every month for employees. But at the end of the year, if your claims are favorable, there’s the potential to get a refund of a portion of the terrible claims. Oh, so you benefit if if claims air. Good. Act. Okay. And if claims are are not good. You’ve paid your rate for the year and you walk away. Okay, well, that’s, because you have what you want had some stoploss coverage it’s all built into, like, a fully insured rate. So you have that fixed rate, and then if your claims are favorable there’s something called a settlement done at the end of the year, you know, if you would get money back, but there’s no potential. The additional dellaccio more correct. Okay. And then you have you said in which another hybrid? Yeah. There’s there’s one more call the minimum premium arrangement. And this is sort of like a fully insured rate, but you’re carving out the claims part of it and your funding the claims as they actually come in. So similar to level funded. But you don’t have the wait till the end of the year to get the benefit of favorable claim get, like month the month? Correct. Exactly. Well, okay, so there’s. A lot of issues to think about, and i guess way just have, like, a minute and a half left or so, but i guess this all comes down to risk tolerance. Exactly. Do you do? Do you want to just write off the wrist completely and give it to an insurance company? Or would you like to get some of the benefits of doing it yourself and maybe even having healthier employees? But you’re taking on some of that risk. Correct your risk tolerance and your ability to handle some cash flow changes from one month the month with self-funding and it really comes down to analyzing what would my costs be under a fully sure plan. Total costs. What may cost being herself funded plan at the maximum claims that’s where the stoploss carrier says you would not pay more than that. Yes, you’re a total costs on. Then what would your cost be under the expected where they expect your claims to be? Given your employee population and looking at those numbers will give you a good feel for where he should be. Okay. All right. Crystal bat. Andi. I demoted him because he’s, a crystal bat is a regional executive vice president at marshall mclennan agency. Okay. I wanna thank you very much, chris. Thank you. Tony called my pleasure. Coming up. We have jean takagi and shared leadership options. More options for you first. Pursuant, they’ve got a new webinar. Big surprise. It’s free designing experiences. That inspired donorsearch every brand elicits a feeling, you know this like think disney, starbucks, united airlines and each of your donors has an impression of your organization based on their experience and interactions with you with your brand. On thursday, may twenty fifth, you can join lutheran, our ministries, brad never ary and pursuance senior vice president hillary noon and learn how to create immersive experiences that inspire greater engagement from your donors and potential donors. Brad is going to share how lutheran our explored the journey of a key audience identified opportunities to improve on their experience with his brand, and they put in practice places that are goingto make measurable impact trying to make change. Of course, this will be archived if you can’t make the live session, but if you can, you register at pursuant dot com quick resource is and then webinars we’ll be spelling who needs to engage millennials? Maybe you’re bored has raised that as ah as a possibility or a need. Do you feel it’s important for your sustainability? Perhaps what you waiting for? We be spelling dotcom get started for pete’s sake. Hosta fund-raising spelling bee. This is not your seventh. Grade spelling bee. You know this. Check out the video at we b e spelling dot com and then talk to the ceo alex career. Set something up or just get more information. We be e spelling dot com. Now, time for tony’s. Take two. That damn finger is wagging again. Are you properly registered in each state where you solicit donations? You need to be listen to my admonishing tone. It’s not going to stop. Where are you sending e mails? Sending direct mail hosting events, maybe buying ad space. Do you have a donate? Now button that admonishing tony’s not going away. Each of these things is a solicitation, and it triggers the registration requirements. Charity registration. You need to get it done. I can help you. You could do-it-yourself. You need to be in compliance in each state where you are soliciting donations. My video is that tony martignetti dot com that is the admonishing tony’s. Take two live lesser love. I’ve got a ton here in the united states of america and not too much abroad. Really. So let’s, uh, let’s. Start here in the us of a with tampa, florida. Very loyal, lifeless and live. Out to you special tampa. You’ve been with us for a long, long time. Woodridge in new jersey, swan’s borrow north carolina, new york, new york and brooklyn. New york really got two out of three borrows this week last week. Course we had all five. But brooklyn. I’m glad you’re with us. Manhattan. Thank you so much, but gives he with that westchester that’s. Not bad. North of the city. Poughkeepsie live. Listen, i’d love to you also, white plains neighbors in westchester live. Listen level so to newjersey caldwell, new jersey, hackensack, new jersey. Still no altum pandu jersey, where my mom and dad are sitting right now. Uh, moving ah! Moving way down south san marcos, texas live. Listen, love out to you, san marcos on then coming back to the northeast, stratford, connecticut were all over except on the west coast. I know what west coast person who’s listening but he’s on the line so it doesn’t count. Not this week. And let’s do germany got to live listeners in germany? We cannot see your they’re so concerned about privacy in europe we cannot see your cities in germany nonetheless live. Listen, love guten tag the podcast pleasantries. They got to go, you know that you’re tired of me saying it, but i’m not going to stop the podcast. Pleasantries have to go out to the over twelve thousand, listening in that method pleasantries to you. Thank you for being with us on your schedule on demand, and the affiliate affections were looking to grow that affiliate list. Our outreach director, belly, betty mcardle belly. No, she’s. Not ever. Billy. Betty mcardle is working on that. But for the effect for the affiliate stations that exist right now. Of course i am. And fm stations affections to you. So glad that you’re station includes us on your schedule. Thank you. Jean takagi is with us waiting patiently. He’s the one i was alluding to, um and he is the managing attorney of neo the non-profit and exempt organizations law group in san francisco. He edits the wildly popular non-profit low block dot com and he’s the american bar association’s twenty sixteen outstanding non-profit lawyer he’s at g tack on twitter and i believe he’s calling from an airport. Welcome back, jean takagi. Hi, tony. How are you? I’m very good. Very well, are you, in fact, in an airport? Is that what happened? I’m now at an airport hotel. A little bit better. Okay, where are you? What city you’re in? I’m in los angeles, los angeles. So that’s not far from you for san francisco. Okay. Okay. S a little background noise. I kind of like that. Mixes things up a little bit. Um, if anybody gets difficult while you’re on the phone, you know if you have to drop the phone, you know, and fight somebody off, just explain what you’re doing first before you just dropped the phone. Okay, i’ll make sure i hold them off, ok? All right, well, do what you have to do but inform me first that’s the first your safety is secondary to informing me that’s what? I’m that’s basically, what i’m saying, it makes understood, ok, thank you very much for that. So we’re talking about some shared leadership options. Um what? What brought this to your attention? You know, shared leadership has kind of been a little bit of a hot button issue recently amongst non-profits that are thinking of more equitable practices and in attracting younger people. Millennials, you might refer to the you know, to that group and say that they may not be is ingrained with the hierarchical structure that those of our generation tony, maybe comfortable within used to, and they’re really wanting tio have more of a say early on in their careers, so, you know, shared leadership issues, all sorts of forms are really starting tio to take hold in some practice on dh starting t gain in more popularity so are you seeing this? I guess mostly then in organisations where the leadership is thirtysomething or so well, you’re seeing it from from a lot of younger people, for sure. So living in the san francisco bay area in with silicon valley nearby, and this is not just a non-profit management or organizational structure, this is started in the for-profit world in this sort of spread into some non-profits but yeah, it’s a lot of younger tech companies, like suppose that that sort of kicked it, kicked it off some of experimented with it and left it like medium, but one of my organization that i’m on the board of a compass point non-profit services also experimented with holacracy and while it isn’t continuing in a whole keeping the whole model, we’re keeping aspect of it because you feel it’s really valuable. Okay, now i’m not going to put you in jargon jail because i know we are going to talk about holacracy but you just try to slide by me, and i want you to know that i’m quicker than you. So i i noted it, but you’re you’re you’re pardoned thiss time because where i know we’re going to talk about holacracy alright, so so sort of following from what you’re suggesting i can see the advantages there’s empowerment, there’s, there’s, there’s shared, there’s shared buy-in and empowerment of others. Yeah, and i think that works for leadership development with the team more people having more voices, teo impact what’s happening with the organization, what they’re doing, they become more interested in it that probably helps in recruitment and retention. It helps internal communication and collaboration, and it i think, necessitates cross training because you’re talking and trying to understand what your little part of the organization, how it may impact every other part of your if you’re one of the decision makers, are you’re making decisions as a group? You got to know the other three other parts of the the organization how your decisions are going to impact them. Yeah, i can see that this is not something you embark on overnight, right? Especially in the need for cross training and understanding. What’s going on across the crust of our organization for the thing people are going to be sharing in leadership now. Yeah, absolutely. The other, you know, benefit that has some people. Have been writing about it lately than it actually helps facilitate and succession planning. So we have more people who maybe pull, you know, in the pool of candidates to take over for for a ceo or an executive director. That maybe leaving the organization? Yes. Okay, that’s a good one, right succession plan. We’ve talked about that. Uh, ok, alright. See cem value. Um, but i see some potential downsides to this is going to be a lot more cumbersome for decision making. Yeah. I mean, you can imagine when you have too many chefs in the kitchen. I guess it is the metaphor analogy that people make on dh. So yeah, definitely neo-sage delayed decision making and that khun delay implementation of ideas. So you’re kind of the slow ship that takes forever to turn around. It can result in inefficiencies, and then you may lose opportunities, not acting’s. Quick enough cause confusion at the start. A cz you’re trying to figure out, you know, who’s accountable. How how do we, you know, make a decision? What if we’re split for? For what? If we start tio a form cliques within our organization and then we start to battle or engage in disputes with other factions of the organization. So their their potential bound falls that you have to actually really account for careful. Yeah, potential for open conflict. I mean, one of the things we’re going to talk about his co ceos and, ah, i mean, if the two people don’t agree. I don’t know. Yeah, get factions and jesus, you could start running like our white house. I don’t know. Okay, we’re gonna get to co ceos. All right, um, let’s. See? Well, we may as well go there. Um, what air you saying? Have you seen this? Have you have you seen this one in practice, where there were two ceos? Maybe any of your clients execute this? I mean, i’m just i’m just wondering if you’ve seen it firsthand co ceos, yeah, way have so definitely on. And i think this is actually becoming more of a trend, and i’ve seen it more in the nonprofit sector have limited exposure to for-profit sense since since i left that that world but i think you know, times are getting much more complicated. Management has also become much, much more complicated with, you know, technology changes non-profits are exploring earned income and advocacy and collaborations and employees laws are changing and then non-profit corporate and tax laws are ever changing, and right now there there’s some big, big changes that are planned, of course, on dh. So with all of that complexity, can one person really be the leader through the organization understand all of those those factors and be ableto lead the organization through all of it and that’s kind of why there’s been a little bit of a draw forming co ceos and succession planning is the other thing is, i think there’s supposed to be a huge turnover of executive lake leadership is the baby boomers are starting to age out of their employment, and they’re starting to retire on dh succession is, uh, is a problem if we don’t have adequately trained and experienced people in those roles, and coke co ceo platform’s can really help ease that problem. Ok, but with with all those issues that you mentioned for leaders to deal with, i’m not even sure that to people with their combined skills could manage, you know, can understand all that in the level of depth that that’s necessary. I don’t know, i’m not even sure two people could do it, so yeah, ee don’t know that i’ve ever seen three tio, no, but i’m just wondering if if i’m not sure to really adds that in my sense of it, too doesn’t really add that much more value. You could say it doubles, but i’m not even sure that’s enough, so if if i’m right, then why not just stick with one who has a strong team of people directly reporting to him or her it’s an interesting argument, tony, and indefinitely the single ceo structure is the one that were more comfortable with and probably the one that’s going to teach comin in for a long time still. But first, for some organizations, experimenting with two ceo structures can work out. And i think where we’ve seen this practically is where the two leaders share kind of a long term relationship, so they’ve already comfortable with how they work on dh, how they would make decisions together hyre the areas of responsibility, maybe divided so that one person has final decision making over these fears of the operation and the other one over other spheres, and sometimes, you know, in a very simplistic way, some people just refer to it is the internal management and the external management. Yeah, okay, some of that makes me makes me think of mika brzezinski and joe scarborough. I don’t know, okay, all right, let’s go out for a break and when we come back, jean, i’m going to keep talking about the shared leadership options. Stay with us. Like what you’re hearing a non-profit radio tony’s got more on youtube, you’ll find clips from stand up comedy tv spots and exclusive interviews catch guests like seth gordon, craig newmark, the founder of craigslist marquis of eco enterprises, charles best from donors choose dot org’s aria finger do something that worked and they only levine from new york universities heimans center on philanthropy, tony tweets to he finds the best content from the most knowledgeable, interesting people in and around non-profits to share on his stream. If you have valuable info, he wants to re tweet you during the show. You can join the conversation on twitter using hashtag non-profit radio twitter is an easy way to reach tony he’s at tony martignetti narasimhan t i g e n e t t i remember there’s a g before the end he hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a short monthly show devoted to getting over your fund-raising hartals just like non-profit radio, toni talks to leading thinkers, experts and cool people with great ideas. As one fan said, tony picks their brains and i don’t have to leave my office fund-raising fundamentals was recently dubbed the most helpful non-profit podcast you have ever heard, you can also join the conversation on facebook, where you can ask questions before or after the show. The guests were there, too. Get insider show alerts by email, tony tells you who’s on each week and always includes link so that you can contact guess directly. To sign up, visit the facebook page for tony martignetti dot com. I’m peter shankman, author of zombie loyalists, and you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. Welcome back to big non-profit ideas for the other ninety five percent um, jean, i’m thinking this is goingto take some time to to implement and, uh, before you start to reap benefits from it, if you if you do it’s not you, you’re not going to see this immediately. The advantages? Yeah, you know, i think it’s going to take an investment on depending upon what level of shared leadership you’re talking about co ceos is probably the a fairly simple level, relatively speaking of shared leadership, but yeah, it’s going to require an investment, it may take a failure, teo, actually get it going the way you want it. So there’s definitely a lot of learning. It relies on it, you know, having a shared vision and common values amongst the shared leaders on if you don’t have that established, you really shouldn’t do this. You have to be careful of the amount of money, time and other resource is that you’re going to have to invest because that’s all got to be budgeted in if you don’t incubated and invested and nurture it, it means it’s probably not going to work. We’re also gonna need a lot. Of patients among our staff. Yeah, yeah, i think that’s absolutely, absolutely right. You run the risk of having that go to mom, go to pop kind of run things, right? Good cop, bad cop. Yes, right. Somebody’s, thie other ones said this, but i said no. So i’m coming to you, right? Right? You got to beat that stuff down. All right? Interesting let’s go to one that i want to make sure we spend enough time on this. To me, it sounds like anarchy, but you’ve said your organization you’re on the board of is doing some of this. The pro you call it program autonomy is what is that? So the general idea and they’re different forms of this, but this this is on the other end of the spectrum of complexity. So this is a complex form of shared leadership where each program or each division oven organization is fairly autonomous, so doesn’t all rely upon going to the ceo on the ceo makes the final decision. Each group within the organization which might be divided into programs, will make their own decisions now don’t know, probably be working with the budget that’s been approved by the board on then segregated out into the different programs. So they know what the operating rules are within within their group. But figuring out how to distribute the leadership and that’s the one of the buzzwords, sum, sum. Avoiding drug in jail again, it’s. Really just distributing the leadership amongst the different programs or the different groups within the organization and there’s. One particular type of model that i mentioned earlier, which i should have waited until we got to this segment. That’s called holacracy on dh. That is a particular form of distributed leadership, where the different groups that that are taking on these local decision making authority rolls are called circles. No, james, no, jane. Yeah. Can you still hear me? Yes, i hear you. Okay, last thing we heard you say was holacracy is made up of circles, but you need to explain. Yeah, so you know, generally the way holacracy works is so it’s a form of program autonomy, although again, the circles or self managed groups don’t necessarily have to be divided into a program that could be divided into function. So there might be one for fund-raising for service delivery, for grants, for events, for public communications. So however, you decide you want to divide up the circles, it’s going to be an iterative process where you’re always modifying it. So every month you’re going to consider whether you should have the same circles or different circles, and each individual is actually going to take a role with multiple circles, and in some cases they’ll be the leader of a circle that’s going to help decision making and help facilitate that circle or that group of individuals within that circle to make a decision. And in other circles they may not be see that that leader on dh, so they’ll just be part of the group that makes the decision making, and they might be on three or four, five circles depending upon what their skills are. All right, this is anarchy to me, but you’re saying it works a compass point, it weaves we’ve tried it for maybe a year and a half, and we’ve decided to modify it so we’re keeping aspects of it. But we’re not keeping the whole thing, so you’re anarchists of anarchy. You can’t even follow the anarchic model of program autonomy. Okay, well non-profits pride themselves on their ability to experiment and hopefully do yes, alright, yeah. So who is but who’s orchestrating the overall? I mean, there’s got to be, doesn’t there? Well, i’m i’m answering my question, but better ask it as a question, doesn’t there need to be one or maybe two people if the co ceos overseeing the coordination of all these pola craddick circles yeah, there, you know, so it’s it’s, largely governed by two principles, one is you’ve got the law on the latto has the board of directors on top of the organizational hierarchy and does require a ceo in most states, or or a president that that’s going to be ultimately in. Charge however, they’re going to be a set of rules and systems, and this has to be very transparent and holacracy so you’re not leaving everybody to go. I don’t know who to go, teo, you know, maybe i’ll ask this person so in holacracy there’s a large set of rules that everybody knows and everybody has to abide by, including the ceo and that’s where how the different relationships between the circles are all codified and how the decision making goes from one circle to another. But ultimately again, it would be a non non-profit corporations you have a board of directors and ceo have to oversee the whole thing and can decide how to modify accordingly. Okay, maybe something for listeners toe look at program autonomy, let’s say i wanted to jump to the most complex one because i want to make sure enough time sometimes our talk at the end, our topics at the end get cut off a little bit. I don’t want that to happen with program autonomy and the holacracy pola craddick circles still feels very crystal lee to me, i don’t know dahna all right, let’s, go to we just have about two. Minutes left explain how the ceo and the board might be the leadership share well for small organizations that particularly all volunteer organizations it’s usually all hands on deck, right? The board is completely active in running the programs of the organization as well as just doing their regular board duty. So, you know, you got the ceo because somebody has to be ceo of a corporation that might be called president or chair of the board, but somebody has got to be identified in that way, and what their decision making authority is going to be will depend upon what the board wants to give to that position, but board make decisions board takes actions on lee at meetings or by written consent, so whenever individuals are actually running programs, they’re not running them as board members. They’re running them of volunteers with certain delegated authority. And what the board has to really be careful of is that they’re making sure that they’re delegating authority for somebody to run an event or somebody to run a specific program there delegating with due care, meaning that they’re not quitting somebody who would be totally unqualified and in experience latto lead. Something of importance to the organization because if it is, gets into trouble, you know, the board could be held for violating the produce very duty’s not exercising reasonable care in making that delegation, and they can’t just say, well, that was another board members, i couldn’t tell them what to do. That’s not the case. Yeah, yeah. Ok, i see. I see i see a greater responsibility and risk for for the board under this one, but it makes sense. I mean, they’re taking a more active role in the leadership of the organization. That’s, right? So that’s, that’s very much shared leadership where all board members see themselves as equal, but when they’re exercising roles that are different from meeting at boards and taking actions like approving contracts are approving, you know, the by-laws there acting as volunteers, so they have to realize that they’re wearing a different hat and the authority has to be properly delegated. We’re gonna leave it there. Jim takagi from ah hotel in los angeles managing attorney of neo and you’ll find him at g tak neos, the non-profit and exempt organizations law group. Thanks so much, gene. Thanks. Have a great day. I pleasure. Thank you. Next week, diane lettered returns with your grants team in and out. If you missed any part of today’s show, i’d be seat. You find it on tony martignetti dot com, responsive by pursuing online tools for small and midsize non-profits data driven and technology enabled, and by we be spelling supercool spelling bee fundraisers, we b e spelling, dot com, our creative producers, claire meyerhoff. Sam liebowitz is the line producer. Betty mcardle is our am and fm outreach director. The show’s social media is by susan chavez, and this cool music is by scots. Time you with me next week for non-profit radio big non-profit ideas for the other ninety five percent go out and be great. What’s not to love about non-profit radio tony gets the best guests check this out from seth godin this’s the first revolution since tv nineteen fifty and henry ford nineteen twenty it’s the revolution of our lifetime here’s a smart, simple idea from craigslist founder craig newmark insights orn presentation or anything? People don’t really need the fancy stuff they need something which is simple and fast. When’s the best time to post on facebook facebook’s andrew noise nose at traffic is at an all time hyre on nine a, m or p m so that’s, when you should be posting your most meaningful post here’s aria finger ceo of do something dot or ge young people are not going to be involved in social change if it’s boring and they don’t see the impact of what they’re doing. So you got to make it fun and applicable to these young people look so otherwise a fifteen and sixteen year old they have better things to do if they have xbox, they have tv, they have their cell phones me dar is the founder of idealist took two or three years for foundation staff to sort of dane toe add an email address their card, it was like it was phone. This email thing is fired-up that’s, why should i give it away? Charles best founded donors choose dot or ge somehow they’ve gotten in touch kind of off line as it were and and no two exchanges of brownies and visits and physical gift mark echo is the founder and ceo of eco enterprises. You may be wearing his hoodies and shirts. Tony talked to him. Yeah, you know, i just i’m a big believer that’s, not what you make in life. It zoho, you know, tell you make people feel this is public radio host majora carter. Innovation is in the power of understanding that you don’t just put money on a situation expected to hell. You put money in a situation and invested and expected to grow and savvy advice for success from eric sabiston. What separates those who achieve from those who do not is in direct proportion to one’s ability to ask others for help. The smartest experts and leading thinkers air on tony martignetti non-profit radio big non-profit ideas for the other ninety five percent.

Nonprofit Radio for February 24, 2017: Your Online Approach Plan & Crowdfunding Law

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Tulani Elisa, Amanda Heidtke & Dottie Hodges: Your Online Approach Plan

Tulani Elisa, Amanda Heidtke & Dottie Hodges
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If you want to reach and engage effectively online, you have to plan. What’s the leadership role? How do you get buy-in? What about those who stray from your agreed goals? Tulani Elisa is with Threespot. Dottie Hodges and Amanda Heidtke are from Hodges Consulting. We talked at the 2014 Nonprofit Technology Conference. (Originally aired September 12, 2014)

 

 

 

Gene Takagi: Crowdfunding Law

If you’re raising money on one of these sites, do you need to register under state solicitation laws? Is it OK to give a gift in exchange for the donation? Can you raise money for an individual? Lots of issues for you, explained by our crack legal contributor, Gene Takagi, principal of NEO, the Nonprofit & Exempt Organizations law group.

 

 


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Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent on your aptly named host we have a new affiliate station w m n b one oh, seven point one north adams, massachusetts hello northwest mass the call letters stand for western mass northern berkshire. You don’t see that very much with koehler’s actually stand for something, and they these call that it belonged to the original am station in north adams going back to nineteen forty seven what the world was like then non-profit airs tuesdays at nine a m w m n b welcome to the non-profit radio community. So glad to have you with us so glad, in fact, that i’d suffer the embarrassment of knocked old human yuria. If you let me down with the idea that you missed today’s show you’re online approach plan. If you want to reach and engage effectively online, you have to plan what’s the leadership role. How do you get buy-in? What about those who stray from your agreed goals? Tulani elisa is with threespot daddy hodges and amanda heidtke e r from hodges consulting. We talked at the twenty fourteen non-profit technology. Conference and this originally aired september twelfth, twenty fourteen and crowdfunding law, if you’re raising money on one of these sites, do you need to register under state solicitation laws? Is it okay to give a gift in exchange for the donations? Can you raise money for an individual? Lots of issues for you, explained by our crack legal contributor, jean takagi principle of neo the non-profit and exempt organizations law group i told you, take two sincerity and my hair. We’re sponsored by pursuant full service fund-raising data driven and technology enabled, you’ll raise more money pursuant dot com and by we be spelling supercool spelling bee fundraisers we b e spelling dot com here’s a panel of three smart ladies on your online approach plan. Welcome to tony martignetti non-profit radio coverage of ntcdinosaur non-profit technology conference two thousand fourteen we’re at the marriott hotel, the marriott wardman hotel in washington, d c and with me now are tulani elisa, daddy hodges and amanda heidtke e tulani is social media manager for threespot daddy hodges is president of hodges consulting and amanda high key is director of digital strategy at hodges consulting. Welcome, ladies have all three of you your your workshop topic. His strategy is not a four letter word how setting a plan for your online approach reaps rewards tulani let’s still you’re closest to me let’s start what what do you, uh, at threespot? What do you think? Some of the shortcomings are that not necessarily at threespot, but that that non-profits generally are not strategic enough about what should they be doing? A lot better? You think so at threespot we design websites and make social media strategies analytic strategies in digital strategies for non-profits for ngos, for government organizations. So that’s what we deal with all the time. Ah, a lot of the time, what happens is non-profits think we need to do social and then they don’t think we should happen approach. We should make sure to go about it the right way. We should do some pre planning, they just kind of want to get into the space because it’s so fast moving fast paced on, always changing. So a lot of what kind of we are going to be talking about her panel is really you know how a digital strategy could play out things like social media? Eah, or website design or any kind of approach that you have online. So a lot of times, it’s the kind of leap without really knowing what snacks in. So we want to talk about what you do before you leave. Daddy. I imagine you see much the same thing at hodges consulting. We do. And you know, i think tulani is reference to what we call shiny object syndrome is one of the biggest players. Also kind of the collective sense of, you know, we’re looking at things from a organizations perspective. You know, our program work our mission. How were structured as an organization, the content we produce. But we find increasingly organizations need a little help and seeing it from sort of an outside perspective in terms of who are we trying to reach you? Our target audience is what are they looking for? And then what do we want them to do? What’s what? The engagement components that we want them to accomplish. And so having that sort of step back first really helped productive strategy gain results in the end, that shiny object syndrome you mentioned. What are some of those shiny objects that you see, clients? Reaching for you name a twitter blogger, we would read it. I mean, just last twenty sites. Yeah, we want this amazing he website that does everything from soup to nuts and really what they want to do is find out what that target audiences that will reach their mission will reach and do that thing, not try to be everybody’s everything not trying to be the website that gets thie program directors needs met the executive director’s needs met the needs of the membership services department, but rather figure out what the organization’s mission is and how they can leverage that website or that social media project and used it to get that message out, which is what the audience wants, not necessarily with the organization thinks s so we should be thinking about what our constituents are on doll in all their different varieties what their needs are everybody everybody’s nodding? Yeah, definitely really important for organizations to stop thinking like organizations and more like their constituents and and thinking about what they want to hear and the people that are looking at there. So so the media pages or their blogger, their website and what really connect. With them. And you can do that easily through doing audience research through, you know, going through and seeing you know what posts and what content is really working, resonating with people. What are they engaging with and and what’s not working? And how do we change that? And you can also really look at the landscape and look at your peers and say, okay, what are they doing that we’re not doing that’s working, you know, and it’s? So much of it is really, you know, taking what you see with your own stuff, taking what you see from people that have the, you know, the best in class work and saying, ok, this is working for them. How can we, you know, do that for our own selves? Actually could even go so far as to be sharing their content that you see doing well. Let’s, let’s give a shout out to our our colleagues over at whatever the other organization is that for? For sharing this mean, or, you know, whatever exactly it could be sharing content on dh using, you know, third party content is always a good way. Teo, you know, get people to show. That you’re a thought leader, and to show that you’re someone that really, you know, knows what’s going on because you’re observing other people in the space and it’s also a good way, you know, most people that are in design and articulation, you know, you’re stealing from everywhere, you know, and and then you’re you’re making that into something that works for you and that’s, okay? Because what you’re doing is is kind of making, showing that you understand what’s happening because you’re actually going back, creating your strategy and saying, oh, they did this, how can we work that into our goal of, you know, fund-raising how can we work that to our goal of awareness? So really, you know, yes, very party content, but also really using those things up for your own and making that your own as well to fit into your strategy? Okay, daddy, how are we going to get started in being more strategic and invoking the bomb? I’ll tell you what, it’s, not for start there. Uh, it’s, not panic. It’s, not panic central and i think a lot of organizations look at the different challenges or the different needs or perceived needs of the organization and and have a little bit of that panic moment. How do we start? How do we begin to know what to do? First, what tactic to pursue and so are you approach essentially is to say, we’re going to take a step back and look across the organization collectively, this is the key word right and agree upon what our goals and objectives are as an organization are our priorities to dr membership, which is okay, you know, let’s agree that that’s call it what it is and agree that that’s the case, is it advocacy, direct actions or some combination and getting everyone collectively to head nod in the same direction about those goals and objectives to then say, okay for that objective, let’s look at our audiences and do the research tulani is talking about to then roll out, and we could talk a little bit more the later stages, but i want to actually have a man to talk a little bit about, you know, sort of getting those heads nodding in the right direction and how that happened. Well, now, that’s the critical piece, okay, i know you’re president of hodges. Consulting, but i’m the host of tony martignetti you do what you like way are going to get that because actually i want to deal with the how twos we don’t want only be at the theoretical devil, right? But i do want to ask you a question about leadership if we’re going to get all these people seated around the table and ultimately, which could be a bit of a process like, but ultimately agreeing, we’re gonna have to have leadership heimans buy-in to this to this process, absolutely leadership engagement is critical, and that might be at the executive director level. It might even be the board involvement in some cases, depending on how the organization works but making sure that there’s a team assembled. We call it a core team that is generally a smaller group that has the authority and autonomy to drive the process because we want leadership engage, but we also don’t want leadership to get so involved in the granular pieces, let’s say we move forward with a website redesign, and we’re talking about those very particular components. We want that core team that have the authority to move the project forward and then engage others in the organization as appropriate, you know, external audience research, whatever it is, but that engagement of the leadership, the organization is critical to move the project forward and what’s also important with leadership. A lot of times you’ll see it’s that non-profit is really getting them to buy into that strategy like you were saying, so having them understand, you know, this strategy is going to help us reach this goal or this is, you know, this is what the r o is going to be. This is the return on investment that we’re going to get out of doing this out of, you know, making our website better or having a blogger doing that kind of thing and then showing them those results afterwards. So a really important part is to set metrics and to have analytics and to say, you know, we want to do this. We don’t want to put out this picture just hits a pretty picture of something we want to do this because we know this picture is going to get a decent amount of shares that’s goingto connect to more people, that’s going to get us more donations, so so really, like daddy was saying not being too granular, but showing them the bigger picture of, you know, here’s what we can get out of this, you know? And i would add it’s not even just getting their buy-in but it’s getting them to stay focused on what the goal of the project is, whether it’s a website redesign or a social media campaign, having served for eight years as the director of online operations, that trout unlimited, which is a large, large non-profit that has chapters and councils all across the country as well as the national office, and they all want to work in concert together and leverage digital media, getting everyone in the room together to pick a few key goals and then too, pursue a project with that premise so that every decision that you make along the way happens with the vision of these are the goals were trying to meet. And when you’re making a decision along the way, it has to meet that metric and that goal because it’s, very easy for non-profits internally, too have shiny object syndrome, but past that, too also change their mind midstream mid project about what? The goal of it is about it’s, horrible and it’s rampant. I find that having worked on the other side of the table worked for a nonprofit for so long, it was very hard to keep everybody who needed to be have that by and focused along the way as to what the end goal really is. You’re tuned to non-profit radio. Tony martignetti also hosts a podcast after the chronicle of philanthropy fund-raising fundamentals is a quick ten minute burst of fund-raising insights published once a month. Tony’s guests are expert in crowdfunding, mobile giving event fund-raising direct mail and donor cultivation. Really all the fund-raising issues that make you wonder, am i doing this right? Is there a better way there is? Find the fund-raising fundamentals archive it. Tony martignetti dot com that’s marketmesuite n e t t i remember there’s a g before the end, thousands of listeners have subscribed on itunes. You can also learn maura, the chronicle website philanthropy dot com fund-raising fundamentals the better way so before we even get to what? What? What daddy was urging. I turned you to turn to you for and we will. We’ll suggesting it was it was an admonition. It was actually morning on admonishing me. I i that’s how i took it. He’s always talking about i am a leo. Ok, i see. I see my perception was not unbiased. On based what? Okay, so before we get to that, but what? What do you do when the cats start to stray and different different or teams within the organization start? Tio dahna convert the goal. Onda work. You know, i think converting the goal in the work actually is okay. As long as everyone is going to agree at the same time that the kitten, the herd of kittens, is moving in a show and it’s all justifiable on organizational basis across all departments, not just from our perspective in our department. Absolute. What do you do when somebody starts to stray? Well, well, i love having the key mission, and i love having the metric decision. So one of my favorite components of any strategic task is to have the metrics by which you’re going to gauge if it’s being successful and that does help keep the organization on task, because if you’re all looking to get the same piece of data and the same result, what the result is from it, you can kind of keep people focused on heading down that path. The trick comes in when your goals aren’t clear enoughto have a metric to follow it up by, and so making sure that your goals are very your tactics have very specific goals and that the actions you’re going to take to reach those goals are very well defined and that’s the strategy that a lot of non-profits don’t they? Don’ts don’t put their heads around what those tasks and components look like and understanding what those are before you dive down into a any project is critical to the success of that project. Give me an example of what you just said take it from from your own background or ah hodges, consulting client, whichever you like. Sure so from my own background, trying limited recently did a very large website redesign and by large, i mean, they scrapped the old site and started afresh on dh, perhaps the best. Example i have of that is the decision that was the website school going to be specific to growing the membership? Or was the websites gold going to be specific to growing? Engagement? Peer-to-peer engagement and the gold changed throughout the life of the project. So as a website redesign was commencing, the goals went from, are we going to simply grow our membership uses to drive increased donations through a membership drive to you know, really, what we actually want to do is create this peer-to-peer network of of people across the country who are engaged in our mission and offer them a place to do that electronically, digitally, through a website. And so it was a subtle shift in focus. Now, ultimately, i believe the organization was it was right, because the by creating that peer-to-peer network, you will in fact grow the membership it’s a different timeline, the tactics that you would take to grow the membership if that was simply your sole goal, are much different than the tactics we would take if your goal is to create a social network on buildup. Peer-to-peer right? And, you know, you kind of also asked a kind of not give credit, but understand that things in the digital, especially social media but all digital space are changing so much and so quickly, and people are doing so many different things that situations where people lose track of what their goal was or what they were going towards can happen so quickly, you know, you see a competitor, you see someone that, you know, your organs, they should admires, and they’re doing something that wasn’t in your strategy and you’re like, well, maybe we should be doing that, or maybe, you know, and everyone gets that not just the pang of envy, but that paying of, like, we’re missing out, we should be doing this, we’re behind where this and that’s, what the digital space kind of makes you feel like and so, as amanda was saying, you know, when you’re able to say, ok, we see this we’re taking account, how do we put that into our strategy? And also, how are we willing to hurt these cats in this direction? So that it saying, okay, we have to acknowledge that maybe this is it isn’t something that we thought about from the beginning, but it’s something that we can do we can work with because we still have that base, that strategy, you know, that the key words, the ideas that were following being being flexible, working within your, especially when non-profits work within the different programs of the organization to find ways to be tactical through a digital media it’s okay, too get off track a little bit if it meets a specific need in purpose along the way. And i think to you found that a lot of times as we went through this eighteen month provoc project that that subtly shifting it when you work with a program staff who has a very unique need, but it would fit in the metrics of the project or working with the development team so that their their goals were met even though fund-raising wasn’t perhaps the ultimate be all and all but that they still had a very hyre viable program, and they needed digital focus. It was fine one more. One more thing on the goals, too. When we talk about getting an organization to decide on priorities, the first thing we say is it’s okay? We’re not saying we’re not going to do these. Other things, but when we have to make decisions about, you know, the user experience or prioritizing even projects against one another, you know that we will let those overriding goals lead, that we will still be doing these other things, they’re not going to be scrapped entirely in the same with reaching different audiences when they do the prioritization. All right, so now, in my own good time, i’m going, and i’m going to turn now to a man i’m just giving you shit that you don’t. Nobody listens to this show anyway, so don’t that’s not true, it’s not thank you, but, uh, okay, amanda now maybe maybe it’s similar to what happens when people stray but let’s go to how we’re gonna create this process way have the leadership that daddy made clear is essential. How are we going to get all the different program fund-raising finance and business all the interests to agree? What is that process, doctor? What’s. The start of that process at the start of that process is, without a doubt having your technology lead on staff talk, teo the equivalent lead in every program area whether its development, major gifts, administrative, human. Resource is program, every person needs a voice at the table and i found the most effective way to do that is get everyone in a room for a full day workshop and you spend the day going through it’s it’s really and airing of the grievances i really, truly is what it boils down to. Everyone needs a minute to talk about what the websites not doing for them and what it is doing for them and to talk about what they wanted to do. And when you start to do the airing of the grievances, i always imagined what would happen is it would just be horrifying day, and it actually wasn’t it really put a spotlight on what some very specific areas of problem, where digital for the organization and with dottie’s focus around how that day was constructed, we ended up with some very clear problem areas that allowed us to turn around and come back and say, ok, these are the areas that seemed to be the problem now let’s talk about how we can effectively fix them and what everyone did was when they got their chance to air their grievances, they felt heard. And then the next step was buy-in getting all of your primary decision makers to share what was wrong, then turns around in your benefit and allows them to feel buy-in in the process, they now think their needs are going to get met because they are. Ultimately what you want to do is meet those needs through your digital strategy. You hear what’s not working for every one you say here’s ways that we can meet them well, let’s, prioritize those and then once you do that, you have your vision. Now you have your strategic vision. Now our organization says here’s what our web site didn’t do here’s what wasn’t working for you, here’s where we wanted to go now we have a vision, we’re all now working together, everyone now has that collective head nod. We’re all looking the same way we all have the same focus and then it’s just working through a series of tactics to get to the end result and that’s really? What? Dotty’s what daddy’s company brought to tryto limited was this very clear process that we would go through. Everyone was going to agree everyone’s heads were not in the same way. And then we move on from the strategic the strategic vision to tactical that efforts. So so, trout unlimited was a was a hodges consulting clients. And then you must have been such an evangelist. Yes, right. Yeah. Immediate buy-in. Well, eva, what daddy was doing that she hired you away. If i had been the director of online operations for eight years, so my time had come, i had run my course that try to limit it. It was it was a great organization, it’s a great organization were doing with us and we still have the man’s a client. So it’s all very good. Okay, excellent. All right, now i had mentioned on office that i’m having a hard time seeing how the website impacts then so help me out. I had mentioned bringing to this table finance finance? Yes. And the c f o in the business. What does the money? What? How does the website or even relate to them? I think it’s a little bit of how it relates to them in the overall of how the website relates them and also how the process relates them. So a lot of especially a man who is talking about is also the process of how do we get everyone on the same page? So what we do is threespot is that we do stakeholder interviews and see, you know what people are looking for, what they’re not getting, what they want, that kind of thing and the way something like finance please in is that if you’re hiring from outside or even if you’re doing it internally, there’s a lot of money and time and energy that goes into a digital strategy, a website, hiring people, that kind of stuff, having they’re having their perspective and having, you know, is it worth it? Is not that kind of thing? Also, in the thought of what if one of your goals is raising money or doing something like that and working with, you know, the finance team to say, okay, how much money is going to be worth it? You know, how much is is it gonna matter if we do this? And we raised, you know, five thousand dollars like, is that still impactful? Like what? You know, what really matters? So i mean, everyone really has a rule and it’s important to kind of as a man who said not ignore that because you don’t want to come back, as were talking about before you’re coming to the leadership in your coming to people on the board or something like that, and they’re like, well, this is not what we expected but it’s not what we wanted or just not answering any of our questions or, you know, it’s a great website, but why do we have this? You know, you should know better evangelize er for your mission than your staff, and if every staff doesn’t feel bought into your end product, then you’ve not done your homework. And so making sure that the director of human resources, which needs to post job openings on the website, has a clear and free way to do so is critical for that end product and on lee, you know, let’s, just say your primary goal is to drive membership or to build community that doesn’t mean that you’re going to do that to the detriment of process or efficiency for other staff in the organization that program director who’s still trying to do a very small, focused niche of your mission needs as much buy-in and as much voice in the process as the executive director, everyone needs a voice on the tape. Yeah, go and that’s, just the way you mentioned the power of the process really is part of it as well, not just the outcome. Amanda, you were talking about that earlier where, you know, people collectively begin to see, you know, if i’m a director of development, obviously i have a pretty clear priorities for the site, right? But if i’m suddenly at a table where maybe i haven’t really been converse in our, you know, had the opportunity to work alongside directly finance, hr, whatever, whatever we’re collectively, we start to have the conversation about the good of the whole, it really changes the perspective. Everyone still got what they need to get done right at the end of the day, but it really helps that perspective so that everyone’s kind of starting to look in the same direction. One of the examples i had it that for that try to limit it was to really sit and listen to membership services. The people are are on the frontlines answering the phone calls from people who are giving online or doing any number of tasks to the website and really hearing from their perspective what their feedback is specifically from the members where the sticky points are what they have to put up with when the fund-raising team puts out, you know, one hundred thousand emails or what or the the advocacy team puts out an action alert on an issue what the reciprocal event is for that person and it’s very, i think it’s very common for non-profits for programs and teams to work very siloed you have your task, you have what you do. You sit down and do it there’s not a lot of opportunity for the hole, for the whole organization to come together around a single project except for digital media thes tend to be the kinds of projects where the entire group the entire non-profit as a whole has a stake in the outcome. That really is where elektronik transcends a lot of what any non-profit does, daddy, i’d like to talk a little about the details of this this strategic day. Are there boardmember is there? Is the board represented in that or no really? Just just senior leadership? No that’s, a good question and can be historically, we have not seen that not by my design. Typically you get, you know, unengaged executive director seo, whatever the role, maybe you get, you know, the sea level in director level heads of departments in that sort of workshop environment, often times at key points with clients, for example. And amanda mentioned the strategic vision deliver herbal. It could go by other names. I think threespot uses a different name, but basically that’s, that touchstone document that says here’s, what we’re gonna accomplish together that’s the kind of document that often gets elevated to the board level. So oftentimes when we create a project timeline, one of the first questions with the core committee is okay. Who are decision makers who needs to be involved at certain touchpoint what are those timelines? We have a quarterly board meeting coming up, whatever it may be so that we can structure the project around that and get that buy-in you, like teo, do these offsite typically it’s on side of the client? Sometimes virtual were a fairly virtual company, actually. So it tends to be a real blend. And it really we look to the client. To dictate what their preferred, you know, method is okay. And, uh and you are the facilitator for the day. Yes, martin. Okay, what? We have just another couple of minutes or so. Let’s. See, uh, once you must leave cem cem parting thoughts let’s see two money? Let me ask you for money. It sounds like it sounds like threespot does more than just build websites. I mean, you’re sounds like you’re deeply engaged in the analytics that are going toe contribute to to the design of the website. Yes, threespot way started off mostly doing websites, but we also do social media consulting strategy sometimes requires in housework. I’ve gone to work for clients for a while, we do analytics, we do content creation and content strategy, user experience. And so it really kind of just range is everything which is again goes back. Teo, you know, you’re not just building a website, you’re creating experience, you’re creating a strategy, and so, you know, if we just build a website and we didn’t have conversations about how social plays into it, how we’re going to launch it on social media once it goes up, you know what? The you know, the analytics that we’re going to put behind it, you know how those going play and we’re going to google analytics? Are we tracking out all the links? You know, that kind of stuff, then you’re kind of just doing part of your digital strategy on dso threespot is an interactive agency, it’s, not just a web design agency, and we really, you know, make sure to touch on all of those things, and so it could be, you know, going through and going through every ounce of content and saying, ok, how do we have to change this? How do we migrate this over that kind of stuff? And it also could be coming up with a robust way to show analytics to the board, you know? So it really there’s there’s a lot of different things that we do all right on daddy wanted to leave us with some parting thoughts about the importance of the s bomb, sure, so the importance of yes, bomb i think in the context we’ve been talking a lot about in the context of web development, which is certainly applicable, we think of it a little more broadly and just echo what tulani saying about looking at the big picture that, you know, the bomb is in a four letter word? It’s not a dirty word, it’s not something. Where, you know, you hear someone say we need a strategy and people go, oh, you know, and they just think of many, many months and many, many stacks of papers that may or may never get examined, digitally or otherwise, and we want to create something for the organization that’s very viable, you know, creates and produces a road map, you know, creates buy-in ultimately gets to better product that’s gonna have a better r a y for the organization and and the truth is, we kind of cheat because we like the framework so much we use it for lots of stuff, whether it’s, a website, project or an organization says we need to look across the enterprise at what we’re doing with our digital program or we kind of just need any communications plan of attack, we’ll apply the same framework, so we think it works across the board, which to me means it must be at least relatively solid, and it also just helps to always say that it’s a working document. So understanding the digital space is changing all the time, you know, making sure that, you know, you create these documents in this strategy, but, you know, really bite-sized people, this is a working document. You know, another platform might come up for another way to approach fund-raising might happen. And really, you know, having people be open. Teo yes. So strategy, but it could develop. They can change and being willing to evaluate whether that new platform belongs in in our suite or or not exam avoiding that shiny object syndrome. All right, we have to leave it there. Thank you very much, ladies. Thank you for having us. My pleasure, tulani elisa is social media manager at threespot. Daddy hodges, president of hodges consulting. And, uh, the newest. It sounds like the newest employee of hodges consulting. Is that correct? Is amanda heidtke. She is a director of digital strategy there. Thank you again very much. Thank you. Thank you. This’s. Tony martignetti non-profit radio coverage of ntc two thousand fourteen the non-profit technology conference. Thank you very much for being with us. Crowd funding law with jean takagi is coming up first. Pursuant, have you checked out there giving outlook report? They bring in data from several industry reports, and they put it together with their own informed perspective as consultants to give you precautions, opportunities and questions for discussion in your office or with your board, you’ll find the e-giving outlook report at pursuing dot com click resource is and then content papers. I like the idea that these could be discussion points for your board. Valuable. We’ll be spelling spelling bees for fund-raising have you checked out their latest video? Lots of checking, checking to do this week all valuable you’ll see live music, dancing, standup comedy, spelling, of course, and raising money from millennials who are having a great time at this party. It’s at we be e spelling dot com now for tony steak, too. Videos of this week is sincerity are your thank you sincere. Last thanksgiving, i got two messages that we’re trying to thank me and wanted to thank me, but they failed because they added in promotions and solicitations that really made them suspect and it’s pretty phony sounding actually plus, in this video, my hair makes a final cameo appearance a stranger kicks it literally kicks my hair down the beach. You believe that? Um, is not attached to my head anymore, but still, i think it deserves some modicum of respect for my hair, but it didn’t get it. You’ll see it. You see it with sincerity. The video is at tony martignetti dot com. And that is tony’s. Take two for today. Let’s. Do the live listener love, et cetera, et cetera. There’s. So many live listeners. It’s, it’s. Remarkable was starting domestic new york, new york multiple love that unless you’re all neighbors written the same apartment on the sixteenth floor and just three of you making me try to make me feel good but about not live listen love to new york, new york. Where else? Tampa, florida monroe, new york, upstate. Cool. Monroe. I think i got it. I think i got a traffic ticket once in monroe or monroe township. If that’s you well, you’re still welcome. Ah, send love to you, but not to the officer. Ah, would ridge, new jersey love my home? State checking in woodbridge. Thank you. And seattle, washington. Way up. Pacific northwest. Love the seattle a for that. What was that? Look at that airport lately. I don’t know, but they’re seattle live! Listen, i’d love to you, let’s goto we’ve got we’ve got someone in american a territory i believe these were called territories and this is in in puerto rico. Come, we cmu y i’m probably not pronouncing right, but puerto rico is with us live listener love to you first time listeners, puerto rico as far as i can tell, live love too puerto rico, japan, konnichi wa multiple japan multiple u k of course we don’t know which country could be well whales or ireland or scotland or england. We don’t know. I’m not getting myself in hot water like i did last week before over welchlin his english so live with their love to the listeners in the uk. Also germany. We’ve got multiple germany, gooden dog! We’ve got rods! Grodd, bulgaria. Remarkable bulgaria welcome and also in the caribbean santa domingo, dominican republic welcome and what else we’ve got? We’ve got bucharest and protest e in romani, romania. I love it. And brussels, belgium is with us. Ah, and sao paulo, brazil i know it’s, not san paulo. Les americans called san paolo. No it’s. Sao sao paulo, brazil welcome for us. Welcome live listen love to you as well. Probono gado, we got to do the you know, jean hang on there, gene. So many people to thank. I got to send the love if i could live listen, love i’ve got to the podcast pleasantries how could i go do one without the other to the r twelve thousand podcast listeners twelve thousand plus, of course, but it’ll plus sign after that third xero twelve thousand plus podcast listeners pleasantries to you. I am very, very grateful that you are with us and the affiliate affections, of course. Got to say again. Welcome to our newest affiliate, w m n b in western mass northern books here, but all the affiliate listeners throughout the country on our am and fm station family. So glad that you are with us now we bring in. Jean takagi has been waiting very patiently, but i have to send the thanks. Gene he’s, the managing attorney of neo the non-profit and exempt organizations law group in san francisco, california. He edits the popular non-profit law blogged dot com and is the american bar association’s twenty sixteen outstanding. Non-profit lawyer, i’ll avoid the joke about now being twenty seventeen and moral resting. I think i did that already. He’s at g tack on twitter. Jeanne, i love you. You know i do. Welcome back. Thanks so much, honey. How are you doing? Wonderfully it’s. Terrific. It’s a good day today. I went to the beach. I went to the peach. I went to the gym before the show. Always get that, like there’s. Endorphins flowing. I love it. Um, how are you doing out there in california? It’s a beautiful day have been getting a lot of rain out here lately, which i guess we needed. But it’s a beautiful day today. Yeah, not as much as you’ve been getting, like, four inches an hour or something. Yeah, way. All no floods and mudslides and things, but okay, i’m glad you have a beautiful day today. I hope you’re not impacted badly by the flooding and stuff. All good here. Okay. Okay. So we’re talking about crowdfunding law today. Um, now, let’s, just make sure that ah, we, uh we know some of the biggest sites i think for non-profits. Check me. Check me on these donors. Choose where actually, charles best. The ceo. There has been a guest on non-profit radio. Go, fund me, andy. Go, go. Crowdrise and i want to give a shout out to someone else had been a guest on the show, the ceo of deposit, a gift, then ostomel do those ring true to you for non-profits? Yeah, absolutely. Although i think indy go goes now, rebranded itself for charity and generosity, but yeah, those are all major site. I did. You know, you’re right. I didn’t update. Yeah, indiegogo slash generosity. Is that them? Is that right? Yeah. Ok. Ok. Thank you. Check me on that. You wrote a very informative article, which were were touching pieces off for ah non-profit quarterly. And by the way, i got the executive editor of non-profit quarterly is going to coming on the show very soon. Roof roof, right? Yes. Your article is, uh, understanding crowdfunding after a tragedy, and you’ll find it. Uh, listeners will find it at non-profit quarterly dot or ge understanding crowdfunding after tragedy. Okay, you point out in that article that this is becoming crab and funny is becoming huge, like it’s it’s approaching or by twenty twenty five. Is going to surpass what global venture capital is today? Yeah. It’s amazing. I think it was productive to reach in two thousand fifteen, which already past thirty four billion and looks like the world bank is projecting nineteen. Ninety six billion dollars. Buy twenty twenty five. Yeah. That’s remarkable on that’s. The number that i think is your article says is twice what? The, um twice what the i want to take this correctly with the global venture capital industry is today that’s correct? Yeah. Remarkable. I mean, well, people are generous, you know, what can we say? People throughout the world wanna help causes now, sometimes you have to be careful where that money is going, what the cause is or what the person is. We’re going to get to that. So, um, you like to differentiate between businesses and charities doing crowdfunding? Yeah, and that’s actually a really important point. So, you know, not all of that, you know, thirty four billion in two thousand fifteen or the projected ninety billion plus in two thousand twenty five is going to be for charity. A lot of that, um, is going to businesses that are looking for funding. To build there cos it’s a new way for startups not just to seek venture capital money from very wealthy individuals or institutions, but now to go out to the crowd just to go out to regular people, uh and and asking them to invest a small amount of money or a modest amount of money, but which might be actually a kind of a big deal. Teo somebody you know who doesn’t have a lot of wealth t back back ideas that they love, and they might love it for pure business sake. Or they might love it in some cases because the charities involved. Yeah. Now that’s you ah, this is called investment fund-raising investment crowdfunding, where there may be an equity stake available to you as a as an early participant in this startup idea, right? Yeah, absolutely. Okay. Okay, cool. Now we want to focus on donation, crowdfunding and and a little on reward. Crowdfunding. Why don’t you explain those chris? Sure. So donation crowdfunding usually involves asking the crowds. I’m just going to go call the internet audience that that goes on to the site and looks it you’re solicitations as the crowd. You just go on to the site and have a page that’s asking for a gift of donation. It might be for a particular project that you have, or it might be more generally just to support the charity on dh. So that’s that’s sort of broadly donation crowdfunding rewards crowdfunding is kind of a little bit of, you know, within the realm of donation crowdfunding so it’s kind of a subtype of donation crowdfunding in one way in that you’re usually soliciting some sort of gift, but you’re goingto also promise back to anybody who gives you a gift, some sort of reward, and sometimes that reward is a negligible value, just like you might get a sticker. Oh, our coffee mug for, you know, a major donation that you make or, you know, the pbs type of gifts that you get for becoming a member of pbs and donating to them and sometimes it’s actually a more substantial gift where you’re going to get, you know, a new product that’s coming out from the charity ahead of the real market that’s out there, that’s going to purchase it when it when it’s fully launched our concern around these crowdfunding solicitations. Is something that’s, you know? And you’ve said to his near and dear to my heart and you’re well acquainted with it also the requirement whether to register in each state under their charity solicitation laws, because once this website becomes active and live, then you’re soliciting in all fifty states because it’s visible in all fifty? Yeah, i mean that’s a really good point. Let me just, um, looking face about whether, you know, simply having a site, i’ll take it back a few years and say, if you just had a fight with a donate button, are you really soliciting in states if you get no contributions from the states, so it gets a little bit, um, questionable whether having krauz pending sight, even though visible to residents of every state, is actually soliciting in that state, let alone you actually do attract, um, somebody that contributes to your campaign um then i would say, yeah, you’ve now triggered it you’ve now solicited in that state, and particularly because you’re going to have some communications going back and forth with with a resident of the state. So technically speaking, yeah, even even once, once you’ve launched that crowdfunding. Site. And then you receive ah contribution from resident in that state. Technically, you may fall within that jurisdiction, although, you know, for the legal geeks out there. There’s still minimum contact. Saand, whether state can actually regulate you if it’s just a really tiny, like donation. If you got five dollars from wyoming, does that mean you have to register there? Probably nobody’s worried about that. But we got something. You create some issues. You got something against wyoming. Is that what you’re saying? That’s fly over territory way may have live. Listen, we don’t have not in wyoming. Wait. No, i not incorporated or formed and which is not already registered. If it’s soliciting out side and gets a contribution from outside that state. So i didn’t mean to pick on why at wyoming other and has a great example of generous people. And you are more precise than i am. Which is why you are our crack legal contributor and i am not. What i should have said is you are potentially soliciting in lots of states, all the states when your when your web page goes live, that really depends on the definition of a solicitation. And in some states, as you said, gene it’s, how much you actually get back, whether it’s, big and dollars, or biggin proportion to your overall fund-raising. So there’s, there’s nuances there, and you are good at pointing them out. That’s, why i have you on to keep me clean, so i really should have said, you’re potentially soliciting. Ok, we got it. We got to go out for the break. When we come back, you and i’ll keep talking about crowdfunding law. Stay with us. Like what you’re hearing a non-profit radio tony’s got more on youtube, you’ll find clips from stand up comedy tv spots and exclusive interviews catch guests like seth gordon. Craig newmark, the founder of craigslist marquis of eco enterprises, charles best from donors choose dot org’s aria finger do something that worked and a a me levine from new york universities heimans center on philanthropy tony tweets to he finds the best content from the most knowledgeable, interesting people in and around non-profits to share on his stream. If you have valuable info, he wants to re tweet you during the show. You can join the conversation on twitter using hashtag non-profit radio twitter is an easy way to reach tony he’s at tony martignetti narasimhan t i g e n e t t i remember there’s a g before the end, he hosts a podcast for the chronicle of philanthropy fund-raising fundamentals is a short monthly show devoted to getting over your fund-raising hartals just like non-profit radio, toni talks to leading thinkers, experts and cool people with great ideas. As one fan said, tony picks their brains and i don’t have to leave my office fund-raising fundamentals was recently dubbed the most helpful non-profit podcast you have ever heard, you can also join the conversation on facebook, where you can ask questions before or after the show. The guests were there, too. Get insider show alerts by email, tony tells you who’s on each week and always includes link so that you can contact guess directly. To sign up, visit the facebook page for tony martignetti dot com. Lively conversation, tap trends, sound advice, that’s, tony martignetti non-profit radio. I’m melanie schnoll begun managing director morgan stanley philantech management. Welcome back to big non-profit ideas for the other ninety five percent. I am the imprecise and inarticulate host. Gee, takagi, thankfully is with me, jean one understands want to wrap up this state’s solicitation registration issue with this comes up a lot for me when i speak on the subject. The question is, what if the site where we’re crowdfunding says they take care of charity solicitation laws? I always encourage charities to go a step further and investigate what they actually mean by by that have they actually registered in all fifty states? Um, what’s your what’s your feeling on that if the if the site the platform says, oh, we took care of that for you, it definitely got investigate that way further. So there are special registration requirements from professional or commercial fundraisers, andi, if they’re if they’re serving in that role, they’ve got to figure out if they’re properly registered and that may not exempt the charity from also registering there. Just because you’ve got a professional working in that state. The other way that it might be done is if the is the party that you’ve contacted is a charity itself and running a donor advised funds. Ah, and network for good is an example of a donor advised fundchat pretty that attracts a lot of charities. Teo, use their platforms or widgets. T raise funds on behalf of them. But it’s not technically on behalf of them, they’re actually raising money for themselves and then re granting that money to your charity. But they have the legal discretion of whether do that or not. Now they almost always do that. So long this year, compliant with laws and still ah, domestic five a one c three entity but it’s definitely worth more investigation. All right, let’s, move to the reward. Crowdfunding. And what the implications? Maybe if a charity gives a ah a reward, give something in exchange, let’s, start with the insubstantial, the mug, the sticker, et cetera. If we were doing something in substantial, what? What are our potential? Pitfalls? Liabilities? Well, you know, i guess one thing is to define what insubstantial is. So you kind of think if you were giving just a very small sticker that was really worth nothing, then you’re probably not worried about it at all. I used to mug is an example. Maybe that was a bad one, because i guess it depends upon what you’re giving to get that. So if you made a five dollar contribution and you got mugged, they got back a mug that was worth five dollars and that’s probably a sale that’s probably not a donation that made and getting a gift back in return. And every state may view this in a different way, and it gets really, really interesting from a lawyer’s perspective, but complicated from ah charities perspective when they do, when you know, e-giving example in washington state, i believe, you know, if you made a five hundred dollar contribution and you’ve got a shirt in return for that, um, on the shirt was worth let’s, say, twenty dollars, um, under washington law, i think what it says right now is that if the minimum contribution is five hundred dollars to get that shirt that we think you should pay sales tax on five hundred dollars for that shirt because five hundred dollars, really a portion of that is a donation, i think there’s a bill in process in washington to correct that. Okay, good. So the laws are behind all of these just like new mechanisms for fund-raising and giving back rewards even though they’re there quid pro contributions on under the irs. So the irs and federal tax law has sort of recognise this for some time, but for sales tax purposes and sellers permit purposes, the states aren’t completely onboard, and crowdfunding is just exploding the way these things were used on dh the states air catching up. We’ve got a live listener in seattle, washington. What do you people doing up there? My god, you’re out of control, all right? But it sounds like they’re trying to remedy it. So that’s that’s okay, um, there’s a bunch of stuff i want to talk about. So what? I’m going to suggest we all do if you have questions about the quid pro quo thing related to fundraise related to crowdfunding at irs dot gov just searched the phrase quid pro quo contributions and there’s a page that comes up and tells you what your substantiation requirements are. If the gift is two hundred fifty dollars or more for the written acknowledgement and what the acknowledgement is to say, search that phrase that irs dot gov quid pro quo contributions jean will you permit us to leave that leave that topic there? Yeah, actually, maybe if i just throwing one last thing the irs considers a low cost article an artist, something that that’s of a token amount on dh certain items if they don’t exceed ten dollars and seventy cents, and that that amount is that adjusted every year. But for two thousand seventeen, if it doesn’t exceed ten thousand ten dollars and seventy cents in the contribution was at least fifty three dollars and fifty cents. I might be going into jargon jail there, but those are the two thousand seventeen figures, then it’s it’s sort of not counted as a sail for unrelated business income tax purposes, and so that’s something to think about, and also for deductibility of donation purposes. So something to think about, if this states would use that as guidance in terms of determining whether that’s a sail for their purposes as well. Okay, now that’s not jogging, joe that’s detailed that we don’t have detailed jail because details where the sale’s important toe fifty three dollars and fifty cents for twenty seventeen. Okay, all right. You didn’t hear me because we have this digital. Systems so when you’re talking, you can hear me. You don’t hear me call you an anarchist, but i wanted you want i don’t want to be dishonest and do it behind your back. So sort of because i know you didn’t hear me say it. Okay? Let’s, go to the individuals. Can. This is interesting. Can a charity? Oh, we just have a couple minutes left. Holy cow. All right, kenna charity raised money for an individual and we only have, like, two minutes left. Jean e charity conspiracy money on individuals who may be distressed or, you know, who fall into a charitable class, right? But they can’t actually tell their donors that the donors khun direct their donations towards a single individual. If the donor wants the deduction on their gift, if they want a deduction, it’s got to be a gift to the charity and it’s up to the charity to determine which individuals that it wants to help. Ok, you can certainly use an individual as an example of a class of people that you’re going to be benefiting. Of course. Right. Exactly. Okay, okay. So that’s cool. So yeah, i mean, it makes sense. We we have charitable deductibility is for charitable purposes, and individuals are not charities. Is that is that the basics of it? Yeah, that that is on dso. Crowdfunding is where? There’s a lot of abuse of this in terms of a lot of charity. Say, you know, you can raise money, you know, for this individual donate and we’ll send it to this individual. Just click on which individual you want us to send it to not technically done properly, but you might find a disclaimer in there somewhere that says, we don’t really mean that, and you’re really going to give to the charity. Okay? We don’t really mean that. All right. Um okay. So what we have seen we have in the man. We have a minute left with gene. Okay, what are you saying? Me? Three minutes or one minute? We have. We have thirty seconds. All right, then, jean. We’re gonna leave it there. How about that? Have a great talking with you. Okay? I thank you for holding my feet to the fire and being the precise attorney that you are and counter acting the loose lipped host. Thank you for that. He’s. A. Managing attorney of neo non-profit exempt organizations law group read the read the site, go to the block non-profit law block dot com and find him on twitter at g attack next week. The giving code what you can learn from this report on silicon valley philanthropy i mentioned mentioned that the gene one if he’s if he’s familiar with this, but anyway report on silicon valley philanthropy there are lessons for you from this. We got the two co authors on next week live. If you missed any part of today’s show, i beseech you, find it on tony martignetti dot com responsive by pursuant online tools for small and midsize non-profits data driven and technology enabled and by we be spelling supercool spelling bee fundraisers we b e spelling dot com welcome again, you have men be one oh seven point one fm in north adams, massachusetts. So glad to have you with us. Our creative producer is claire meyerhoff. Sam liebowitz is the line producer. I got an announcement coming next week about our am and fm affiliate outreach director. Hang on show social media is by susan chavez on our music is by scott stein, you’re with me next week for non-profit radio. Big non-profit ideas for the other ninety five percent. Go out and be great. Hey! What’s not to love about non-profit radio tony gets the best guests check this out from seth godin this’s the first revolution since tv nineteen fifty and henry ford nineteen twenty it’s the revolution of our lifetime here’s a smart, simple idea from craigslist founder craig newmark yeah insights, orn presentation or anything? People don’t really need the fancy stuff they need something which is simple and fast. When’s the best time to post on facebook facebook’s andrew noise nose at traffic is at an all time hyre on nine a m or eight pm so that’s, when you should be posting your most meaningful post here’s aria finger ceo of do something dot or ge young people are not going to be involved in social change if it’s boring and they don’t see the impact of what they’re doing. So you got to make it fun and applicable to these young people look so otherwise a fifteen and sixteen year old they have better things to do if they have xbox, they have tv, they have their cell phones. Me dar is the founder of idealist took two or three years for foundation staff, sort of dane toe add an email address card it was like it was phone. This email thing is fired-up that’s why should i give it away? Charles best founded donors choose dot or ge somehow they’ve gotten in touch kind of off line as it were on dno, two exchanges of brownies and visits and physical gift mark echo is the founder and ceo of eco enterprises. You may be wearing his hoodies and shirts. Tony talked to him. Yeah, you know, i just i’m a big believer that’s not what you make in life. It sze, you know, tell you make people feel this is public radio host majora carter. Innovation is in the power of understanding that you don’t just do it. You put money on a situation expected to hell. You put money in a situation and invested and expected to grow and savvy advice for success from eric sacristan. What separates those who achieve from those who do not is in direct proportion to one’s ability to ask others for help. The smartest experts and leading thinkers air on tony martignetti non-profit radio big non-profit ideas for the other ninety five percent.