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Nonprofit Radio for February 6, 2015: Corporate Coffers & Committee Confab

Big Nonprofit Ideas for the Other 95%

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Linda LysakowskiCorporate Coffers

Linda Lysakowski smallLinda Lysakowski, ACFRE, is a development consultant with nearly 30 years of experience. She wants you to systematize and formalize your corporate appeals; pay attention to small companies; and be more strategic with cultivation.

 

 

 

Gene TakagiCommittee Confab

Gene TakagiGene Takagi returns. He’s our legal contributor and principal of the Nonprofit & Exempt Organizations law group (NEO). He’s all about committees this month! How are board committees different than advisory committees? How much authority should be delegated to them? What are the pros and cons of executive committees?

 

 


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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. Welcome again to our new affiliate km use e eighty eight point five and one hundred point seven fm in salem and keizer, oregon non-profit radio for the capital and kaiser km jozy, thank you very much for being with us. We’ve got a listener of the week. Jenny are nez she’s, a huge supporter of non-profit radio on twitter, always recommending the show and sharing our tweets she’s at jenny or nez jenny, i’ll send you a video of the non-profit radio library. You pick a book and it’s yours. Congratulations on being our listener of the week jenny are nez which it’s kind of reminds me of dizzy yarn is from the i love lucy show. I don’t know. I wonder if that’s a granddaughter are you are you the granddaughter of dizzy? Have a show from the archive today? And a rich archive. It is here’s our february seventh twenty fourteen show i’ll be back at the end. 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. Oh, i’m very glad you’re with me. I’d suffer the embarrassment of a calcula if i had to shoulder the burden of knowing that you were going to miss this week’s show corporate coffers. Linda, listen kowski a c f r ee is a development consultant with nearly thirty years of experience. She wants you to systematize and formalize your corporate appeals. Pay attention to small companies and be more strategic with cultivation and committee. Khanfar ab jean takagi is back he’s, our legal contributor and principal of the non-profit and exempt organizations law group neo is all about committees this month. How are bored? Tum it he’s different than advisory committees. How much authority should be delegated to them? And what are the pros and cons of executive committees between the guests? Antony’s, take two. I have an abundance of alliteration were brought to you by rally bound peer-to-peer fund-raising and by telephone bill reduction consulting t brc. Getting your money back from phone bill screwups. My pleasure to welcome to the show, linda. Like kowski, she is one of one hundred professionals worldwide. Toe hold the advanced certified fund-raising executive designation. She has thirty years in non-profit development and one of her many books is raised more money from your business community. She’s at linda lissa kowski dot com you could follow her on twitter where she’s at l listen, kowski llc linda lisa caskey, welcome thanks, tony it’s. Glad i’m glad to be here happy to be with your audience today. Thank you very much. I’m glad you are too, and i i think it’s safe for me to speak for them to them, for them that that they’re glad you’re here too. Tell me about this cfr lots of lots of people are cf ari’s certified fund-raising executive, but you’re in advanced certified fund-raising executive, right and the uncertified fund-raising executive i used to be able to say i was one of fewer than one hundred, but just recently, within the last couple of months, we accepted number ninety nine and number one hundred into the fold um and it’s really an honor to be counted among the cfr ese it’s, a long, grueling process, but i think it’s well worth it in the end, it’s it’s a process that you go through if you’re really dedicated to this profession and one hundred of us at least are. And you have to be invited. Teo too do the work to get the a before your cf, ari. Well, the process is that you have to be a c f ar e already. Andi, i have been in the profession ten years or more. And then what makes us a little bit different from the cfr e to see if our reprocesses you take an exam and the review committee looks at your exam and make sure there’s no ethical violations on your record and then you’re automatically approved with e f r ee it’s really a four step process? It’s the application itself, and then you do take a written exam, which is obviously a little bit harder than the cfr e exam. And then you put together a portfolio showing your work and at least two a p f r ee piers will review that portfolio and then the third part of the fourth part of the process is on aural exam. Where again, about three, of your peers will take you through about a three hour process where you give your oral answers to questions that are thrown at. You by this group sametz pretty grueling process. Ok, i happen to be a u a c f r ee ultra advanced there’s there’s. Only one of us, though. I know that that’s. Pretty cool. I guess i’m gonna have to try to get to be number two in that group. Well, i don’t think you’re qualified. I’m sorry. Probably not. It’s the next level up, but it sze very secretive, like the masons for, like free masons. Usc fr ee. Okay, so i have to learn a secret handshake that well, if you’re qualified, but i don’t believe that you are. I’m sorry. Okay, okay. We’re talking about corporate giving. And specifically, i think small companies, but but before we get into big versus small there’s lots of forms of corporate giving, right, but it’s way beyond just just money. Yes, yes, there is. You know? And i think sometimes we kind of forget the many ways that corporations who contribute to the non-profit world besides e-giving cash, which most of us are familiar with cash or grant there is in-kind there’s corporate volunteer programs, which can be really magnificent for a lot of organizations. And some corporations like to do sponsorship? Not so much of sponsorship of events, but other sponsorship may be sponsoring one of your program. Something like that. So there’s a whole variety of pockets you khun delve into? Yeah, there’s also giving of inventory, right? Gif ts in-kind right. Right. Ok. And i’ve had some clients really be very successful with gifts. In-kind i could also tell you a bunch of horror stories about gifts and well, okay, we’ll hold the heart stories, but just, uh well, maybe, but we know that just want to set the ground work. We know there’s lots of different ways that we could be approaching cos on dh. You also want people to think broadly about the kinds of companies they approach you. We’ll identify a lot of under the radar businesses, right? Right. And i think a lot of times we tend to always look at those the company’s in our community whether their banks are hi tech companies. But there’s, every community has a couple companies that everybody thinks someone that’s like. Okay, how can we raise some money from the business sector? And they all tend to think of a big company. I called the willie sutton theory that’s probably because i spent a lot of years in banking before i was involved in the nonprofit world, but, you know, they one day it’s really sudden white, he robbed banks, and he said, because that’s, where the money is and sometimes that’s the impression that we get some of those big companies but us for all the money is i am to live near las vegas and in our community, it’s, let’s go after the big casinos because, look, i have all this money, and we just kind of roll up with our little plastic cup and asked him to fill it with money, and it doesn’t always work that easy, right? So let’s, identify some of the, uh, the under under the radars and you like your name, like pest control movers, landscapers, right? Small, small companies that are often get overlooked by the way that that willie sutton story according to wikipedia, he didn’t really say that. That’s a pocketful. You know, i just heard that recently to that it was actually a reporter who described that statement to him, but by still called the willie sutton xero describe doing me, whether he said it or not, that’s hard. I don’t think we’ll take away your cfr designation because i hope not it’s, not that that’s not really an ethical breach. It’s, just a little fib a little fairy town not doesn’t reach the eye to the level of ethical oversight, i guess in the next edition of the book will have to say that statement was described to willie said it or not, ok, let’s, talk about some of that well, how to get started with this. I mean, i would think now we have lots of different sized companies on. We have lots of different ways that we can approach various sized companies, so that creates a lot of variables. Should we be starting with what our goals are? Starting with goals is always important. Looking at how many companies, realistically or in your community, how many you think you might be able to reach and that’s going to be based a lot on how many staff and or volunteers you have to reach out to the business community. And i really stressed the word volunteers because sometimes staff people think they have to do this all by themselves and i have found that the best way to reach the corporate sector is tohave appear make that peer-to-peer solicitation. So if you have volunteers on your board, your development committee, ah, a special committee that set up just to do a corporate animal appeal, you’ll be able to use what i call the five to one rule, and this is a pretty common thing and fund-raising that no one volunteer is to make more than five calls when you’re talking about going out, personally visiting with someone and that’s what we’re talking about because personal solicitation is really the only way to get to the corporate community. I find direct mail doesn’t work, and most of the time, phone calls don’t work because the decision makers don’t take phone calls or open mail, okay, you through a lot of stare in terms of volunteers and how to approach and whether events versus one on one is best, so we’re gonna unpack that we’re going to take a break for a couple minutes when we come back. Linda and i well, keep talking about corporate coffers, 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. Time to send some live listener love stew start domestic new york, new york, minneapolis, minnesota, new bern, north carolina live listener love to you, seoul, korea got many people in seoul and others that are whose city is masked. So soul i wonder if you know the three or four people in seoul who are listening. Or do you ah, do you all know each other? I wonder. Can non-profit radio bring you together in soul? And of course, for our korean listeners on your haserot many in japan, tokyo, ujiie and one or two others were not sure who are who are masked japanese sorry to our japanese listeners. Konnichi wa ok, linda, listen kowski let’s, unpack some of that stuff that you let us into let’s begin with how to approach the companies you you suggest in in your book a cultivation event? Yes, i think cultivation events are a great way to get to know the business leaders and have them get to know you. Lots of times. The organizations think they just go knock on the door or send a letter and suddenly they’re going to raise all this money from the business sector, but these businesses a run by people, we have to remember that, and people need to get to know your organization before they’re going to support it. So i’ve had some very successful cultivation events were business leaders are invited in, always hosted by another business leader not hosted by your executive director or someone within your organization, and i think that’s one of the keys to success here is who does the inviting? I remember one working with the homeless shelter group, and they had a key business leader in their community invite other business leaders in they thought they’d get about twenty, some people, they sent out seventy five invitations, and just about everybody they invited showed up mainly because of the host so that’s a big key teo successful cultivation event. You profile that example in the book and then go a little further and talk about how how moved the breakfast attendees were yes, what we did was we started this it’s seven thirty in the morning and on the east coast, especially of the united states, i think you know, if you want to. Get business leaders have it first thing in the morning because they want to come in, get out there and get back to their office before the day gets away from them. So we had a seven thirty eight, fifty eight, fifteen very brief agenda. We just kind of explained a little bit about what the shelter was homeless shelter, what they did, the thing that really sold these people wasa tour, which was led by a former guest of the shelter who was now gainfully employed at his own apartment. And when he took these business leaders around and show them the shelter and said, i sleep over there in the corner, it really hit home that this organization was doing something valuable for its community, that it was turning people’s lives around, then it was making the business environment better. So of course they were really eager to support the organization, and some of them wanted to write out checks immediately, even though we had said to them, we’re not asking you for money at this event, and we actually didn’t take their money. We said, no, we’re going to come back to you later, but you know we just want you to see the shelter and see what we’re doing here, and it really made a huge impact on that community talking about business leaders, companies, what’s your experience with professional practices like lawyers, maybe dentists, orthodontists i think that’s another category i usually often call it business and professional again. I think the best way to get to doctors is through another doctor in the best way to get the lawyers is through another lawyer. These are all really busy professional people, and they don’t often have a lot of time, but they will make time to speak with a calling. So they the key is getting your volunteers who can open the doors to these people and that’s, how you’re going to be successful and what’s our next step then after this cultivation event, which moves people i love the idea of hosting it on site that’s, that’s just so brilliant instead of having it at a restaurant or a hotel or something, have it. If you have a facility where you can tour people around, i just think that’s a very as is you cited that could be really moving what’s the next step. After the after the event, the events over now, okay, after the event, then one of the things that i suggest people is that they hold an annual corporate appeal involving volunteers, and what we did, for example, with that shelter is the volunteers who were so excited about it a z i said some of them wanted to write out a check, but a lot of them said, hey, when you’re ready to go out and talk to people about contributing to the shelter, count me in. I’m ready. Teo, help you with this project. So we developed a list of volunteers based on that cultivation breakfast and those volunteers all set. Okay, i’ll see these five people. I’ll see those five people. And we organized a really well honed annual corporate appeal and there’s a whole chapter in my book outlined how you go about doing that. It would probably be take up the rest of your show. And maybe the next three shows teo, tell everyone how it worked. But the key is involving volunteers letting them choose who they want to go see and seeing their peers. Because that’s, what gets you in the door and that’s what’s going to get you the money and need a long run? I would like people to know, too, that the book is very detailed in terms of how to go about these steps that has a planning timeline and a sample invitation and a questionnaire for after the after the event. So there’s there’s a lot of good advice in the book and detailed advice and linda, i think, did you wantto offer a listener discount? Tio anyone who’s interested in in the book raised more money from your business community and within the next couple of weeks also have an accompanying workbook being released. Raised more money from your business community this year that gives you step by step directions on and that code. If you go to charity channel dot com and look at the bookstore you just put in the code all lower case linda al i n d a twenty fourteen books and you’ll automatically get a fifteen percent discount not only on that book, but on any other books that you order at the same time. So okay, so you go to charity channel dot com and the code is linda twenty fourteen. Books, right? Okay, usually i like to see that could be non-profit radio or tony rocks or something. But linda, i think of that, linda twenty fourteen books. We’ll work, it’ll get you the fifteen percent. Of course, if used tony rocks, you get thirty five percent, but in, but not this. Not this time around. All right, so we’re talking about volunteers. Volunteers are critical to the success of this. Do we need to train these volunteers? Oh, absolutely. Even though volunteers, maybe sadio i’ve done this a zillion times you went, i sort hesitate to use the word training sometimes because nobody thinks they need training. But we always had a kickoff celebration where we invited all the volunteers to come in. Somebody in the organization made a compelling case for support. And when i worked in the university, for example, we would have a student come in and talk about the fact that they were not there on scholarship. They wouldn’t be able to afford the university. So we have somebody that makes a compelling story for why we’re doing this. Why we’re raising money and then you do need to give people some basic guidelines about you know how to make the call and how to fill out the pledge forms and when to make a report back to you. So it is there’s some work involved in it, but i think it really can be very, very helpful if you can get these volunteers in twos and excited just again remember that these are business people, they don’t want toe meat for three hours at a time, they want to come in, probably first thing in the morning and have a meeting that’s over within about an hour to one hour and a half and make it is easiest possible and keep your timeline short don’t give people a six month time frame. They’re only making five calls, and they should be able to do that and about a six week time frame you recommend ah five call limit because i presume you don’t want people to be overwhelmed by a list of twenty or twenty five names or something. Exactly what happens is some annual we have some over enthusiastic volunteers payable. I know this person and i know that person and give me fifteen or twenty calls, and what happens is they never make any calls because fifteen or twenty just too intimidating, they pull out their list and they say i’ll work on that tomorrow. I don’t have time to think about it today, so give them five it’s a very manageable number. Now i wouldn’t say we never she sometimes we have somebody only make three and that’s fine. If they’re three quality calls, sometimes we have somebody who could do six or seven. But i try to keep it to five to one because that’s a pretty realistic number and it’s proven to work. What if the person comes back and says, i’ve done my five tonight? Can i have five? Five more ready todo eso you will give the more after that don’t always give him five to start with, okay? After they’ve done their initial, they can they can come back for more. Okay. And, uh, and what are they asking in these calls? Well, there you are again, presenting a case for support, which shows that you have various ways that businesses can support you. They can give a gift. They can restrict a gift. Maybe, for example, to scholarships for school. Something like that, they could. Give a gift. In-kind i’ve had some organizations that have been ableto build about a third of their building because they had everything donated from landscaping to excavation to furniture, toe windows to cement so you could get gifts in-kind you can get cash, you can get other volunteer support, but primarily we’re looking at things in effect, the bottom line, so we’re looking at cash and give in-kind mostly. All right, why did you tell one of your gift in-kind disaster stories? If if it’s not too long, well, i could give you a couple of them, just one one took one pick, the most of it was that i think is probably the most interesting one because i live in the state of nevada, i had someone offer, give this wasn’t really a gift. In-kind it was a cash gift, but they had a real struggle was trying to determine if they should take a gift in-kind from a brothel because here, it’s illegal business in many counties so that they’re not offering the gift in-kind are they way? That would really be quite interesting? Yeah, i mean, but gives in-kind i’ve had gifts of land offered which needed a half a million dollars worth of oil remediation that’s a gift in-kind you probably don’t want to take well, yeah, because you don’t want to have contaminated soil. Tohave teo remediated, but you’re glossing over the brothel example, but i we’re going to linger on this for a couple moments. I thought you might find that one interesting. Well, you were right because i go to the lowest common denominator, you know, mike sense of humor’s generally basin lowbrow in the gutter on dh i’m proud of that s o have have you had clients offered gifts from from brothels? I have and some have taken them, and some haven’t, because they said they’re not doing anything illegal in that particular county, but others don’t take them because they feel like it flaunts the mission of their organization. But the key teo give in-kind and unusual gifts like that are you have tohave gift acceptance policies in place that say what you’re going to accept and what you’re not going to accept. Interesting right there is the issue is do we want to take money from organizations that are contrary to what are companies that are contrary to? What our beliefs are, what our mission is about that could apply for, well, really could apply and just about any circumstances, but i’m thinking, particularly of, like domestic violence, possibly or health related charity’s certainly any of the faith based religious charities and that’s where, you know, you really need to be careful about what you’re going tio except and the things that volunteers need to have before they’re asked to go out, make calls, they need to know what kind of gifts you’re going to accept. What other kind of support does the organization have to give? Two volunteers that are making these five calls? Well, i think they need to have some staff that’s going to support these volunteers because volunteers are going to i guarantee there’s a volunteer they’re going to call you. Oh, i’m supposed to make this call today, but i lost my my information that i was because the handout can you send me another fact sheet, or can you send me another pledge card? I don’t have one and i have an appointment this afternoon, those of the kind of things that staff need to be there to support people and i think most importantly what you need to give volunteers as a program that’s worthy of support. If they feel in food that your program is really doing a lot of good in the community, they will be proud to be part of your team that’s going out asking for money so that to me is the most important thing that you need to provide volunteers. How about the chair of this annual business appeal? How do we how do we make sure we have the right chair person? Well, that’s a really important that because you wanna have a chair person that is well respected, well known in the community can command respect is enthusiastic themselves. I had one gentleman wants to volunteer for a volunteer firefighters group, and he showed up at a meeting with and this is a top ceo in the county. He showed up with a fire helmet and red suspenders because he was so into what this would do it. He didn’t even take the time to change that e one to make his commitment well known that he supported the volunteer firefighters. He thought they were doing fantastic work, which they were and his enthusiasm was contagious. Everybody else got excited about the campaign because he was excited about it. Outstanding. Okay, um, we have just a couple minutes left. Linda, tell me what it is that you love about the work that you do and you’ve been doing for for thirty years. I think what i really love the most is being able to help people fulfill their missions and so many of the things that, you know, i can’t just take off and run to africa and help dig wells or do a lot of different things, but i can help people raise the money to do those wonderful things. That’s what i enjoy about it the most. Because when charities come together, they can do when people come together should say into charities they can do enormously good work, that individuals can’t do that government and corporations aren’t suited for right? Absolutely. Ok, linda, listen kowski i want to thank you very much. Why don’t you, uh, remind people how they can get the discount on the book, go to charity channel, dot com and then put in the when you look at the book list, just put it in it’ll ask you if you have a discount code and you put in l i n d a all lower case l i n d a twenty fourteen. Okay, linda, on the strength of this conversation we had, i’m going to promote you to ultra cfr, so you are now right? Well, thank you. I’m going to put that in front of my initial see if anybody recognizes thie organization is small but distinguished, you’re now you’re now using new a c f o r e. You will find linda, listen kowski at linda lacey kowski dot com, and on twitter she’s at l lacey kowski llc, thanks so much for sharing your expertise, linda. Thank you, tony, for having me, it’s been a pleasure. Okay, bye! So long. We are sponsored by rally bound. You know them? You’ve heard me talk about them. They do software for peer-to-peer fund-raising at rally bound dot com. And we’re also sponsored by t b r c telephone bill reduction consulting. And they find errors in phone bills when ah, the phone company has charged you for things that you didn’t ask for or overcharged you from what you were quoted, they will find those errors and ah, get reparation. Get money back for you. Who needs that fancy word? Reparation that’s not it’s. Not really. Even a reparation. They get your money back from the from the greedy phone company that miss build you and they’re being they’re at t brc dot com the the show segments today corporate coffers and committee conned fab remind me of a ah, a bit. That was on the johnny carson show in nineteen sixty eight and johnny’s guest was jack webb. He was the star in creator, a creator of the nineteen fifties and sixties tv show dragnet and his character on the show was lieutenant joe friday. So i want to play this for you from johnny carson show nineteen sixty eight my name’s. Friday. I’m a cop. I was working general robbery when i got a call from the acme school bell company. They’re gonna rob, been a robbery. Guess what, my clappers. Yeah, your flowers. Yeah, you know, sings inside of falik makes a claim. The players that’s, right? We got on clappers in business, okay, hyre what’s that things are not going back. What kind of plans were stolen on this case or copper clappers? Where were they? Osili you have any ideas who might have taken the copper clappers from the plaza? Well, there’s one, i fired-up manage where he’d get even. What was his name? Latto cooper. You think that’s, right? I think what? Cooper got my cover. You know, with his plot, cooper is from, yeah, cleveland. Yeah, things. What makes it worse. They were clean, clean, copper clappers, right, what do you think? Cleveland’s plug cooper would come pure clean cover covers. Only one reason. What’s that. He’s a kleptomaniac. Over discovered the copper clappers were coming. My cleaning woman, clifford. That figures see if i got the facts straight here. Player clipper discovered your old copper clappers kept in a closet. We’re coming by. Clark cooper. The kleptomaniac from upleaf kayman now is that about. Latto what’s that fiver text. But romania. Claude hooper, from cleveland kopperman clean copper clappers, were kept in the closet. Yes, back-up clobbering. Excellent. Nineteen. Sixty eight. Johnny carson and jack webb. That is tony’s take two for friday, seventeenth of february sixth show of the year. Jean takagi is back. He’s a manager. Tony, you know what to say. Hello, eugene. Look, the guy doesn’t even know the protocol has done this. I don’t know forty times or something. Hang on there, gene. But hello, gina’s managing attorney of neo the non-profit and exempt organizations law group in san francisco. He edits the popular non-profit law blawg dot com and is gi tak at g tack on twitter hello jean takagi it’s been nearly that’s, right? Your it’s, your excitement, enthusiasm i it’s exudes the audience and the and the guests. We can’t help it. Okay, we’re talking about committees this week. You are concerned that whether where you’re questioning whether there should even be bored committees right aboard doesn’t necessarily have tohave committees. I’m just questioning the concept of whether every non-profit should have committees, and particularly for small non-profits with small boards of directors, committee’s may make sense, and sometimes they may not make sense, but there are a lot of kind of misconceptions about whether you have tohave committees. Okay. And what what is what governs? Whether you, whether you have to or not, basically, i mean, you know, the usefulness of a committee is where aboard has got a lot to two, got a lot of governance responsibilities, and they may want to delegate some of those off two smaller groups that might be able to address the civic issues with more focused expert teeth. And, you know, it may be particularly helpful to be able to recruit persons outside of the board, to participate in committees as well. So those are good reasons for having committees but it’s not a good reason to have a committee if you largely just bring people in without much direction. They sit around talking, you know, come up with a few pieces of advice and share it with the board, who sort of disregard that advice and decides on their own what to do. And a lot of committee members feel very disempowered and not very productive or feel that it’s not a very productive use of their time to participate on committees, and they largely become ineffective. Yes. So there are clearly issues of efficiency on dh or inefficiency, let’s. Get some some terms down. We could have standing committees. We could have ad hoc committees. We can have a task force. Can you help explain these? Sure. Well, typically, you know, standing committee, the committee that has a perpetual existence until you know the board or some body decides that that committee doesn’t need to exist anymore but talking generally perpetually existence and ad hoc committee is usually organized to address a specific task on dh at hot committees are often referred to his task. Of course, taskforce is, although i don’t really see the difference between the two. They have defined life spans, and usually, when the assigned task is completed or can’t be furthered anymore that’s when when that committee saw what would be an example of something that an ad hoc committee would would be working on, they might work on the capital campaign or ah, particular event, for example. Okay, i saw some examples of leadership transition to if they’re if we’re in search of a new ceo. Yeah, absolutely. That’s. Another great example. Okay, it was just a good but now it’s just it’s. Just a good one on important. Well, thank you. Okay. Let’s, see, eso now weaken also have board committees and advisory committees. And you mentioned having people outside the board on committees. So can you help us understand this? This distinction? Sure. You know, i think it’s a really common misconception that you can have somebody that’s not on the board served on a board committee. First distinction is that a board committee is made up of on ly board members and nobody else you can have other committees that are not bored committees. And they could be delegated with authority to andi, those other committees non board committees order for them to right now, khun b, composed of both directors and bond directors or simply just non directors. People from the outside and why i actually prefer the term non board committee latto advisory committee is that these committees could be delegated with management authority and they can have significant authority. But the difference between the board committee and these non board committees is that only a board committee can be delegated toe act with all of the power of the board and there’s certain limitations to that authority as well. But boredom it ease can act in place. Of the board, in many, many circumstances where as a non board committee could not actually do that for pete’s sake. Okay, so non board committees, though, can be can be authorized by the board. Teo, do some narrow function or something, right, but not but not be delegated all the responsibilities of the board is that is that is that correct? Yeah, so they can actually have substantial authority, but they can’t act in place of the board. So where aboard action is necessary. Often times it will say a board or a board committee can take this action, but a non board committee would not be able to do that. What a non board committee might be able to do, though, is tio make decisions on fund-raising or on policy advocacy or program decisions, they might be able to approve a lease or something else. The board may wantto ratify those actions later and board oversight over committee actions is really an important part of governance, too, okay, and all the authority given a committee, whether it’s, a board committee or non board and i guess even whether it’s standing or ad hoc all is given from the full board. Is that right? Yeah. Generally that’s, right? So so the board of directors is going to delegate certain authority to to these committees, and they’re going to want to get some sort of report back from what these committees, if they’ve been given any sort of authority to take action so that the board khun khun, monitor and provide oversight over those committee actions. Now, i think the standing committees aren’t those aren’t those fairly common. Yeah, i think it’s it’s very common for organizations dafs standing committees, although, you know, i might venture a pretty aggressive guess and say that a lot of standing committee’s it’s not the majority of standing committees are pretty useless. Uh, okay, be careful for a lot of smaller organizations. A lot of standing committees are again not very useful in acting in place of the board, and they might be good for giving advice. But then there there might not be a need for perpetual existence on dh they’re off. They’re obviously going to be many, many exceptions to that, i would say generally, boards have to be very careful about having standing committees that are not active and that air not tasked with specific duties that feels very, very empowered to carry out the duties and provide recommendations to the board or take actions in place of the board if they’re bored. Committees or take management actions have there been delegated without authority? Yeah, otherwise, if these committees become ineffective and boardmember start to feel their time is being wasted, you’ve got a big donor relations problem among your most committed or formerly most committed volunteers. Yeah, absolutely. That’s. I mean, if you’re a boardmember tony, would you like to sit around at a committee meeting for two hours and then report back to the board and the board just listens to the report and then just move on carrying on businesses normal without taking any action on those? You know that reporter recommendations let’s, let’s, talk about the executive committee on di. We pulled listeners and you helped pole gene before the show. Thank you very much. One of the questions was, do you have an executive committee of your board? And ninety percent looks like maybe a little more than ninety percent said yes, and and the remainder said no? Nobody said not sure. So thes executive committees at least for listeners of non-profit radio are very common, but there’s pros and cons yeah, absolutely on dh. So, yes, i think executive committees, they’re probably the most common form of committee on dh they may make a lot of sense for a larger organizations, especially if they’ve got boards that have difficulty meeting on a relatively frequent basis and executive committee is a good way to continue to provide oversight over the organization in between boardmember ings and executive committee may be ableto act in place of the board. Teo, you know, pass like bank resolutions to open up a bank account and do some of the sort of ministerial duties that that boards need to do some time. So for those reasons, executive committee’s could be very valuable the danger or the primary danger. I think with executive committee, that if you over delegate authority to the executive committee, you could disempower the board so the executive committee could be the core leadership group that sort of takes hold of the organization and just creates a power discrepancy between the executive committee, board members and all the other board members so that the executive committee pushes through. Its agenda and takes all the action’s necessary to push through its agenda, leaving the rest of the board disempowered and feeling inactive and not very helpful to the organization at all. And just as he said before with back-up disengaging your your your biggest donors, which typically include includes many of your board members, you could do the same thing by giving too much power to an executive committee than this enchanting those boardmember donors who are not part of that committee, where do you draw the line? Well, not where? How do you draw the line about? If we are going to have an executive committee, how much authority that committee should have versus the full board or other committees who decides this well, it should be the board and that’s where way commonly don’t see anything defined in terms of limiting the executive committee’s authority and that’s, one of the sources of problems often by-laws say that the executive committee just can act in place of the board. Um, in between board meetings and that’s, the limit of the authority that’s been given to the executive committee, so they’ve got almost blanket authority to do almost anything. In between board meetings and that’s, not a good governance structure so e-giving specific tasks or limiting executive committee, too, performing only certain tasks, and maybe acting maura’s a reporting body to the rest of the board. Maybe the way too structured for most organizations, there are some organizations where the executive committee needs to be given a little bit more authority, but the board has gotta be ableto exercise oversight over those executive committee actions as well. So getting reports back at the next board meeting ratifying perhaps the most important executive committee actions taken after vetting the supporting information is really part of a board studio. All right, we’re going toe go out for a break. I want to send some live listener love, too. San francisco, california, rockland, california state college, pennsylvania and at least one person is masked in the u s so if i haven’t sent live listener love to you, you’re you’re masking yourself, and we know that you are the national security agency in in in suburban washington, in virginia, stay with us, jean, and i’m going to keep having our committee confab. 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 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 guests directly. To sign up, visit the facebook page for tony martignetti dot com. Podcast pleasantries out to everybody lift, listening on the time shift and especially listening. Not now, but he will be on twitter at counting charity. Brian, thank you very much. I’m glad your morning commute is so much better now because you listen to non-profit radio while you’re driving carefully, i hope you’re listening. You driving carefully? Are you? Are you at the speed limit or below? This is critical, brian. Thank you very much. We have listeners in iran. We have lots of listeners in china shen jin, non jing and others in china wishing you happy. New year cerini inquire chaillou. Okay, jean takagi. Um let’s say there’s a woman who wants tio these heir, not her words. These air. These are my words. There’s, a consultant who wants to basically kill executive committee’s. Eliminate them in all cases. Simone joyo. Do you are you familiar with her work? Or have you seen her around? You know, i think she writes for the non-profit quarterly. I believe that’s where i saw it on, by the way. She’s a safari also not a u f o r e. She has not attained the ultra designation yet. I have not. Bestowed it upon her, but i don’t know her that drug in jail for you, tony. I know you, weren’t you, jeanne. Now you were not listening in the first half of the show, jean you, if you were, i snagged you. If you were listening the first half of the show, you would know that the ufc ari, is something that i hold, which is an ultra advanced certified fund-raising executive. I hold it. And now, in the first half of the show, i bestowed it upon guest linda lacey kowski, but i have not bestowed it upon anyone else but that’s. Okay, gene, i’m sure you were prepping for the show. I know you were. I know you were busy thinking about our our committee conned fab conversation. So there are people who, well, simone, anyway, she feels very strongly about there should not be executive committee’s at all. I think it’s ah, great discussion, tohave for some boards. But, yeah, i think that’s, really just being provocative and stimulating, whether executive committee’s should really be granted with broad authority. I think, for the most part, especially with larger boards and boards that may be spread throughout the state or throughout the country. Executive committee’s still can be very useful, okay? But it’s a worthwhile discussion to have and your point earlier was that it’s the full board that should be deciding this, not just the chair and the and the ceo, right? And it should be in a good note that only the board can create a board committee and executive committee should be aboard committee. So executive committee should be a committee that’s composed of only board members. And if that that’s the case again, the board is the only body that can create an executive committee. The chair, the executive director they can’t commit. Create the committee themselves. Okay, how about staff support for board committees? What should that look like? Well, first reference, there’s. A great article in blue avocado that came out recently on staffing committees. And i recommend that all your listeners staff support of committees is just so crucial. It’s really important to make sure that the committees are well equipped with the information they need to carry on their duties and connected to what the organization is actually doing on the ground, and not just in theory and in documents so providing that support understanding for it, for the staff that better involved. In providing support to the committee’s understanding why the committee members are there and are looking to help the organization and understanding how to best communicate information to them and facilitate the way for the community committees toe act including, you know, figuring out how to get the information to them in the right form, within the right amount of time in advance of a meeting or an action that needs to be taken, providing them with the right facilities and, you know, even providing the right food and drinks that that’s the incentive to bring the committee together, all of those things could be tremendously helpful. We talked earlier about the advisory committees on another poll question for listeners was, do you have advisory committee or committees? And about sixty three percent said they do and the remainder well, about thirty, thirty percent said no, and then the rest weren’t weren’t quite sure so, like two thirds do have advisory committees let’s explore this little deeper than they could be valuable, you suggested it, but let’s go deeper in bringing outside expertise into the into the into the organization and supporting the board. Yeah, and i can’t emphasize enough. That i think an advisory committee and non board i’m sorry, non board. I meant non board. I know you. You prefer non board, i said, screwed that up non-profit ese well, and advisory committee can be okay for the bomb for committees that are delegated with management power. So if they’re going to strictly have advisory privileges, i like advisory committee. I don’t particularly like advisory board because board suggests that their board members with fiduciary duties, if you have fiduciary duties, you have potential exposure to personal liabilities for failing to live up to those duties. And we’ve talked about that. Yeah. So the great thing about being an advisory committee members if it’s truly advisory, you don’t have any fiduciary duty, and that makes it much easier to recruit individuals who might not have the time or it might not have the desire. Teo sort of meet all of the fiduciary duties of being a boardmember, but really, like the organization. Which case, you know, you can recruit them on an advisory committee. That committee might just meet once every six months. Or it might meet even less than that. Or it might just be a body. Of people who executive director can phone, you know, phone every once in a while just to bounce ideas off of on get they’re a pain in perspective, so in that way you could just really widen your resource pool, forgetting expertise and experience and perspective that might be missing from the board. And i just think it’s such a valuable tool that many organizations are able teo utilize, but a lot of organizations are really not taking advantage of the ability to do that. I think that’s a shame if they’re not it’s, not utilizing that that very valuable cool. It sounds very valuable for the, uh well, here we go. Very valuable. Yes, it sounds really useful for the for the ceo tohave that that list of advisors that he or she can call and pick their brains and, you know, sort of be even in, like, an off the record discussion because we’re not in a board meeting and we’re not talking to someone who has the fiduciary duties. Yeah, i think it’s so valuable to be ableto have that for for the executive director and the executive director might have know their own sort of clos. Closely held advisory body and the board might actually have its own advisory body as well on dh it’s, nice for the board to be able to participate and network amongst themselves. And, you know, boards have fund-raising responsibilities, as you often discuss with some of your gas. But acting is ambassadors to the organization and bringing in not just financial support but expertise to the organization and introducing them to people who might be interested. It can also result in future donors as well. And so i think advisory committees are just fabulous ways too. Teo grow the resources of an organisation. Just about a minute or so left jean i think i saw on your blogged link to a site called board cafe. Yeah. Are you familiar with that? Is that that? I presume? I’m pretty sure it was your board. Your your block. Right. So is that a resource that you’d recommend? Yeah, i think. Bored cafe was adventure. Initially launched by compass point non-profits services, based in san francisco. It’s, a management support organization that’s recognized widely is is one of the best in the country on dh. It may have been taken over by the the online magazine blue avocado i mentioned earlier i’m not sure that board cap they still exist. The blue avocado doesn’t that some edited by jan mathos oak of the california association of non-profits and is a fantastic online journal highly recommended for a number of non-profit issues, including h r and committees and what’s the name of that site again that she had it at blue avocados. It’ll be on, i think, blue avocado dot org’s okay, we have to leave it there, gene, thank you very much. Great, thanks always a pleasure. Jean takagi, managing attorney at neo non-profit and exempt organizations law group in san francisco, you’ll find him at non-profit law blawg dot com, and on twitter at g tak i’m back next week. Friday the thirteenth matt scharpnick explains elegant and strategic design what is it? How do you achieve it? And why is charity water so talked about also amy sample ward returns she’s, our social media contributor, ceo of n ten non-profit technology network and based in portland, oregon. If you missed any part of today’s show, find it on tony martignetti dot com remember there’s a g? Never mind we’ve heard enough. Of that. K m, u z eighty eight point five and one hundred point seven fm in oregon, salem, kaiser and the mid willamette valley. Welcome again, thanks so much for being with us. I do stand up comedy. I did a set last month, and the video is up at tony martignetti dot com. Check it out. Our creative producers, claire meyerhoff. Sam liebowitz is our line producer. The show’s social media is by susan chavez. Susan chavez. Dot com on the remote producer of tony martignetti non-profit radio is john federico. Of the new rules on music is by scott stein, with me next week for non-profit radio. Big non-profit ideas for the other ninety five percent. Go out and be going duitz 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 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 gifts. 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 expect it 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.

Nonprofit Radio for October 31, 2014: 10 Scary Scenarios & Treats In Tech Trends

Big Nonprofit Ideas for the Other 95%

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Gene Takagi: 10 Scary Scenarios

Gene TakagiIt’s our Halloween show, and Gene Takagi is back! He’s our legal contributor and principal of NEO, the Nonprofit & Exempt Organizations Law Group. He’s assembled a list of no-no’s that he sees too too often.

 

 

 

Amy Sample Ward: Treats In Tech Trends

Picture of Amy Sample WardAmy Sample Ward is back! She’s our social media contributor and CEO of NTEN, the Nonprofit Technology Network. She’s got takeaways from the 2014 Fundraising Technology Trends Study

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Oppcoll 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 and it’s halloween happy halloween! I hope that you do something fun for yourself or with your kids. Do something fun today i want to welcome again opportunity collaboration if you’re listening from that wonderful unconference that we were all at two ragas is three weeks ago now welcome welcome to the show, a pleasure to have you from opportunity collaboration in stop of mexico and i’m glad you’re with me. I’d be forced to suffer with clinical vampirism if i had to swallow the fact that you missed today’s show ten scary scenarios jean takagi is back he’s, our smart legal contributor and principle of neo the non-profit and exempt organizations law group he’s assembled the list of no knows that he’s seen too too often and treats in tech trends. Amy sample ward is back she’s are savvy social media contributor and ceo of n ten, the non-profit technology network. She’s got takeaways from the twenty fourteen fund-raising technology trends study between the guests on tony’s take two possum shooting responsive by generosity, siri’s hosting multi charity five k runs and walks and i’m very glad that gene takagi is back month after month. I love it. He’s, the managing attorney of neo in san francisco, the non-profit and exempt organizations law group he edits the popular non-profit law blogged dot com and on twitter he is at gi tak gt a welcome back, jean. Thanks so much, tony. Great to great to be back. And i’m glad to hear you had a good time with opportunity collaboration. I had a chance to go a few years back, did you? You were there a couple years ago. I wass oh, it’s ah, it’s really wonderful experience and it demeans it to call it a conference. It’s it’s, it’s definitely an unconference absolutely wonderful. I i didn’t know you had been there. Cool. All right. Are you thinking about going back? Twenty fifteen? Maybe a couple years down down the road. I would love to go back. Okay? It is very special all around poverty alleviation. So you’ve got some some scary scenarios for us for the halloween show and, uh, one of them is being sued. Yeah, absolutely. I’m probably one of the most terrifying things. For for a non-profit as we go through our list of ten non-profit nightmares getting sued, and particularly if it’s by an employee for something like discrimination or sexual harassment, wrongful termination, privacy violations that can just be terrifying and it’s just, uh, more common than people might think. Yeah, i get well, first of all, you have to credit unite non-profit nightmares. I didn’t think of that one. I thought of scary scenarios. I like non-profit nightmares better. Actually, i wish i wish you wish we had said that. All right, but we’ll stick with scary scenarios. Yeah, seeing your organization and it could even be you individually, right on the on the wrong side of ah, of the little v that stands for against it’s ah it’s. Very disconcerting. Yeah, absolutely. And it could be the nonprofit organization itself. Or it could be one of the non-profits leaders, manager, executive, director or even the board of directors who could all be serving in volunteer capacities, finding themselves on that other side of the law on dh there named as individuals. Right? So they have they individually have to come up with a defense happen and all the legal. Costs that are involved unless they have some sort of insurance that’s going to protect. Okay? And we talked about that. That would be the directors and officers insurance. Yes, you know? And if we’re talking about an employee lawsuit to make sure that directors and officers insurance has some sort of employment practices, liability protection involved, employment practices, liability protection, okay, so if you’re so that’s, what that’s to cover you if you’re sued for some kind of a discrimination in discrimination action? Yeah, discrimination, sexual harassment, wrongful termination, all those type of claims. Okay, way have talked about that. Do you know our directors and officers liability insurance? Very worthwhile having don’t you know, i’m not sure we did mention before i think it’s a majority of all employers that have face to claim sometime within the past five years, i think it’s a little less for non-profit employers with directors and officers insurance, but the average settlement again from some of the materials i’ve read between thirty and forty thousand dollars average defense costs, if you decide to go to court with it, could be about the same, and two thirds of the court cases favor the employees or the plaintiff against the non-profit or non-profit leaders so something really aware of and try to mitigate those risks? A majority are sued on that that’s on the corporate side, more than fifty percent. I’ve haven’t think overall employers over or some sort of claim, okay, past five years. And if you go to trial there’s a two thirds likelihood that the employer is going to lose is that right? Yeah. That’s what i’ve read, i don’t know it, and i think it varies amongst your jurisdiction. So i think california might be, for example, a little bit more employee friendly states like delaware, maybe a little bit more employer friendly. Okay. Okay, well, i trust that you’re reading reliable sources. So when you say through your reading, it’s reliable, i believe you. I believe the sources do that. You trust what else? We have something else we’ve talked about. Excess benefit transactions bother you? Yeah. I mean, that’s, that’s. Something really scary. And just for yeah, for people out there who might not know what that is. That’s basically just excessively paying one of your directors or officers or a family member of a director or officer. Or a business that’s controlled are owned by by one of your directors or officers. We just call them insiders, and when insiders get paid too much there, if they get caught, they’re going to have to return that excessive amount on pay a penalty tax, which could be twenty five percent of that access. So if you overpaid by ten thousand dollars, for example, the penalty would be twenty, five hundred. If you overpaid by one hundred thousand dollars, the penalty would be twenty five thousand. But the scarier thing is that if you don’t correct that within this given time period, basically, before you get assessment on an assessment from the irs, the penalty jumps up to two hundred percent of that excessive amount. So instead of twenty five hundred dollars penalty for a ten thousand dollar excessive payment, all of a sudden you have to return the ten thousand dollars and pay twenty thousand dollars in a penalty tax free iraq. So it could be a really, really scary thing and one of the major irs tools they have against preventing that type of self dealing type transaction to occur. Oh, that’s, the tool, the penalty, the penalty tax and it it really can be pretty harsh. The the other scary thing about about this is that the irs can actually even penalize the board members who approved that transaction, even if they didn’t benefit a benefit from it if they knew that transaction to be excessive, or they reasonably should have known that it was excessive and didn’t look into it. So even board members who don’t benefit from it can be hit with a penalty tax that would be equal to ten percent of the excessive amount. So they got a really careful, and we talked a little bit about this, but and there are procedures to help shift the burden of proof so that if the irs claims that you paid excessively, if you follow these procedures, which are it’s going to get me into jargon jail, you yeah, i know. But, you know, you were thinking over you’ll get yourself right out. You did last time. Do yeah. It’s called the rebuttable presumption of reasonable miss procedures and basically what it means is that there’s a presumption that the compensation was reasonable if you followed the steps and basically it’s just the interested party discloses the interest to the board. The board votes on it in the majority who are not interested in that transaction favorite. And they based that that approval on comparables that are that are reasonable comparables for that. And if you do that, then the irs has the burden of proof to prove that it was excessive. The irs usually doesn’t want to go through all of that, so they’re going to pick pick lower hanging fruit to go after in most okay. And the last time we talked about this was the march twenty second twenty thirteen show. If anybody wants to go back and we did talk a decent amount, i think about that that reasonable, the presumption of reasonableness on dh what what the cops should look like and things like that, okay, yeah, i mean, there’s, some really there’s, some serious penalties. Now, these are things that you see, right? Yeah, we see them fairly often if you if you make a payment toe one of your insiders and you don’t report it to the irs is a payment and they don’t report it to the irs. Sometimes people call them stipends and things and nobody reports it anywhere, and you get caught with that that’s automatically and access benefit transaction there. There doesn’t have to be any investigation. If that happened, you’re automatically hit with that penalty tax, so be very, very careful. All right, we have ah, we have a bunch more to go through. Ah, ten scary scenarios non-profit nightmares were going to go out for a couple minutes when we come back. Jean, i’ll keep going. 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 dahna welcome back to big non-profit ideas for the other ninety five percent. Gotta send live listener love and let’s start abroad. I wonder if some of these listeners are from from opportunity collaboration mexico city, mexico when a star dies, sir j frantz, bonn jur, dusseldorf, germany, gooden, tog and lots of asian listeners, many in japan, tokyo, hiroshima, mito, kyoto, konnichi juana let’s come back to the u s new bern, north carolina live listener love, beverly, massachusetts and woodbridge, new jersey there’s. Lots more live listener love coming, of course, podcast pleasantries to those of you listening wherever you may be at whatever time you’re listen, whatever day, whatever activity you’re doing pleasantries to the podcast crowd almost ten thousand of you, jean let’s, continue with our with our non-profit nightmares. I’m taking on your non-profit nightmares because i like it better than my scary scenarios. What else you got for us? Nightmares or scary scenarios. My third choice is not withholding and cheering, paying payroll taxes. That is just a terrifying things. Look at gene’s got sound effects, some affection sound effect from san francisco about that because it’s, often done because of poor budgeting at organization, doesn’t have enough to pay payroll taxes and decided to defer payment and make sure that it’s making payroll in paying vendors on dh just ah, delaying or deferring the irs payments. But if you don’t pay payroll taxes, there are very, very harsh penalties and interest. Ah, and the scariest thing about that is directors could be personally liable, and i’ll repeat that again, volunteered directors could be personally liable for paying the taxes, the interests and the penalties that hadn’t been properly withheld in paid because the attorneys generals may think this isn’t she shouldn’t be paid with charitable resource is this is a deficiency or breach of fiduciary duty, and it really should be paid by the directors, so not withholding and paying payroll taxes really, really scary. Damn all right, and a lot of personal potential liability. This is the independent contractor versus employee, right? Well, that’s another way, there’s the first way. That is just not saying it because you’re paying other. Okay, okay, having an employee, but not paying. It. And then the other is misclassifying someone as an independent contractor to avoid paying it exactly right. You might not think you’re doing get to avoid pay. You might just think, well, i have a choice as an employer whether to classify a worker’s, an independent contractor, an employee. But of course, you don’t necessarily have that choice. Your guest. A few weeks ago, i had explained that’s, right? That was you eat huge tomb and he’s a c p a. And that show was on june sixth, and i have a guest here in the studio, jessica allen, who was a bookkeeper, and she’s nodding her head vigorously. Yes, to everything you’re saying. Because clearly, jessica sees this mischaracterization a lot or the failure to pay the taxes. Yes, both. Yes. Just kisses on both. Uh, whatever the june six show, we talked a lot about that with huge tomb. What else you got? So the next one i have is endorsing a political candidate for public office. And five a onesie. Three’s air definitely not allowed to do that. And the penalty can be revocation of their tax exempt status so they can lose their five. Twenty. Three status if they endorse a political candidate. Now, i think most organizations are savvy enough not to go in directly endorse a candidate or make a political contribution to a candidate, but they can also happen unintentionally just by inviting someone to speak at a charity event who might be an incumbent. I’m not giving them explicit instructions that she or he can’t campaign at the event or creating a legislative scorecard that compares candidates on a select number of issues important to the non-profit but it’s not done in a non partisan manner. Okay, so it can be done, but it has to be ah, has to be done equitably fairly across all the different opinions. Yeah, you’ll sometimes seemed the organizations like the legal world women voters come up with with legislative score cars and and they’re going to be a comprehensive look att just a broad array of legislation in how that candidates particular candidates foreign office may have voted in-kind such legislation, but they’re not going to just be selected to important issues to that non-profit their going to cross honore of areas and that’s that’s the way to do it nonpartisan if you just sort of select the things that are important to your organization, whether it be women’s rights or an environment or climate change, then you can really get in trouble that way. Okay, you can also get in trouble in social media, like on when someone posts on your facebook page, for instance, yeah, absolutely. So imagine somebody posting on your facebook page that you should vote for a political candidate for public office and you moderate the page. So you you really cleanse it of any defamatory statements or anything like that. But you don’t you leave those items up there? Well, that could be seen as tacitly endorsing the candidates enough, and you’re responsible for that for that facebook page, and you have that control. So by leaving it up, you expose yourself. Now what if you what if you don’t monitor your facebook page? Well, that makes that makes it a little bit more tricky. T now that we would just advise people to be careful of that anyway, because there’s all sorts of statements on that facebook page that might get you in trouble in other ways. All right, so that’s, why you leave them up? Okay? But it becomes more of an issue that you’d have to take a look at all the facts and circumstances if you don’t moderate it all. And there are few political endorsement from the general public, not from your staff and not from your volunteers, but from the general public. Okay, on dh, you can also get into trouble if someone makes a personal endorsement, right? And then it gets perceived to be organizational. Yeah, so you’ll see a lot of times, executives or sometimes board members endorse a political candidate, and their affiliation with the non-profit is going to be listed in that advertisement, or or endorsement. And if it’s done properly, there’s going to be some sort of disclaimer there that says that the organizational affiliation is written for ours, included just for identification purposes and in no way shows that the organization is also endorsing the candidate. But without that disclaimer, it might be seen specially if it’s an executive director or chair, the board that the organization self is improperly endorsing a political candidate again could jeopardize the organization’s exempt status. Okay, so so a simple disclaimer will cover us there. Yeah, but the, you know the non-profits not in control of that page. So you’ve got to make sure that your executives know if they’re going to allow their names and the organizational affiliations to be put onto a newspaper or some other advertisement for the benefit of a political candidate that they insist that that disclaimers there and the penalty for this is pretty severe. You mentioned loss of your five a onesie three status? Yeah. Is that all you want? You got to say more than. Yep. Come on. Well, i mean, how often does is how often does this happen either, yet either say more than yet, forgive me the living in that scary, that screaming which again? But, you know, so, you know, i mean handup okay, how often do you see that? That that sanction? Uh, you don’t see it very often because organizations are usually pretty good about it. And if you you know, if it happens once or twice tow an organization over a number of years, they might be a little lax about it. But if it combined with other things that show that you are really pushing it on endorsing political candidates, if not directly, indirectly then then you do see a few times i wouldn’t i wouldn’t say it’s a very common, but you do see a few times organisations lose their tax exempt status, and whenever it’s election season we see it more. I presume you would get a warning letter from the irs first depends how how bad your other activities are in terms of endorsing. So we talked about that legislative score card if you did that in a partisan matter, if you were allowing the particular candidate teo, get mohr you side of your organizational resource is than other candidates for the same office, and it showed that you were really acting in a partisan manner on a particular election, there could be a complaint from the other side and it’s the complaint that would likely launch the audit or investigation and that’s where you could be in danger of losing your tax. That man you get, the irs is investigating you, even if it’s not, we’re not even talking about a tax audit here. We’re talking about activity around election hearing i just that’s something i don’t think you want. I don’t think you want any government agency pouring through. Your emails and your social media pages, and i don’t know what else they would look at internal communications, maybe boardmember it’s oh, man, that sounds like a really nightmare. Talk about nightmare. Yeah, and on the other hand, tony, you’ve got to be careful not to tell any individual staff members, including your executive, that they can’t endorse political candidates because, of course, they have constitutional rights that they can as individuals endorse anybody they want, but they just can’t use that organizational affiliation without some sort of disclaimer. Have you ever been through an audit like this again? Not talking about tax, but whether it’s election hearing or anything else? Where the where the irs was questioning the activities of ah, of someone you were a client, you’re representing an organization? Not to the extent that they were threatening revocation, but we’ve certainly dealt with dad let’s examinations of political statement. Yeah, what is that? Like? What? How detailed do they get? Well, maybe that’s segways into my next nightmare and that’s having the i r s or the attorney general audit your organization regardless of whether they find anything writer or wrong it’s usually like when somebody surprises you and visit your home, or at least my home, and you haven’t had a chance to do any housekeeping that, you know, if you really dig in, teo, be probably confined all sorts of tiny little buy-in actions and one on a while you might be able to find more bigger violation that you don’t want to get out there, either to the irs or to the general public, including your donors and supporters, because they could be very embarrassing to the organization that going through an i r s or attorney general audit that, you know, if you’re lucky, it’s it’s, a correspondent, thought it, meaning that they’re just asking for paperwork. Okay, unlucky. They come into your office and they lived there basically for weeks and maybe even months or even longer. What are they doing? What are they doing? For weeks and months? They’re scouring all of your books. They’re interviewing employees to see whether you’ve done anything right or wrong right now they’re looking for something wrong. Yeah, and hopefully you’re telling them all good things so that you stay out of trouble, but if they’ve got reason, if they feel like they’ve got reason to investigate you, they could be in there for a very long time looking for for for that dirt. So you’ve got to be very, very cautious, damned if you’re going to if you get any sort of notice from the irs or your your state’s attorney general that they’re going to conduct some sort of audit on your organization, contact an attorney right away. You want to make sure that you’re prepared so you can get your house in order a little bit before they come. And if you don’t have the right policies in place to sort of mitigate what you know, poor responses they may have of your organisation, that that you get a chance to develop those policies during that interim period before they come. So at least you could say you’re proactively taking steps already even before they’ve noted anything. Do you have to give them office space? I mean, what if you tell them our officer’s? You know, it’s very crowded here, there’s just no desk space available for you. Can you keep them out that way? You know that we don’t have a phone or desk outlet stores, outlets, outlets are very scarce is that yeah, if you’re very very tiny than then, you know, there may not be a facility to sort of for them you’re right about that. I mean, keep them in the hallway or something, or in the elevator shaft or down in the lobby, maybe wherever it’s going to be, you’re not going to be a very pretty sight, but if you have your books in order and you’re giving them information and you’re very cooperative and you have a very active board with good minutes of board meetings that show proper due diligence that’s really going to help you in an audit, but if you’re careless, if you don’t have a lot of policies, if the board is really just rubber stamping decisions of the executive that’s going to be pretty evident quickly and an audit and that’s going to make him stay longer, well, that’s yeah, exactly, and we’ve talked about this before, too, but i’m glad we’re reiterating. Not following your own policies on dh you you cite a good example of governance policies when an organization says that they want to follow robert’s rules of order? Yeah, i mean, so you know, i often see by-laws of organizations that say we will follow our we must follow robert’s rules of order, which is, you know, six hundred to seven hundred pages that’s updated every once in a while every couple of years, and you’re you’re agreeing to incorporate all of that as rules of your organizations. And for most charities, that just doesn’t make any sense, and it creates all sorts of possibilities for a dissenting director or a dissenting member to find a procedural defect in those six hundred pages that you didn’t comply with and reverse or stop any action that the majority of the board might have wanted to take and thought they had taken all the center just to be hit with this, you’ve got a procedural defect, i’m questioning the action and going to reverse it, and maybe i’ll sue you if you if you say that you just disregarding my statement because our by-laws say we’ve gotta follow these rules. I see. Okay, so it’s as if it is incorporated into the by-laws okay, we just have a couple minutes left, and i know there’s other things we want to talk about, um, but we won’t be able to spend quite as much time the you could be you could be perceived as a private foundation, even though you’re a public charity. Yeah, most public charities become public cherries by passing this math tests, the most common test is a one third public support test that’s measured over a five year rolling period. And if you get enough small donations from the general public, you’ll meet that test. But one big private foundation grant, especially if you’re on the borderline of that one there’s support one big private foundation grant could tip you over into public chair, i mean, into private foundations status, and if that happens, most private foundations will no longer make grants to you because they only make grants to public charities and not the other private foundations. So it’s a very, very terrifying concern for any public charity that sitting on the borderline of their public support especially if it’s lower than one third and they’re going to get a big private foundation grant. Okay, way. Have to move on. What else? What’s another one napor ten delegating things to individuals you don’t know very well so maybe you let your volunteers run. From events for you, but you don’t do background checks on them, it’s kind of like, would you allow someone to care for your child without checking on their background? Probably not. I hope not. But would you allow volunteers to take care of other people’s children without checking on their background? Maybe in a kind of summer camp situation? Or do your employees, board members or other volunteers you know, have they been vetted and trained to be responsible for activities that you’ve told them to be responsible for? How how are these supervised? Okay, they embezzle or engage in fraudulent activities? Did anybody conduct a background check before they were put in a position to be able to do that? Those air, all terrifying concerns for me, there’s one around social media, which i am going to summarize for us, and we’ve talked about it and amy sample ward and i have talked about it too, which is making sure that you have a social media policy. And why don’t you give us our last one of the ten nightmare non-profit nightmares? Gene? Sure, signing a contract if you can’t live up to it, you know you get hit with breach of contact. You damage your reputation. Maybe you can’t make a required payment or you can’t deliver the promise. Good or service or you rep misrepresent facts that you said that were true inn representations and warranties in the contract that you didn’t carefully check. You do that you can really hurt your reputation. You could get sued very, very ugly non-profit nightmare jean takagi, managing attorney of neo non-profit and exempt organizations law group in san francisco. You’ll find him on twitter at g tak. And you also and it’s the non-profit law blawg dotcom. Thank you very much, gene. Always a pleasure. Great. Thanks, tony. Have a great halloween. Thank you. You want to go to which one more time, can you? I don’t have that it’s. Not cute up, which is not cute. Okay, that’s. Right. All right, that’ll do. Thanks, jane. I think that generosity siri’s they host five k runs and walks and into sunday’s on november ninth. I am seeing their new york city event for them. With them. They’re expecting about three hundred runners in riverside park from nine different charities. So think about that’s. Roughly an average of thirty. Runners and walkers for charity. No organization could run an event with thirty people. It would be a disaster. You would cancel it, cancel it if you had only thirty thirty participants but generosity siri’s puts a bunch of charities together, creates a community among their charity partners. They all raised money individually for each of their own causes. And they come together. And now there’s three hundred participants. So it’s going to be great fun and charity. Sorry, generosity. Siri’s also takes care of all the background work, like the medals and the licenses from the parks department and nypd and the sound system and the finish and start arches and the port a potties. All this stuff that you would have to deal with if you were running five k, they take care of it all. They have events coming up in new jersey. Miami in philadelphia, of course. Too late to join the new york one, but new york. Sorry, new jersey. Miami in philadelphia. David linn is the ceo there. Please tell him you’re from non-profit radio. Give him a call because i’d like to talk to people that’s the way i do business seven one. Eight five o six nine triple seven and of course, they’re also at generosity siri’s dot com this week’s video on my site is possum shooting and also giving tuesday twenty fourteen you’ll have to watch teo get the possum story, but giving tuesday is the tuesday after thanksgiving that’s december second this year, and on the site i’ve gotta round up of links to a bunch of videos and e-giving tuesday, tools and advice from people contributing to giving tuesday beth cantor is among them catch a fire dot org’s among them bunch of others, i hope it’s a valuable roundup. I’ve been getting some good replies on twitter, so i think it is and that is all at tony martignetti dot com that’s tony’s take two for friday thirty first of october halloween forty third show of this year. Amy sample ward is with me, she’s, also on the east coast, just like jean but she’s up in portland, oregon. She’s the ceo of non-profit technology network and ten her most recent co authored book is social change any time everywhere about online multi-channel engagement it’s an outstanding book her block is amy sample, war dot or ge? And she’s at amy, r s ward on twitter. Welcome back, amy. Thanks. I think i think you’re tricking people because it’s halloween, it’s the west coast, not the east. Then i say you’re also on the east. Then i say here and i say that portland is on the east coast. Yes, there is. Portland on the east coast is just not the portland. Where i said is that we will be portland, maine, right? Right. Okay. Sorry about that. Thank you. Know where? Jean and amy how’s your halloween going over here on the east coast. It’s going very nicely. It’s a look. Cool. Ah, a lot of kids in costumes and makeup. It’s fun. It’s fun. Good. Are you doing something for your halloween? Uh, well, i think for the first time, probably in my life, i will be living in the house where we could have trick or treaters. So we we’ve bought probably more candy than is reasonable, but we’re very excited to have some trick or treaters come by. Excellent that’s. Right? This is your first halloween owning a home. Congratulations. That was during the summer. You got it, right? Was like junior you. Are very good. My voice just cracked like i’m fourteen very good you’re just so excited about trigger traitors. Um okay, so you’ve you’ve come through the fund-raising technology trends study for us who this is ah, find accounting software dot com right in partnership with a f p a f p and find accounting software dot com and i want to thank adam bloom ner for bringing it to my attention. And then ah, you, you and i decided it would be be good. Good for discussion. Yeah. What did you find in there? It’s. Interesting. Well, i mean, i think there’s a lot that’s interesting in their andi i like the way that it is kind of broken out into different areas of interest. So one of the first pieces that i thought would be interesting to pull up because i think this is a big area of mis conception for organizations, and that is that, of course, that your organization is bigger. Well, then you’re just goingto automatically do better on that’s. Not necessarily the cases they found in their report. Focus on fund-raising, but also something we see at antenen our research just generally about technology. And and organizational effectiveness simply having a bigger budget as an organization does not have any correlation to you doing better to doing better work to being more effective. Yeah, just a good tone to start with that even if you are really small organization, it doesn’t mean you can’t be, you know, increasing your your fund-raising revenue year every year, you know, just like the bigger organization, yeah, it was very uplifting, your right to see those they had a bar chart to see small, midsize and large organizations all pretty much equivalent in terms of fund-raising fund-raising revenue growth. Yeah, exactly. And you see the same thing i mean, ultimately, i think it, you know, not necessarily a so just sit back and relax we’ll you know, just because you’re small, you’re probably doing better, but at least releases you from feeling like you don’t have any hope of of doing better because you’re small, but of course, you need to be paying attention to what is going to help you be affective and what’s going to help you be, you know, pretty savvy and your fund-raising i saw that on ly twelve percent of organization cited standing out from others as a fund-raising challenge. And so i think that’s related, you know, there are very few people are seeing that as a problem getting getting their message clearly heard, right, which is charging for small i mean, yeah, i definitely thought that was interesting because i feel like that is something that gets talked about a lot, you know, there’s there’s certainly plenty of fund-raising blog’s or, you know, tips and tricks for your fund-raising where it all focuses on really trying to share your unique message and, you know, show how you’re different from other organizations on dh for very few people, you know, only twelve percent said that was an issue, maybe that’s because they think they’re doing really well or leaving it because they haven’t thought to try and address that. Okay, yeah. Could be okay. Yes way do hear that a lot that, you know, how do i stand out? And you and i have talked about hundreds of strategies and tactics for making yourself unique to your to your constituents. Yeah. What else? What else did you see in there? Well, i’m kind of on that same lens. I thought that it was interesting that they found that many of the survey respondents did not cite technology as their biggest issue, but many of their biggest issues that they sighted. We’re somewhat related to communications on dh when i think i struck me about that, is that that it almost assumed or implied that technology wasn’t a part of those kind of communication issues? And i think it very much is it? If you have, for example, you know, a database that’s helping you track if someone has ah, you know, opened different email messages, even if they haven’t donated you can get a better sense for how to communicate with them, you know? You’re getting them to open the message, but they’re just not taking action, you know, i think there that’s just one example, but there’s so much that technology can do to help you understand how your communication is working and or not working, you know, and what to try next, you know, technology isn’t just this database that’s it’s over here by itself, you know, it’s really kind of underpinning all of those different communication pieces, whether it’s, your actual messages you’re sending out or your communications plan. Or figuring out, you know which messages works. And we call this on dh the survey, those two communications issues, i think of them two as relationship issues because they they’re talking about things in there, like deepening relationship. These are things that were questions deepening relationships, um, converting interest into donations on getting larger donations. I think of those as you know, this, i guess it’s anonymous, but i think of it all as under the rubric of relationship building, definitely on again, you know, i think there’s this tendency to kind of think of of it is two different buckets that are totally isolated from each other there’s relationship building and fund-raising which is having that gala, everybody being in the same room, you know, or taking that person out to lunch and learning about what they’re interested and and why they’re maybe wanting to support your organization and then almost as if all of that has to be totally separate there’s this idea connections not even relationships, but just connections online, people that are, you know, on your facebook page or on your email list, and i think we really miss miss the opportunity to tie those. Together, people that were at that gala event that also are on our email list and we should be, you know, creating messages that recognize they were at the gala and not just that they’re a random person on the email list, you know, really connecting those two worlds so that we are creating deeper relationships because it’s not sustainable, to think every week you’re taking that person out to lunch, but if you think about, you know, a couple times a year taking them out and then every week having something relevant, teo, email them about mean that make a man could make a huge impact in that individual feeling like they’re connected to your work and that’s deeply related to the stuff you and i talk about what we say multi-channel you know, multi-channel strategies you have, you have your real life strategies, the online and then multiple, you know, multiple within both whether it’s lunch, gala parlour events you know face-to-face live or whether it’s email you’re blogged, twitter, facebook, whatever is appropriate, you know, online and yes, we’ve said this so many times, but it’s always critical, you know, and it’s it’s it’s hard for some. Organization to implement, they don’t think that way, right? But i think it’s, because organizations that don’t think that way are thinking about it as an organizational, um, process there thinking we have this message and were sending it out over here. Some other staff person is, you know, planning the annual gala, some totally other staff person is the one who probably go, you know, maybe the executive director who’s going out meeting with people and we don’t ever stop to create a better process inside the organization that reflects those people are humans, they are individuals, their experience with us is not divided up by which department we work in their experience with us as an organization. So if we aren’t connected across across the staff, you know, if we’re saying that the person working on the gala just kind of keeps their own list and is doing their own job and everyone that comes to that it’s totally separate, well, we’re never going to create a very good relationship with all those people because we’re never going to recognize oh, there also on our email list or a couple of them actually did go out to lunch. With our executive director, you know, they’re gonna have this really stop and start relationship with the organization. Yeah, very narrow. Well, yes, when the organisation looks narrowly and myopically. Right? Right. Okay, well put now, there was good news about technology in the study as well. Definitely. I was really excited to see some of the findings they highlighted specifically to the technology tools you know, the survey respondents were using first super great indicator was that theorems were ah, leading tool that organizations were using a sierra meaning york your database and what what’s happy about that? What? What makes me really excited is that that says to me, organization are moving away from this kind of not ideal, but also, i think, set up not out of intention, but just out of happenstance and that many organizations have you no totally separate email list management, a totally separate database for people that are coming to their events and registering to participate totally separate database, you know, for people who donated and seen organizations invest in having one central database where all of that data can live doesn’t just i mean, it’s probably less crazy making in-kind the organization, because everyone has all of these different, you know, databases in place, but it also means that the organization their position to have those those relevant messages to be able to communicate about what people have really done. If all that data is in one place, you can actually create an email that says, hey, tony, thank you for coming to the gala last week and here’s what we like you too dio, you know, because you’re able to pull from the database and know who came, who donated in the past, who attended a separate event, you know, and really use that data to your advantage to make message is much more relevant. So i think that a really great indicator, okay? And there was some as well, uplifting news about use of analytics. Oh, doesn’t i mean, i was actually surprised that it had even been added to the survey because i feel like it’s so often overlooked, really excited that, you know, for them putting the survey together, they included that as an option. And so many people said they really are using web analytics in there in their fund-raising on and that’s not because somehow in the analytics your, you know, getting donations from people but that’s where you’re going to see, you know which pages on the web site are people just dropping off? Which pages could we optimize better? You know which pages air people actually clicking on and staying on a long time? You know what content there is that where we have stories about our impact, you know, you could just learn so much about how people are using or ultimately not using the website. You can make a lot of informed decisions about which content to upstate you know, you probably don’t need to update your entire website, but using analytics you can figure out maybe there’s a couple web forms, maybe there’s a couple sign up pages that really you’re just losing so many people? What did you just focus on updating those and making it really easy and see a really huge difference? We got to go away for a couple minutes when we returned. Of course, i mean, i’m going to keep talking about treats in tech trends as we look at the twenty fourteen fund-raising technology trends study, 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 guest directly. To sign up, visit the facebook page for tony martignetti dot com. I’m rob mitchell, ceo of atlas, of giving. And you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. More live listener love got multiple us locations, but they’re they’re massed for some reason, we don’t know, you know where you are, so i don’t know if you’re with the nsa or with some other three letter agency of the government, but multiple u s cities or their live listener love to you and new york city. Also checking in love to have new york, new york here going abroad. Bunche from china, beijing, chungking, chunjin and cheng tao also taipei, taiwan to all of you live listener love ni hao and korea is with us. We don’t know where in career, but we see korea anya haserot any sample ward? Your west coast, portland, oregon hello. Hello. Do you have anything? I don’t know what it means if we potentially have three letter government agencies listening to your show. What have you been doing? That’s. What? They’re that’s what? They’re listening to find out. I mean, i’m certainly not going to reveal it. They have to gonna have to do their own due diligence. They’re on their way round there. They’re on their own with their unlimited budgets and staff. Um, let’s. See? Okay, so let’s, continue. Wait. So we know that we love wave analytics, you were you were impressed that that was part of the survey, and we’ve talked about you know, we’ve covered a lot of this web analytics critical like you’re saying, you don’t know how you’re you don’t know how to improve if you don’t know how you’re doing and you don’t know how you’re doing if you don’t measure exactly, and i think that, um, maybe testing so, you know, having to pages that are essentially the same page, but something is slightly different, and testing that on your web site is is most fun but is also most valuable when you do that. Maybe testing on, for example, donation form pages or call to action pages where you’re saying here’s our story we want you to give, click on that donate button and being able to test in real time. Which button to use which photo to use which story to use on dh? There are a lot of free tools that we’ve even talked about on the show before to help you do that. A b test name you don’t have to be technical, but you congest use these tools. To help test those pages in real time and then say great, the one with the blue sticker is working let’s use that. So checking out tools like optimized li i mean, there’s just there’s a lot of different free three, maybe testing tools, but i think they can make a really big difference. And i mean it’s october thirty first. Probably every listener has already started or is about to launch their end of your fund-raising campaigns, so get ready to you don’t have to do it ahead of time. Do it well that while that campaign is live, test out which page is working and, you know, depending on how much traffic you have, you could spend a knauer you could spend a day and already see a difference between the two auctions and put that better page into use okay? And and related to these tools, um, i saw that eighty percent of the survey respondents recognized tex value for their fund-raising but on ly a third felt that they have all the tech tools that they need. Exactly. That was disappoint that part. The second part was disappointing. Yeah, and i think there was kind of ah, ah related finding to that people the data at least suggested for those organizations who said that their fund-raising was effective or was really effective, that they were also using twice as many software programs or technology tools as those who said that their software was ineffective. Oh, it’s. So i think that i think that the takeaway or the reminder, at least from my experience, isn’t that that means used every tool you can come across. I mean, you don’t want to be using so many tools, but now your time is spent trying to use these tools, i’m not fund-raising but i think it is a reminder that just having the database is probably not going toe give you everything you need, you know, or just relying on web analytics to figure out what works well, you’re not you’re never going to test every message in that way, you know? So recognizing that you’re going to need, you know, kind of ah can fall or so of different tools that are being used purposefully and strategically to help you craft that full campaign, the full message, etcetera, but that you can’t rely on a single tool and you also don’t want to go so far that you’re using so many you spin and you know, you’re just keeping all those spinning plates going let’s move from tools, tio two different channels there was there was a lot of about multi-channel which we’ve talked about, and we only have about only about two minutes left. Great, i think what didn’t surprise me at all was that the leading channel, with eighty three percent of respondents saying they used that channel, is in person events meeting? I mean, we all know fund-raising you’ve got to connect with people off line and what was really exciting is that the second, you know, eighty one percent right behind that was our website. I feel like so many organizations forget that the website is central to your work because they think, well, facebook is where the people are, twitter is where the people are, and we kind of forget about our website, but that is our central backbone of every ask every campaign you know, all of our information and regardless of age, bracket of age demographic majority of people say they visit a non-profits website before they decided they’re going to give so keeping that website as your your real face of the organization, i think it’s critical, we have just like, a minute left or so so i want everyone to know that the survey is called twenty fourteen fund-raising technology trends study and you’ll find it at find accounting software dot com and i mean, let me give you the last minute to ah, explain how and ten might help people with their non-profit technology issues excellent. Yeah, and the inten community now has over fifty thousand people all over the world who are trying to figure out the best ways to use technology, whether it’s in fund-raising it’s in advocacy, it’s in programs and direct service. So you are welcome to come be a part of the community. Ask your questions brag about this end of your campaign that you’ve got that’s going to be amazing, whatever it is, it first and foremost is a community of non-profit staff really trying to share and learn from each other, so i invite everybody to come share what you’re working on, learn from other people that are ramping up their fund-raising campaigns for the end of the year and just be a part of this community and tend really is excellent. I’m a member, but there is a lot of free resource is available for people who are not members, so you should visit and ten dot or ge and amy, we have to leave it there. Thank you very much. Thank you so much. Happy halloween! Thank you. Buying me you’ll find her on twitter at amy r s ward next week. Allison dorsey from linked in she works for lincoln, she’ll be in the studio and we’re talking about their volunteermatch it place, i’m going to try to pump her for some insider lincoln info. Also, i’ll have an interview from fund-raising day. If you missed any part of today’s show, find it on tony martignetti dot com generosity siri’s think of them fondly, please generosity, siri’s dot com. Our creative producer is claire meyerhoff. Sam liebowitz is our line producer shows social media is by julia campbell of jake campbell social marketing on the remote producer of tony martignetti non-profit radio is john federico of the new rules this music it’s 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’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 dio they have xbox, they have tv, they have their cell phones. Amador is the founder of idealised 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 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 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, talk 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 expect it 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.

Nonprofit Radio for July 11, 2014: Online And At Risk? & Your Board’s Role In Executive Hiring

Big Nonprofit Ideas for the Other 95%

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Diane Oates: Online And At Risk?

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Do you accept donations online? Have a “donate now” button? Are you using crowdfunding sites? You may need to register with lots of states, not just your own. Diane Oates is an associate assistant attorney general in the Ohio AG’s Charitable Law Section and a National Association of State Charities Officials (NASCO) board member.df

 

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Gene Takagi: Your Board’s Role In Executive Hiring

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Gene Takagi, our legal contributor and principal of the Nonprofit & Exempt Organizations law group (NEO), walks us through this important board responsibility: hiring the executive officer. 

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Hello and welcome to tony martignetti non-profit radio. I am not your act ly name host who is having a new york moment at the moment. He will be here shortly. In the meantime, enjoy the music of scott’s stein. We can’t until a rub down. With this upon in each other now. Yeah. Elearning. Hyre okay. Latto good heimans it won’t talk with clothing way. Wait, i’m just trying to. What? So i’m gonna do the best that i can. He’ll have a competition way, man. No charming. Hyre oppcoll falik yeah. Ditigal they don’t say no. Back-up miree latto in-kind no. Hello and welcome to tony martignetti non-profit radio big non-profit ideas by the other for the other ninety five percent. I’m your aptly named host and i’m very glad you’re with me and i thank you very much for holding on one hundred ninety nine shows. I’ve never been late except now next week is the two hundredth, and i’m very glad you’re with me. I’d be forced to endure biliary atresia if i learned that you had missed today’s show online and at risk do you accept donations online? Do you have a donate now button? Are you using crowd funding sites? You may need to register with lots of states, not only your own. Diane oates is with the ohio attorney general’s charitable law section and a national association of state charities officials boardmember and your boards roll hyre hi diane, hold on also, your boards role in executive hiring. Jean takagi are legal contributor and principal of the non-profit and exempt organizations law group neo-sage san francisco walks us through this important board responsibility, hiring the executive officer on tony’s take to the two hundred show lots of giveaways next week we’re sponsored by generosity, siri’s hosting multi charity five k runs and walks. I’m very glad that diana is with me. She’s an assist, associate assistant attorney general in the ohio attorney generals charitable law section. She had been with the office for eight years, managing a broad range of cases, including charitable gambling and charitable solicitation. She has handled multiple investigations and enforcement actions and is ohio’s point person for multi state enforcement actions. Diana it’s, welcome to the show. Thanks, tony for having me and thank you very much for holding on. Sorry about that. No problem. I hope you enjoyed the music. So i did, um, let’s. See, so these are laws that non-profits have to comply with, and a lot of these laws haven’t really kept up with the new solicitation methods that that charities have that’s correct. A lot of the laws are are older and do not address any sort of internet solicitations. There are such guy lines is the charleston principles which charities can follow in determining whether they need to register in a variety of states that they are soliciting online. Right? And we’ll get a chance to talk about the charleston principles. It’s, it’s uh, but there’s. There’s not only online, but then there’s also the mobile giving world, of course, and that is growing by leaps and bounds. We actually just had a multi state. They nasco it’s, the national state association charity officials put out some wise giving tips for charities on how to manage ah, and be wise on the internet when doing any sort of mobile giving or any sort of internet solicitations. So you definitely charities should be definitely protecting their brand and making sure they know who is soliciting for them on the internet. Um, and we’re going to get to that document in the wise giving tips. The primary question, i think, is what what is a solicitation? And unfortunately that really varies from state to state. You’re correct. In a lot of states, the definitions might be a little bit different in ohio. Uh, it is when a person asked for anything of value so it can’t be money can be time, and that donation would benefit a charitable organization or a charitable purpose and that’s that’s fairly consistent across the states. But there are there are nuances when you start to drill down into well, okay, so sending us mail asking for a donation. That’s, that’s a solicitation everywhere but as you start to go down, too, email. Um, having a donate now button on your site, driving people to the donate now button that’s where it starts to get a little murky across the states. Definitely and that’s, where the charleston principals come into play, and that’s where the differences arise, because i believe only two states, tennessee and colorado, have adopted the charleston principles into law. Ah, many other states, including ohio, used them as guidelines for when to determine if a charity needs to register with our state if they have such a thing as it donate now button or any sort of online solicitation. Okay, so we know that they’re adopted in only two states right now suppose you’re not in one of those two states. Can you just pick up the phone and talk to somebody and ask whether they use the charleston principles as guidelines? I would advise calling either thie, attorney general and your state or the secretary of state’s office. Whichever office has thie charity regulator located in it and see how they treat the charleston principles you could call. Up, if you’re in ohio, call up our office, we would be able to tell you we used merely as guidelines to guide us as to whether charity needs to register. Obviously, if you are located in a certain state, if you’re located in ohio and you’re soliciting from there, you would have to register anyways, if you’re not let’s, say you’re located in west virginia, then we would go through the factors with you to see if you would need to register in ohio simply by having a donate. Now button on your website. A lot of times, though, i find clients make a call like that, but ultimately the final responsive to get is always we can’t tell you or we can’t advise you whether to register, okay, that and that might be the response in some states and ohio. I mean, we we would try to help you out as much as possible. Again, we can’t give legal advice, but i mean, i think we could steer you in the right direction. Isto whether you would need to register or not looking at whether you are, you know, mailing or emailing any solicitations to someone in ohio. If you are soliciting through an interactive website meaning you can collect donations straight through that website and whether you’re these are the two big factors whether you’re specifically targeting a person in our state or whether you’re receiving donations from a purse from people in our state on a repeated an ongoing basis or substantial base so we would go through those factors and tryto work with a charity to figure out whether you need to register here or not, we would definitely do that, ok, maybe ohio’s friendlier than a lot of states that that may very well be but and i’m not saying it’s not worth the call it’s just that because it definitely is worth the call. As you said, either to the attorney, general’s office or the secretary of state, it is worth the call. This is that sometimes, you know, the ultimate answer should i register falls on. Usually it falls to the to the charity and, you know, and they’re sort of referred to their legal advisors. But it’s still worth the call because, um, you can you can get a fair amount of help. Definitely. Okay. Um, we have just about a minute or so before break, why don’t you explain what thes charleston principles are just so so everyone’s acquainted with them? Sure, they are guidelines, which, ah, charity can follow to see if they should register in a state merely if they are soliciting on the internet. So what they need to look at if they are domiciled in a state, they will probably need to register there. And what i mean by domiciled is if they have their principal place of business in that state, if they’re not domiciled in the state, they need to look at there non-cash activities, and if those alone would cause them to register in that state like they’re mailing or calling people in that state, they would need to register if they are just asking for donations through their website, and if they’re either specifically targeting people in that state on their website for donations or they’re receiving contributions from that state on a repeated and ongoing basis for a substantial basis, then they would need to register in that state all about looking at the contacts in that state. All right, we’re going to take this break when we come back, we’ll find out where we can see the charleston principles. They actually happen to be my subway read. I carry them with me all the time, and i read them every you know, like every six months or so. I just go back and read them on dh. Then diane and i will will keep talking about what’s, a solicitation on, including talking about crowd funding sites to stay with us. You didn’t think that shooting getting dink, dink, dink, you’re listening to the talking, alternate network, waiting to get in. E-giving you could this’s the way we’re hosting part of my french new york city guests come from all over the world, from mali to new caledonia, from paris to keep back. French is a common language, yet they all come from different cultures, background or countries, and it common desires to make new york they’re home. Listen to them, shed their story, join us, pardon my french new york city every monday from one to two p, m. Are you stuck in your business or career trying to take your business to the next level, and it keeps hitting a wall? This is sam liebowitz, the conscious consultant. I will help you get to the root cause of your abundance issues and help move you forward in your life. Call me now and let’s. Create the future you dream of. Two, one, two, seven, two, one, eight, one, eight, three, that’s to one to seven to one, eight one eight three. The conscious consultant helping conscious people. Be better business people. You’re listening to the talking alternative network. Welcome back to big non-profit ideas for the other ninety five percent got lots of live listener love, let’s start domestic because we’ve got a lot of foreign listeners, of course, but let’s start domestic bethpage, new york. Many in bethpage don’t know who’s in bethpage do you know each other in bethpage live? Listen, her love to you there. Beverly, massachusetts, new bern, north carolina. I just spent some very nice time in north carolina. Thank you. New bern. Columbus, ohio. New york, new york live listener loved each of our live listeners. And, of course, there are more podcast pleasantries, of course, to those listening on the time shift with iran a treadmill car, subway, airplane, whatever you are. Pleasant trees to you. Nine thousand plus ofyou. Okay. Diana it’s. Um let’s. It’s c where can we? What? We find these charleston principles to go and read them ourselves? If we would like to do so, i believe they’re located on the nasco net website. You can go to nasco net dot or ge. Okay and that’s an s ceo net dot or ge the national association of state charities officials correct, of which you are a boardmember. Yeah, and that’s, the organization that created the wise giving tips document. So while we’re talking about finding documents, what what’s the full name of that document? Sure, it’s the internet and social media solicitations wise giving tip and the tips are for three separate audiences for charities, donors and fund-raising platforms, and it gives recommendations and tips on how to give and fund-raising wisely online. All right, the internet and social media solicitations wise giving tips and that’s also on the nasco website, right? Correct. Okay, um, crowd funding the crowd funding sites. Those raised a lot of questions. I get this a lot when i’m doing speaking, what if we are using krauz rise or deposited gift? What do who’s supposed to register them? Right? If you’re a charity again, i would direct the charity to the charleston principles. Usually on those websites, you’re not targeting a specific state unless maybe an event is taking place in a certain state. Or, you know, your charity is located in that state. So and i think it’s unclear also, whether the fund-raising platforms themselves nietzsche register with states that’s still kind of an open question, okay? And also get questions. Related when charity’s air working with community foundations and and the foundation is sort of the past through for the for the donations, the question then is who should be fun? Who should be registering and again looking at the charleston principles if it’s just a passer, entity that’s just doing some administrative work with processing donations, they might not need to register, so i would again and advise those community foundations toe look at the principles right for the community foundations and then the charity’s the same who exactly? Okay, buy-in but on yeah, as we said, unfortunately, you don’t know for sure, except for two states, whether the state is is adhering to the principles. How come, how come, why is it that more states haven’t adopted them either? Officially, i guess through their legislatures or may be not as an act of the legislature, but just officially through the office that manages the charity registration process in each state, and that is a good question. I am not. I’m not really sure of the answer there, and yeah, you should probably talk to tennessee in colorado and see how they got that pushed through. I’m not sure. Why more states haven’t actually officially adopted them, okay. Because they are really cool, and they’re called charleston principles because i believe it was a meeting of nasco that was held in charleston, south carolina, where they were. These were adopted. I think they were. The discussion started there, yes, in charleston, south carolina, that’s. Why they’re called goodbye, not okay, but maybe not adopted there. Alright, yeah, attorney holding my feet to the fire e used to be an attorney, but so now that now i run roughshod over things. So thank you for being explicit. Okay, what about? We know there’s one state where you don’t have to register. Tell us about that. I believe that. Arizona? Yes. Yes, arizona. I believe they recently did away with their registration statue. I’m not too sure about that, but that is not a growing trend that icy. Definitely. I see that kind of an outlier. Okay, okay. So one point does not one data point does not make a trend that can’t even make a line from one point. Okay, but yes, arizona has explicitly said charities that are on ly soliciting in our state. I don’t need to register and yeah, they had a statutory system around registration and that was repealed or, you know, largely repealed. Yes. Now you made a point earlier that we wanted i want, like, just liketo amplify your home state where your incorporated that we should certainly be registered there. Yes, than any place where you have any principal place of business as well. Okay, so differentiating the inc you’re you’re only incorporated in one state, right? Because you’re not you’re not not-for-profits corporation, and that can only be one state. But you could have places of business in lots. Of states, you can have the principal place of this that’s, probably in one state. But then you can have multiple locations everywhere. And if you’re, you know, conducting solicitations from those locations. And yes, definitely you should be registering in those states. Now, you’re, um, your, um, important player in this because you’re a nasco boardmember but it’s so. Divers, because we’re fifty difference sets of statutes and, um, timetables and fees and things do you do you get frustrated by this process? It it can get frustrating. And we definitely hear from our constituent charities that it is frustrating and that’s why we do have twelve states that are working on a single poor product, the website where charities khun go and register and they wouldn’t have to duplicate the process over and over again. Okay, this is the single portal initiative. Exactly. What more can you tell us about what state that is? Or i don’t mean state. You know what state it’s in, etcetera? What can you tell us? Uh, well, the single portal project is being headed by twelve pilot states. They include california, illinois, alaska, colorado, connecticut, hawaii, massachusetts, michigan, mississippi, missouri, new hampshire and tennessee. And basically it’s, a project that has a three components. One obviously is to create a unified elektronik registration system that will allow non-profit organizations and then they’re professional fundraisers to goto one site and fulfill their registration requirements for all states eventually at that site. Another component is also to be a public website where anyone can get this information that’s filed. Academics could get it. Tio create analysis of emerging issues and trends. The public can look up this information to make more informed choices about their charitable giving and also non-profits can look up this information to compare thie effectiveness and cost of their professional fundraisers that they hyre and third, this would be a great tool for regulators. They could direct their limited resources away from registration and toward their core purpose of preventing fraud and misuse of charitable funds. Is this? Ah, envision to be a free site for charities? Um, that is a good question. I not sure about that. I know that this is kind of a three year time period where they’re going to try to get this off the ground rather soon and have it build up in phases over the next three years. I am not sure about the fees. I do not know that. Ok. Ok. Um, timetable do what stage is it at now? It is at the beginning stages. Thie pilot states created a nonprofit organization in delaware. Teo, help develop and operate the website. And they just decided that the urban institute they chose them to design and build the single portal website so it’s in the process of being built. And they are also establishing an advisory committee to help with the design and operation of the system. Okay, is it is it funded yet? Or were steven still too early for that it’s in the process of funding and the the non-profit, the multistate registration of filing portal the non-profit that was formed is reaching out to the non-profit community. Now, with grant proposals to help build up funds for this project. Okay, so that’s, something to look forward to. So is there not yet a timetable like when this should be live? Or maybe not all twelve states, but at least some initial minimum viable version. I think. I mean, the goal is to roll out the stages in the next three years. So hopefully in the next, maybe two years, the registration sites would be up and running. But please don’t call me that. Okay? Okay, we won’t. Nobody listens to this show anyway. Diane, show you fine. Okay, well, we know that arizona standing alone. Not a trend, but are there any other trends that you do see coming? Up the big trend icy is internet fund-raising on and that’s why nasco did put out this wise internet giving tips the internet fund-raising on the internet is growing. I believe in two thousand three it was about six point four percent of all charitable giving, but still it’s growing lead some bounds year by year. So we were really urge charities teo be aware of their presence on the internet and be aware of who’s raising money for them on the internet. Ah lot of thes fund-raising web sight they download the database of charities from guide star and then anyone can just go on and start fund-raising for a charity, which is great, but you also want to make sure that no impostors are going out. They’re in claiming that their associate it with your charity and trying to gain access to your donations. So check out the wise giving tips on also the charleston principles those will help you on, and we’ll put, ah, put links to those on the takeaways from the show, which go up on the facebook pages. Afternoon diane, please leave us with the nasco conference that the charities are welcome to come. Too, jeff, definitely the two thousand fourteen nasco conference is on monday, october six, at the hyatt regency washington on capitol hill in washington, d c thie theme this year is the evolving role of charitable regulation in the twenty first century. There are a lot of great panel scheduled i’ll just mention a couple first will be disaster relief and opportunities for collaboration between regulators and the not for profit sector. Um, our luncheon topic is our charities really charitable with our keynote speakers? Thomas kelly, who is a professor at u n c school of law, and john columbo, who’s, professor and interim being at the university of illinois at chicago school of law and then one panel, i think it’s going to be extremely interesting about ratings and evaluating charities. We have three panelists, art taylor, who is president and ceo of the better business bureau wise giving alliance daniel bora chop, who is president of charity watch, and ken berger, who is the ceo of charity navigator. And then we also have panels on a messa you bit executive compensation are wise giving tips and then also a single portal updates, so it should be a great conference. And you can get more information about the conference at nasco. Nat dot org’s. Thank you very much. Art taylor and ken berger have been guests on the show when we did the the sabat the myth. The what was it? The overhead myth letter that’s, right? We have the three signers of the overhead myth letter on and those they were two of them. All right, diane. Thank you very much. Thank you. My pleasure. Diana, associate assistant attorney general in the ohio attorney general’s charitable law section. That is fund-raising compliance and of course, very, very important. But what about fund-raising? Fun generosity. Siri’s david linn is the ceo. Generosity. Siri’s is a sponsor, and they host multi charity peer-to-peer runs and walks. I am seed. Their event in new york city. It was in brooklyn last november. It was a cool day, but it was it was great fun. They had ten or twelve charities as charity partners in the run walk. There were about one hundred fifty or so runners. So neither charity. None of the charities had enough runners for their own event. But when they pulled themselves under generosity siri’s it was a very successful event they raised collectively about one hundred little over it was over over hundred thirty thousand dollars for these ten or twelve charities. So that’s, what generosity siri’s does, they put smaller charities together. You can’t host your own or you don’t. The resource is teo host your own and they take care of all the back end stuff like permits and timing chips and medals for the runners and the sound system and the porta potties. This this is a do all of that. And there were enough port a potties too. We did not have to wait online. They had an ample supply of those. So david lin is the ceo. You can, you know, do business the way i do it, which is picking up the phone and talking to people. They are at seven one eight five o six, nine, triple seven. They’re also, of course, on the web. Naturally, you could go to the web, get information there, too. I prefer to pick up the phone, but you could go to the web generosity siri’s dot com. If you’re thinking about a five k run or walk maybe fitting into europe fund-raising please talk to dave lynn. Next week is the two hundredth non-profit radio two hundred show would be doing this show once a week for four years. Next month, scott stein is going to perform that song that you heard earlier he’s going to be here and live with his eighty eight keyboard eighty eight full full length keyboard he’s bringing it um, he’s going to perform cheap red red wine here, creative producer claire meyerhoff is going to be in the studio. All of our regular contributors are gonna be calling in, including jean takagi who’s going to be with us very, very momentarily on i want you to be part of the show as well, and i’m giving away prizes to welcome you to the show and to thank you for being a part of it. Tell me your most touching donorsearch story here. Tell me why you love non-profit radio either one of those leave a comment at tony martignetti dot com or use twitter those the two ways you join comment on the site tony martignetti dot com or on twitter using the hashtag non-profit radio your most touching donorsearch story or why you love non-profit radio if i read yours on air, i’ll send you a prize and you know, i’m getting i’m quite liberal about what i read on air and donorsearch torrey and your stories on air, so i love shouting out listeners, so there’ll be a lot of giveaways. I just got a new one today. Bye. I sent the email this morning email blast for today’s show and pamela gro donated a free course for a listener, so we’ll be giving away a free pamela grow course. We also have ah, bags of coffee from cura coffee. Want to thank your coffee also have a one year subscription to non-profit times. Thank you non-profit times. Joe garrick, the fund-raising authority he’s at fund-raising a u t h on twitter, he donated a book, lots of books from all the authors who had been on the show. I’ve got a library sitting in my office. It may as well be helping those books may as well be helping you, so i’ll be sending all those out too. So that’s the stuff will be giving away. Plus whatever else you might. We just got pam grow today. So who knows what what else might be available come next. Friday deadline adjoined contest one p m eastern next friday the eighteenth. That is the two hundredth show time. And that is tony’s. Take two for friday, eleventh of july twenty seventh show of the year, one hundred ninety ninth non-profit radio jean takagi he’s with us. You know him? He’s, the managing editor, attorney at neo non-profit and exempt organizations law group in san francisco. He edits the very popular non-profit law block dot com on twitter he’s at g attack g ta ke jin takagi welcome back. Hi, ton in. Congratulations on one ninety nine. I’m looking forward to two hundred next week. Cool. Yes. I’m glad you’re gonna be calling in for with us. Thank you very much. Thank you, it’s. Very exciting. Really? One hundred ninety nine shows ago. It’s one hundred ninety nine weeks. It’s it’s. Remarkable. Um, we’re talking this week about the board’s role in hiring the executive. And i’ve i understand that there are a lot of executives in transition. I think so, tony and it looks like some surveys have confirmed that it’s certainly been an experience with some of my clients and even on boards, i’ve sat on over the last couple years and there’s a great group called compass point out in san francisco, there, nationally known as one of the most respected non-profit support centers and together with blue avocado on non-profit online publication, they have a national survey on leadership succession in transition going on just right now, the last time they published the results with in two thousand eleven, and they found that sixty seven percent of current executive anticipated leaving within five years and ten percent. We’re currently actively looking to leave right then, and in two thousand eleven, the economic times weren’t so were so great, so sixty seven percent anticipating leaving within five years that’s a pretty staggering number. So now we’re already three years into that survey into that five year projection. Yeah, and sixty seven percent of two thirds. So if we had held this show off until two thousand sixteen, then it would have been moved. But there’s a new one coming out, you said, yeah, well, they’re they’re just starting the survey online now so you can participate on that. I don’t know the website, but if you you know, google non-profit transition survey executive transition survey thank you. You’ll get that okay, and its compass point it’s a compass point and blew up a goddamn kottler who you’ve. You’ve mentioned blue vaccaro before. I know. All right, so, yeah, two thirds of of ceos were expecting to be in transition within five years and where we’re only three years into it now. So the presumably these people are still looking. What boards don’t really spend enough time preparing for this kind of succession, do they? Well, you know, in many cases they don’t, and sometimes, you know, they might stay, they don’t get the chance because their executive director comes up to him and give him two weeks notice. And now, you know, the board may be used to meeting every month or every other month or even every third month, and now all of a sudden they’ve gotta ramp up their efforts and find an executive to come in in two weeks. That’s going to be really tough to do on dh, you know, again, if we say at any given time, two thirds of the non-profit executives are looking to leave their job, you know, it’s very likely that within your board term, you know, you may have an executive transition to manage, and sometimes with very little notice. So that’s that’s. Why? I think succession planning is just really a core duty non-profit board. Well, how do we let them get away with this two week notice? I mean, the ones i typically see are you know, the person will stay on until a successor is found. You that’s. Not your experience. Well, you know, you’re really lucky if you if you do get that situation, i think most non-profit executives are hired on at will basis. Meaning that there’s, not a contract to stay there for a given number of years. Either party can khun separate or terminate the employment relationship at any time. And as the average, you know, employee may give two weeks notice to go on to another job there. Many executives who feel the same way that they, you know, they may feel like they own allegiance to an organization. But another opportunity comes up and it’s not going to be held for them forever. And they may want to move on. Um, and they may feel like what they gave the board really advanced notice that they might be looking for something that they might get terminated. So they may keep that information from the board until those last two weeks. Well, because all right, so that i am way in the dark because i would. I just presumed that executive directors, ceos even if small and midsize shops were not at will. But they were but that they were contract. I mean, when i was a lonely back in my days of wage slavery, director of planned e-giving i was in at will employees, which means you can end it like you said, you could end at any time and so can they like, if they don’t like the color of your tie one day they can fire you, you’re at will, but but that that’s typical for for ceos and and executive directors. Yeah, i think for smaller non-profits it’s very, very common. Oh, i just always assumed that these were contract positions with termination clause is and no, okay, but, i mean, you know, it’s, your practice, i’m not i’m not disagreeing with you, i’m just saying i’m okay, i’m learning something s so that’s that’s incredibly risky. So it is. It put you in that position of saying, well, i need to replace somebody immediately and i don’t you know, as a board we don’t meet very often can we even convene within the two weeks to start the process going, it’s going to be so much better if he had a plan of what happens in case you know, our executive every doesn’t give two weeks. Notice, and even if the executive says, you know, in your scenario, maybe a longer notice, maybe, you know, in six months, if they do have a contract at the end of my contract, i don’t plan to renew, you know, i think we should go through the process of looking for for a successor and having a plan or thinking about that plan that have just coming up with something on the fly is going to probably result in a much better choice for selection of a leader in the future and that’s going to be critical and how well the organisation operates and how the beneficiaries of your organization are going to do are they going to get the benefits of a strong organization, or are they going to suffer because the organization can’t do it? You can’t advance mission as well? It should. Yeah, i mean, you’re you’re calling it on the fly. I would say two weeks notice for an executive director. Departing is a crisis, even four weeks notice. Yeah, in many cases, you’re absolutely right. Okay, i’m right about something. Thank you. You’ve got something right today. All right. So what do we what? Do we do teo to plan for this? Well, you know, i think the first thing the board has to do is start toe think about the contingencies. So what do we do and then actually want one thought that comes to mind, that, uh, that you raised tony is should we get our executive director on an employment contract? If they are and that will employee do we want to lock it in? And they’re sort of pros and cons with that? If you’ve got, like, not the best executive director in the world, terminating somebody on a contract becomes much, much more difficult than if they were at will employees. So, you know, you kind of have to weigh the pros and cons, but, you know, revisiting your current executive director her and the employment relationship is maybe step one, and suddenly he was thinking about, well, do you have a really strong job description that really reflects with the board want of the executive director and the basis on which the board is reviewing the executives performance on dh? Maybe the sort of initial question to ask in that area is do you actually review the executive? Director. And that the board you absolutely should you and i have talked about that the board’s is not part of their fiduciary duty to evaluate the performance of the the ceo? Yeah, i think so. I think it’s a core part of meeting their fiduciary duties that really, you know, as a board, if you meet once a month or once every couple of months or whatever. What’s more important, you know, then really selecting the individual who’s going to lead the organization in advancing its mission and its values, and implementing your plans and policies and making sure the organization complies with the law. Taking your leader is probably the most important task that the board has, because the board is delegating management to the to that leader. Yeah, absolutely. And i think it’s often forgot naralo overlooked that individual board members inherently have no power and no authority to do anything so it’s only as a group when they meet collectively, can they take aboard action? So for individuals to exercise, you know, powers on behalf of the organization that has to be delegated to them and typically the person responsible for everything is that ceo or the executive director. We’re gonna go out for a break, gene. And when we come back, you now keep talking about the process. The what goes into this process, including the job offer. So everybody stay with us. You’re listening to the talking alternative network. Have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com. We look forward to serving you. Talking alternative radio twenty four hours a day. I’m dana ostomel, ceo of deposit, a gift. And you’re listening to tony martignetti non-profit radio. Big non-profit ideas. As for the other ninety five percent? I gotta send live listener love, let’s, start in japan with tokyo kiss or a zoo and nagoya. Konnichiwa, seoul, south korea, seoul, some someone south korea, always checking in love that anya haserot. Moscow, russia, mexico city, mexico, ireland. We can’t see your city ireland’s being masked for some reason, but we know you’re there. Welcome, welcome, ireland, and also taipei, taiwan. Ni hao, nobody from china, that’s, funny, nobody from china today, coming back to the u s, we got cummings, georgia, in ashburn, virginia. Live listener love to you in georgia and virginia. Okay, gene. So now we’ve let’s say, we’ve learned that our executive is departing and let’s not make it a crisis situation, though let’s say this person is generous enough to give six months notice, so, you know, let’s, not make it a crisis. Where what’s our what’s, our what’s, our first step as the board. Terrific. And i’ll just add, even if you don’t, if you know your executive is not leaving any time soon and i think you should go ahead and start this process anyway. Oh, yeah, clearly we should be. We should have a succession plan in place. Yes, we’ve talked about it. Right? Okay, yeah. So i think the first thing to do is get a committee together so it might include boardmember some outside experts outside with the board. If you don’t have that internal expertise and just getting different perspectives out there, some of your other stakeholders might be really important. In what? You know what you want to look for in an executive in the future. So get that committee together first. Get the buy-in of the current executive director. So unless it’s going to be, you know, a succession plan for a termination? Yeah, we’re really unhappy with executive director, right? Let’s not get into that. Yeah, let’s get their buy-in and have them help in the process. Especially with your scenario where they’re giving us six months notice and everything is amicable. Let’s, you know, see she who knows better about the organization than the executive director that’s in place right now. So i’m getting there buy-in and help contribution. I think it is pivotal. Does this committee have to be comprised of hr experts? Why? I think having a least one or two hr experts is going to be really helpful. But i i think it’s more than that. It’s, you need program people who understand what the executive, you know, role is no respect advancing the program. You need the fund-raising people to know. Well, what is the going to do with respect to fund-raising perhaps the seeds, the lead fundraiser and some small organizations as well. So we need thio gather a bunch of different people with different perspectives and expertise to figure this out. And i think that’s a very good point to include a tte least aa program expert. Now, could this committee include employees, or does it have to be sure you can i absolutely on dh, you know, you might even have have have different subcommittees in there. So eventually this is going to go up to the board. But as the the committee is doing the legwork for determining what you need an executive director and putting together a job description and and, you know, perhaps, but the performance evaluation is going to be based on for the future executive director all those things can get, you know, we’d be aided by the contribution from several areas. Okay, okay, what are your thoughts on hiring a recruiter vs vs? Not well, you know, i think it depends upon what the organization’s resource is our and the organization should understand the marketplace it’s in a swell hiring two great executive director is the competitive thing. So, you know, if you’ve got a lot of resources and you’re able to you want to allocate an appropriate amount of resource is tio what i think again is making one of your most important decisions of the board? I don’t think you want to do this on the cheap at all. I’m just the same way i didn’t want you to do it on the fly or or or are in a rush matter-ness think you want to invest in this, and if you don’t have great expertise inside about things, about, like, doing job interviews and doing background checks. On the sex thing, you know how to differentiate between one candidate and another when they all look good on paper and when they’re maybe professional interviewees, but they’re not there, maybe not great leaders. How do you figure all those things that if you don’t know, that on executive search firm could be a great help and it can just open up the marketplace of potential candidates as well, especially if they, you know, decide to do a regional or even a national search, it really can ramp up who who you’re going to see in front of you and the quality of the candidates that this election comedian the board eventually will have to choose from. Okay, does the committee now come up with a couple of candidates to bring to the board, or is it better for the committee to choose one and bring that person to the board? How does this work? You know, i think the committee should be tasked with bringing several candidates up on sometimes it may be a multi tiered process so they might go through two rounds of screening, for example, and and at least let the board see who’s made. The first cut, and then and then, you know, present to the board, the final, perhaps two or three candidates. If you’ve got, you know, ones that are very close and in quality in terms of what the board want in an executive director, i think that’s pivotal. I wanted to add one thing, though. I’ve seen this done before, tony and i don’t really like it and that’s when. If a search committee or such altum comes up and says, you know, to the board, tell me what you want in a good executive director, everybody you know, spend five minutes, write it down and send it to me or take it home and email it to me and tell me what you want. And then the search consultant collates the the answers and then that’s, you know, the decision about that’s what’s going to be the qualities you’re going to look for. I think this needs a lot of discussion and deliberation and the value of, you know that that thought process and that really difficult thinking and getting all those generative questions out there is going to produce a much better product in terms of what you’re looking for and who you can get and how you’re going to do it. Yeah, you you send this tio use email and, you know, it’s going to get the typical attention that an e mail gets, like a minute or something. You know, it’s it’s going to get short shrift. And your point is that this is critical. It’s it’s, the leader of your organization you want, do you? Want the contributions of the committee to be done in, like a minute off the top of their head just so they can get the email out of their inbox? Yeah, definitely we could talk about board meetings and another show, but put this at the front of the meeting and spend, you know, seventy five percent of your time talking about this. This is really, really important, okay, you have some thoughts about compensation, and we just have a couple minutes left. So let’s let’s say we’ve the board has well, i can’t jump there yet. Who should make the final call among these candidates? Is it the board? Yeah, i think it should be the board that makes the final approval, but they they’re going to put a lot of weight based on what? The executive of the search committee, you know, tell them who they’re good. You know, the recommendation is okay. And i think that toe add one more thing to it is make sure the organization looks good to clean up your paperwork and your programming and even your facilities. Just make sure you’re going to be attractive to the candidate as well, because if you want to track the best, you better be looking your best as well. Okay. Okay. And the with respect to compensation now, we’ve talked about this before. What? What’s excessive. And there should be calms and things like that, right? So it’s really important to make sure that the board or unauthorized board committee one that composed just board members, approved the compensation before it’s offered to the candidate. Even if you don’t know that they’re going accepted or not, once he offers out there that compensation package, total compensation should have been approved by the board. And you want to do it with using the rebuttable presumption of reasonable procedures unless you know its far below market value. Okay, if you get payed accessibly or if you pay somebody excessively, there could be penalty taxes for everybody. Including the board. Should be careful of that. We have talked about that rebuttable presumption before. Yeah. All right, then. We have to leave that there. I look forward to talking to you next week on the two hundredth great. Congratulations again. And i look forward to it as well. Thank you, gene. Gene takagi, managing attorney of neo the non-profit. And exempt organizations law group, his blog’s non-profit law block dot com and on twitter he is at g tak next week. Oh, did i mention it’s? A two hundred show joined the contest. Tell me your most favorite donorsearch story most touching donorsearch torrey or why you love non-profit radio before show time one o’clock eastern next week use tony martignetti dot com or twitter with the hashtag non-profit radio very big show next week. If you missed any part of today’s show, you’ll find it on tony martignetti dot com remember generosity siri’s keep them in your thoughts and prayers there. A sponsor for the show. Talk to dave lynn seven one eight five o six nine triple seven or generosity siri’s dot com our creative producer is claire miree off will be in the studio next week. Sam liebowitz is our line producer. He’ll also be in the studio next week. But he’s here arika so social media is by julia campbell of j campbell social marketing and the remote producer of tony martignetti non-profit radio is john federico of the new rules this music is by scott stein. He’ll be in the studio next week be with me next week for non-profit radio. Big non-profit ideas for the other ninety five percent. Go out and be great. They didn’t think the tooting getting dink, dink dink. You’re listening to the talking alternate network. Get him. Nothing. Cubine are you stuck in your business or career trying to take your business to the next level, and it keeps hitting a wall? This is sam liebowitz, the conscious consultant. I will help you get to the root cause of your abundance issues and help move you forward in your life. Call me now and let’s. Create the future you dream of. Two, one, two, seven, two, one, eight, one, eight, three, that’s to one to seven to one, eight one eight three. The conscious consultant helping conscious people. Be better business people. Hi, i’m ostomel role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m we’re gonna have fun, shine the light on all aspects of music and its limitless healing possibilities. We’re gonna invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com, you’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. Have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com. We look forward to serving you. Told you. Hyre