085: Planned Gift Prospects By Phone, Tanya Says Farewell to PPP & Kony Complexities – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Mindy Aleman, executive director of the Center for Gift and Estate Planning at Kent State University

Tanya Howe Johnson, president and CEO of the Partnership for Philanthropic Planning

Gene Takagi & Emily Chan of the Nonprofit & Exempt Organizations Law Group

Read and watch more on Tony’s blog: http://mpgadv.com

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Metoo hello and welcome to tony martignetti non-profit radio march thirty, two thousand twelve big non-profit ideas for the other ninety five percent i’m your aptly named host i sincerely hope you’re with me. Last week, it would hurt me deeply if you had missed to twitter chat hosts on twitter talk we had pamela grow of small non-profit chat and brendan kinney of fundchat both on twitter tell us how these one hundred forty character conversations i can help you non-profit and build your professional network and push it. Maria simple, our prospect research contributor and the prospect finder, explained how push technology much of it free khun support your fund-raising this week planned gift prospects by phone. Mindy allen of kent state university takes the role of professor to teach you how to identify planned e-giving prospects from your phone based fund-raising very unusual, but she’s been doing it for years with great success and that’s pre recorded at the national conference on philanthropic planning this year, tanya says farewell to p p pee that’s tanya how johnson she sat with me at that same conference last year, the partnership for philanthropic planning conference to say goodbye to that. Organization that she has lead for twenty years, she retires this next month. April and finally today, cockney complexities our legal contributors jean takagi and emily chan from the non-profit and exempt organizations law group look at legal issues around the viral kony twenty twelve video it’s gotten eighty six million views and we’re going to look at it from an angle that you have not yet seen. I hope you will stay with me right now. Oh, and i’ve forget about it. I’m all screwed up. I also have course tony’s take two this week on tony’s take to my blogged one fact about planned e-giving i’ll tell you what it is and why that fact should be reassuring to you use hashtag non-profit radio if you want to join the conversation through twitter, i’m very grateful that the show is supported by g grace corporate real estate services. Now is the time to say that we’re going to take a break, and when we return, i’ll have the pre recorded interview planned gift prospects by phone with mindy element from kent state university, so stay with me. You’re listening to the talking alternative network. 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. Is your marriage in trouble? Are you considering divorce? Hello, i’m lawrence bloom, a family law attorney in new york and new jersey. No one is happier than the day their divorce is final. My firm can help you. We take the nasty out of the divorce process and make people happy. Police call a set to one, two, nine six four three five zero two for a free consultation. That’s a lawrence h bloom two, one, two, nine, six, four, three, five zero two. We make people happy. Hey, are you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com. Welcome to tony martignetti non-profit radio coverage of the national conference on philanthropic planning. We’re on the river walk in san antonio, texas, and my guest right now is mindy element. She is executive director of the center for gift and a state planning at kent state university in kent, ohio. She is a c f ar e and an a p r i’m going to ask her what those mean very shortly. Mindy, welcome to the show. Thank you, tony. Nice to be here. A pleasure to have you see fr ee i know is certified fund-raising executive. But what is the a p r after your name designation? I’m also accredited in public relations by the national public relations society. Okay, how do you feel? You used your public relations credential in your gift planning work all the time. Thanks. Oh, yeah, absolutely. How is that? Tell me you’re building a story. You’re building a case for your institution. You’re crafting the proper message. And you’re thinking about the audience and that’s all about public relations as well as planned. Nothing. All right. Excellent. Thank you. Mindy, your your topic is harnessed. Phone center. Power to increase plant. Gif ts now, i don’t think that most of our audience and the audience is small and mid sized non-profits think of their phone center as a place to prospect planned e-giving donors. So why are you recommending that? Well, tony it’s really a gold mine? Four future plan gifts and for requests that are undocumented there, unbeknownst to the organisation and for many reasons may not be known until after the donorsearch passes away. Okay, and we can uncover these gif ts through our phone work. Absolutely. Okay, most of the time and we use students in our phone center. But any well trained, personable rapport building phone center caller could do that. Okay, well, that’s kind of a mouthful now, so it sounds like, do you? Ah, you do you stay away from or recommend against? I guess the hired tell of a telephone tell us solicitors for for annual fund. I don’t recommend against it. I think it takes a little bit different training. The reason student callers or callers who are involved in the organization’s mission are very efficient and effective is because they bring a sense of doing it now to their phone conversations and particularly with universities, a student is best at developing a nice report with an alumnus who may have gotten a degree in business, and the student is majoring in business and khun se gi, do you have any advice for me? I’m having a tough time with the international business ethics class, okay, so they can develop that report that profession schnoll consultant solicitor is not going is not going to do it’s it’s a unique relationship between the student and the donor on the other end of the line that if your phone centers very successful getting gifts, it’s, because they’re developing report, that same report is very successful and into girl in terms of identifying those who might also put your institution in there will all right? And we’re going to get to those to those details. Let’s set the stage at kent state now as executive director of the center for gift in a state planning you probably don’t oversee the annual fund telemarketing function, right? You’re you’re working with another office in this, okay, you have a good working relationship, i guess. Absolutely. And this truly is a nice example of a collaborative effort. And buy-in between the plan giving area and the annual fund program, how did you discover the potential in the annual fund telemarketing work for your gift planning work? Well, we had been very successful at our annual fund. We were raising a lot of money and the annual fund was breaking all kinds of records. So we knew at the time that we had a very great program in place. During the same time, we had a screening, and the screening had uncovered about twenty seven thousand prospects who had a high proclivity for making a plan gift to our organisation. This was a screening by an outside company, one of the one of well screening cos yes, and i could mention the company if you don’t, if you like your blackbaud and they did a wonderful job for strip. And the dilemma that we found ourselves in was well, how the heck are we going to get to talk to twenty seven thousand? Likely plan giving prospects? How many people are in the center for gift in the state planning at the university? Well, there’s, only a couple of us plus our administrative support. However, we have another fifteen to twenty full time gift officers representing different constituencies. However, they are mostly major gift officers. So we had what we call in this area. Lack of legs. Okay, twenty seven thousand people. What? What did you decide to do? Well, we thought maybe we could piggyback onto the successes of our phone center who were talking to thousands of alumni every week. And maybe we could take the best of those callers, give them a specific pool comprised of the ones with the highest blackbaud ratings in the plan giving area and ask them to discuss whether the the donor ever had any intention or thought of remembering their in their alma mater in their estate plan. Your colleague who oversees the annual fund wasn’t concerned that this would buddy the message and that the annual fund solicitation might get lost in there for the annual fund income suffer well, no, because we we decided up front that this pg ask, as we called it pgs, peachy ass, actually, what? It was really mostly a plan giving conversation, segway. But that would only occur number one if they were in the plan. Good e-giving phone calling. Pool number one and number two, if the person called, had made a gift or a pledge so it didn’t interfere it all. It came afterwards, okay? And had made a gift or a pledge in that in that call. That’s? Correct. Okay. And what do you call this program, ken state? We call it, request a request. All right, but you’re not really soliciting a bequest. You’re you’re asking if there’s ah, an interest in it is that is that right? Yes. But, you know that’s where there it’ll starts and it’s a nice segue way. If somebody has been donating for years and they’re in the right demographics for plan giving it’s very natural and easy for the student caller to say, you know, mr jones, you’ve been so wonderful all these years. And i certainly appreciate your gift tonight to the school of music. Have you ever considered including us in your state plan? All right. And what was the initial response to that? How many years have you been doing this request? A bequest. This has been going on since two thousand five. So it’s in its about six and a half years, i guess. Right? I guess we’ll clearly the answer is, the initial reaction was not negative, and i guess positive. So you continued for the for several years after it’s been wonderful, tony, it really has not only have we identified hundreds of people who would consider a bequest, but we’ve also uncovered many people with with requests or other plan gives already in there a state plan and the most the fat, most fabulous part of all of this is that many of these donors we’re not on our radar screen. Well, they were in the twenty seven thousand because but they were not on your plan to give prospect radar screens that right, right? And they were yes, they they were unbeknownst to us in terms of whether they would really do something or not. So it really pushed the meter in terms of identifying really good plan giving prospects. And as we all know in the world, the plan giving many current gifts can come from plan giving donors as well. So is the language that the students are using. Is that is that what you gave us earlier? Would you consider or have you ever considered share, including okay, and and there are. Other options as well, let’s, say there was somebody that said, well, i can only make a small gift this year. Tony too. The department of physics. I wish i could do more, but i could only give you a small gift. The collar then was empowered and trained to say, well, i hear your passion in your voice. Maybe you could just put us in your will. And you would be surprised and pleased. I would think, to find out that many people said, you know what? I’m going to go ahead and do them that’s really something you’ve uncovered something really very, very interesting. Thank you. Yeah. Great. Now, your program description says that this is an award winning program requested request. What? What award or awards? Everyone. This particular program has been the recipient of four different case awards. Three golds in terms of best overall program. Best plan giving can cases the council for advancement in support of education. Yes, yes. And it also meant a lot because we we received an award for collaboration. And it truly was a nice effort between our phone center manager, the annual fund director, my my department in a range of other folks, including the major gift officers, because for many of them, they ended up receiving nice leads. If somebody was assigned and indicated they might consider putting tens in their will, then the particular advancement officer was encouraged to go to follow-up so we’ve raised millions of dollars duitz and gifts and pledges through this program over the years, clearly a collaboration between three different three different areas of fund-raising so how did you select the callers who were who would receive the enhanced training? Teo teo participate in request of a quest i depended on the phone center coordinators in the end, the managers to provide me with their very best callers, those that had a great track record in securing gifts, those that had a really passion and joy for the institution and those who were just great on the phone, particularly for older adults who may not want to talk at certain times during the day, or who have hearing issues and so on. So just in terms of the person’s volume on the phone, absolutely right, okay, volume being able to enunciate properly, our collars went through all kinds of training, including gerontology. Expert who came in and talked about issues that older adults face and things like sundown ing, which means that we wanted some of these calls to go out earlier than six p m okay, so training by jared atallah gist yes, what other training did the these specialized colors get? They had a range of basic plan giving options so that they understood the difference between a simple will bequest and let’s say of retained income gift. Okay, but nothing so technical that they were inhibited or overwhelmed or felt like they didn’t want any part of this, and they knew to be able to refer those to me and oftentimes i was there during the calling, listening in, okay? No, they’re helping out of being around that’s a part of call center training is listening surreptitiously. Yeah, um, so they were just opening the conversation. And isn’t that what we trained? A lot of major gift officers to do? I i spoke with someone earlier talking about breaking down the silos mean, so this is just an extension of what what i think is that conversation breaking down the seller’s between plan giving in major e-giving you’re just including students from the annual fund call center. The important thing about having conversations with people and getting to the core issues is being able to elicit trust for yourself from that person and whether it’s, a student caller or a major gift officer, the person on the other end of the phone could be made to feel so comfortable that they want to talk more and believe it or not, if we’re not asking for will’s, we’re not doing our job because every other charities out there doing the same, and in all these years of calling and in the thousands of people who have been called and followed up on, we have never gotten one case of somebody saying, how dare you ask me that? That is so inappropriate? And most people were thrilled to know you know what? What a great idea! I ought to include my alma mater in my will. Never not one complaint, not one complaint. Okay, well, you’ve screened the people who would be part of this, the in terms of the the prospects, and also highly trained, the caller’s it’s all done very sensitively and appropriately to the right, poole and never a single complaint. Excellent. Um, follow-up is critical to any solicitation or conversation of this type would what’s the follow-up this is really, i think, the key factor of this program you can’t do or launch some kind of program without proper follow-up because nothing is worse than a student coming back to your office ing wow, somebody just told us they’re they’re leading fifty thousand dollars in their will for us, and then we don’t call them for a year. I mean, that’s, that’s critical. So the follow-up has to be done with as much enthusiasm and passion, and what i decided to do was work with our data base folks and code these different calls. If somebody was just considering including us in their will, they were coded as a cb, considering a bequest. They got a letter from their student caller thanking them for considering and telling them it was nice to speak with them, and it was actually signed by that student. They also got a letter from me thanking them for considering and if they requested, information included information and so on. So there was there were a number of follow-up procedures and protocol that we were very, very religious on, he should say in terms of following of the the way to what the person wanted to receive all the way to giving them a call maybe six months to a year later, saying, you know, you know, mrs jones, you had one time thought about including us in your will would it be helpful to you of somebody from our office took you to coffee to discuss or would you like some more information? Okay, so that is a part of the follow-up six months or a year later. Yes. Yeah. What’s your preference for follow-up to someone who has said in one of these calls, you know, i’ve already included you in my will, which certainly has happened. Do you then request documentation or request that they fill out a simple form? Or is their word sufficient for you to include them in your recognition society? Well, after we send out the balloons and all the party favors to their house, yeah, we’ve really simplified it over the years. We do not request a copy of their documentation. However we do ask that they give us something in writing to specify their instructions, and it could be in using our simple form that we that we offer that helps them, or it could be in the form of an email or a note saying, dear can state, i’d i’d like my funds to go to the kent state university museum, for instance, so with that latto we, we include them as a member of our legacy society, and they get all kinds of acknowledgment there after it’s also the beginning of another conversation where we can say, you know, depending on how much is it comes to fruition at you could create a permanent endowment, and we can we can help you with that as well. And what what are you thinking there in terms of permanent damage? What type of gift are you tryingto encourage them to? This is simply where, if there’s sufficient funds through there, a st gift right now, endowments on the ken campus or twenty five thousand? Ok, so in other words, if they’re going to leave us at a minimum of twenty five thousand, we would like them to know that they have an opportunity to have a permanent impact at the institution with there area of interest could go. On teo in perpetuity, the program is requested. Request it’s at kent state university, and i’ve been talking to mindy ah lemon, who is the executive director of the center for gift and estate planning at the university, talking about harnessing your phone center power to increase plant gifts. Many element, thank you very much for being a guest. Thank you, tony. Been a real pleasure. You’re listening to tony martignetti non-profit radio coverage of the national conference on philanthropic planning in san antonio, texas two thousand eleven. The attendant think dick tooting getting stinking thing. You’re listening to the talking, alternate network, get anything. E-giving you could 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, this is psychic medium. Betsy cohen, host of the show. The power of intuition. Join me at talking alternative dot com mondays at eleven a. M call in for a free psychic reading. Learn how to tune into your intuition to feel better and to create your optimum life. I’m here to guide you and to assist you in creating life that you deserve. Listen every monday at eleven a, m on talking alternative dot com. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed, i and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com talking alternative radio twenty four hours a day. Lively conversation. Top trends. Sound advice, that’s, tony martignetti non-profit radio. And i’m samantha cohen from the american civil liberties union. Welcome back now i have my interview from that same conference last year, last october with tanya how johnson and hears that. Welcome to tony martignetti non-profit radio coverage of the national conference on philanthropic planning, hosted by the partnership for philanthropic planning. We’re in san antonio, texas, and i’m very pleased to have with me the president and ceo of the partnership for philanthropic planning. Tanya. How johnson she’s going to be retiring in april of next year, two thousand twelve, after twenty years as president and ceo tanya welcome. Thank you. And thanks for having me, it’s. A pleasure to be here. A pleasure to be a sponsor and partner with the with the conference and with the partnership. No, this must be a pretty emotional time for you. It’s. The last conference. What would you say that of your presidency? Not certainly not of the of the organization of your presidency and chief executive officer ship. What are you feeling, it’s? A very bittersweet time. I have to admit, i’ve had twenty great years. I love this organization. I love all of the people that i’ve worked with, its bin a wonderful opportunity for me to give. Back to philanthropy and give back in some way to those people who have been important to me all my life from charitable organizations, so i’m very sad to leave. I’m excited about having one more career before i really retire, and i’m looking forward to exploring what those options are and hopefully staying in touch with everyone here. Of course, what do you have in mind for that next career? Well, what i’m telling everybody is that i’m going to write a tell all book that’ll scare them nobody’s gonna keep in touch with you then, but it’s too late. You already know it all all these years, i keep saying, i’m going to remember this, so no, actually, i haven’t made a definite decision yet. I’m exploring a number of options, okay? And leaving the window open and i hope by january i’ll have an announcement to make, okay? Okay, we’ll look forward to that, and i’m sure that will be on the website because people do want to get in touch with yes, absolutely so this is probably going to be on the partnerships website. Do you want to say a farewell something that is fitting for? Your imminent retirement well, i don’t know if i could say anything that was really fitting for my retirement, but i will be making some remarks later this afternoon here at the conference and will be video taping those, and so hopefully we’ll have a chance to get those out to members. It would be nice to be able to say a personal goodbye to everyone and and that’s, not really possible, but i hope through the magic of technology that we can do that, so i thank you for this opportunity as well. It’s been a pleasure on dh, thank you and congratulations. Thank you, tony martignetti non-profit radio coverage of the national conference on philanthropic planning. Right now, we take a break when we return. Tony’s, take two, one fact about planned e-giving and then after that, i’ll be joined by our legal contributors, jean takagi and emily chan, with kony complexities. Stay with me. You’re listening to the talking alternative network. Are you feeling overwhelmed and the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed, i and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com 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. Dahna hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com welcome back, it’s, time for tony’s, take two at roughly thirty two minutes into the hour. My block this week is one fact about planned e-giving that fact is it’s a relationship business? People often get bogged down and i think even discouraged ged from starting a plan giving program because they think about technical concerns and needs for expertise, or sometimes people who already have programs get bogged down in administrative work. If you’re starting a program, you don’t need technical fancy advanced gift offerings to have a very solid and very respectable planned giving program, and that is, should be reassuring too small and midsize charities it’s just not necessary. You start with requests, which is a gift in someone’s will those air very simple for you to promote and for your prospects to understand, and you don’t need to go any further in a lot of cases. That’s, a very respectable program for small and midsize shop, just marketing and promoting charitable bequests and on my block this week in that post called one fact about planned e-giving there are links on how to get started because i did a series of articles for guide star they’re links to those articles explaining how you start a program just around charitable bequests. So the one fact about planned giving is that it’s a relationship business you don’t need fancy technical administrative stuff and it’s easy to get started just with requests, that is all at tony martignetti dot com and that’s tony’s take two for friday, march thirtieth, the thirteenth show of two thousand twelve now i have with me jean takagi and emily chan are you guys out there? Way are hi tony money. Hello, how are you joining me from san francisco and the non-profit and exempt organizations law group is jean takagi he’s, the principal of neo, and he edits the popular blogger at non-profit law block dot com on twitter he is at gi tak g ta ke emily chan is an attorney at the non-profit exempt organizations law group and principal contributor to the non-profit law blawg, and she is at emily chan on twitter. And emily chan just recently wanted a big, prestigious national fancy award. Won’t you tell us? Emily thanks, honey. M it is an award from the business law section non-profit organizations committee with the american bar association for us outstanding young lawyer i’m really honored and thankful to gene for making the nomination. All right. And that’s not just a san francisco or california award right attracted the national. Alright, congratulations. Thank you, jean takagi. If you don’t win an award within the next month, next time you supposed to be on the show, you’re you’re out! I think i’m already reporting family, so all right, so but that includes bowling trophies. If you can come home and come in with a bowling trophy between now and the next show, you’re still you’ll still be on. We’re going to talk about kony complexities, let’s see jean, why don’t you remind us what the cockney video is? Because there may be people who haven’t heard of it yet although eighty six million have, we may have listeners who are not among those eighty six million what’s the what’s, this cockney video and what is invisible children kony two thousand twelve, with a short thirty minutes video created by invisible children, was released earlier this month on as you said, tony, eighty six million views on you two, not including all of the views on coney or invisible children’s own. Website and other websites that have picked up the video. So it’s, a huge movement to promote invisible children’s mission to stop ugandan warm and war criminal, uh, who’s, draconian the kony two thousand twelve. It refers to joseph kony who’s brutal guerrilla warfare tactics with the lord’s resistance army or l r a in regions of central africa, particularly northern uganda. Uh includes the strategy of kidnapping children and using them soldiers for his efforts often, uh, using them to kill their own parents. So it’s, just a really, uh, atrocious were criminal out there that invisible children has targeted the video because it was so popular has caused sort of all about what caused a lot of conversation on both sides people in favor of and opposed teo the work of invisible children. And i think a good amount of envy that that that video got so widely distributed. Gene, there are some legal issues that that you and emily see what? Why don’t you get us started with this is thought about this us charity and its international work? Sure, i think that’s a good place to start first, there is the question about whether an american charity can get involved in international programming on having activities overseas. Well, there’s nothing in federal law that would prohibit a u s organisation five, twenty three public charity from engaging in international operations. But of course the organization would have to comply with the laws of that foreign jurisdiction. And in this case, invisible children has an affiliated organization. Invisible children ngo that was formed in central africa on is kind of a partner in their programming over there. So invisible children, public charity, the us public charity engages in grantmaking to the ugandan ngo that’s related on de emily that that foreign grantmaking that’s that could be a concern. Yes, absolutely similar to the same kind of concerns that we have domestically about the use of five to one say, three assets. This concerns certainly becomes more complicated and maybe more severe when we’re talking about money going abroad. Um and so the level of control and oversight on the due diligence that an organization is doing to make sure that money is used properly, something that any organization with foreign grantmaking should be aware of and take care of, okay, and and what are those? What are? The concerns i mean, what are the tests that we’re looking at for whether the grantmaking is is appropriate abroad? Well, they’re quite a handful of tests, so to start on a basic level, any of the five o one c three rules still applied to foreign operations, so concerns about inappropriate benefit to insiders to private individuals for being used for purposes outside of the exempt purpose of the organization, which again must still be consistent with our domestic five twenty three regulations, but also so so so so the so the irs is arm extends beyond just us borders. If you’re a u s five twenty three, your international work is governed by the same constraints as you’re us grantmaking yeah, parts of it work, and i will have, you know, two bodies essentially or more than it may be reporting to you because it is a us non-profit so it does have to comply with u s laws but speaks touch now, it’s getting involved in a foreign country now, you also have to look at the foreign country and figure out what rules would apply as well. So another concern with this grantmaking assad for individual teo donate teo a public charity while that money can be used abroad, it cannot be earmarked to go abroad. I can’t not be earmarked to go to a specific individual, and this is consistent with the same kind of rules you see domestically were again, it can’t be earmarked. Go to specific individuals to get that charitable deduction on. And it goes back to that level of control and discretion that domestic non-profit should have to make sure that it’s actually using the money and further and it’s exempt purposes, and following through with that money to make sure that it’s being used properly by the recipients do we know how much money, um, invisible children was devoting. Teo er non us grantmaking. Yeah, i believe gene has the statistic on hand. Sure. It’s it’s about two point three million dollars in their two thousand ten form nine. Ninety that was reported going towards there. Foreign ngo. Okay, i wanted teo just sort of ad tio empoli comments about not earmarking donations to foreign individuals, but that would also include foreign ngos. If you as a donor, earmark your donation to us charity and say it must go to a specific foreign ngo you will not get a deductible contribution, and the charity will not really be operating consistent with it. Uh, legal requirements toe exercise oversight over that if they’re just merely acting as a conduit. So those things for donors and cherries to be careful of. So in other words, gene, invisible children can’t say up front that it’s going to make grants to i don’t know, you know, some you ugandan grassroots organization, they can’t do that. They say that the donations that they receive are specifically going there. They say that one of the recipients is that ngo okay, okay, um was there i’m sorry i interrupted you. Was there another point you wanted to make about this international grantmaking sure, i just wanted to make sure that everyone was aware that they’re anti terrorism laws that also may apply on us what policy? So you’ve got to be careful of making sure that you’re not acting against us public policy in your porn grantmaking okay, now, that’s just in the grantmaking so that wouldn’t apply to the video that they had done, right, that it wouldn’t matter whether that position against joseph kony was against us policy, right? It actually could matter-ness just okay. All right, how’s that well, if you’re using a charitable funds for which organ donors got deductions for and for which you are not paying taxes can’t use those funds to promote, for example, racial discrimination because that’s against us public policy and that’s true, whether you do it domestically or abroad. Ok. All right, so so, eh? So if the u s had a policy of supporting joseph kony just hypothetically, then they then then invisible children would have trouble with the video that they just produced. Is that right? If they used if they use charitable funds for it that’s that’s, right. Okay. Okay. Just a hypothetical. I don’t know. It’s a law school, hypothetical man, i know you guys were rolling your eyes in san francisco, but i’m amusing myself. So actually something else. Do i wantedto arika with grantmaking that gene and i were discussing recently about the relationship that’s happening here with invisible children of domestic non-profit and grantmaking teo ngo. So, emily, you and jean sit around the office and talk about these things. Do let’s expect that’s? Incredible that’s. I love that. Okay. Well, i mean, that’s what that’s, what lawyers working for non-profits ought to be doing is just yeah, it’s good to hear good years, not just with me. You guys share share information offline. Outstanding. Okay? Whenever a story like this comes out, we do think there’s always lessons to be learned and takeaways, especially when it gets so much attention on. So one interesting fact that jean notice what grantmaking is to an ngo by the same name, invisible children abroad. So this is the organization that was set up essentially in another country. And we’re just thinking from the perspective of an organization that if there is let’s, say hi overlap between the individuals running the domestic non-profit and then the recipient ngo abroad, that maybe the level of discretion that you used on the due diligence on the information you put out let’s, say with your annual reports or your filings, or even on your website, you may want to pursue a higher level of that two again show that there is a step in between the two and it’s not just becoming a conduit, essentially, or collapsing into the same group of people and you discovered this we have just about a minute before break you discovered this or jean discovered it on the nine, ninety. Yeah, essentially that that’s. Right. So, on the nine, ninety, they report they’re grantmaking teo, invisible children, the ngo, but we don’t know very much about invisible children, the ngos. So wait three million went that way. How did they spend their money? And you know what type of due diligence is there that’s not really available to us or the irs, unless they decide to audit the organization. But you are saying that that invisible children has an office in uganda and not invisible children, the us public charity. They formed a ugandan ngo, central african ngo teo teo, okay, and it’s also called invisible children correct. I understand, okay, we’re gonna take a break. When we come back. We’ll keep talking about kony complexities, so stay with me in this crack legal award winning team. Talking alternative radio twenty four hours a day. Hi, i’m carol ward from the body mind wellness program. Listen to my show for ideas and information to help you live a healthier life in body, mind and spirit, you’ll hear from terrific guests who are experts in the areas of health, wellness and creativity. So join me every thursday at eleven a, m eastern standard time on talking alternative dot com professionals serving community. Oh, this is tony martignetti aptly named host of tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent technology fund-raising compliance, social media, small and medium non-profits have needs in all these areas. My guests are expert in all these areas and mohr. Tony martignetti non-profit radio fridays one to two eastern on talking alternative broadcasting. Are you concerned about the future of your business for career? Would you like it all to just be better? Well, the way to do that is to better communication. And the best way to do that is training from the team at improving communications. This is larry sharp, host of the ivory tower radio program and director at improving communications. Does your office need better leadership? Customer service sales or maybe better writing are speaking skills? Could they be better at dealing with confrontation conflicts, touchy subjects all are covered here at improving communications. If you’re in the new york city area, stop by one of our public classes or get your human resource is in touch with us. The website is improving communications, dot com that’s improving communications, dot com improve your professional environment, be more effective be happier and make more money. Improving communications. That’s. The answer. Told you. Welcome back to big non-profit ideas for the other ninety five percent on tony martignetti non-profit radio gene. Before the break, we were talking about the international of the ugandan ngo invisible children and the us invisible children. It sounds like your advice is is just really that there has to be separation between the two, similar to a charity that is in the us and maybe its foundation fund-raising arm. Also here in the u s is there a parallel there? Well, most most charities have their fund-raising arms within the legal entity of the charity itself. There are some organizations that separate out there fund-raising units like an endowment is a separate corporation for risk management purposes and asset protection. So the separation that you’re talking about for those reasons, is similar to what a u s charity and a foreign related nto would need to do with. Well, yeah. Okay. This is this is really some crack forensic work that you guys did finding this in the nine. Ninety. Very interesting. And then, of course, nine nineties all publicly available. Right? That emily, is there another topic you want to? You want to talk about with respect? To the invisible children that we also in looking at the nine, ninety found some interesting information about the progression or, i guess, evolution of the organization’s mission. And again, this is all coming from this publicly available annual information return on, we see that this is all from guidestar, which gives you about the three most current years. In two thousand eight, we see a pretty broad description of the organization’s mission in part three of the nine, ninety, which focuses on program i’m activities, which basically says it’s media based awareness and advocacy provoc grams in the us, we see that in two thousand nine that it now becomes more specific, stating that it’s about raising awareness and education in the us about atrocities, exploitation and abuse is invisible children throughout the world here, now we see a focus on invisible children, and then in the most recent filing available from two thousand ten, we actually see it become even more specific where it says that invisible children uses film, creativity and social action toe and the use of children, soldiers and joseph tony’s rebel war and restore l r et affected communities in central africa to peace and prosperity. So again, even more focused, yeah, so what’s the impact of these changes over three years, there’s quite there could be many impact from this. The first is that one question someone would have is whether this is consistent with their governing documents, because, again, this is an information return. So even if the mission has one thing, you really have to look to your articles of incorporation and those documents to see what actually what purpose you’re supposed to be furthering. So with those documents, the articles of incorporation and the mission statement within them have to have been updated and become more specific from year to year, the way the nine, ninety reports that did they absolutely should, for a couple of reasons, one is, you know, the articles of incorporation are not really accessible to the public. I mean, you’d have to request them. You’d have to be a certain person in the organization, possibly get that information. So for one, communication with donors is very important. Um, and you’re funders into the public, and you would want that to mirror your governing documents in any kind of public information. You have another issue more. Legal issue has to do with the use of your charitable assets that you received so there’s a concept called charitable trust doctrine, which essentially says that the assets you received azzan organization are locked into the mission that you have at the time that you get those so if, for example, in two thousand eight, it has very actually no let’s focus on the two thousand ten right, the most specific two thousand ten, the most specific year, right? And then let’s say in the next year they’re going toe they’re going change it again just in their own internal understanding of how they want their mission to be on, and they’re going to focus on the new region unless they’ve amended their governing documents, even if internally they believe now they’re focusing on a new area under their state shirt will trust doctor, and they were not probably cannot use those assets that are being received. After internally, they decided to make a change to this new focus. What saying another country it’s still going to be locked into this joseph kony rubble war, right? Because because that money was raised in two thousand ten, which was their charitable purpose at that at the time it was raised, right? Interesting god. And so this is just important for organizations to know we seen this, you know, in other cases where an organization has decided internally, it evolved it’s starting to change its focus, but it hasn’t changed its governing documents. And so all the assets that’s receiving are locked into that mission that is still stated in their governing documents. So this is very important for organizations tio check their governing documents also because they’re there for a reason that really helps guide the organization. And why don’t you just remind us, emily, what are those governing documents? Articles of incorporation general will be the most important and then there’s also your by-laws which could be more specific than your articles that this all would play into germany. What your mission, wass i’m and then also just looking at your information return. So the nine, ninety things that you put on your website that can go to misrepresentation with donors on other issues like that, if it’s not consistent and people are donating under a belief of where it’s going, that is actually something that the organization can do yes. Okay. All right. This was a really interesting forensic work. Really? Are you guys going tobe log about this? Yeah, i think so. You know, i’ve been thinking about this week’s show and having this discussion. I think a lot of interesting topics have come out from it that we absolutely would want teo make available to everyone. Okay, well, if you block it, then let us know, and we’ll put the link, of course, on the show’s facebook page. All right, wey have to leave it there. Emily chan and jian takagi, prince attorney and principal respectively, of neo. The non-profit and exempt organizations law group in san francisco. Thanks both for your time. Always a pleasure. Next week, campaign feasibility studies. If we can have fun with this topic, then there’s no stopping twenty martignetti non-profit radio eugenia cologne, a consultant in that area of campaign feasibility studies. Makes sense of what their value is and what the best practices are. And if you know something that rhymes with feasibility, please put that on the facebook page. I want to thank you. Mindy holloman, tanya how johnson and the folks at the partnership for philanthropic planning. For all their work and helping me to be a media sponsor for their conference last year and get those interviews to you that we played today and special thanks to gloria cur mean, at the partnership for those of you who are listening to the podcast, i’m speaking to both of you. Now i would love for you each of you, each of both of you to have to give a rating to the show, because right now on the itunes paige there’s so few ratings that that itunes won’t give a rating. So and actually, there are more than two of you that listen, i would beseech you to please go to itunes, are page in itunes and just click one through five stars. One means you hate it. Five means it’s great and we would love. I would be very grateful to have enough reviews that itunes feels comfortable giving us a of one through five star reading, and you can go directly to our itunes paige in itunes. Or you can go through non-profit radio dot net. The show is sponsored by g grace and company. Are you worried about the rising cost of rent for your organization, do you need a plan for real estate that you’re non-profit owns? George grace has been advising non-profits on their real estate decisions for over twenty five years. He offers listeners a complimentary thirty minute consultation. They are at g grace dot com or eight eight eight seven four seven two two three, seven. I hope you’ll be with us for the next live show on talking alternative, which is betsy cohen’s power of intuition. You don’t have to listen through the weekend, although you certainly can, because we’re streaming all time, but the next live show is monday at eleven betsey’s show. Power of intuition. Our creative producer was claire meyerhoff. Janice taylor is our line producer. The show’s social media is by regina walton of organic social media and the remote producer of tony martignetti non-profit radio is john federico of the new rules. I hope you’ll be with me next friday one to two p m eastern at talking alternative broadcasting always found at talking alternative dot com dahna hyre i didn’t think that dude in there getting ding, ding, ding, ding. You’re listening to the talking alternate network. E-giving nothing. You could. Looking to meet mr and mrs wright but still haven’t found the one. I want to make your current relationship as filling as possible, then tuning on thursdays at one pm for love in the afternoon with morning alison as a professional matchmaker. I’ve seen it all with distinguished authors, industry coolers and experts on everything from wine to fashion. Join us as we discuss dating, relationships and more on talking alternative dot com. Hi, i’m julie, hi, i’m julia, what are you wearing? Welcome to j and j’s. Secrets of style and beauty. 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078: Readings, Possible Futures, Past Lives & Board Oversight Basics II – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Betsy Cohen, psychic medium

Gene Takagi and Emily Chan of the Nonprofit & Exempt Organizations law group

Read and watch more on Tony’s blog: http://mpgadv.com

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No. Welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent on your aptly named host. I hope you’re with me last week because if you were and what a shame if you weren’t, but if you were those who were with me heard entrepreneurs on board, entrepreneurs are under utilized on boards, and jerry stengel, founder of venture near, helped you to make the fix. Who are these people? How do you find them? And how do you approach them to get their special talents on your board? Also, we had starting the plant e-giving conversation with laurie greiff, president of breakthrough philanthropy. She encouraged you to start the plan giving conversation with your committed prospects and donors. Well, if you weren’t with me last week, you are now much more important this week readings, possible futures and past lives psychic medium betsy cohen will take your calls and tweets my bryce just cracked tweets to read your non-profits energy and help you see a wider perspective, reveal what’s hidden and understand possible futures from different alternatives related to donors, staffing, budget programs or whatever challenges you’re facing. She’ll also do readings about career issues. In the second half of the show board oversight basics to our regular legal contributors, jean takagi and emily chan from the non-profit and exempt organizations law group in san francisco unlock the vagueness around board oversight this’s part two of the discussion we started on january twentieth there’s a lot to say and it’s important board oversight between the segments on tony’s take two in praise of naps that’s my blogger this week in praise of naps i’ll talk about why i praise them, so we’re live tweeting as we do every week hashtag non-profit radio use it recklessly, but especially this week we have a guest live tweeter mazarene treyz from austin, texas she’s been a guest on this show she’s been a guest on my podcast for the chronicle of philanthropy that i do monthly. You can follow her on twitter at wild woman fund mazarene treyz welcome to the show on twitter. Right now, we take a break when we return it’s readings, possible futures and past lives with psychic medium betsy cohen, so stay with me. You’re listening to the talking alternative network. 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. Is your marriage in trouble? Are you considering divorce? Hello, i’m lawrence bloom, a family law attorney in new york and new jersey. No one is happier than the day their divorce is final. My firm can help you. We take the nasty out of the divorce process and make people happy. Police call a set to one, two, nine six four three five zero two for a free consultation. That’s lawrence h bloom two, one two, nine, six, four, three five zero two. We make people happy. Durney hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com. Welcome back to big non-profit ideas for the other ninety five percent and your aptly named host. Right now, i’m joined by betsy cohen. Betsy is a psychic medium. She has a background also in social work and psychology, and worked for a nonprofit for over ten years. So you see the important overlap she’s, a reverend in the spiritualist church of new york city, and is one of the top ten psychics in new york, and we’re going to have some fun, and i’m really very pleased to welcome that seat to the show. Welcome. Thanks for having me, it’s. A real pleasure. Yes, i want to tell people first that we are taking calls about your non-profit or about your career at eight. Seven seven for a tow for one two oh, for psychic medium, betsy cohen. And of course, you can also tweet using hashtag non-profit radio and we’re monitoring that hashtag here in the studio. Betty um psychic medium let’s. Try to break it down a little bit. What is a psychic? A psychic is somebody who gains information that they would have no other way of knowing through the collective unconscious or someone’s aura all right? And that could include a non-profit good to be with someone it could about the past president future and you can really tap into any kind of issue you want, even if it’s beyond your own personal self so you can find out information about other people. You can find out information about an agency. And as i was preparing for the show, i was thinking about you prepare for the show like the guest does more preparation in the host, okay, i was thinking about that law about corporations being individuals, and although most people don’t agree with that and it’s kind of wonky it’s, sort of that same idea, you know, each each agency, each corporation has its own sort of set of ideals and morals and things like that and operates as a unit. And so you can read that energy of the unit. And just as i would for individuals, talk about possible futures for an individual, we can also do business called consultations with the same sort of concept. Okay, so the person doesn’t have to be affiliated with the non-profit for youto read the energy of the non-profit they’re asking about or there does have to be some relationship. Well, that’s, sort of. Ah, moral question. I can get information on anything at any point. But if you don’t directly have to do with it, i prefer not to go there so similar as if business. Exactly. I have no relationship let’s say to thee, pick a huge charity to the american cancer society. Right? So it’s, none of my damn business. But through me, you could. But you could read about the american cancer society totally irrelevant. Just that i’m merely the one who brought it up. Yes, i could. Okay, but i choose not to understand. Okay? And then what about the medium part of psychic medium? What’s? A medium mediums are people who speak to people on the other side that the dead. Okay. And how do you? Ah, you know these these air unusual things to most people. Not everyone but but the most people. How does one establish credentials for talking to people on the other side? I mean, how do we know that that’s? A bona fide. How do you know that? It’s quantified. Well. And i am a reverend in the spiritualist church and the spiritualist. Church believes in a higher power the golden rule, things like that, but their primary function is to prove life after death, and so the way they do that is through mediumship. So if i don’t know you, you come in off the street and i make a connection with your deceased grandmother, and i tell you five shared memories that you had or something that she liked or did that really you could identify her from? That would be a way to sort of say, oh, my gosh, she’s onto something here, okay, okay, so they’re so being a reverend in that in the spiritualist church of new york city is a credential. It is just not something honorary. No, you have to be actually a certified psychic medium, which you conduced through schooling. And then on top of that, you know, it wasn’t something i just got online. I went to seminary school for about two years and got ordained, and i conduct church services there, and in fact, i’ll be in austin, texas, texas on the eighteenth, and i hope to co conduct the church service there and do some guest speaking and guess mediumship there, too. Okay, so mazarene treyz you’re in austin, texas, that’s. Ah, reverend betsy cohen will be there on february eighteenth at the first spiritualist church of austin, texas. Okay, a reminder that we’re taking calls eight, seven, seven, four, eight o for one two oh, if you have questions about the non-profit that you’re affiliated with that you work with or that maybe you’re a volunteer for ah challenges about budget or staffing or programming anything that’s ah that’s a concern in that non-profit you can also hit us on twitter using the hashtag non-profit radio. So you mentioned schooling, but i would have thought, and maybe i’m wrong that being a psychic or medium is something that you’re born with. I believe that actually everyone khun do what ideo but some people are more inclined and so it’s, just like, if you wind up growing up and you’re good at math, then you may study math further and you may become an accountant or something like that. So it really is through a lot of practice that you get to be a point where i’m at interest in helping others and things like that so it’s sort of like just getting a roadmap for where you’re going, other people have paved the way before, and they let you know what you can expect pretty much and in just a minute or so that we have left before the break is so this is greater than just someone’s intuition, obviously, but we all have intuition, a gut feeling about a person, a feeling that i left something in my apartment as i’m walking out the door, we all have that level, but this is much greater. I wouldn’t say necessarily greater, but more specialized and more in depth. So, you know, like i said, if if you’re not good at taxes, you might get, like turbotax online or something versus being an accountant and being someone who does taxes for a living. So it’s really just that concentration and practice really practice makes perfect, so it is also a lifestyle, so i don’t use any cards or any instruments or anything like that. It’s just my body. So i have to make sure that i keep really good care of my body. So there’s a lot that goes into it. Okay before the show, you said you have very good immune. System is bragging because i have. I have bronchitis right now, which, measuring treyz you don’t need to tweet that part, but betsy claims more sophisticated immune system than me. We’re going to take a break, and when we return, more readings, possible futures and past lives with psychic medium. Betsy cohen. Stay with us, the defendant think dick tooting, getting thinking thing. You’re listening to the talking, alternate network, itching to get anything. Nothing. You could 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. Oppcoll hi, this is psychic medium. Betsy cohen, host of the show. The power of intuition. Join me at talking alternative dot com mondays at eleven a. M call in for a free second reading. Learn how to tune into your intuition to feel better and to create your optimum life. I’m here to guide you and to assist you in creating life that you deserve. Listen every monday at eleven a, m on talking alternative dot com. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed, i and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com talking alternative radio twenty four hours a day. I’m christine cronin, president of n y charities. Dahna you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. Welcome back to the show we’re talking about reading is possible futures in past lives. Becky, what is the advantage for non-profits what could what could a charity expect from a reading? Well, i know that especially in these quote unquote hard economic times, let’s, just call it a recession. We’re in a recession from metoo call it was called, we’re in a recession, eso in the recession dance and the recession non-profits tend to have it harder with funding being pulled left and right, and it really does trickle down from the top to the employees, and it could really affect morale and decision making and there’s a lot of the decisions that have to be made nowadays that didn’t necessarily have to be made five, ten years ago. And so when ever people come to a reading, whether it be a business consultation or individual, they’ve got issues that they don’t know the future of, they don’t know what direction to take, and if you have possible options, i’m trained to look into possible futures. So even hypothetical, yes, absolutely, because we do have free will, and so i don’t personally believe that, you know, as faras the american dream is concerned. We have ah, plethora of options to us all the time. But there are crossroads that come up. And so when you’re at a cross road that’s a time when you can say okay, well, should we should we go with this funder, or should we put our money in this area? And so i can say, okay, well, if you went with this funder, this is what would happen if you put your money elsewhere. This is what would happen as well. So you can really take a good look at the possible scopes of things. It really helps with decision making. On top of that, you know, there are a lot of things that, as you mentioned in the beginning of the segment, that it’s there’s hidden, hidden agendas and i do provide a wider perspective. So when especially people on the top of the letter don’t necessarily have the best connection with the people who are running the agency day today and interacting with the clients and things like that. And so with my my work and social work, i’ve seen sort of all stratos fears and and helped with that sort of communication so that so that the employees who were really running the business feel appreciated and the people on tap can make the best decisions for the whole agency, that kind of thing. Um, and as far as the problem solving goes, what i also say is, you know, you ask one question, but there’s a whole bunch of hidden questions in that as well. And so my job is to ask, ask, ask i am somewhat like a telephone, so if you’re getting a business consultation and i’m speaking with, you know, the collective, if i don’t ask the collective of it, i don’t ask divine source, it doesn’t get answered, so i ask all the whos that what’s the wise and the wares in the ones behind your question to really get a complete answer. Okay, now on the show, we have jargon jail, and you’ve just committed to offenses, but but they’re not as technical as we usually get a lot of times lawyers will find himself in jail, but the collective and divine source. Okay, so what are what are these? Okay, well, they in these terms, they’re sort of they’re sort of the same thing. There’s there’s an energy that connects us all and actually science modern science is actually leading us to to these conclusions as well. Some of it is not so easily access, but you can find it. And so is that that a lot of people believe in the soul, right? So there’s a part of us that’s, energetic that’s bigger than our body, and it’s connected to everyone so that’s sort of the collective unconscious that’s how we tune in we’re all plugged into this one energy and divine consciousness is that that in that intelligence source that is there only to support our highest good, and just always supports us, so they’re very similar, but slightly different. Sometimes i feel the divine energy is electrocuting me way have a question that came by email, i think, betsy, so go ahead. What is that? Yeah, anna in brooklyn says if i feel stuck and not being fulfilled at work, she works for a nonprofit, but afraid to change jobs. What can i do to find a passion? And so for for and i do feel like this happens to a lot of people when you’re in a non-profit for a while you sort of especially if you’re young, although even if you’re just new to the agency ah lot of times you’re really gung ho about it, and you’re gung ho because you go in with your your heart, you go in with the passion nobody is in non-profit to get rich, we know that right it’s a life of service, and so when you go in, you have on the forefront of your brain and your thinking low, i’m going to go in to help people. I’m going in to help people, and you go in with that passion, and then you go in and you read, you hear all the bureaucracy and the old staff member start to complain, and you start to see the different side of all the administrative stuff, and maybe you don’t feel appreciated, and then your passion starts to diminish and you start to lose track of what brought you there in the first place. What brought you that fulfillment and that joy? And so when you’re looking for a new job, what is always recommended is it sounds a little bit backwards and we’re not really taught this, but i know firsthand. That it works, especially when i worked in non-profit i was able to switch jobs by doing this is you need to create that passion from within again in your current job. What is it that brings you there that will connect you to your heart center, and that will let you sort of really tune into what it is that you’re there for in the first place, and then you can start to tune and say, okay, well, this aspect of the job i liked, but this aspect of the job i don’t like, and you can start to search with what it is that you do like, and you can start your job, search that way and then another quick thing is that when you, when you start to do that, when you start to appreciate where you are, your energy changes and the energy of those around you changes think of when you having a good day and everyone around you is smiling because you’re smiling versus getting up on the wrong side of the bed. So then there’s a thing when you have a job and you switch your attitude around and you go searching for a job. The people that you interview with want you because you’re bringing in a different energy of someone who’s unemployed and who needs that job? I just needed to pay the bills. That’s, not your best energy. And when you go in, you could be bruce. Exactly. And so you and you’re not being desperate because you hate your job already as well. So you say they say, why are you here? And they say, well, you say i want a new skill set i want to bring my passion to your agency and they’re speaking from the heart versus sort of masking your dissatisfaction at your old job now and so that’s. All very good. I think job search and job change advice. But are you able to read anything about anna’s situation just just from an e mail? Is that is that possible? Yes, absolutely. That was that was for and i don’t even know her last name. Oh, yeah. Yeah. Well, that that really applied that would really apply. Generally, it would because it’s it’s something that we all go through. But for her specifically it well, it works as well. She has a follow up. Question should i read that? Yeah, okay, she says at non-profits even if i do believe in the work i dio, how can i find more comforting asking for a financial support from the community, especially after bad press? So she’s talking about fund-raising so that’s a that’s a big thing as well, especially with the press, trying to find all of these things, you know, just a good story. So i would say, and one of the things that you do want to do is you do want to find those passionate people. The people who are there are ready with their heart, and if you can, if you can get the people who are actually receiving the services to somehow be represented, not necessarily that you want them to do the fund-raising themselves sometimes videos can really help. So the people who receive the services they have, you know, heartfelt message is if it weren’t for this agency, i would not be ableto walk today. I would not be going to college today. Videos really work sometimes, um, sometimes just stories that you can have a sort of, not a postcard. So you want to have that that poster child who was really affected those things, and if you have enthusiastic clients who want to be out in the public and say, can you help us out along with the staff members, that can be really helpful? That could be very compelling, absolutely than alive story to a board or ah, or an event that you’re hosting absolutely gala and those those are the things because you you always and this is a general thing, but it’s specifically for this question as well, you always want to focus on what you want versus what you don’t want. And so if you have that client and that staff member who are very passionate and very affected, the people, the audience, the people who you want to donate money are going to see that, and they’re not going to be concentrating on the story that they read last week about the agency other value that that non-profits could see in the reading focus on this little bit more the hypothetical that we mentioned earlier, so it doesn’t have to be it’s, not it’s, not limited to existing circumstances, but even just ah, question about different alternatives absolutely that’s what? You mean by possible futures? Yeah. Um, when i was in social work, i primarily not all the time, but i primarily worked with people with developmentally to say do weird about developmentally disabled. And they were pretty high functioning. My job was to educate them on the consequences of their actions and then let them make their own decisions. Unless it was a health and safety risk. Right? This is what i bring into my readings. And so when people come to me with a business consultation or personal constitutent consultation they say yes, but what should i d’oh? I say, well, that would be putting my own judgment in. And i take myself out. I will tell you, if you do this, this will happen. And if you do this other path, this other thing will happen. So you get to choose on dh with what degree of certainty can you say that? On your saying this so that this will happen with this other thing will happen? Not may happen. Might happen, you know, you know, it really depends on the feedback that i get from readings. So far, the feedback has been eighty to one hundred percent. Accurate how people come up with those numbers, i think is just sort of ah, feeling i do tape every reading and send it to people so it’s possible that they’re sort of rating on a checklist, but i wouldn’t. I wouldn’t necessarily go that far with it, and i don’t know of anyone personally who’s done that it’s just really a track record of of the past readings and how much they’ve come true and also, you know, i always look for the for the best possible future for somebody, so there isn’t necessarily doom and gloom, although someone did ask me if i get something negative, will i relay it on what i say is that whatever i get, i give, so if i get something negative, i’ll deliver it to you, but we’ll also ask, though, who’s the what’s, the wise, the wares in the ones to either avoid that or make the best of that psychic medium. Betsy cohen is a za reverend in the spiritualist church of new york city, and we’re talking about readings possible futures in past lives. You can reach us on twitter using hashtag non-profit radio or call eight seven seven. For eight xero for one to zero what is spirit and and is it related to the organizational type readings that we’re talking about? Absolutely spirit is is the energy that i believe exists in everything around us. I believe what’s an intelligent force and i believe it’s what keeps things together, and i also believe that we can sort of harness spirit to create things there was this the collective energy that i said electrocute feel like it’s electrocuting me? Yes, it’s the same thing. Yes. Okay, go ahead. Yeah. And and what was the other part of the questions that were that doesn’t relate to organization it’s readings as well as individual meeting? Absolutely. Absolutely. The thing is, is that everything that’s been created and will be created first started in someone’s mind’s eye and so it’s really bringing that fourth and so that’s. What non-profits will do in a reading is they’ll wonder what they should manifest next to watch the next step should be. And so when you talk about that it’s like, well, what is the best step for you and talking about that? So here and in terms of, um, your work connecting with the dead being a medium. So first, let me say all psychics or not mediums, right? That’s, right? All right. Okay. Yeah. With that at all, be related to organizational readings like someone who’s who’s used to work for the organisation is now deceased possible. Yes, it is. I mean, it’s getting a little far out for your show, but absolutely well, just it’s a consulting a dead person for a non-profit i mean it’s definitely possible and probable, especially if that person was really good at bringing the organization to a good place leading the organization whenever they were the founder. Exactly that’s possible or or or an influential ceos ceo for decades or something. And they have a lot to say about the current course of the of the organization. No, absolute, yes, absolutely. You can also call on other famous people who were good at what you’re looking for. You can also ask them for consultations as well from that. And, you know, it’s it’s really good. Because i always say when we’re contacting the dead, it comes through their filter so you wouldn’t want to contact the ceo who led the organization into the red about money, you know, you might want teo about, you know about anything else, but you probably wouldn’t want to talk to them finances, but that’s it’s a really good point and i have have now. Now you say it’s a really good point, but two minutes ago it was it was too far afield for the show that man complete one eighty you doing for embarrass me and you say, it’s your show so i shouldn’t have made that judgment people embarrass me also, i embarrass myself. It doesn’t matter if you don’t, i will. So you may as well make your point, though that was the point is that that is that is a really good point. And and if you did want to contact someone on the other side, i do have really high standards from my mediumship. So if i’m giving a reading for anyone i really want to come up with identify irs, and i’ll explain what that is so that you know, that they’re here so things that i would have no way of knowing the way they died, what they liked with some of the personalities may be a shared memory that you had with them something like that, so that, you know, if i gave you five, identify ours, and you’re like, whoa, that’s. Definitely, you know, the last ceo, he definitely made that joke to me that something that was convincing to me in the beginning was it was conveying the personality of a deceased loved one. And then, you know, the very first reading that i had it was she was using the exact words i used the day before. And, you know, how would that person know that? We pretty much are out of time. I wantto i want to let people know that he has a show here on talking alternative, which is the power of intuition and that’s on mondays at eleven a, m here at talking alternative dot com, she has a background in social work and psychology, and has worked for a nonprofit for over ten years. Courses, i said, reverend in the spiritualist church of new york city and that’s, a corner one, thank you very much for being on the show, things going to give out my web site, new york psychic no, go ahead, new york city psychic that comets all spelled out in new york city. Psychic dot com. Thanks for coming into the studio on a friday. Thanks for having me, he’s. Been a pleasure. We’ll take a break, and when we returned, tony’s take two about naps and then board oversight basics. Stay with me. You’re listening to the talking alternative network. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics politically expressed. I am montgomery taylor, and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com 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. Dahna hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com durney welcome back to tony martignetti non-profit radio it’s, time for tony’s, take two at roughly thirty two minutes after the hour in praise of naps. That’s, my block this week. Um, i just i love naps. You know, if naps ran for president, i would vote for them, you know, because it’s, time to rest the body and rest the mind, and i’m sure that betsy cohen would say, rest his soul or something similar. It’s, just it’s rest, you know, and midday. I know a lot of people can only do them on a weekend, but i am fortunate to have the luxury of working at home. So sometimes on a weekday, i can indulge in an app and that’s. What my block is about. Ah, little about some peoples, different idiosyncrasies around. Ah, the proper venue for your nap, you know, bed versus sofa. Or maybe a comfy chair. Cover. I make a point that having the cover that’s just the right weight is important. I have my favorite blanket when it’s folded in half. It’s the perfect it’s a hideous color but it’s a great it’s a perfect weight when it’s folded in half. Um, something else that was nufer me ah, friend mentioned sound level. I mean, i was take my naps in silence, but she likes a tv low in the background, so sound level is something i hadn’t thought off. Anyway, you have your own idiosyncrasies. I hope you get the opportunity to indulge in naps and that’s what my post is about you’ll find my blogged at attorney martignetti dot com and note that that is a different girl than previous tony martignetti dot com that’s tony’s take two for friday, february tenth the sixth show of two thousand twelve excuse me, i’m very pleased now to welcome back jean takagi and emily chan gina’s principle of neo the non-profit and exempt organizations law group in san francisco he edits the popular blogged at non-profit law blogged dot com. You’ll find him on twitter at g tak g t k emily chan is an attorney at neo-sage contributor to the non-profit law blogged and she’s on twitter at emily chan, gene and emily welcome back, durney durney pleasure to have you. We’re continuing our conversation that jean and i started last week. Sorry last month about board oversight and gene, we had we had just we’re just the point where we’re getting some lessons from the penn state and second mile scandal crisis. What, you just remind listeners what that situation was about before we get some more lessons from it? Sure, honey, i think there’s been a lot of news, and jerry sandusky, who was an assistant football coach at penn state university, was founder of a children’s charity called the second mile. Uh, has, which is a charity that served more than one hundred thousand children annually. Mr sandusky was indicted in november following that three year investigation into reported sexual assaults of young boys by sandusky, including taking a shower with a boy at the penn state’s facilities and he’s actually at a pretrial hearing today. Oh, and uh, so he continues to be in the news the second mile, the big organization against serving more than a hundred thousand kids. Annually is now really hurting very badly in and maybe looking at closing in trying to transfer its program so huge impact of this child sex abuse scandal where sandusky was was indicted again for sexual assaults over a period of about fifteen years. And and sadly, since our last conversation about this, joe paterno died, i was dragged into the into the scandal under criticism that he hadn’t done enough to to report what he had learned on he died just a couple of days after after you and i talked. Gene um, so what? We were at the point where we’re talking about just getting help for your for your charity, what kind of help might a charity need from the from the outside? Why? I think they’re different things, and emily may want to chime in on this, too, but i think the first thing is to respond to those allegations of the charity when you’re your responsibility is taking care of those children. And you got a count of somebody who’s responsible party that interacts with these kids, taking a shower with children or engaging in other inappropriate behavior on there’s a grand jury actually looking into it, you’ve got to conduct your own internal investigations, and if you don’t have that expertise in house, you’ve got to get outside help to help you and obviously having an independent invest investigation and be very, very important as, uh, sandusky was the founder and might have been seen to have had undue influence over the leadership inside the second mile charity. Having an independent investigator take a look at it on if they need it outside, help to create more policies to protect the kids. Those are all things that were paramount for that board for that leadership act on right away. Yeah, emily besides the independent investigation, are there other investigation you know of ah serious allegation like this? Are there other functions that are important for charity’s? Tto go in seek of outside help with absolutely so amazing to think that we’ve been using in the sector. Assad organizations, they’re not doing a good job with implementing an emergency plan or even having a number to see plan to begin with. And so that’s something you can certainly see pr for talking to other organizations that have had similar troubles, especially with something like the second miles, you know, we’ve seen, for example, boy scouts of america go through a long history of legal cases related to sexual abuse, maybe reaching out to those organizations or seeing what they have done can help inform what might be effective when you’re dealing with a bad situation as well and it’s not only in cases of crisis, right, emily, that board should be looking for outside help. That is such a good plane. I really think the starting point for months over and organizations related to governance begins before and even bad actually happened, and it really should be from the inside out. So at a basic level, looking at things like policies, looking at the way that you described your information to the public, all of that should be an ongoing thing that’s being monitored before anything bad even happens. And so that sounds like an audit function. Is that what you’re describing in a way? You know, i don’t want to pretend that good governance is easy, it’s, certainly something you have to work hard at, but there’s steps out leaders can take to lessen the risk of bad governance, and so then when bad things happened that they don’t become exacerbated or get out of control. So looking at policies, this has really been something that’s come up with the for my ninety, and i think many organizations have the misconception of looking at it in the frame of how do we avoid an irs audit? And they think the right way to look at it is to think about policies as faras their utility on, and it does serve an audit function, but it also just helps an organization run it better, and it helps some underst and the role better to and a lot of the policies are things that jean and i talked about, the last conversation we had on this topic, which was on the january twentieth show. All right, so now i think a very good point that it it’s you don’t wait for a crisis, right? Emily toe tio, have your have things in order, correct? And i think also to build on the conversation that you and she had last time, you know, the ninety references policies that are very common, but i think an organization also needs to look at their specific situation to determine what. Policies are useful, so for example, here with the second mile, where they’re working with children. You know, the nine, ninety doesn’t save you have policies related tio sexual abuse prevention, but for an organization that has a mission and know that this risk in this context, that maybe something that their donors and their thunders and the public want to see, even though the nine ninety doesn’t specifically asked for it on dh, that would be the role of the board teo, to recognize the need for policies that are specific to the organizations work. It absolutely should be a discussion that’s happening on the board level, jean, those nine nineties that emily is referring to those things that signed under penalty of perjury, right? Absolutely. Tony so, you know boardmember sze should be, in my opinion, although there’s some controversy about this, i think all board members should be taking a look at the form nine ninety before it gets submitted to the irs to make sure that it is representative of what the organization is doing and the organization’s values. Because it really is, in my opinion, again part of the board members fiduciary duties i know. Some people feel like, well, if the board members have to read the nine, ninety that they can increase their personal exposure to liability, if there’s something you know really wrong that’s reflected in the nine, ninety, and they didn’t act on it, and i think that’s a board members job anyway, so rather than just sort of e-giving this defensive legal counsel about, you know, making sure you’re not getting into any trouble wait really want to be proactive about it and say, you know, we’ve got to tell directors what their jobs are so that they can really manage or govern and provide proper oversight to make their organizations do their best work. You mentioned that there’s controversy around whether boardmember should review the nine, ninety is that right? Yeah. There’s a little bit, tony. So i’m what’s up. Some people say that maybe a few board members, a committee perhaps be charged with taking a look at the nine ninety on and they take on the responsibility of doing it because if you are going to be assigned that role and that is part of your responsibility, then you, you know, add to the exposure that you have if you blow it, so if for example, the nine nineties showing that you’re going insolvent, oh, and that you’ve got no policies in place to prevent things like whistleblowers, retaliation, then that may be something that a director that’s been assigned to look at the nine, ninety is going to be held accountable for and so that there may be some fear in terms of protecting individual directors from saying, well, if you’re not going to read this closely and carefully, then you shouldn’t be a find. This is a task that you must do so that’s a little bit of the controversy, i still think the whole board should read it from ah ah, liability perspective this is this is interesting is, is somebody better off not reading it? And then claiming that it wasn’t my job to see it or they better off seeing it and then having done a bad job and ignored things that were that were clearly on there? Good question, i love it when you see a good question, because i really don’t know what i’m talking about. So it’s really it’s it’s very uplifting. Thank you, it’s. Very good. Always want to give you that pat on the back undeserved, but i think you really have to take it into context of what is going on and what type of troubles have, you know, weren’t seen and weren’t acted upon before you can really make that decision of which is worse, but again, sort of being proactive, i really think boardmember should know what the nine ninety is saying because the nine ninety is the public document that everybody can see and maybe forming their opinions on and in the second mile case and in, in fact, and in the recent susan g komen case nine nineties, or what people will look like, including the media whenever the organization is sort of experiencing this, uh, media convergence on their practices and whether they’re doing good things or not. And if you’re nine nineties are not really helping reflector organizational values, and i think you have some issues and the board, the board oversight, which is what we’re talking about. I think part of that is making sure that you know what you’re saying to the public and the nine nineties there a good place to start and in mentioning common, you’re referring to what’s. Been in the news just the past week, with the controversy between the susan g komen for the cure and planned parenthood, whether coleman would fund or not planned parenthood’s activities. And they have decided not to as as a board, ah, board decision, and then and then reverse that decision just to let people know where we stand. Cause a lot of people listen to us. A podcast. A couple of months after the show, we’re going to take a break right now and when we return. More board oversight basics. Part two with jean takagi and emily chan. So stay with us. Talking alternative radio twenty four hours a day. Hi, i’m carol ward from the body mind wellness program. Listen to my show for ideas and information to help you live a healthier life in body, mind and spirit, you’ll hear from terrific guests who are experts in the areas of health, wellness and creativity. So join me every thursday at eleven a, m eastern standard time on talking alternative dot com professionals serving community dahna. This is tony martignetti aptly named host of tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent technology fund-raising compliance, social media, small and medium non-profits have needs in all these areas. My guests are expert in all these areas and mohr. Tony martignetti non-profit radio fridays one to two eastern on talking alternative broadcasting are you concerned about the future of your business for career? Would you like it all to just be better? Well, the way to do that is to better communication. And the best way to do that is training from the team at improving communications. This is larry sharp, host of the ivory tower radio program and director at improving communications. Does your office need better leadership? Customer service sales or maybe better writing are speaking skills? Could they be better at dealing with confrontation conflicts, touchy subjects all are covered here at improving communications. If you’re in the new york city area, stopped by one of our public classes or get your human resource is in touch with us. The website is improving communications, dot com that’s improving communications, dot com improve your professional environment. Be more effective, be happier. And make more money. Improving communications. That’s. The answer. Talking. If you have big ideas and an average budget tune. Tony martin. Any non-profit radio we dio i’m jonah helper, nari team in co founders of next-gen charity welcome back. We’re talking about board oversight basics with jean takagi and emily chan. Emily, you refer to something earlier. We’ll go a little more detail on policies that are specific to your organization because i think a lot of people just sort of copy things that they find on the web. Yes, they dio i would strongly advise and suggests that organizations put more thought into the policies that they’re going to adopt at their organization, then to just take something wholesale or not really put much thought into it in order to check yes on their nine, ninety on these policies really have a lot of utility. I think that for one, they said consistent standards on dh. They also deal with what you know for any person can be an awkward situation dealing with executive compensation, conflicts of interest. And so you really have to think about these policies in terms of how it’s going to be implemented at your organization and to your point earlier, not only how it’s going to implement it, but what around your work requires specifics? Absolutely. And again, going back to the conversation about the public information that’s out there today. You simply can’t unring a bell when it comes to the internet, and so every baby, they’re putting out there to the world, you have to understand that there’s, a variety of audiences, that r rating on our way to screw anything. Yeah, emily, i’m going to switch over to jean because your connection is getting very weird. It’s just. It just sounds kind of pulse e and echoey, very echoey. So, jean, i’m going to switch over to you and ask you, just what? What other types of charities i need to be sensitive about. They’re the way their work relates to the policies that they need besides working with children. I think it it’s reflected every charity, tony, for example, if you’ve got an environmental organization, you may want to decide what your investment policy is going to about excellent investment in everything and what happens when when others get ahold of what you’re investing in. So investing for social responsibility to be a very important thing. Teo, all charity. If you’re an arts organizations, for example, um, you may want to have some, you know, particular gift acceptance policies in terms of accepting different types of artwork does it really further the mission that you have your particular mission? And what about the carrying costs of having that art? And do you have to live up to donors restrictions? How do you deal with that all sorts of particular issues that an arts organization might have that a social services organization wouldn’t have with respect to a gift acceptance policy again, just taking things off off the web or just borrowing and other organizations policy and copping it, you lose all the benefit of really putting in your own particular circumstances in there and part of what’s really great about developing your own policies is the conversation around it? Because you’re going to be bringing up other issues that may not be reflected in your policy, but maybe reflected in your actual practices and how you do things, and all of those things can come up or emerged from discussions. You discussing different policy? And this is all very healthy for a board and it’s senior staff to be talking about, right? Yeah, exactly and isn’t really that what we want isn’t that type of activity we really expect from boards rather than to, you know, just sort of listen to report on dh, you know, just sort of possibly going through the motions. We really want them to be active about planning for the organizations in the future of providing proper oversight to make sure that things are in compliance right now. Ah, and protecting the charitable assets on behalf of all of our community. So too close, then this this two part topic and again listeners, uh, just to remind you that the first show was january twentieth. We’re talking about the subject. Just remind listener jean what’s, the what’s, the purpose of the board. I mean, what? What? What’s there roll around. Not their purpose, but what’s their role specifically around oversight. What do they need to be having front of mind? But, you know, general corporate law, if i can avoid jargon. All right, weren’t you a little cool? Watching there’s only two minutes left noted notice how he treads on drug in jail with only two men stuff, but i’ll still get you in there. I’ll get you in with thirty seconds, so don’t you’re not you’re not free the you know, the general corporate law provides that all corporate powers are to be exercised, buy or under the authority of the board in all activities of the organization are to be managed under the direction of the board. So really, the buck stops with the board everywhere and that’s why boards need tohave systems to provide appropriate oversight over their organization, and that goes everywhere. So not just responding to a scandal like the second mile, but just doing their missions effectively and efficiently. So that’s, really what board oversight is about, emily once said, you know, directors aren’t just simply warm bodies or in a boardroom or prestigious titles on a roster. Um, they really have to accept and live up to. The responsibilities that go with being a director and that’s the duty of karen duty of loyalty for the lawyers out there. Maybe that gets me into stargate jail, but they’ve got to think about how many boardmember said the organization often we have how often should they meet? What are their expectations? What consequences are they don’t meet their expectations. How did they review both financial and programmatic activities? And we touched on that before on the last show as well. On dh how did they review legal compliance and risk management structures? How did the assess the external environment for opportunities and threats? That’s all part of board over. Jean takagi is principal. And emily chan is an attorney at neo-sage non-profit exempt organizations law group in san francisco. You can find both of them on the blogged non-profit law. Blawg dot com emily gene, thank you very much for being on again. Thanks for having it. It’s. Always a pleasure. Thank you. Both. Next week we’re gonna look at consulting relationships from both sides with penelope cagney on her book non-profit consulting essentials. What non-profits and consultants need to know keep up with what’s coming up sign. Up for our insider email alerts, you could do it on the facebook page. You know where to find facebook and then it’s just the name of the show, please like us if you like the show listen, live our archive you’ve accomplished alive, but if you weren’t with us, right, this minute archive were on itunes. You find our itunes paige at non-profit radio dot net subscribed there. Listen, any time on the device of your choice on twitter, you can follow me the show’s hashtag is non-profit radio used that hashtag recklessly measuring treyz was our guest tweet guest live twitter this week, but something came up for her so i suspect we’re goingto have her back. Ah, in the not too distant future mazarene thankyou for live tweeting today we’ll get you back. I mean, we’ll get you back on the show, not get back at you that’s not what i meant show is sponsored by g grace and company. Really? I mean, if you have concerns about real estate, whether you are in a lease or you own real estate, you don’t know what to do with it. G grace and company corporate real estate services can help you was george grace has been advising non-profits on their real estate matters. Lease or own for over twenty five years, you really should be in touch with them. If you have questions about real estate, you’ll find the maggie grace dot com or eight eight eight seven four seven two two, three, seven. The next live show on talking alternative is betsy cohen’s. I want to thank you again for being guest today, and it reminded at her show, is power of intuition. On monday at eleven, she gets more calls than i do, which means i got screwed. Our creative producer is claire meyerhoff. Sam liebowitz is the owner of talking alternative and is our line producer for today shows social media is by regina walton of organic social media, and our remote producer is john federico of the new rules. I hope you’ll be with me next friday went to two p m eastern at talking alternative broadcasting, which you always find at talking alternative dot com. I don’t think that’s a good ending. You’re listening to the talking alternative network. Get in. Nothing. Cubine looking to meet mr or mrs right, but still haven’t found the one. I want to make your current relationship as filling as possible, then tuning on thursdays at one pm for love in the afternoon with morning alison as a professional matchmaker, i’ve seen it all with distinguished authors. Industry grew ours, and experts on everything from wine to fashion join us as we discuss dating, relationships and more on talking alternative dot com. Hi, i’m julie, hi, i’m julia, what are you wearing? Welcome to j and j’s. Secrets of style and beauty. We know there’s, beauty and style, and all you do, whether it’s a job interview, first date or wedding, we also know that not everyone understands what works best for him or her. We’re here to help. Think of us as your personal beauty style and grooming guru’s, as industry experts will give you the best information for men and women on howto look phenomenal. Tune in tuesdays at eight pm tto. Learn how to look your best. Are you fed up with talking points, rhetoric everywhere you turn left or right? Spin ideology, no reality, in fact, its ideology over intellect, no more it’s time for action. Join me, larry shot a neo-sage tuesday nights nine to eleven easter for the ivory tower radio in the ivory tower will discuss what’s important to you society, politics, business and family. It’s, provocative talk for the realist and the skeptic who want to know what’s, really going on. What does it mean? What can be done about it? So gain special access to the ivory tower. Listen to me very sharp, your neo-sage tuesday nights nine to eleven new york time go to ivory tower radio dot com for details. That’s, ivory tower radio dot com everytime was a great place to visit for both entertainment and education. Listening. Tuesday nights nine to eleven. It will make you smarter. 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, too? 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069: SoMe 4 PG & Your Nonprofit In Politics – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Kristen Schultz, senior vice president at Crescendo Interactive

Emily Chan of the Nonprofit & Exempt Organizations Law Group

Read and watch more on Tony’s blog: http://mpgadv.com

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Dahna welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. I’m your aptly named host. I hope you were with me two weeks ago when we had your plan. That was jason hutchins as my guest, he’s, the president of non-profit solutions. And he told you why you need a night plan and what belongs in it. We talked about budget equipment outsourcing the cloud and mme, or to help you avoid an crisis and the goods on google plus pages are tech contributor scott koegler, the editor of non-profit technology news. He’s on with me once a month, you kicked the tires on the recently released google plus pages for organizations. Should you take one for a test drive? How are they different than facebook pages? And last week i hope you enjoyed your thanksgiving. I hope you did not go shopping on thanksgiving day this week. So me for pg kristen schultz, senior vice president for crescendo, is going to share her research and interview results on the best uses of social media to support your plan to giving program video’s testimonials blogging tech in from technical information and she’s joining us from camarillo, california our next guest on the show is also from california. It’s going to be your non-profit in politics emily chan, one of our regular legal contributors from the non-profit and exempt organizations law firm in san francisco, identifies the limits around political campaign activity and election earing we’re approaching a presidential election year. What can your non-profit do? And how does the irs decide whether you’ve crossed the line under the first amendment? What can your employees say on tony’s? Take two at roughly thirty two minutes after the hour my block this week is thank you. There are many things i’m thankful for, and i’ll talk a little about those on tony’s take two. We’re live tweeting this week we have a guest live tweeter manette singleton from atlanta, georgia. Thank you very much, lynette, thanks for joining us. You can follow lynette she’s at s c g for non-profits and that’s a number four and to join the conversation on twitter with lynette’s live tweeting use hashtag non-profit radio this show is sponsored by g grace corporate real estate solutions. We’re going to take a break. And when we returned, kristen schultz from crescendo. So me for pg, stay with me. Dafs you’re listening to the talking alternative network. 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. Is your marriage in trouble? Are you considering divorce? Hello, i’m lawrence bloom, a family law attorney in new york and new jersey. No one is happier than the day their divorce is final. My firm can help you. We take the nasty out of the divorce process and make people happy. Police crawl. Offset. Two, one, two, nine, six, four, three, five, zero two for a free consultation. That’s lawrence h bloom two, one two, nine, six, four, three five zero two. We make people happy. Hyre hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com oh! Welcome back to big non-profit ideas for the other ninety five percent on tony martignetti non-profit radio, i guess now is kristen schultz. Kristen is an attorney at crescendo interactive. She specializes in online marketing and social media for planned gif ts she speaks widely and is a principal faculty member of gift college christians on the board of the american council on gift annuities and isa boardmember for the partnership for philanthropic planning of greater los angeles, you’ll find her on twitter at crescendo tweet and her planned giving blogger is kristen schultz dot black spot dot com i’m very glad that kristin’s work brings her to the show. Christian schulz welcome tony, pleasure to have you on you did some research and some interviews to try to discover best practices for planned e-giving why don’t you tell us what your methodology was? Yeah, i was receiving questions on social media in my work with plan giving, charity and charities were asking me why my organization use social media were planned gift. Is anyone using these tools successfully? And how much time will this take? And really what they want to know is what is the return on their investment are they going to achieve any result from these efforts? And so i began looking for information in this area and found a lot really on the current giving side, but nothing specifically directed towards certain gifts. So i started to compile my own information i it took a survey and advertise it broadly and receive the numerous examples from charities across our community and began to share those as best practices that they spoke this last year and next year. Well, ok, and how many websites did you look at? How many charities did you hear from? I would say over a hundred different sites, and then i personally interviewed sixteen charities that i thought were the best example i found, and those are the ones i featured in my study, ok? And did those i guess the sixteen since you thought those were the best? Did they cluster around any particular mission? Charitable work? No, they were all different, i would say the majority of securities that are doing social media, our educational institutions in that makes sense because they’ve bought vast alumni networks and they’re already doing that for their students on. So i found a large group in the college and university field, but i have examples that are hospitals and medical centers and community foundations, all different types of organizations, okay, when i think that’s reassuring to charities to know that whatever their mission, they can do well with social media for planned e-giving maybe we should just give a little encouragement a little inducement, perhaps teo be using social media and promoting online giving? Well, obviously that’s an increasing trend right online, giving it is it’s an increasing trend and there’s been tremendous growth in that area there surveys produced by blackbaud, and they do the online giving report on video online e-giving group in two days ten by thirty five percent and at the same time, we’ve seen this rise of social media so there’s this explosion and growth on the web charities air trying to find easier ways to communicate more efficiently and cost effectively, and social media certainly is a place to be. Even if you think it’s a bad your donors or not, there they are, they’re there i looking at pictures of the grandchildren, and they’re on these mediums every day, and so it’s a perfect place to capture their attention? Do you find people who think that facebook, twitter linked in four, square are fads? Uh, you know, there certainly are some people that think that, but i think the majority of recognizing, like, the internet, a lot of people don’t want to set a plan giving websites, and now they realize that the direction the technology is going and we to be there and the charities that are there are going to capture that audience, and i didn’t mention google plus and i guess right, i guess you could say, you know, the i’ve seen written that tweeting it will be will be around for a very, very long time and there’s, the question is whether twitter would be around for a long time and that sort of captures, you know, the concept of meeting people online will, i think, is unending, but just whether it’ll be facebook ten years from now or google plus or something else that we don’t we’ve never even heard of, so i think the concepts will endure is just what platforms? Yeah, certainly we’ve seen changes in technology, you know, starting my face-to-face book, and now there might be a migration to google plus, we’ll have to see, but i think the idea is that individuals are out there, they’re using social media on a daily basis and whether you like the concept or not, that is where your supporters are at and if the captive audience and so i think there are a lot of charities that are really leveraging that they’re posting on facebook i daily basis, they’re not necessarily using it for fund-raising purposes and i don’t think that’s the goal, but they’re using it to build a relationship, and that really is the key. When we talk about plan, get what you want, a relationship and how should ah non-profit start in social media for planned e-giving yeah, i think the most important thing is to find out where your community is and the way you do that is through testing and listening there’s a lot of literature in this area that cantor kind of social media guru for non-profit she’s written about this non-profit technology network and ten has a lot of resources, but the idea is that you need to find out where your community is, and the best way to do that is to set up a facebook page, set up a twitter account, start posting and tweeting, advertise with your email on your website, and see where you are followers or your fans are at. And then, you know, this is the medium that’s working for me, and then you need to try some different types of posts or tweet to see what your community response. Teo so it’s a matter of really testing, listening and it’s going to be different for each organization. Christian schulz is senior vice president at crescendo. We’re talking about social media for your plan giving programme. We’re going to take a break. Please stay with us tooting, getting dink, dink dink, you’re listening to the talking alternate network duitz get in. 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, back-up two, one, two, seven, two, one, eight, one, eight, three. The conscious consultant helping conscious people be better business people. Hi, this is psychic medium. Betsy cohen, host of the show. The power of intuition. Join me at talking alternative dot com mondays at eleven a. M call in for a free psychic reading learned how to tune into your intuition to feel better and to create your optimum life. I’m here to guide you and to assist you in creating life that you deserve. Listen. Every monday at eleven a, m on talking alternative dot com. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics. Politically expressed buy-in, montgomery, taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com talking alternative radio twenty four hours a day. I’m leslie goldman with the us fund for unicef, and i’m casey rotter with us fund for unison. You’re listening to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. Durney welcome back to big non-profit ideas for the other ninety five percent on tony martignetti non-profit radio kristen schultz from crescendo interactive and i are talking about social media for your plan to giving program kristen i since you mentioned that this is not necessarily for getting gifts directly, but really just in large part building dona relationships. One of the poll questions that i asked listeners for before the show is whether you’re non-profit is using facebook to build donorsearch ships on day, three quarters of the respondents said either yes, quite a bit or yes, slightly and twenty five percent. We’re not using it at all, so overwhelming majority using facebook to build dahna relationships, what do you like to see in in terms of goal setting for social media around planned e-giving i think in terms of gold, you have to set some basic objective and then begin to track your results. I like the smart objective that non-profit technology, uh, network uses smart. I mean your specific about your goals, they’re measurable there, attainable the relevant and their time bound. For example, in the plan giving context, it might be that i post a link to sign up for my organization can give you use letter on facebook and i might that’s the goal of achieving thirty new sign up in the next thirty days so that’s, quantitative and it’s time down. But once you’ve set a basic objective like that, you can use some of the measurement tools to actually measure how you’ve achieved your results and absolute organizations want to see they want to see that they’re achieving results from their social media efforts. Where will we find the and ten groups? Do you know? Do you know there you are, l ten ntn dot or ge and that’s the non-profit technology network? Is that right? Okay, i have a lot of resource latto resource is out there for people who are dafs or social media experts who are actually doing the actual posting. Most of the organization’s i’ve talked to in the plane giving arena are not posting to the page. They have a general charity facebook page and there ford and post to that person. Okay, so let’s talk about some of the methods that non-profits can use are around social media for plan giving. What did you see around the use? Of video. Yeah, i’ve seen a lot of the area video, and i think this is a growing area. Facebook allows you to drop videos on youtube and establish a link, or you can record a video via webcam. Texas am university is an example of security that has dropped number of donors testimonials. I had a great one a couple of months ago. A couple of made a request through their will, and they are a couple that has spent generations of their family, their children and grandchildren through texas a and m. And so they shared their story and talked about why you should contribute teo and m in their requests, gifts and the benefit of social media with dr stories and testimony, menu testimonials and videos that individuals can respond right on the paint and so you can share in that enthusiasm. Both seems staff testimonials where staff members, charities will talk about why they’ve made a commitment to their will on and then mission videos are very popular. The citadel foundation has a great video talking about the work of their organization. Save the chimps are really wonderful, custom branded video that shares images of their work so there’s a lot you can do with video about facebook and all summer long, andi want toby reassuring to our writings, which is small and mid sized non-profits that that these videos don’t have to be high end there’s been there’s really compelling stuff out there? That’s really just like a flip cam, right? Really, you could drop anything on facebook that meet their specifications, but you’re just simply dropping the video out there and establishing a link, you know, youtube or where, and it just doesn’t need to be, you know, high production value as long as that you mentioned some donorsearch s timoney als and another question that i asked around facebook and since you mentioned it for listeners before the show is, are you using facebook to support your plan to giving program? Nobody said yes quite a bit about a third a little more than third said yes slightly and then all the rest, about two thirds said no, they’re not using facebook at all to support planned giving so summer some are using it for donor relationships generally based on the first question, but on this on this question, not really using it. So much for plan e-giving and that is true, and i did my survey there’s only a small group that it’s starting to use facebook and twitter and lengthen and some of these platforms for planned gift. But i think it’s a growing group, certainly we’ve seen a lot of growth the current giving side no securities air out there talking about their efforts, and they also have cast donation button paypal account’s attached to their facebook pages. But yeah, there hasn’t been a lot said about this in the plane, getting community and that’s why this research was so interesting to me, and i wonder if if some of that reluctance to use facebook for planned e-giving is because the older, older community sixty, people sixty seventies and eighties are reluctant to use facebook beyond, you know, just tracking keeping in touch with family. I think that some individuals you that correct, but it’s actually not if you look at these fucking site survey’s biggest growth has been in recent years women age fifty five plus they are online and again, they’re looking at grandchildren’s pictures and they’re on their facebook pages every day. And so there’s actually a growing group of seniors who are out there one of the individuals i talked with david moore from chapman university he’s got a facebook page that’s just dedicated to his plane getting group, and he established it because he found so many of the seniors who were supporters of the university were out there on facebook. So it’s surprising, but there is a growing group there and it’s, a group that you can capture their attention if you are out there with a present for your carrying on with kristen schultz, senior vice president for crescendo interactive. We’re talking about planned your social media for planned e-giving remind you that we are live tweeting when that singleton is guest live tweeting for us. Use the hashtag non-profit radio to join the conversation on twitter and if you have a question you want to call in, we can’t take your call at eight seven seven four aito for one two oh eight, seven, seven, four aito for one two oh, you mentioned the quests kristen, is that really the place to start? If if you’re a small and midsize shop, is that the? Is that the place to start your social? Media effort? Yeah, it really is. The majority of plan gifts are still bequest. Request our blanket virtually any charity can offer and it’s interesting. Because if you look at the statistics, lawyers got confidence survey, sixty five percent of adults have no plan. And so a lot of individuals have not even begun to plan for their future. But planning when it does start its beginning earlier than we previously thought. It’s actually not a sixty five at forty forty five, the average age for the first will of actually forty four. And this is based on a study that was reproducing if key eventjournal average age for first requested forty nine and you can see actually metoo start capturing the attention of individuals in their forties when we talk about plan gift. Okay. And of course, i want to keep myself out of george in jail on the show we have judge in jail. And, you know, i said bequests. I just wanna make sure that everybody understands that that is a gift in someone’s will i think most people understand that, but i want to stay clear of dark in jail because if i’m in george in jail than be nobody to talk to you way we just have to hang up now would be the end so that we don’t want that. How about getting testimony? Sorry, getting technical information to either donors or advisors? How much of that did you see? I would say the most common plan getting post on facebook or tweet on twitter are short they’re typically wanted two lines with a short length back-up teo plan getting website and it’s really important to use a short link when you’re linking teo anything on your site, go to billy dot com or tinyurl dot com the best toasts are always the ones that linked to interactive tools or ask the reader to take action or respond. One organization i’ve seen it done quite well in marquette community foundation in northern michigan. They are on facebook and they have established a series of link on facebook. Teo will kit, and they invite people to download this freak it it’s a guide to planning your will and trust and that’s led to request discussions on the page. Uh, it’s resulted in vivid when someone asked questions on the page, and it seems that they’re interested to get planner will then take the discussion off the page and going have a normal visit, just like you would do with any plan gift, and that resulted in commitments for the organization. Both cast cash gift, but also bequest. Okay on dh that’s ah, technical information for donors. Did you see much use of technical information for advisors on being promoted around social media? I mean, i know technical sites exist for planners and advisors, but did you see non-profits encouraging advisers to go there through their own social media? I have not seen as much of that, but what i have seen is that there are a couple of non-profit that have advertise seminars for sessions for advisors, you, twitter and facebook, and i’m thinking of a jewish organization, the washington dc area, that sundown fairly effectively, but yeah, i don’t see a lot of post directed towards advisors from charity. Ok, let’s, talk a little about blogging. I know you. You have some have some tips about blogging. What? Just let’s again. Tryto encourage people. Why should there be a plan giving block? Yeah, i think that blogger is your own expression the way teo. Talk frankly about your work, your mission. And there are some organizations that have done that very effectively. Valencia college foundation in florida. Sorry, where was that? Was valencia? Yeah, valencia kottler foundation that gives planner there. Dahna marino has a great blogged herb log is on the word press platform and she’s featured a number of different types of plant gifts. She’s talked about the quest, uh, stock gift. She in a bequest post, will post her bequest language so individual knows how to include the charity in their plan, she always post to a gift acknowledgement, forms a form where the individual can fill that out, acknowledge a guest and join their legacy society on and all of her posts link back to her plan, getting website and her email and so she’s using the bloggers away to drive people to the plan, giving sight for more information and what’s your advice around driving people to the bog. I think that’s a great idea as well, it’s just that unless you build a really comprehensive block, you won’t have all of the information that you might have on your plan giving sight so you would have to make sure that you have big coverage of the different gift model and also, you know, some really motivating stories, but certainly she’s making a good example, someone who has built up a plan getting file, she actually files and takes her block and all of her blog’s are filed under plan giving. So if i wanted to find all of the information on plan giving on her block, i would just click on plan giving and she’s built up a fairly comprehensive list of posts on plan getting topic. So i think you can grow that over time, but it might not include all the information you might have on your plan getting website, you know, write clearly, and i was just i’m asking about howto promote the blog’s that people go there, people go there to see it, and then they find the information elsewhere. How does she promote or what? What’s your advice around promoting the block well, when i drop a block, i always tweet to it right away and so my twitter followers no, i’ve just posted something and then my block also migrates over to facebook so a charity can connect their blawg to their facebook page and by tweets also migrate over to facebook, and then i have my facebook page and my twitter account linked, smiling, then account, and so anyone whose only sin will be able to view both of those. And so when you connect your accounts like that, i think it really saved you a lot of time you only have to post or tweet in one place and the information then migrates over to the different platforms. So you’re reaching different audiences, and i know that he does that also effectively, they post to the block with your face. So all these are inextricably intertwined. They’re all pointing to each other. Okay? And then the block is the source of information deeper information you said their links and archives pointed to from there right? I also spoke to someone from unicef foundation and they have a great block. They feature donorsearch stories and they will post their facebook page a link to the block every time they have a new story. Alright, kristen, we have to leave it there. That’s video testimonials, technical information for donors and advisors and blogging. Christian schulz is senior vice president for crescendo interactive. She mentioned that she actively tweets. You can follow her on twitter at at crescendo tweet. Kristen schultz, thank you very much for being a guest. Thank you, it’s. Been a real pleasure having you. We’re going to take a break, and when we return, it’ll be tony’s take to my block this week. Thank you, and then after that, we’ll have emily chan talking about your non-profit in politics, so stay with me. You’re listening to the talking alternative network. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics. Politically expressed buy-in, montgomery, taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com 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. Conscious consultant. Helping conscious people. Be better business people. Hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable race? Interested simply email at info at talking alternative dot com. Welcome back, it’s. Time for tony’s. Take two. My block this week is thank you. Thank you very much for listening to the show whether you listen live or to the podcast. There are a thousand of you that download our podcast from itunes and i’m very grateful for that. I also thank my clients for trusting me with their plan to giving work or their charity registration work. Thank you. Also to the eleven hundred people who get my weekly radio email alerts. I am grateful that you let me into your inbox thinly veiled as a radio show. Thank you. Thanks to those who follow my blogged and comment on the block, i have a lot to be thankful for. And there’s mohr gratitude expressed on my block this week. The name of the post is thank you and you’ll find my block at mpg a d v dot com. Thank you. That’s tony’s, take two for friday, december second. Joining me now is emily chan. Emily, how you doing? I’m doing really well. How are you? Excellent. Very good to have you back on the show. Emily is an attorney at neo-sage non-profit and exempt organizations law. Firm in san francisco, and she is principal contributor at the non-profit law blawg dot com. You can follow emily on twitter under her name at emily chan. Emily we’re talking this week about political activity we’re coming up on a presidential election year just generally what is the rule around political activity by non-profits so today we’re going to focus on five, oh one, three organizations, but it would be like public charities, and the general rule is that they’re absolutely prohibited from engaging in political campaign activity on so generally this means things like no contributions, no endorsement by the organization and no use of the organization’s resources by one candidate without giving equal opportunity to the other candidates. And i want to thank you for catching me. You’re very thoughtful when i say non-profits that’s really not right? We’re talking about five o one c three, the charitable part because there are lots of non-profits that are not five or one c three, not charitable, so thank you for that and you didn’t even even called me out and possible jargon jail violation was because i missed used the term we’re not talking about non-profits like labor. Unions or or membership associations were talking about exactly as you said, the charitable sector of the five o one see threes, but thank you you mentioned not using the charity’s resource is what what kinds of resource is do. Charities need to be careful about their employees possibly using or or the or board members possibly using so there’s actually quite an array of resources that could lead into political campaign activity if used improperly to touch upon the first one you mentioned about staff on board members there’s, a major confusion area for many five on three organizations about what their staff on board members could do in their individual capacity. Because people have first amendment rights so many times individuals want to engage in political campaign activity on their own behalf, sometimes it causes problems. So for example, when that individual uses their organizational email address, they make statements at an organization sponsored event basically things out with lead one to believe that it’s the organization speaking or asking that person to speak or supporting what that individual says. The organizations want to be very clear in making that separation between what an individual khun d’oh in. Their individual capacity on what the organization is prohibited from doing so that’s interesting just use of the company or the sorry the charity’s email. I mean, i think people probably use their office e mail all the time because it’s just so much easier than switching back and forth between that gmail account or something, but so if your if you’re using your charities email, then that’s gonna that’s gonna look like you’re speaking on behalf of the charity? Yes, it certainly could, and so organizations will wantto have policies to make sure that the individuals are aware of this. But i think in most cases, it’s not intentional. I don’t think the individual wants to get the organization in trouble, but as you said, it may just be a matter of convenience or just not being knowledgeable about the kind of restrictions on the organization. So the organization should really put this into a policy and educate their staff on board members about what they can’t dio another issue with the board members or officers in the organizational when they used their titles and they speak and then are identified as being what say, the president of such organization in most cases, you want teo avoid that one possible. But if identification is going to be used in that way, really have a disclaimer that it’s just for identification purposes, because, again, there needs to be a difference between, you know, joe speaking on behalf of joe it’s, president, when joe, as the president, speak on behalf of the organization. So if someone is introduced, then at an affair on and they are going to be talking about a political statement, so so let’s say, somebody introduces joe, and they say that he’s a board member of a charity and then joe goes and and gives his political opinion about whether it’s a candidate or an issue, you’re saying that the use of that charity’s name in the introduction could cause a problem it could. But again, there are ways to add more protection around that. So asking the host of the defense to put that disclaimer out there that it’s just for identification purposes, having now disclaimer language in let’s, say the event brochure just to be sure that the attendees who were coming in other outsiders who are seeing this know that it’s just being used. Teo identify this joe from another job, but it’s not actually on behalf of the organization that he people excellent advice? Is there a difference between talking about political candidates on dh political issues or they or it doesn’t matter if they’re certainly is so with this absolute prohibition? It’s a facts and circumstances, of course, many things god organizations care about are going to be related teo elections, i mean, the people who are in the office can really influence the kind of policy and, you know, laws that our leader decided, so there are some cream izabal election related activities. The best way i’ve had it described to me is that these air yellow light activities you always want to proceed with caution because of the fact that given any kind of facts and circumstances, it could cross over into this prohibited activity. So the kind of things that organizations can do with the would be activities like voter education, such a voter guide doing voter registration like we’ve seen get out the vote candidate education, so sending all the candidates to educate them, dr policy issues and also issue advocacy and if you have this in particular, is one area that organization should be cautious about as faras crossing into political campaign activities, especially if they have advocacy on certain wedge issues. So the kind of issues that really distinguish one candidate from another, such as, you know, pro life, pro choice, looking at all the facts and circumstances if an organization is only doing this in election years really close to the election that’s not going to look right to the iris, others, but if, for example, they do it all the years, including non election years made do with the same kind of mean and scope, and they’re really doing it then to highlight their charities agenda, then that’s going to be something that issue ads that is permissible okay. And again, the name of that test that the irs applies is facts and circumstances. Is that right? Yes, like most of their test way. Then you come back. Okay, well, i guess i’m context is important, but but it also that’s such a sort of a nebulous test that it doesn’t really give a lot of guidance to non-profits to charities, right? And so that’s again why these are yellow light activities. Proceed with caution certainly seek experts to help you, especially if you’re doing something that could be seen as possibly being in support or in opposition to a candidate for public office. It’s really important to note that because the rule as a friend and it comes right out of five one two three in the internal revenue code is absolute, the revocation is the penalty, so that is pretty severe. River give me revocation of charitable status. Yes, on so that’s a severe penalty that you know the death sentence, any charity? Generally speaking, you see more of intermediate penalties. And so there’s also a penalty tax that the irs can impose on the organization and managers who approved knowingly approve a political like senator. But because that way let me stop you. How does that penalty tax work tax on attacks on what so it attacks of the political expenditure. But it can be imposed on the organization, so that would be ten percent. And then it also could be imposed on a manager who knowingly approved the political senator. And that would be two point five percent of the political on does that mean the manager would be personally? Liable to pay that tax? Do you know or work in the charity? Pay it on the person’s behalf. The person would be personally liable. And there’s also a second layer of attacks that can come in if the organization does not collect it or the manager, another manager, or that the manager refuses to approve the correction. So again, there’s some serious final piece because the public charities really are not supposed to be election hearing organization there there for public purposes for the public. Good. Look, let me ask you, emily, how come things like voter education and voter registration? You mentioned how come those things are allowed? These are seen of activity that helped facilitate democracy, but the same concept, the pie again as far the organization needing to be mutual and nonpartisan. So, for example, with voter education guide, he should not be guide that rank candidate. They really should be informative so that it allows the individual to make the decision of who they will vote for voter registration again, that can’t be just targeted to certain political affiliation or, you know, some kind of group them that would be aligned more with party affiliations. Of the post suggest getting people to register so these guys really need to be fair and balanced on dh oh, my god, fair and balanced. That’s fox is to say that and then they told they can’t know that’s a bad phrase. Lynette singleton, don’t don’t tweet that out fair and balanced thes things need to be nonpartisan. They need to be neutral, right? Right? Is that it? Okay, um, something about the organization should keep in mind with all of its activities because again, they can help the facility with democracy help educate the public, but they really shouldn’t be making that decision for the public for who they vote for. Okay, what if a charity invites candidates to speak or invites a candidate to speak? How does that work if they want to have, like, a political night where the candidates themselves speak that impermissible election related activity? But again, there are certain back-up that the organization wants be sure they take care of so all candidates should be invited to speak. If you’re having something like a debate, you know each candidate should be able to have equal time to speak there should be unusual moderator creating as much of a mutual, unbiased environment as possible will be important. You know, no campaigning, far fund-raising should be taking place, and no one from the organisation should be making statements to support or oppose someone who was there. Okay, again, neutral, you even mentioned neutral moderator very good. Okay, we’re going to take a break. Emily chan is going to stay with us, of course, for our last segment, talking about your non-profit and politics and election earing. So stay with us. Talking alternative radio, twenty four hours a day. Hi, i’m carol ward from the body mind wellness program. Listen to me, my chauffeur, ideas and information to help you live a healthier life in body, mind and spirit. You’ll hear from terrific guests who are experts in the areas of health, wellness and creativity. So join me every thursday at eleven a, m eastern standard time on talking alternative dot com professionals serving community. This is tony martignetti athlete named host of tony martignetti non-profit radio. They get non-profit ideas for the other ninety five percent. Technology fund-raising compliance, social media, small and medium non-profits have needs in all these areas. My guests are expert in all these areas and mohr. Tony martignetti non-profit radio fridays one to two eastern on talking alternative broadcasting. Are you concerned about the future of your business or career? Would you like it all to just be better? Well, the way to do that is to better communication. And the best way to do that is training from the team at improving communications. This is larry sharp, host of the ivory tower radio program and director at improving communications. Does your office needs better leadership? Customer service sales or maybe better writing are speaking skills. Could they be better at dealing with confrontation conflicts, touchy subjects all are covered here at improving communications. If you’re in the new york city area, stop by one of our public classes or get your human resource is in touch with us. The website is improving communications, dot com that’s improving communications, dot com improve your professional environment, be more effective be happier and make more money. Improving communications. That’s. The answer. Talking. Hi, i’m kate piela, executive director of dance, new amsterdam. And you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. Welcome back. Emily chan is with me she’s one half of our regular legal contributing team of jean takagi and emily chan. And they’re both with the non-profit and exempt organizations law firm in san francisco. Where is jean takagi this week? Emily? How come, she’s? Not with us? Xero jean is here. He’s taking care of some other matters that the office is busy. You know, that’s how the holidays go. Nice he’s in the office and you can’t come to the phone right away. He’s. Not in the office. Cubine is not the office. All right, you’re covering will be on the next. Okay, i keep document these things. There are records you mentioned training a couple of times, what’s what’s the best way to train employees about what the policies are so that they know that the constraints, the first step to training, i think, is having a policy, i think that’s something that many organizations don’t have when it comes, teo advocacy related work, having the organization first become aware and informed of what they need to know is so crucial to then passing on that training, too. Volunteers dafs so once they have the policy, it really just be something of going through the policy together of revisiting that every year and making sure it’s up to date with the law and making sure that that handbook essentially is acceptable to anyone who would be having access to things like the organizations, email or social media accounts or would be staffing and events. Something we haven’t talked about yet is on individuals, election choices. Can i use the charity’s email or platform and and say what i’ve, how, how i voted or how i feel about a candidate? I don’t know, not about a candidate, sorry, but can i say how i have voted or how i intend to vote that is most likely going to be viewed closer along the lines of prohibited political campaign activity, again, using the organization as a platform than to an outsider, it certainly can have the appearance of the organization itself now engaging in this prohibited political campaign activity, even if it was an intentional, really, you know, organizations should not be able to indirectly circumvent the rules, so in that case, organization should not be publicising how individual votes and individuals in the organization should not be. Using organizational resources are platform teo voice that since this fact in circumstances test is so nebulous, i’m going to guess that social media is going to be kind of a gray area, depending on what the activity is like. Like if the organization lynx let’s se teoh somebody’s into account its website. Yes, that’s correct. A social media is such a dissolving field right now, there’s a lot of uncertainties and question marks far how the wall will fall down on this, but it certainly creates more opportunity for organizations to unknowingly or even knowingly violate the rules. So the irs has suggested, basically, from most of it, revenue rulings, another information that’s coming out that it is going to hold charities responsible, for example, the links that they have established on their web site. Two other pages, so what’s item bob chat room bulletin for its face. But this is all being treated the same way printed material has been treated traditionally by the irs. Not something organization needs to be careful about, because, you know if you link to a page one day that page, maintain tomorrow and you may not know that so any kind of connection you have to outside link should be revisited and ensure that they’re not putting the organization in a bad position. How does the irs find out about these things? Do do we know? Do they randomly check oars that when somebody blows the whistle, how does how did they find out? There are many channels for which the irs will start investigating an organization. It may come from news reports from reports from the public from things that they know internally, but win organisations so out of form ten twenty three they also put their website. And so that is something that the ira certainly will look at at the initial stage, and it’s something that on record too. So there are many ways to find out what an organization is doing, especially today on and if you are let’s, say, a controversial organization, it would not be surprising them that the media would also be paying a lot of attention. He was, well, way talked about linking to candidates website. What if the organization links to all the candidates websites with that, then be election education or you think that would be over the line? It depends of course, so that the best you can always say no family depends what gene gene over here getting no, i’m joking it again. We want to look at the purpose for why they’re linking to begin with. So it’s it’s something more similar to a voter education guide where it’s saying, you know, descriptions about each candidate’s and then providing it as like a more information line that’s that’s more like, you know, neutral information being passed on to the individual. If it’s something though we’re now it seems like one candidate is getting, you know, kind of more favoritism, mama sight or, you know, kind of less exposure like you have three candidates on your main page and to that air four clicks in, so there are a lot harder to find then. Now the facts and circumstances changing there’s no real purpose for linking it. That also raises the question of why the winks or even they’re really it would depend on all the facts and circumstances for why those wings are on the page to begin with. And your answer that it depends, i think, is perfect because it is because charity’s it is a nebulous test. Facts and circumstances and charities need to be very, very cautious and risk averse. Yes, on a great point that comes out of the question to questions about the different ways that organizations can connect tio candidates. So i believe you mentioned things like friending or re tweeting or liking their pace. I mean, these are all questions that the irs is going to have to deal with. So from a more conservative standpoint, you know, organization stands, they want to be very cautious about kind of avoiding any situation that could potentially lead to being seen as a favour to them. No, again, if there’s no real purpose in doing it, it’s probably best to not put the organization at risk by testing the waters in those areas where the irs is not clear yet on how it’s going to take a position on the kind of action. Emily chan is an attorney at the non-profit and exempt organizations law firm in san francisco. She’s, a principal contributor to the non-profit law block, which you’ll find at non-profit low block dot com. You can follow her on twitter at emily chan emily, thanks very much for being on again. Thank you for having me, it’s. Always a pleasure. Thank you. Give our regards to jean. I want to thank my guest this week, kristen schultz and, of course, emily chan and the net singleton thankyou for live tweeting lynette, you’ll find lynette at singleton consulting group that’s her company, and you can follow her on twitter at s c g the number four non-profits next week fund-raising throughout your life cycle, what does fund-raising look like in these stages of a non-profits life brainchild, startup adolescents, maturity, stagnation decline? And how do you avoid the last two of those stagnation in decline? We’re going to talk about fund-raising throughout your life cycle with jeff sobel principle of jeffrey sobel consulting and marrying major and planned gif ts are these two compatible? What do their courtship and marriage look like? Charlie gordy, the director of planned e-giving for harvard law school, and margaret hohman principle of home and consulting are going to reveal how to make this match one that’s made in heaven that was recorded pre recorded at the national conference on philanthropic planning. Keep up with what’s coming up! Sign up for our insider email alerts on our facebook page. If you like today’s, show, please like us on facebook, click that button become a fan you can listen to tony martignetti non-profit radio live or archive on itunes that’s the place to listen archive, and you’ll find us at non-profit radio dot net. You can subscribe and listen any time on the device of your choice, you can follow me on twitter. The show’s hashtag is have said is non-profit radio, use it wisely and thanks again to our guest tweeter lynette singleton, the creative producer of tony martignetti non-profit radio is claire meyerhoff. Our line producer is janice taylor. 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060: Research on Women Donors & Learning Lobbying Limitations – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Samantha Cohen, associate director of principal gifts at the American Civil Liberties Union
Gene Takagi and Emily Chan of the Nonprofit & Exempt Organizations Law Group

Read and watch more on Tony’s blog: http://mpgadv.com

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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 friday, september twenty third, two thousand eleven i certainly hope you were with me last week when we talked about learning office lease lessons. First we talked through the walk through how do you find the best space and use different spaces to strategically head into your lease negotiations? My guest was george grace, who has done this work for dozens of non-profits then what least terms do you need to be careful about? And what are the negotiating points? I was joined by attorney robert j smith and kate piela, executive director of dance new amsterdam, and we talked through the dance companies less than desirable lease to bring out lessons to help you get the best lease next time this week, it’s prospect research on women donors recorded at the fund-raising day conference in june. Samantha cohen of the american civil liberties union is going to reveal how tow reveal reveal how to reveal wth e-giving potential for your female prospects that is often hidden and learning lobbying limitations are legal contributors jean takagi and emily chan explained the limitations on lobbying by non-profits what activities are lobbying, how much can you do, and how do you report all that on tony’s, take two in between the segments, thinking is underrated. My block post this week, the aptly named host of tony martignetti non-profit radio. We’re going to take a break. I hope you’ll stay with us and then prospect research on women donors. You’re listening to the talking alternative network. 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, too? He’ll call us now at to one to seven to one eight, one eight, three that’s two one two, 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. Is your marriage in trouble? Are you considering divorce? Hello, i’m lawrence bloom, a family law attorney in new york and new jersey. No one is happier than the day their divorce is final. My firm can help you. We take the nasty out of the divorce process and make people happy. Police call a set to one, two, nine six four three five zero two for a free consultation. That’s a lawrence h bloom two, one, two, nine, six, four, three, five zero two. We make people happy. Hey, are you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com. Hi there and welcome back right now i have a pre recorded segment for you from june at fund-raising day in new york, we talked with samantha cohen of the american civil liberties union about prospect research on women donors hears that pre recorded sessions welcome back to tony martignetti non-profit radio coverage of fund-raising day two thousand eleven at the marriott marquis in new york city. My guest right now is samantha cohen. She is director of principal giving at the american civil liberties union. Samantha welcome, welcome. Thank you. Pleasure to have you samantha’s topic is prospect researchers research on women donors how to research female donors and out of female research female, major and planned e-giving donors what is the importance of females in individual giving? Let’s start with that, samantha. Well, i think it’s very important to realize that women are outliving man, and at the end of the day, the wealth transfer is going from the man to the women. So a large proportion of e-giving will be directed by webbing, women, both outright and very much a steak gaps. Is it often hard to find the what the wealth of women? Is it often? In the husband’s name now the deceased husband’s name or is that a problem? That certainly can be a problem, but you can you can find some of the resources. I think the key with the research is to pay very close attention to the holistic picture when you’re doing a profile, not just looking at the particular name on the real estate records, but looking at all of the real estate records, looking at the names on the e-giving history when you could look at it as a whole, you get a much better sense of what the individual. Okay, so you’re advocating holistic prospect research? Absolutely okay, not only looking at the financial records you’re you’re part of the workshop was really about using the prospect research to on on women to best advantage, but what do you as a gift officer? What do you like to see as the product that’s that comes from the prospect researcher? So i am very dependent on prospect research. Sure, i am certainly interested in the wealth indicators i’m looking at the estimated wealth capacity, the gift capacity, but i am as interested in the indicators that tell me about e-giving. Priorities. So i’ll give you a very good example. We had a fabulous case study that i talked about today, and the research showed some great wealth. All of the real estate was in the husband’s name, all of the giving history was in both of their names and e-giving seemed to be to certain extent schizophrenic it seemed to be all too human and health services and education for half the guests, and the other half of the gifts were women’s rights and reproductive rights, and that didn’t make sense holistically. So i use that to drive a lot of questions, asking the couple individually what their priorities were came to find out the only thing they shared wass thie, my organization, and that, in fact, we were their single biggest shared priority, which, when i looked at their other giving based on research, were five figure gives suggested to me that there was a seven figure gift for us so that’s a great example of your talking about researching female prospects, but again, holistic approach. You have to be talking to the husband as well, if he’s still living? Absolutely, absolutely. What about other family? Are you often? Involved bringing in other family members aside from the spouse, we are very involved in doing multigenerational giving, and we actually talk sometimes two, three and four generations of families and it’s very interesting that families, when we’re dealing with wealth at the top one percent top ten percent that those families often erm having formal meetings, formal discussions and learning about who the power players are within those discussions within those families is incredibly valuable. We had done on older, older child, for instance, very influential to the mother and father. Absolutely. We had done some research and found that the man was in the health insurance business very, very wealthy. All of the money was his, and he had generated it. But in conversations with him came to find out that the family, he, his wife and the children make the decisions as a family, but that it’s, very democratic and the women in the family actually usually out vote the math. So instead of continuing to meet with him alone, i asked if i could come and meet with the women. So the role of women is not only because greater longevity no, not at all, they’re making a lot of the decision now you said you are very interested in the wealth indicators. What do you like? Sort of specifically like to see from prospect research in as you’re preparing? I want to see if there is political gether. If there is political giving, i’m looking not just amount, but who and what they’re giving it to. I want to see real estate, i want to see a publicly traded company information i’m also interested in news articles about why companies were founded as particularly valuable when i’m dealing with a woman and she has owned and founded her own company, finding out more about why she created that company and they’re often profiles business journals and community journals. That information could be very directive into how these in having these conversations is there. Is there value in? Well, clearly there is value in the financial information. Are you reluctant to meet with someone before you have some prospect research on them? What’s your what’s, your personal pride election that way so i want to have something i want to know some of what i’m going into, but i’m not going to have the lack of that information stop me from meeting. So with some people, you confined very little and some you confined, nothing is not going to stop me from having the meeting. There is nothing more powerful than standing face to face with someone and asking the questions, that thing. The thing you’re listening to the talking alternate network. E-giving thank you. Good. 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. Dahna hi, this is psychic medium. Betsy cohen, host of the show. The power of intuition. Join me at talking alternative dot com mondays at eleven a. M call in for a free psychic reading. Learn how to tune into your intuition to feel better and to create your optimum life. I’m here to guide you and to assist you in creating life that you deserve. Listen every monday at eleven a, m on talking alternative dot com. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed, i and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com talking alternative radio twenty four hours a day. Hi, i’m kate piela, executive director of dance, new amsterdam. And you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. And how important do you find the meeting to be in feeding back to prospect research? I think that’s something that has been missing a lot in the business there’s a lot of push out of information from research officers are not very good at sharing it back. We tend to like to do a full circle, so i’ll come back and say, i heard that they were very involved, maybe in a different country, maybe in a different state. Can we do some research there? I’ll bring that back, our researcher will do more information, and it becomes his fabulous feedback loop that includes the donor that just creates this beautiful fall fall because there’s there’s nothing better than sitting with someone right over a meal for an hour, hour and a half or in their office for thirty minutes that i’ve always thought that’s the incredibly valuable prospect research you’re finding out wealth of information you find out more than you ever can from the database, and it sounds like you’re using the written material when you do have it to inform the questions that you’re going to ask, right? I mean, you’re you’re running the meeting? Absolutely. Talk a little about running them, running the prospect meeting for us. So for me, for the meeting, i don’t want to spend a lot of time talking about mission or about the organization. I already know the organization, they often know the organization and with our members, they’ve known it probably longer and better than i ever could. So i want to know about that. I want to ask questions like, how do you make your philanthropic decisions? Why do you give to us? Why did you first give to us? Do you and your husband make the same decision to have the same have the same priorities? Those of the questions i want to ask and learn about when do you make your decisions? I wanted to drill down and find out, are they ultimately are their assets that they can give that we couldn’t find? Have they considered including real estate, how they concluded considered including in a state gift? So i normally spend probably two thirds of the meeting asking those sorts of questions, finding out a lot more about what they do, why they do it, and then i’m going to make a solicitation, i don’t like meeting without making the ass outstanding gift officer. Of course, you mentioned the hard to find assets. What kinds of questions do you ask to try to find out about what’s? Not so public. So one of the things that we’re seeing a lot of now as the economy is starting to finally take up is an increase in pose cos they’re starting to go public again. Let’s, identify that now. Tony martignetti non-profit radio we have george in jail. I would hate for you to be subjected. Jog, jail, right? I don’t have my keys. I sometimes have warden. I don’t have them. So just define aipo for people. So when i po it’s, an initial public offering and it’s when a private company is listed on a public exchange, the dow jones, the nasdaq on a public exchange so the public can invest in it, brings in a huge influx of cash to the business and becomes often a liquidity event on opportunity for the owner before the company was private to get some of their investment out. Okay. And though so, there could be some significant tax benefits that can be syntax considerations if you think of it as a year in which you have more money. What do you do with that money? So so how do you how do you get to dahna? Well, you would know, i guess, from the research that they do own a privately held business, i will and that’s normally about all i know. Okay, so how do you go from there? I will ask questions about how the business is doing. What’s going on with the business from research, i will also often see an uptick in marketing material. So all of a sudden, there are more news articles on the business, there’s, more press and there’s no reason why, after ten years in business, they should be in every business journal for the last six months. It’s suggest to me they’re trying to build their brand and something is going on, so i’ll actually ask about that. And then at that point, someone could often say, well, we’re on the verge of going public, and then i can have a whole different conversation you want to give stock now, do you want to give stock after there’s a whole different conversation? So i’m looking for information. To know where the business is. Conversely, it could also be looking tio here that someone is divesting themselves of a private business. They’re retiring, they’re going to give it to their kids, that’s a whole different liquidity event. So i’m looking for those and that’s information that i confined sometimes for research, but much more from the conversations that’s an outstanding example of using the research to go much, much deeper in your meeting this’s tony martignetti non-profit radio coverage of the fund-raising fund-raising day two thousand eleven with samantha cohen, director of principle you have the right principle giving at the american civil liberties union, and we’re talking about prospect research for females with female prospects and using that using that research wisely, i’ll ask you sort of ah, you know, softball question, what else would you like to say about using the valuable research? I think that we need to use the research we have. We need to be careful. We need to be analytical in that research, but we can’t depend solely on recent okay, lack of research shouldn’t stop you from getting out the door. That’s right on. How much of your time would you say you spend out of the office not nearly enough, but i would like to be out of the office at least seventy five percent of the time. Okay? And what is it that keeps you in when you’d like to be out or if you if you don’t want to say that so much, what strategies do you have for getting more time out of the office in with donors and prospects? How do you minimize that office? Time to get you more out a targeted portfolio, so really weeding out the prospects in the in the portfolio that aren’t going to produce. So i’m doing a lot more qualifying meetings to look at people to figure out know this person is not going to be a major donor, and i’m removing them from the portfolio so that my portfolio is becoming much more targeted, which allows me to spend more time with fewer people, produce better results, okay? And as you’re as your meeting with those better prospects, let’s, go back to the cycle ing back of information to the prospect research team. You use a call report for that if you have a sit down what’s the what’s the mechanism for getting that information back to prospect research. So the formal mechanism is a contact report that i write within twenty four hours of the meeting meeting think memory things get lost, so i write it down very quickly. I get that into our database very quickly, and then i’ll often go and sit down with our prospect researcher when i’ve had a particularly illuminating meeting and share with her the types of things you wouldn’t necessarily put into writing. Yes, okay, and might that conversation include people that the person knows who? Maybe a c l u knows or doesn’t know your prospect knows them absolutely connectors and new prospects are things that regularly come up in our durney meetings that we share not just one on one with our prospect researchers, but as a major gifts team, we often have conversations about that and you’re your portfolio what’s the what’s, the age range of your portfolio. I have donors in their twenties, i have donors in their nineties, so we are full, full across the board are average, doner is in their sixties, but the age of our large donors is quickly decreasing, so we’re getting over forties and fifties, it has as much to do with our targeting and multi generational conversations. Is anything else? Okay? The conversations, the meetings that you have with women let’s, let’s focus on women that’s the subject of your seminar women in their eighties nineties how do you how do you talk about there? Differed or plant e-giving how do you open that conversation with them? So when somebody reaches their eighties and nineties, they’ve often already got their plans sorted out. So it’s a little late to be asking to be included in someone’s estate, although we certainly wouldn’t shy away from making the ask it is a little late, but if we if we talk about people women in there, maybe a little younger in their sixties and seventies, we’re talking about a similar generation. I’m often asking questions about what they want to leave behind as a legacy, and i’m asking questions about do they want their gifts and their legacy to reflect the life that the woman maybe shared with her husband? Is it about honoring his memory? Is it about honoring him or, as we often find, once the husband passes away, the woman has a different focus and wants to make gifts that matter. So asking about priorities and legacy and what they what message they want to leave behind to their families into the world that’s often what the conversation is about how do you manage it if you’re in that situation the husband has recently, he passed. Well, let me ask, is most of your portfolio women, or is there another proportion? I would say it’s probably sixty five percent women, okay, they’re slightly slightly when you’re when you’re dealing with a man or a woman whose spouses recently deceased, and you suspect that it was the spouse who was the primary giver, my mary-jo donorsearch too american civil liberties union. How do you approach that surviving spouse? Wait, i think the most important thing is we do approach them, we don’t assume because the spouse who was the instigator of the e-giving has deceased, we don’t see him that e-giving can’t continue, and i think that’s a very key point, you don’t just let people go away exactly, and we don’t leave them alone for months and years on end. Obviously you need to be respectful and not be there the next week, but we want to let them know that we’re still they are and that we still care and we’re still interested in them and so we try to have a meeting pretty quickly, and often it becomes a nostalgia conversation about this, about the husband, about why he gave, which will allow us to talk about what do you share those some of those same values? Are you as interested as your husband wass in civil liberties? That conversation can lead us while my husband was interested in a particular area, but i’m more interested in this area of your work, so we can recon target our messaging that’s good that’s a home run. They’re still interest in your work. Just a different part of it. Absolutely or we may find they may not be interested at all, at which point we can talk about the possibility of a gift in memory of they’re loved their loved one. Alright, so still keeping the door open until they absolutely say no more, no more giving to your organization, but it’s it’s nass ity tour you don’t really give up until you actually shown the door. How many years do you have in individual giving? I’ve been doing individual giving for fifteen years. Shows senior out senior senior gift officer c o l c a c l u is lucky to have you, samantha. Thank you. This is tony martignetti non-profit radio coverage of fund-raising day two thousand eleven. I’ve been with samantha cohen. She is director of principle e-giving yes, at the american civil liberties union and samantha, i want to thank you very much for being a guest was a pleasure. It was a pleasure. Thank you very much. That was my pre recorded segment from june fund-raising day here in new york city. Right now, we’ll take a break, then, after the break, it’s, tony’s, take two, and then after that, learning, lobbying limitations with our regular legal contributors, so stay with me. You’re listening to the talking alternative network. Yes. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed hi and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com are you concerned about the future of your business or career? Would you like it all to just be better? Well, the way to do that is to better communication, and the best way to do that is training from the team at improving communications. This is larry sharp, host of the ivory tower radio program and director at improving communications. Does your office needs better leadership, customer service sales, or maybe better writing, are speaking skills. Could they be better at dealing with confrontation conflicts, touchy subjects all are covered here at improving communications. If you’re in the new york city area, stop by one of our public classes, or get your human resource is in touch with us. Website is improving communications, dot com, that’s, improving communications, dot com, improve your professional environment, be more effective, be happier, and make more money improving communications, that’s the answer. Hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com hello there. Welcome back, it’s. Time for tony’s. Take two. My block post this week is thinking is underrated back in what for me were dark days when i was a lawyer practicing law i usedto have to account for my time in six minute increments tenths of an hour and there were lots of billing codes for things like court appearances and drafting motion for summary judgment and responding to motion to dismiss and telephone conferences. But there was never a billing code four thinking about your case, and i always thought that a lawyer’s best contribution to a client’s situation, which is usually a problem situation not always, but usually would be thinking, i’ve spent my time thinking about your case strategically and the attorneys who were involved in the other parties that are involved and your needs. And but there was never a billing code for thinking, so my day’s got much brighter because i only practiced law for about two years. And now, in the brighter sonny your days, i do a lot of thinking, and i don’t have to account for my time anymore in increments of six minutes and that’s what the block post? Is all about encouraging you to think just spend time thinking actively consciously about things that are moving and important to you, whether their personal or professional. In the blood post, i mentioned a lot of things just as examples that i spend time thinking of an and that i spend a lot of time on vacation and also on the subways, actively just giving thought to things in my life and that’s. What the block post thinking is underrated is about encouraging you to do the same, and that is tony’s take two for friday, september twenty third, two thousand eleven want to welcome jean takagi and emily chan are regular legal contributors. Jean takagi is principal of neo the non-profit and exempt organizations law group in san francisco. He edits the popular non-profit law blawg at non-profit law blogged dot com. Emily chan is an attorney at neo-sage, the principal contributor to the no non-profit law blawg, gene and emily. Welcome back. I think it’s a pleasure to have you. We’re talking this week about lobbying limitations. So what? Gene are some of the activities that could constitutent lobbying just so people are are conscious of what they might be doing that could become lobbying great question tony and way to think about a lot of wealth, so jobs loving is essentially attempting to influence legislation and the activities that might constitute lobbying our writing legislation, trying to meet with legislators or legislative bodies and influence how they might act on a proposed bill and things of that that nature. We might do that with a ballot measure and go out to the people or talkto our members or the public and tell them to contact their legislatures about specific bill constitutent ok, and can also include the use of social media and blogging. Absolutely, tony, great point, so blogging is just on dh social media use is just another way to communicate, and if you’re communicating to legislative bodies or legislators, legislators better have have their own social media sites or have their own blog’s and websites, and many of them do that khun b lobbying and if you are getting your members or you’re encouraging the public to engage in the same types of activities to influence legislation and contact legislators, that could all be lobbying using social media and blog’s and twitter and facebook and all the rats, okay, so i want to come back to social media in a few minutes after we’ve talked about some of the some more details because that’s that’s really interesting and also the point of the possibility of someone posting on non-profits site and whether that might be considered lobbying, but i think we need to do a little detail work first, and emily, there are laws, there are no, they’re not laws yet there are bills and acts under consideration now that non-profits might be interested in commenting on one way or another, right? Yes, tony so loving is getting some renewed or re energized attention as of late because of some things that were seeing on both the federal and state level recently on the federal level, there was the budget control act that was fined and that’s calling for one point five trillion dollars cut decided by that twelve person bipartisan committee, and certainly there are many non-profits better concern that they’ll be at the chopping block with that cut. Additionally, we just saw the proposed job will act. I’m spoken about which will limit the charitable deduction for certain we’ll be individuals, and then on the state level, we’ve seen some pushback in massachusetts. The attorney general earlier this year tried to propose legislation that would require prior approval by the attorney general’s office before non-profit could compensate executives, but these are the types of legislation that non-profits may want teo voice an opinion on or put out communications that reflect the view on that, encourage others to contact legislators or for themselves to go ahead and do that as well. Right? So we’re not just talking about federal law, but also and any state initiatives that could impact non-profits and that they might want to comment on and emily so how do we decide how much lobbying a non-profit can do? So in the internal revenue code for public charities under five, oh, one, seat three, it says god, public charities cannot engage in more than an insubstantial amount of lobbying and the default test for that is really all facts and circumstances. The irs will look at everything, including the time spent the resource is such expenditures on decide whether the organization has now stepped over that line into substantial lobbying activity that really leaves many organizations uncertain and scared in many. Ways, because there is no strict percentage or limit on that. So what organizations can do is elect to be measured by something called an expenditure test, which is under section five a one eighth of the internal revenue code. And unlike the people in this one, is measured only on expenditures. So it really gives organizations a better gauge as how to measure their own lobbying limits within compliance with the law. Okay, holy cow. All right, so that’s a ton of stuff. So? So you have to do lobbying that’s? Well, i shouldn’t say less than substantial because that’s not what’s in the code. So you have to do lobbying, that’s insubstantial or or less if you’re a five a one c three. Right? Okay. Cancel amount of total activities. Another way too. Wait, i’m sorry. Say that one more time in a substantial amount of total activities. Ok? And so then there are two different tests you’re saying to measure whether you’re you’re meeting that threshold or your or your exceeding it, right? Is that that’s standard? I should say that standard or you’re exceeding it. Is that right? Yes. That’s correct. The default. Substantial part. Okay. There’s the expenditure testament organizations can elect to be measured by filing a one page form. Okay, before we go into too much detail. So let’s talk about the substantial part test you say substantial, substantial part of what substantial part as activities. So it goes back to the language and five oh one c three and saying that organization can army engaged in an insubstantial amount of lobbying and there’s no exact equation as to how the irs will do this, it will just look at all facts and circumstances. Okay? And you said that this is the default test. So careful around jargon jail, because for lawyers, default is very clear. But for others may not necessarily be. That means that everybody’s covered by this test, unless they choose the other one, right? Yes. That’s correct. And then that’s, when they would file a form form fifty seven sixty eight and elect into the expenditure. Okay. And jean, let me turn to you and ask when should a non-profit or what types of non-profits should try tio or should apply to be under the expenditure test. Well, it’s going to be most non-profits tony that are going to be benefiting from from falling under that test. The five oh one h expenditure test really works out for all charities, particularly if their annual budgets are under seventeen million dollars a year. And i would think that that’s going to cover most of the people listening, okay, organization and how do you come up with that number? What is that? But under the substantial part test that emily was talking about again, if you don’t do anything, and that’s how the irs is going to look at your lobbying and they look at everything assembly was talking about and the general rule of thumb that people use that professionals use and trying to give guidance. Tio non-profits is saying that well, there is an old court case that five percent of your organizations, time and effort spent on lobbying. That’s not substantial. So it’s okay to do up to that amount, but anything over them that we’re not really sure of. So if we took a look at five percent that’s that’s going to be not a lot of money for a small charity for, you know, a million dollar charity we’re talking about a cz little as a five thousand dollars when we go into the expenditure test, their specific limits that we know we would need teo comply with in order to stay under that threshold, and the limits are pretty generous. Tony twenty percent of your first five hundred thousand dollars in expenditures in furtherance of your mission would be insubstantial. So that’s one hundred thousand of your first five hundred thousand dollars that you spend would be insubstantial fifteen percent of the next five hundred thousand ten percent of the next five percent of the next. It ends up being tapped at one million dollars. So when we look at that one million dollar mark, and then we go back to the substantial part, tess, we know that at about seventeen million dollars that’s when the substantial part tests and expenditure test looks to be fairly, even if we’re just looking at that five percent mark as the rule of fun rule of thumb with substantial part test okay, biggest benefit of the bible in h expenditure tests for most smaller non-profits tony is that all volunteer time spent on lobbying doesn’t count of lobbying? Volunteer time doesn’t spend doesn’t count, so so you can have lots of volunteers going out and knocking on lots of doors or leafleting and doing things, and none of that time counts. None of the expense of that time counts toward the calculation. Well, none of the volunteers time town on that calculations are only expenditures. That you might have in that equation would be factoring what staff time that you might be paying for to organize the volunteers and maybe some printing materials. But for low cost or no cost lobbying measures, the five of one age expenditure test is of great benefit. Okay, we’re going to take a break, and my voice just cracked like i’m fourteen years old, and when we return, we’re going continue learning, lobbying limitations. This is excellent detail to stay with us. Talking alternative radio, twenty four hours a day. 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 lebowitz, 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 hunters. People be better business people. Dahna this is tony martignetti aptly named host of tony martignetti non-profit radio big non-profit ideas for the other ninety five percent technology fund-raising compliance, social media, small and medium non-profits have needs in all these areas. My guests are expert in all these areas and mohr. Tony martignetti non-profit radio fridays, one to two eastern on talking alternative broadcasting do you want to enhance your company’s web presence with an eye catching and unique website design? Would you like to incorporate professional video marketing mobile marketing into your organization’s marketing campaign? Mission one on one media offers a unique marketing experience that will set you apart from your competitors, magnify your brand exposure and enhance your current marketing effort. Their services include video production and editing, web design, graphic design photography, social media management and now introducing mobile marketing. Their motto is. We do whatever it takes to make our clients happy. Contact them today. Admission one one media dot com talking. Lively conversation. Top trends. Sound advice, that’s, tony martignetti non-profit radio. And i’m ken berger from charity navigator. Welcome back to the show i’m with our regular legal contributors, jean takagi and emily chan. We’re talking about lobbying limitations. Gene, you mentioned that where this five percent is based on an old case. So how come it’s ok to rely on this old case? Because we don’t have anything else, tony so we don’t really have anything else to rely on. There may be some private letter rulings, but theres so specifics with facts and circumstance is that they don’t really touch on an overall level anymore. So all we have is that old court case that’s at five percent of time and resource is that that was insubstantial and okay, okay, and you invoked a lot of mathematics. You know, i went to law school because i’m poor at math, so but i was able to follow your explanation, but that’s about as far as i can go, so don’t bring in any algebra or anything. Just keep it tio addition and subtraction. Andi, i’ll be okay. So and what is the form that non-profit uses to elect the the more advantageous one that’s for small non-profits the five oh one h test it’s form fifty seven. Sixty eight and has emily mentioned one page form super easy to fill out one of the easiest forms that the irs has? Okay, fifty seven, sixty eight there’s no t on the end of that it’s not fifty seven. Sixty eighty no tony from from the earned income was that elearning yeah, i like the tee form. See if you can find some more of those that have a tv in them. Okay? And then let’s just based our conversations on those. So so we have to do research. Well, you do find all the forms and have teas, and then we’ll talk about that that’ll be the subject for future future shows that you’re on so let’s see, emily, how do we oh, so let’s, talk a little about social media now, okay, so now we know the two different tests. So emily suppose somebody posts puts a block post aren’t just comments on a block and a non-profit advocating, you know, opposition to the charitable deduction limitation that you were that you mentioned earlier. Does that fall under lobbying? Tony it’s really going to depend it’s going to depend on the facts and circumstances around that situation? Social media is certainly a place where the risk is there, um, and it really is going to fall on how the organisation is monitoring its own social media. So, for example, what kind of user agreements it has if it has a moderation policy, the dance that an organization takes on the way that they control their own platform is going to possibly affect whether the irs decides to say that that’s lobbying and challenge them and as well how courts are going to interpret the factions. There’s actually a really good resource that recently came out from alliance for justice called influencing public policy in the digital age. And it’s, a resource precisely on social media and a lobbying an election related activities. Ok, is that alliance for justice dot org’s? Do you know it isn’t free and it came out okay. Okay. It’s. Always troubling when you know when you when you guys say and i think this related to earned income also it depends on the facts and circumstances. That’s, it’s, it’s. So nebulous though, hyre. And you also said emily it it depends on the way the non-profit is monitoring their blawg. What do you mean there and could you could talk a little bit louder for us, too. There are different schools of thought as teo, how organizations should approach monitoring their own platform. So on one hand, organizations can decide to have moderating policies where they say they will take down information, not violate their community by lines of their terms. And if something were to happen, such as lobbying by a user who came on, you know, they may be able to show good faith, but at the same time they take on that responsability and apparently the administrative burden of monitoring that forum. On the other hand, there are organizations that choose not to moderate the forms, and they just put out a disclaimer that they don’t moderate it. They don’t stand behind necessarily what’s being put on there and it’s not a reflection of the organization. While that does take away some of that burden, then of going through in filtering the comments, it may be more difficult than to show that they are taking the responsibility to ensure that they’re not engaging in substantial amounts of lobbying lobbying, and it also creates a bigger risk that then, you know the free for all on their forum for whoever comes across it and whatever they want right there, you can’t just say we don’t monitor it and it’s not the opinion of of our non-profit that’s not going to be good enough? You can say that, but there is a question as to what position that puts you in certainly the law and the irs. They’re trying to catch up with these new avenues of social media and how to apply these very traditional rules to these new forms of media that, you know, create opportunities that weren’t previously available. Yeah, the laws are not keeping up with the changing digital landscape, certainly let’s. See so jean, did you find any there’s tea forms? Gene on the break, by the way, looking way had a two minute break it and i thought you come up with half a dozen by them. So there must be a reporting mechanism. If we’re concerned about the substantiality of lobbying activity, there must be some way that non-profit have to report backto irs. Absolutely so the form nine ninety is their annual information returns and whether you form filed the form nine, ninety or the nine ninety easy version you have to file a schedule c, which reports all of your lobbying activity and there’s two ways to report it. So if you are under that substantial part test, you didn’t do that that five o n h election and you fall into the substantial part test. You have to last her a lot of questions about whether used volunteers and what other resource is air being used for lobbying? But if you file that five o one h election, as i recommended for most organizations, especially smaller organizations, then you just record your expenditures and on the social media issue that really works out to your benefit as well, tony, because how much money did it cost to lobby when he just got a comment back from somebody that put in a lobbying position? It might have cost you almost nothing, right? So then you don’t worry about it so much if you paid that election and we’re talking here about the tax implications. But there is another federal requirement around lobbying activities to reaching that’s, right? So if you’re gonna be live ing on federal issues, you may also have to look at the registration and reporting requirements in the lobbying disclosure act, and those can be fairly complicated, but those air outside of sort of the tax requirements of around lobbying and you’ve got to talk with attorneys who understand the lobbying disclosure act on the federal level and possibly if you’re looking at state level issues or local level issues, you’ve got additional registration reporting with state and local authorities as well. Okay, so, uh, substantial, and what about the let’s? Say the pastor? This comes up in new york, a lot of pastor on a pulpit around election time on dh he or she is advocating for either one of the one of the ballot initiatives for against or for or against a candidate. Jean how does that fall into what we’re talking about? Well, when they’re talking about a ballot initiative, then we’re talking about a form of lobbying. So in the case of a pastor preaching to his congregation or even to the broader community we’re talking about typically grassroots flopping, which is lobbying where you’re going out to the people and telling them how to vote or tell their legislatures on how to vote sametz i’m going to actually back-up one step, however, if the people on a ballot initiative, if it the people themselves of the lawmakers and not the legislators, legislative bodies, then that would be called direct lobbying because you’re going directly to the people who make the law the people themselves. Well, but if you’re on the if you’re on the pulpit, you’re talking teo anaugh audience of congregants, and they’re all voters. What is that then? It’s still lobbying? So if you’re if you’re got a position on the law and telling them how to vote on the law, it would be lobbying the one thing that you mentioned that might be a segway for another show tony is, is when pastor on the pulpit start telling you who to elect for public office. Okay, now we’re talking about candidates, not issues, right? Okay? And in that case now we’ve got an election hearing activity and five a onesie three organizations, including churches, are prohibited from engaging in that type of political activity where they’re endorsing a candidate. Okay, that does sound very good. Why don’t we talk about that next month? Because there’s an election in november so we can talk about election earing and the limitations around that in october has that sound sounds perfect and, well, look way need that. Yeah, yeah. The subject is off the table if there’s no tea forme because tony form. So forget about it. You know we’ll do election next time. That’s. Emily chan and jean takagi emily gene, thank you very much. My pleasure, gene is principal of neo, the non-profit exempt organizations law group in san francisco. And emily chan is an attorney at neo. I want to thank both of them and also my first guest, samantha cohen from the american civil liberties union and all the very thoughtful people at fund-raising day who enabled us to have that booth on the exhibit floor to do the interview with samantha and and a bunch of others. Those interviews have been playing for the past couple months next week. It’s employee engagement deshele dorsey from changing our world is with me to talk about how your non-profit khun gained from company programs in giving, volunteering, mentoring and even loaning executives and also our regular prospect, researcher contributor maria simple, the prospect finder will be with me as well next week. You can keep up with what’s coming up! 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