158: The Overhead Myth Letter Signers & Good Overhead/Bad Overhead – Tony Martignetti Nonprofit Radio

tony_martignetti_300x300-itunes_image2Tony’s guests this week:

Art Taylor, president & CEO of BBB Wise Giving Alliance

Jacob Harold, president & CEO of GuideStar

Ken Berger, president & CEO of Charity Navigator

Gene Takagi, principal of the Nonprofit & Exempt Organizations Law Group

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

View Full Transcript
Transcript for 158_tony_martignetti_nonprofit_radio_20130906.mp3

Processed on: 2018-11-11T23:02:52.315Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2013…09…158_tony_martignetti_nonprofit_radio_20130906.mp3.63925837.json
Path to text: transcripts/2013/09/158_tony_martignetti_nonprofit_radio_20130906.txt

What is that music? This is tony martignetti non-profit radio big non-profit ideas for the other ninety five percent and i am your aptly named host. Yes, we have new music, new music this week that was cheap red wine and it’s going to be our music going forward. It’s by scott stein and if you’d liketo meet scott, you can go to the facebook page. We have a little q and a with scott stein. I’m very glad that you’re part of the show. Welcome scott. New music and a new year luciana tova for those who are celebrating fifty seven, seventy four oh, i hope that you were with me last week. I would suffer idiopathic ridiculous apathy if it came to my attention that you have ms trim tab marketing. James eaton is president and creative director of the tronvig group. He explained how something small and seemingly insignificant, like the trim tab that’s it helps to steer a ship can make a big difference in your marketing and more social. Now what amy sample ward, our social media contributor and ceo of non-profit technology network and ten, had thoughts about how to manage the internal changes. When you make social media a part of your office culture this week, the overhead myth letter signers written to the donors of america, the three co signers of the letter are the ceos of the better business bureau wise giving alliance guide star and charity navigator our tailor jacob harold and ken berger, who explain what what led up to the letter, why it was necessary and why they feel many charities should spend mohr on overhead. Plus your questions and good overhead, bad overhead. Jean takagi are legal contributor helps you understand what may be sensible and appropriate non-profit graham expenses and what you should avoid. How do you protect your board officers and employees, but not go overboard on overhead gina’s principle of the non-profit and exempt organizations law group neo-sage san francisco i’m very pleased to welcome the three ceos who are the co signers of the overhead myth letter. Art taylor is president and ceo of the better business bureau wise giving alliance they’re at give dot or ge and he’s with us from arlington, virginia. Jacob taylor is president and ceo of guidestar there at guidestar dot or ge jacob’s calling from washington, d c and ken berger is with me in the studio. He’s, president and ceo of charity navigator at charitynavigator dot orb, gentlemen, welcome hi, good afternoon, glad to be here. It’s. A pleasure. Glad to have all three of you. I do want to ask you in the beginning, tio, try to be concise with your answers, because way, have lots of info to cover and just about twenty five minutes together. So tree, please try to keep that in mind. Really my first question. Art galleries for you. How did you get to be the first signer on the letter? How did you guys decide the sequence of the signatures? That’s, what struck me? Well, actually, i’m not sure about how that came about. I think we probably just threw a golf tee around. And whoever got the point got the name of their first. Okay, i don’t think there’s any significant. So about the order of the names. I think we used different orders for different events that we appear at and different communications that we send out. So, there’s. Nothing to be read into my name being first on. Okay. That’s. Very cordial of you to say. The only pattern i could see was alphabetical by first name art jacob and then ken that’s all that’s all i was able to discern, um, let’s, let’s, stick with you there. All right, you guys are the three. You represent the three leading sources of information about charities. Um, let’s start with you first and then jacob, and then can tell us what’s special about your organization, the wise giving alliance how’s it has it has a little different than the others. Please aren’t well, we’re one of the organizations that will actually make a judgment about how we feel about charity’s accountability and where, as i said, we’re primarily focused on whether a charity is accountable to the public, and we have a set of twenty standards that we use to measure the extent to which we believe charities are accountable. The’s standards were developed with the assistance of the non profit sector. It took us a little more than two years to devise the standards back in two thousand one when we last revised. Hm. And so we really feel that they represent the interests of donors, as well as the aspirations and hopes of charities that want to be accountable to their donors. All right. Thank you, jacob. How about how about guide star? Sure. You know, the big contrast i would make with my two colleagues organizations here gets right to something that art said, which is that guide star itself is not an analyst or raider or provider of judgment. What we are is a platform for data from all across the sector. So we have data on every single non-profit in the country for many, many sources, and we want to share others analysis, because we do think that the sort of analysis done by better business bureau wise giving alliance charity navigator can be very informative and important for the field. And we see it as our role to bring together the many different voices and and present them in a systematic way. And jacob, how many hits are you getting on the web site each month? Let’s, let’s. Just establish how relevant thes sites are for donorsearch schnoll sure. So last month we had about one point. Two million unique visitors. Excellent. Okay, unique visitors. Excellent art. I should have asked you how many? How many hits are you getting or if you can say unique visitors each month? Yeah, i don’t know if it’s unique visitors, but we get about one. We get about five and a half million report hits every year. So five and a half million times. Someone will come to our website to see a charity report can. How about charity navigator? What makes it different and and how? How popular. Well, you know, i just want to say first that i think, you know, between the three organizations were about fifteen million dollars in budget trying to oversee a one point five trillion dollars sector. So there’s, this much need for their, you know, all of us. And there’s a lot of us, i think similarities even more than the differences. But we also i do make a judgment, and we have a, you know, five level star rating system scale from zero to four stars. And we have about thirty metrics that we used to make those judgments. We also engage the sector in that. And also we have all one point six million non-profits on our website with information about them, even if they’re not currently rated. Let’s, let’s. Move to the letter itself. The overhead beth letter from believe june is when, when it was formally announced. Jacob the letter cites the misconception that overhead is a poor measure of a charity’s performance. How did that misconception arise? You know, when there’s a vacuum, something has to fill it, and i think there’s a desire on the part of donors as well as journalists, academics, researchers and non-profits themselves tio try to have a way to make judgments about the non-profits sector, which is very diverse and where there certainly are variances been in quality. Uh, and i think people saw the overhead ratio of something that had some meaning i’m sure my colleagues will talk about how it is not meaningless. It’s just what i would call a filter that helps us still filter out a few bad cases, but not a proxy for for equality and, you know, it fiddled it filled that vacuum, and my hope is that over the next few years, as we systematically gather a number of other types of information across the field, that we can offer an alternative that is much more meaningful and useful and helpful for the field on broader that that alternative being much broader than looking right just that overhead, anybody else want to add? To what you feel led up to this serious misconception about our ways, you know, we at the wise giving alliance, we’ve always i believed that you should look at a broad spectrum of things when you’re assessing a charity’s accountability, and while we have financial ratio metrics, address fund-raising and administrative costs, those are just two of twenty different areas that we look into. And, boy, we must ask charities almost three hundred questions before we can actually no of all twenty of those standards, okay? We’re actually met, so we’ve always group believe that there should be a broader look at what a charity does in order to really know if they’re accountable. And so when this opportunity came up for us to come together and share with the public that belief, we were all for it. So that’s sort of how we come into the table can how about you? How’d we get to this misconception? Well, i think it’s been over a lot of years, and i think that there’s been an ongoing debate over the question of what accountability measures should be those that we use the urban institute has done studies, of course, dan piela has gotten a lot of traction, and i think, you know, the views are wide ranging from we should have absolutely no accountability for overhead. There should be it’s meaningless. And i think all three of us were concerned that we be not throw out the baby with the bathwater that there’s a sort of a balanced place. We need to get to. We’re going take a pause for a couple seconds and course will continue with the three ceos of three co signers of the overhead myth letter and live listener love. When we come back, stay in there, talking alternative radio twenty four hours a day. Do you need a business plan that can guide your company’s growth? Seven and seven will help bring the changes you need. Wear small business consultants and we pay attention to the details. You may miss our coaching and consultant services a guaranteed to lead toe. Right, groat. For your business, call us at nine. One seven eight three, three, four, eight, six zero foreign, no obligation free consultation. Check out our website of ww dot covenant seven dot com are you fed up with talking points? Rhetoric everywhere you turn left or right? Spin ideology no reality, in fact, its ideology over in tow. No more it’s time. 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 go 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 e every time i was a great place to visit for both entertainment and education. Listening. Tuesday nights nine to eleven. It will make you smarter. 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 dahna duitz i love our new music, scott stein, live, listener lover get live listeners all over the country, in fact, and, of course, all over the world. Asia checking in, but we’re going to start domestic san francisco, atlanta, bloomington, indiana what if that’s the centre at indiana university. Leesburg, virginia. North kingstown, rhode island, south portland, maine. Walnut creek, california in san diego, california lots of californians live listener love there’s lots more coming, lots more live listeners glad you’re very glad that you’re with us and i never want to forget podcast pleasantries for the nine thousand or so that listen in the podcast love you too. Um, let’s see ken berger, you’re sitting here in front of me. It’s true i am. You are the only shill willing to come to the studio. How do you feel about this? That the rating organizations bear some responsibility for the evolution of this this overhead misconception? Well, i think you know, when i when i learned about the origins of charity navigator, part of the challenge for us was that the only standardized information that was available to us way back when was thiss financial information on the nine. Ninety. That’s, really all that there was that we could look at it. We always tried to communicate to our users that finance and overhead is just part of what you should look at. That’s always been part of our message, and i think part of our problem part of our responsibility is, we never really got that message out loud and clear enough. And that was where charity navigator one point o had to start. Yeah, it was all that was available. Yes, yes, but, you know, and so we’ve been trying to do bang the drum louder and louder over time, to let people know there are other things that are critical that have to be considered in the most important of all, being the results of the work. Okay, you other guys, anybody wantto weigh in on your organization’s responsibility leading up to this? No, i take it, you know. I’ll just say that i think, you know, we what we didn’t do ratings, we certainly presented the ratio on our site, and, um, i don’t apologize for that, but i think there was always room, as can said for further context provided to users and two donors about how that could be a meaningful peace, but not a full, full story. And then i would also argue that the blame where the credit or the responsibility, however we want to characterize it, goes far beyond any organization that did a rating but all the way to non-profits them cells, which, you know, reinforce this myth by literally, quite literally, billions of times a year, you know, prominently displaying their own ratios on their sites and at times they do that with complimentary data about programmatic results, which i think is very powerful. But when they do that alone, when they they on ly share that information, they really reinforce the myth in a problematic way, and so i would encourage all non-profits to ensure that if they are sharing, they’re they’re financial ratios, that they only do that in the context of their programmatic work and the results they’re achieving their communities, and they might have been doing that in response to donors who were, you know, picking up on it and picking up on the misconception i mean, there’s been a lot of talk about it and that that may have been, albeit sort of, you know, inappropriately waited response, but it may have been a response to the public, so the demand for those for those numbers, i think that’s absolutely right and it’s essentially create a vicious cycle where i think no one wanted it tio kind of spin out of control, and it hasn’t. So now where we’re pulling it back, trying to put things inappropriate contact trying teo affirm this multidemensional approach that we’ve all been talking about write your letter is is addressed to the donors of america, not to the charities of america. Dahna um yeah, go ahead, there’s some something more okay, there’s something i would like to say. You know, i think one of the things that really strikes us is that when a message goes out there, as some people are promoting that what? You should look at his results and results alone and forget about all this overhead. In this other financial business and what not in these other ratios? I think that it’s really ridiculous, and i think it’s really unfair to donors, i think that in a sense donors have made a very rational choice in looking at proxies to some degree, because the reality, as we know from years of research, is that is that the vast majority of non-profits do not publicly report on their results, and in fact, if you take it a step further, the vast majority of charities don’t have any data on their results to report upon. And so it’s not fair. I think two entire, you know to say, well, donors, you know, you should be looking at this when in fact there’s nowhere for most of them to go for most cause areas. For most types of charities, you don’t have robust information. So in addition to the advice that jacob gave about the overhead being paired with the results, i think there’s a fundamental message that charity’s more and more have got to step up to the plate and really take on this matter off results if you want people to look at things other than overhead. You have a really obligation to give them the most meaningful. The most important information which we agree all is about your results. Yeah, the conventional wisdom for for a lot of years has been that our results are unmeasurable were too complex for the work that we do is too abstruse, teo quantify results and that’s still happening. And in fact, we spicy and increasing drumbeat. There are more and more of these kind of particles we see coming out saying, well, we’re too complex. It’s two unique were too it’s, too expensive, there’s any number of a litany of excuses, quite frankly, and we’re not saying that you have to be perfect and it has to be robust. We just want to see charities begin to get on this road and do the best you can just started. Don’t say that. It’s. Impossible. We know that it’s, not there’s. Plenty of resource is out there to help our tailor. The point i would. Oh, please go ahead. There. There are the reasons people give to charities are very complex. And quite a bit of it goes to the extent to which people trust the organization the extent to which they trust people are trying to achieve the organization’s mission and trust can be measured. You are sensed by people, sometimes more so than it can be measured. You know, when we feel that the people in an organization are giving it an honest effort, that they’re working hard to achieve the goals of the organization. We tend to trust that organization, mohr and their different ways of looking at that it’s not always extent to which, you know, we see these results printed so, you know, that has to be factored in, and sometimes trust goes to the extent to which people feel comfortable with how they’re spending their money. And while we don’t like that, it’s still part of the complex mix of what drives people to give to chairs art the letter goes so far as to say that many charities should spend mohr on overhead. What what was behind including that? Well, you know, you can certainly look at some organizations who like to tout the fact that they spend, you know, very small sums of money on overhead and and want to point out that that makes them somehow better than organizations that maybe spending mohr that’s. Dangerous, because if an organization really needs to spend more money on overhead and and that amount is reasonable, they should move in that direction, rather than in a direction that would keep them from being an effective organization by not spending that money. So, i think, that’s, the point that we’re trying to make here. If an organization needs to spend more money on overhead, and they’re still within reasonable boundaries for what would be comfortable for for them and for their board members, they should look in that direction. They should. They should do that, including overhead for long term growth. Minute. This constant struggle between the immediate need and and the the desire to have build scale and capacity for the longer term. That’s, that’s very, very challenging. Yes, that’s. You know, that’s, what boards and executives of non-profits are charged to do? We have to balance the challenges of explaining to a doubting public that he spent expenditures are worthwhile and that they will lead to results. Uh, that’s the role of the board and that’s the responsibility, i think, of the executive running that organization to make sure that the people understand the directions that they’re headed in art taylor is president, ceo of the better business bureau wise giving alliance jacob harold, president, ceo of guide star, and ken berger, president, ceo of charity navigator. And we’re talking about there overhead myth letter that the three of them signed i want to take a moment, send a little more live listener love, hillside, new jersey, yonkers, new york, new york, new york, baltimore, maryland and bloom dale, ohio live listener love out to all of you let’s, go to some some questions we did a lot of pulling for listener questions, and i want to thank all three of your organizations. Thank you and your staffs for retweeting my tweets, looking for questions and really, i wantto do one think all three of you and your and the staff, they were working with me. Really very, very, very helpful. Thank you for that. Um ah, question came from amanda. Pee on da on twitter, she’s at living united who decides and how do you decide what is program and what he’s overhead? These areas can be pretty overlapped and sort of pretty vague boundaries. Who want to take that? That question from amanda p about program versus overhead. How do we decide? I think part of that can be in discussion with your your auditors to help ferret out. Make sure that you’re using the best practices in the policies that air in place to make that determination. We do know that, you know, i bought it. Work is as much an art as a science and there’s some ambiguity there. But there are some experts that have worked with a lot of organizations that you can, i think, rely upon, you know? And the other thing is to remember that were typically looking at larger organizations, those of us at least those of us that are doing these ratings. So those kind of organizations that need to do a gnawed it and to have that kind of expertise they can work with that professional to help make certain that they’re allocating those costs appropriately, that our overhead and that are not overhead and let’s also remember that when we’re talking about overhead, there are two subsets of that in particular, one is fund-raising and the other is administrative, and there was some important differences between those things, and as we’ve been talking about the importance of overhead, a lot of what we’ve been talking about is especially in the area of the administrative, the infrastructure jacob can mentions the fund-raising overhead is there a another? This is another question i got from a couple of listeners about the cost of raising a dollar that phrase, the cost of a dollar raising the dollar, any any guidance around that? What can we what can we offer charities? Well, so you know, i would say this distinction is is an essential one, um, and that when we talk about investing in yourself and investing in training or strategy or internal systems, that really falls into this category of administrative overhead and that’s something that in general, i’m very sympathetic when an organization says we need to invest in ourselves on we need to be able to think in the long run and that ultimately the way that we’re going to maximize effectiveness is by being a strong and effective healthy organization with fund-raising you know, i think that when you look at the cases of fraud, which i believe are rare but it’s still important for us to address, they more often fraud and or gross mismanagement, um, they more often fall into the category of fund-raising fraud or front fund-raising mismanagement, i’m not going to offer any sort of a, uh, redline a particular number where it’s, fine, if you’re below and it’s bad, if you’re above because the non-profit sector is simply to divers for that, i will say that, you know, the vast majority of a dollar raised is going teo fund-raising costs, especially when those air outsourced to professional fundraisers, you know, that’s something that to me is not a red flag at least a pink flag is worth exploring, but i also recognize that, you know, philanthropic capital is the fuel of the non-profit sector, and it does cost money to raise money, and we have to defend non-profits ability to invest in their own fund-raising while recognizing that there are those cases where it goes too far, aren’t we have find it interesting? Yeah, that in our evaluations, about forty five percent of the organizations we evaluate failed to meet one arm or of our twenty standards, but only about twelve percent failed to meet because of some financial ratio issue, whether that be fund-raising or administrative. So, you know, we like to help donors appreciate that if you’re just focusing on these overhead numbers, you might be giving to organizations that you wouldn’t give, too, if you knew more about him. So there’s also the flipside of overhead, which is over relying on them, can can lead you to support organizations that you might not want to if you do so, we think that our financial ratios are probably at the right place, given that so few fails to meet those financial ratio stands. Okay, that puts it in perspective. Thank you. All right, let’s, stay with you. We have a question from the council of non-profits in washington d c on twitter. They are build np capacity. Should we still use overhead? Is it so charged a word? Now that we should be using something else instead, well, you know, the word overhead is a generalization, as we’ve just discussed, what we’re really talking about here is where their charity spending a reasonable amount on administration and program and fund-raising and those are the three categories that we use should we continue to use that those three descriptions? Absolutely, because organizations do need to know how much their spending on these particular categories for purposes of comparing their effectiveness in these particular areas, effectiveness isn’t simply program effectiveness, it’s also, you know, making sure your administration is effective and making sure your fund-raising operation is effective, and i don’t think you can do that without keeping score financially to go along with what you’re doing. From programmatic jacob question from jean takagi who’s, our legal contributor and on twitter he’s at g tak wonders, why did it take so long for the overhead myth letter? Um, you know, a fair question, and i’ll i’ll say that, you know, part of it is just the coordination and that you know, the power here it that our three organizations that have some differences have different approaches, sometimes differences of opinion. Came together because we did share a belief that we have the field could move beyond are our focus on on overhead, it just takes a while sometimes to coordinate that across organisations that even as we are friendly there there elements what we do that are in competition with a city with one at the same time, though guidestar, charity navigator and others did sign a similar agreement back in two thousand nine. So we did do this before. I think part of the differences that, you know, you have the damp a lotta phenomenon, and i also think that and jacob and guide star was very instrumental in this, trying to have a way that tangibly the non-profits could actually sign on and be involved and engaged in the process which pulled people in in a way that weren’t wasn’t in that original effort in two thousand nine. Yep. That’s right. Gentlemen, we have to leave it. Okay. Very, very quick. Back-up. Go ahead, jacob. Oh, just that. And the one thing that has that there’s now hope that their new alternatives emerging and that we can begin to fill the vacuum with something else i want to. Thank all three of you, alright, can burger just said, amen. Thank you, taylor president, ceo wise giving alliance. Jacob harold, president, ceo guidestar. Ken berger, president, ceo of charity navigator you confined art on twitter at wise giving. Jacob is at jacob, harold and ken is at ken’s commentary. Gentlemen, thank you very much for being guest. Thank you so much. Thank you, thank you. Been a real pleasure. We take a break, go away for a couple seconds when we come back, tony’s take, too. I want to express some gratitude, and then gene takagi on good overhead, bad overhead. More live listener, love. Stay with us. You’re listening to the talking alternative network, waiting to get in. Duitz nothing buy-in good. 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. Hi, i’m ostomel role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m. We’re gonna have fun. Shine the light on all aspects of music and its limitless healing possibilities. We’re gonna invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com. You’re listening to the talking alternative network. Buy-in hi, i’m bill mcginley, president, ceo of the association for healthcare philanthropy. And you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. Oppcoll got more live listener love, rocklin, california, brooklyn, new york, clinton, maryland, dallas, texas live listener loved to you let’s, go abroad. We’ve got seoul, korea, seoul so so loyal. Such always someone at least one of a couple of today from seoul. Thank you very much for listening on your haserot and chongqing, china usually have more from china, but only one today. Chung ching, china ni hao, time for tony’s. Take two and i want to use this time to just thank you very much for listening. I am grateful for your support of the show. I’m in your ear right now and i thank you for that. Radio is a very personal, maybe even intimate medium, i believe. And i thank you personally for listening and supporting the show. Thank you very much. And that is tony’s. Take two. Just my gratitude for friday, the sixth of august sixth of september. Who writes this copy? Who writes this copy to sixth of august, the thirty sixth show of the year. Jean takagi he’s, the principal of neo the non-profit and exempt organizations law group in san francisco he edits the popular non-profit law blogged dot com and as i said earlier, i’ll give him another shot out on twitter. He’s at g tak welcome back, jean tony, how are you? I’m terrific. What was what was your take on that conversation? You know, i thought it was really interesting. Tony, i really appreciate the fact that the three of the signers of the overhead myth better came onto this show and we’re willing to discuss discuss that issue. I think it’s a really important one to recognize. Excellent. And i was grateful as well it was. And that was the first time i ask can off mike that’s the first time that the three even have been together in a live for him like this. The only other time was answering a newspaper. Reporters questions and, you know, newspaper is a secondary medium to radio, of course. So very glad to be the first time that they were all three together. Live s o. You have some thoughts on good overhead, bad overhead. I got some questions, gene, that really worded differently, but fell into the category of this. How do we decide what is appropriate? Yeah, i think. That’s a great question. Tony and it’s. Difficult. To answer because it’s so specific tio the organizations in the circumstances that may be applicable to that organization so it’s hard to make generalities. Which is the whole reason why it’s hard tto rate charities based on their overhead. But i think we can, you know, lissome general principles of what might be good overhead and what might be problematic. Okay, you have some from categories, then that that we should start with the good, i believe, sure. So i think education is a really good category educating particularly your board of directors so they can understand their responsibilities and how they can best contribute to the organization. I think boards are largely an untapped resource for many charities and investing in educating and engaging them. Figuring out how to best engage report, i think, is really valuable then educating your executive director or ceo. I think that’s so important as well, often times ditigal dd is charged with implementing a plan, and that person may not have the experience or the educational background to do all the things that are required to implement that plan. Perhaps no translating their vision into organizational priorities are setting realistic budget providing. A useful employee feedback, you know, defining and delegating properly assessing organizational needs on dh communicating those two all the stakeholders of the organization, the eighties are charged with doing so much and so many different areas, and they may have tremendous skill and leadership, but they may lack certain certain skills or experience in certain areas, and i think boards have got to make sure that they put into their budget equipping that executive director with the information or consultants or other materials that she or he needs to get the job done. Thiss ah lot of what you’re talking about falls in the category, i think of professional development for the board, for the executive officer on that would also trickle down to the staff as well. Yeah, absolutely. And, you know, i call it education rather than professional development, because professional development sometimes seems like a benefit that you’re giving out to your to your employees. And i think these air just crucial investments, both in making sure that you’re properly equipping your organs, you know, perhaps you’re your most important organizational asset, which people, um and also in terms of just, you know, making sure that you’re going to retain the best people if you’re not educating them, retention is going to be a big challenge, all right? What’s another category of what you deem acceptable and an appropriate overhead expense stop purposes by saying i am a lawyer, chun hee’s. I’m bringing that perspective into this and and others will have other perspective to offer. All right, jeez, what’s coming boy, go ahead regularly at the morris with for me as a lawyer, making sure that you’ve got the right policies in place is really important. I think sound policies can improve on organization’s operations, can help prevent really costly mistakes and keep in organizationally a new organization legally compliant, which can be valuable in so many ways. So that would the expense aside from time to time to create policy and then have it approved by the board, might involve consultants in areas that the organization’s lacking expertise? Yeah, absolutely so anywhere from an auditor, regardless of whether you’re require an audit or not under under laws, maybe an audit or financial review, khun raise cem cem, sufficient information or materials for the board or the executive to consider an internal control policy. Financial management policies getting other consultants involved or lawyers to deal with conflict of interest, document retention, whistleblower issues figuring out what type of gifts are ok to take and which ones are not ok to take. Most organizations don’t have gift acceptance policies and that’s something that they should look into, and i think you’re going to raise maybe an issue of expense reimbursement later on and that’s another good policy to have to make sure that everybody’s on the same page well, okay, around that you and you and i have talked about a lot of these policies in the past, in detail, so around that expense reimbursement there was there’s, an interesting case, a to college, a college president who spent one hundred forty thousand dollars on a trip to china, and it is justifying it. Could i don’t remember the name of the college. I don’t do you? Yeah. It’s, westfield state university and their president was abin da bao. Okay, he’s he’s. So that expense, among other things, it’s. Not just that expense, but among other things. But that one caught my eye because it’s on its face, it would seem so outrageous. But there’s things. We don’t know, like how many people were there and, uh what? What the outcomes were i mean, that could be a justifiable expense, that kind of money for a trip it was to china. I’m pretty sure yeah, absolutely. So i don’t know enough about it to really comment on it any more than to say that, yes, on its face, it can look like it’s going to be difficult to justify expense, but that’s, as it was characterized by the media on dh i don’t know that we have all the information or if the media has sametz displayed, you know, the information that would raise sort of public outcry where otherwise it might be kind of boring to know what justifications there were for such an expenditure. Perhaps there were good reasons teo increase the amount of revenues that coming from from china, or support or toe otherwise in attract students from from there, if that was indeed one of the goals, i think there’s more that needs to be learned about this before criticizing it, and the board or the executive committee of that board had requested and risk steve thirty page audit, i believe, and i think they’re going to need to go through that pretty court carefully. It just raises the point that it’s really without all the facts, as you’re saying, it’s really impossible to know whether one hundred forty thousand dollars for a trip to china or fifteen percent spent on program in a year or are more vice versa in a year is appropriate. You just if you just can’t draw these lines the way one of the ceos i think it was jacob, harold said, you know, and we were talking about i was talking to those guys you just can’t know and be so precise with dollar amounts and percentages, yeah, in some ways are in many ways i would say that st tony, i guess there are the exceptions and aren’t there are always exceptions, but if a charity that’s focused on poverty relief is paying for, you know, first class entertainment, first class flights to paris toe entertain their staff members for retention purposes. I upleaf that’s bad overhead, but, you know, outside of the really obvious examples, it is sometimes difficult t criticize a charity, but i don’t think we can downplay whether donor-centric tae shins are reasonable or not, if you’re transparent organization and that information is coming out through the media through the charity rating sites through your nine ninety, you’re going to want to make sure that that you’re aware of certain expenses that might catch people’s eyes and turned them the wrong way because of public relations and the goodwill that the charity has is, you know, other other than the people of this that that are supporting the charity, another one of the charity’s most important resources that that goodwill so you don’t want to harm that you want to avoid the perception of a bad expenditure. Yeah, especially if it looks like a blatant rip red flag out there. What’s another category you you have for us in the in the good overhead section. A few risks that you have the right insurance investing in the, er, right technology, kind of another area, i think, in terms of raising the effectiveness and efficiency oven organizations performance even currently, and not just building skills for the future. I think you gotta look at things like technology are using data technology, that’s going to be more expensive, upkeep and that’s creating inefficiencies. In the productivity of your staff for that hinders prevents reasonable expansion will knew technology allows for more effective and efficient ways of advancing the mission, communicating with the donors and supporters, finding new donors, you know, mobilizing advocacy efforts, measuring and analyzing impact. And i think measurement tools is another thing there’s a demand now from from lots of sources about well, if it’s not overhead it’s about, are you creating positive impact? And if that’s the big question out there now what? How our charity is measuring that i think are may have mentioned that a lot of charities, they’re not showing that in their nine nineties, we can’t really determine howto review charities based dahna on impact and part of that is because it’s so hard to measure, but what investments are you making there then? I think the last thing i wanted to mention with building engagement and collaboration collaboration is it was such an important part of being more effective and efficient and taking great ideas to scale where, where it makes sense and that all costs money, and if you’re going to label that is overhead and then i think you have to make sure that you’re putting your money in the right place. One of those questions that i read from a listener was, you know, he’s overhead, a jaded term now. But, you know, maybe i’m probably doesn’t really matter what the term is, but investment is something that i think that sounds more positive than overhead, and it seems to fall into. I think it sort of captures a lot of what you’re talking about in terms of engagement. You know, in investing in people and maybe joint ventures and things like that, we have to go away for a couple seconds. Jean, of course, will stay with us, and we keep talking about good overhead, bad overhead. Got a little more live listener, love, stay with us. You’re listening to the talking alternative network. Oppcoll 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. Have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. No. Got more live listener love, vietnam live listener love out to you, warrington uk and mara pole, ukraine live listener left each of you. I’m sorry, we don’t have vietnamese or ukrainian covered in the studio here. We do have japanese, though. Konnichi wa to you, yokosuka! That was terrible. Let me try that again. Yokosuka and osaka i could eat you are gene let’s, let’s move, teo bad overhead some something’s in the fall into that category you think probably are hard to justify. Yeah, there are certain transactions that i think or expenses that they’re going to be more difficult to justify than others think again there they’re going to be exceptions to some of these, but generally speaking, if you’ve got transactions that appeared to benefit insiders like boardmember zehr officers mohr than the charity’s intended beneficiaries, those are going to be difficult to justify, and you’re going to want to think carefully about whether you should make those expenses and then whether they’re really of reasonable advantage to the organization if that was to come out in the open. So those are one type extravagant expenses way before we before we moved to benefit another if that one hundred forty thousand dollars china trip is really resulting in very trivial benefits and never with the expectation of muchmore benefits to accrue to the organization but was really about sort of making sure that a president or ceo was traveling on a very enjoyable trip. That’s compensation, that’s that’s not that’s, not an organizational expense that that it’s going to be easy toe to justify in and of itself, and finally appears, you know, having significant expenses on furthering some other cause other than your mission other than your state admissions, then that may be a problematic expenses well, and that may be a violation of your duty. Teo ensure that the charitable, recent sources are used for that particular mission. So if you’re an organization with a mission to improve the lives of children with leukemia, you shouldn’t spend significant amounts of the charity’s money tto help disaster victims in the local community, even if that’s a wonderful cause because that’s not your mission, you mentioned the insider transactions, and one of the policies that were supposed to have when we were talking about good overhead was was conflict of interest policies, but that is not. Supposed to deal with the the insider transactions? Yeah, in part it does, but we can. We can have work transactions that are going to pass the legal requirements of conflict of trance. Interest transactions are not necessarily bad if a director or boardmember is offering an organization rent and one of you know his or her office spaces and that’s slightly below fair market value or nor more than fair market value, that might actually be the best deal for the organization to take. And that deal might be fine. But on the other hand, if you had other choices that were equally viable and it looks like you’re benefiting one ofyou, directors air, doing him or her a favor by renting out when it their offices and that can be problematic, and then you want to you want to factor that into the decision for that particular transaction. You have some thoughts about fund-raising expenses and how they may or may not be good or bad, excessive or or appropriate. Yeah. And there again, it’s it’s really about the care and the diligence at the board and the executive are exercising in determining what is an appropriate amount. To spend on fund-raising expenses and what is to be gained out of it sometimes you know fund-raising expenses are going to be expensive, and if you’re building a new campaign and intending to raise a lot of money, you may have to invest a lot in that to get the right people there. Tio use the right strategies for marketing, but again, you’ve got a sort of manage both what your needs are and what your donors and the public’s expectations are. Well, yeah, it’s a tricky area that’s very hard, though, because the public’s expectations air being set by thie overhead myth misconception, for instance, and what and what they do see some charities publicizing the way i think it was jacob harold, you know, said hey didn’t use the fund-raising expense example, he used the overhead ratio example, but those don’t expectations are very hard to two teo to manage well, impossible to manage their very hard to know sometimes, yeah, i think one of the questions that that has been raised on twitter around the show as well with what you know are the signatory to the overhead midst letter going to do about changing don’t expectations, and i think they’ve got limited power to do it. I mean, it’s, great to shut some sunlight on this issue, but, you know, your donors are your donors on dh you’ve got no, you know, here’s, another overhead expense that you should be spending on is educating your donors about why you’re spending the way you are on if you can tell them exactly what you’re doing and be open with it, hopefully that’s going to justify it for your particular backs of circumstances, but you can’t just simply, you know, expect donors to understand it very, very high overhead ratio initially, uh, let you know, let them figure out for themselves that it’s going to actually result in better impact and lower overhead ratios in the future. You know, companies deal with this, you know, expectations. I said it’s, impossible to manage, not manage, but i don’t know, maybe i’m splitting hairs here, but persuade mean over time, and it does take time, and it does take money. People’s perceptions do change. I mean, look, a tte political candidates who are disgraced and then, you know, win win congressional offices or running for mayor or something on dh, you know, and have a good chance of succeeding. Look at, you know, your own your governor in california, for instance, people perceptions about people can change perceptions about companies can change. Weii just have about a minute left. I mean, it can be done, but it’s a very long and i think expensive process. Yeah, i absolutely agree. And i think it is important for platforms like like this and be open the overhead mid letter and and your show, uh, tony, for people to understand, you know, overhead averages about twenty five percent across all industries in the for-profit world and thirty four percent across service industries, at least according to one major study and a lot of non-profits are scared at anything that approaches over twenty percent and, you know, maybe that’s not right. And sometimes you need the initial overhead expense to build infrastructure uh, before you move on to more efficient systems, and that means your overhead, rachel is going to be bigger as well. So educating more and more people about this through through the media, through other platforms, but also on the organizational level really, really important. Durney martignetti non-profit radio we’re trying to be the change that we want to see in the world jean takagi is principal of neo in san francisco non-profit and exempt organizations law group. You’ll find his blawg at non-profit law block dot com, and you’ll find him on twitter at g tak jean, thank you very much, as always. Thanks, tony, my pleasure. Next week, scott koegler returns he’s, our tech contributor and the editor of non-profit technology news. We’re going to talk about internal versus external social media and communications tools and platforms very much want to thank my three ceo guess the three tenors, i don’t know there were the they were like the three tenors. I don’t know which one would be pavarotti, who were the other three placido domingo and i put it in janice ah, former opera singer on the spot she can’t name the third just she can’t name the third she will as soon as we sign off, i know i’m i’m sorry, janice, if you like this show, then you’ll like my podcast, which i do for the chronicle of philanthropy. It is fund-raising fundamentals it’s monthly and it’s ten minutes each podcast and it’s on the chronicle of philanthropy website and itunes have some more lingering live listener love that io, doylestown, pennsylvania. Bethpage, new york. Port. Charlotte, florida. And tokyo, japan live listener love to all of you. Our creative producer is claire meyerhoff. Gemma’s taylor is today’s line producer. The show’s social media is by deborah askanase of community organizer two point oh, and the remote producer of tony martignetti non-profit radio is john federico of the new rules i’m loving this new music. What do you think you could tell me on the facebook page? What you think of the new music? I hope you’ll be with us next friday, one to two p, m eastern. Talking alternative broadcasting at talking alternative dot com. Duitz e-giving didn’t think the shooting. Good ending. You’re listening to the talking alternate network, waiting to get you thinking. Cubine are you a female entrepreneur? Ready to break through? Join us at sixty body sassy sol, where women are empowered to ask one received what they truly want in love, life and business. Tune in thursday, said noon eastern time to learn tips and juicy secrets from inspiring women and men who, there to define their success, get inspired, stay motivated and defying your version of giant success with sexy body sake. Sold every thursday ad. Men in new york times on talking alternative dot com. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com. We look forward to serving you. You’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. This is tony martignetti athlete 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 friday’s 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 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 dot com. Hyre

154: Get The Best Out Of Your Board & Back To Board Basics II – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Allison Chernow is director of external affairs at Bronx Museum

Terry Billie is director of corporate and foundation relations at Goodwill Industries of NY & NJ

Holly Bellows is chief development officer for Helen Keller National Center

Gene Takagi, principal of the Nonprofit & Exempt Organizations Law Group

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

View Full Transcript
Transcript for 154_tony_martignetti_nonprofit_radio_20130809.mp3

Processed on: 2018-11-11T23:02:41.967Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2013…08…154_tony_martignetti_nonprofit_radio_20130809.mp3.458109449.json
Path to text: transcripts/2013/08/154_tony_martignetti_nonprofit_radio_20130809.txt

Hello and welcome to tony martignetti non-profit radio, where we’re talking about big non-profit ideas for the other ninety five percent. I’m your aptly named host. Oh, i hope you were with me last week. You would cause me to go into cardiogenic shock if i learned that you had missed fermentation sandorkraut cats is a fermenter. We talked about the history, benefits and methods of fermenting foods and volunteermatch making scott koegler, our technology contributor and the editor of non-profit technology news, shared ideas about tech that matches willing volunteers with seeking charities this week, all aboard. First, get the best out of your board our panel shares wisdom on identifying, recruiting, training, engaging and transitioning board members. I talked to allison char now, terry, billy and holly bellows at fund-raising day in june and back to board basics, do you, jane takagi are legal contributor returns to contribute to continue our discussion on soundboard practices? This time, we’ll talk about term limits, how often you’re bored should meet having automatic removal provisions and very young trustees that’s young in age, not in how they’re acting, and jean is principal of the non-profit exempt organizations law group between the guests on tony’s take to my beth cantor interview is on video, and i feel i let you down last week, and i’m going to explain that right now. We have the interview from fund-raising day this past june, where we’re talking about getting the best out of your board, and here is that welcome to tony martignetti non-profit radio coverage of fund-raising day two thousand thirteen where at the marriott marquis hotel in times square, midtown new york city and we’re talking now about board relations. My guests are it’s needed most closest closest to meet holly bellows, chief development officer of helen keller’s services for the blind. Next to her is terry billy, director of corporate and foundation relations for goodwill industries of new york and new jersey. And we also have allison for now director of external affairs for the bronx museum of the arts ladies welcome. Thank you. Thank you. It’s. A pleasure to have you. Your seminar topic is bored. Relations getting the best out of your trustees. No, let’s start far away. Allison, can we start with recruitment? What? What? What’s? Some advice around identifying and recruiting the right boardmember well for museum. We have a lot of opportunities for cultivation of perspective, trustees. We looked to people who come to many of our events. We sort of noticed repeat attendees way start plucking them out. We invite them to special private events. We find that people are very attracted to sort of exclusive private events, not generally open to the public. So we invite them to dinners or preview openings of exhibitions and that’s how we generate interests, and we see if they respond to that we just keep cultivating more and generally that’s, that’s way, tio sort of notice and pounce on perspective prospects. We also use other trustees to help us, and they bring along people whom they think would be a fit for the museum to two events as well. Okay, i mean, i sort of go down the line on different topics. Teri, you have anything you’d like to add about identifying the right people? Well, we’re different kind of agency were a social service ages. We don’t really have events or exhibitions or things like that that people would come to so instead we have to really go the traditional route, which is working with our trustees to see if they have friends or colleagues or others that might come be interested in working with our organization or we go toe on organizations such as bored source to do recruitment. Two or two funders, corporations, foundations that might be interested in supporting us in a different way through ford relations. Okay, so you’re relying more on your board because you don’t have those cultivation events. By the way, terry, i want to welcome you back to the show. Thank you. Chatted with you this time last year. How about you, holly? Like they have that goodwill industries is doing well differently. Well, we’re also human service organization. We serve the blind, and those were deaf blind. And so we have the same process as terry. We look for people who are already within the organization. People that know people that want to be committed for the long along home. Okay? And i apologize. I confused you with i’m sorry, terry. I’m here with goodwill industries and holly. Of course, you’re with falik falik color this’s blind. Thank you very much. Coach me on each individual word. Now i have it. Holly’s with helen keller services for the blind. Thank you, but no, thank you. Thank you for saving me. Okay, after we’ve way haven’t identified the right people way have to start. Teo, make conversation a lot more serious. Terry, how do we how do we go about that? Well, we work with a development committee. In fact, i had my development kitty meet committee meeting last night, which we met with five of our board members. And we talked about the different things that were doing to raise money. And we talked about developed direct mail cultivation events and funding alerts for possible corporate foundation connections, finding out what they’d like to do, how they like to help. And so that’s that’s, how we work with our board, we have a lot of other board members that in war policy driven, so they’re not so much into fund-raising so we have to use them as ambassadors they’re not so comfortable in. They get scared about fund-raising and what the expectations will be have to have to come out in the recruitment process. Right? Right. Would you say holly? This is critical. We need to be up front. How do you how do you do that? Helen keller. Well, right now i weigh had a board meeting on monday morning and a golf tournament afterwards. And so i i spoke with the board that i will be interviewing them over the next couple of months. Existing existing board, the existing board. Okay, and on that will be part of the question is, we also had a former board members come to the golf tournament to reinforce the other ties to the organization, and i will be interviewing them, too. And so is part of that process reaching out to not only what they’re interested interests are going forward, but, you know, looking for prospects and, you know, foundations as well as their personal connections for future board development. Imagine it’s it’s it’s important not to be trying to fit a square peg into a round hole. Different board members have different interests. Aptitudes abilities, right? They can all come to the board for different reasons. Maybe they had someone in their family that is blind or deaf blind. Or maybe it just seems like a really cool thing to do. They learned about helen keller in third grade here in new york state. And they want teo you. Know, be a part of it. So various everyone has various reasons why they want to be on the board, and we want to exploit those personalities and and credentials, right? That’s, right? Some people they may not be able to get give from their personal wealth or their corporate wealth, but they are connected to lots of people who may be able to give to us or a foundation. I interviewed someone earlier today who uses is actually sort of ah, trainer on linked in hey uses, linked in board, connect on trains, organizations to use linked in board, connect to any of you use that for identifying potential board members. Anybody? Yes, that’s one of the things that we are planning to grow our board in the coming fiscal year fiscal starts in july, so we will be using board, connect as one of the tools and dish in tow board source to reach out and look for a new board members. So you haven’t used board connect yet? No. Yeah. Okay. Okay. I do plan to use it, though, so you’re so holy. You’re aware. Also aboard. Connect. I’m aware of it, but i haven’t used it. I’m creating a separate committee. A cz i told you before the interview. I’m hyre helmsley. We have a grant from the helmsley found charitable foundation and one of their charges tow us is to create a aboard for one of our programs so that we can attract funders and people who are interested in serving the deaf blind. And so i’m going to be using it soon to look for people across the country that might want to become members of this committee. Alison to make this aa two way street. How does the organization identify what it has to offer board members in return for their for their service? Right? Well, when we interview a prospect way really try and find out what? What is it that draws them to the museum? What is their interest? And for us, we have, ah, large education component. We have the whole art collection component, so they’re different reasons why a trustee would join the board of the museum. So we try and suss out what that will be. And i find a commonality is that they want to learn more. They often want to learn more about art. So for those who do, we put them on the acquisitions committee, and that way they can meet artists, and they can learn all that are they come to gallery tours. We sort of feel what? What is it that attracts them? So for others, it’s education, and they want to be part of the whole education programs. So they join the education committee for the board waken segment, their interests, and sometimes they don’t even overlap with board members. But we can sort of put them where they’re most enthusiastic. Okay, talking alternative radio twenty four hours a day. Do you need a business plan that can guide your company’s growth? Seven and seven will help bring the changes you need. Wear small business consultants and we pay attention to the details. You may miss our culture and consultant services are guaranteed to lead toe. Right, groat. For your business, call us at nine. One seven eight three, three, four, eight, six zero foreign, no obligation. Free consultation checkout on the website of ww dot covenant seven dot com are you fed up with talking points? Rhetoric everywhere you turn left or right? Spin ideology no reality, in fact, its ideology over in tow. No more it’s time for action. Join me. Larry shot a neo-sage tuesday nights nine to eleven easter for isaac 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 wants a go 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 e every time i was a great place to visit for both entertainment and education. Listening. Tuesday nights nine to eleven. It will make you smarter. 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 and just while we’re still on this recruitment process, terry, how i said, terri and i looked at allison mary-jo terry, how do you explain the organization’s expectations? Is it in writing, or is it just a conversation? Thie expectations around all all the functions of a boardmember it’s through conversations way actually, in the past, our board has not really been a fund-raising board, and so we’re in the process of kind of transforming and educating our board as to their financial responsibility, even though that’s something that most people understand that that is one of the reasons why you become aboard is to support the organization, unfortunately, we have boardmember is that have not made a gif right? And so we need to have the conversation with them and to say that we need one hundred percent support, it doesn’t mean that you need to give us one hundred thousand dollars. You can give us five thousand dollars, you could give us three thousand dollars, you need to give us something so that’s one of our challenges with our organization, with a board that we are working through, even though we’re jumping way ahead in the boardmember life. Cycle that could be an indicator that it’s time for a boardmember step down exactly. In fact, we just started a new campaign to attract the millennials, the young twenties and thirty somethings to start, eh? Maybe a young, not so much a board, but a council we’re going to call the good the good counsel, and they’re going to be younger people that we want to get involved and engaged and so that they could eventually turn into board members. So we’re starting with the youth, starting with they’re all about cause marketing and the finding ways to make a difference by their volunteering, so we’re going to be working with them to do that, and then eventually, you know, have them start their own, like little special events and cultivation and awareness and marketing, and then eventually waken see floats to the top and hopefully get him on board. Okay, back-up another step, let’s say we’ve recruited the boardmember we need to keep that person active, engaged who wants to talk about keeping a boardmember active and engaged way have we’re fortunate that we have a vehicle for doing that, we can invite them to openings and too many events, but it’s really also about having them see the inner workings, lights, lights just dimmed here. Nothing wrong for those of you watching the video on youtube, there’s nothing wrong with your vision. The overhead lights all just went out here. Marriott marquis. But we’re continuing. We have our own lights powered battery so doesn’t doesn’t interrupt back on. Okay, no, don’t adjust your sets. Everything is fine. Okay? I’m sorry. Go ahead. So for example, that the trustees who are interested in education way let them come and see the classrooms that come to the museum to see the work in progress and to see the work that we do so it’s very important that they come in and see all the grassroots work that’s that’s happening. And the other thing is that we just try to make them feel special. I mean, we try to write letters that are personalized for them that nobody else could get, so that they would feel that, you know, they in fact do make a difference there. So, you know the gratitude combined with hands on and really seeing what what’s going on works to really keep them interested. Invested? In it good, great, it isn’t. One of the things that i have begun doing is whenever we get a grant or a large donation, even a small donation, but we are an organization that’s been around for one hundred twenty years or more, and so we have lots of get small gifts that we get and half for a long time, but i ask different board members to call the foundation or call the person and just a thank you they don’t ask for anything, but to in that way, they’re learning more about that organization, and they’re feeling connected and that’s been a real positive response that i’m getting. So as i said, we’ve been around for a long time, we have many donorsearch couldn’t call everyone they are picking up more and more that they can do. So. Holly, how about training training the new boardmember what does that look like for for helen keller way haven’t i haven’t started training yet since i’ve been since october, but what that will look like is for is creating a talking points and some role playing for those that haven’t gone out and ask for money, paring them with someone who has done it and feels comfortable with it, having conversations about their experience on other boards. It’s, interesting custom, many of our boardmember serve on other boards on, sometimes they’ve gone out and made asking some have not so it’s going to be a combination of things here teach person’s comfort level. At the very least, i tell boardmember sze in in the past that invite the person to join you, make your donation in first and then in fight uh, your prospect to join them if you just can’t really say, can you give x amount of dollars so that’s a nice, non threatening way to get started and asking for money. Allison, how about training the new boardmember bronx museum of the arts? What does that look like? Well, we have a retreat on annually and in terms of role playing, there was a facilitator who came and your role played about making an ask and talking about the priorities for the museum, so it was really a time it was a very concentrated long day dahna meeting the other board members really learning about the mission and learning how to move it forward howto ask. And how to do that. Nut’s involves metoo holly, it sounded almost like you have ah, maybe a mentor mentee relationship for board members is that? Is that is that overstating? No, it didn’t help that a senior boardmember mike, you that’s correct, my position is newly created position, and part of that is to help our board became come more of a fund-raising board many of our programs our government funded, so there wasn’t a need in the past to be a fund-raising board and many organizations like helen keller, are transitioning from having helly government funded programs to where they’re going to have to go out for private gifts, and they’ll get bored members more senior boardmember help with that, terry. Anyway, you want to add about training the new boardmember right that’s, exactly the same situation that good will in addition to having individual individuals support, we have also had in the past a lot of government funding, so asking board members to help with raising money is a somewhat new angle for them. So what we’ve been doing is bringing on a different new board members, for example, way just havin a new boardmember from j p morgan chase, who has been on other boards and has done fund-raising so he is kind of going to be a example or role model to the other board members to show show them how easy and painless it is, but we do have to identify tasks board members who just can’t do fund-raising or maybe maybe won’t? Well, maybe won’t takes little training, but they’re just they’re timid. They’re terrified of it. Terry, what do we identify other things that that boardmember could do around fund-raising right, right. Other than asking right it’s it’s getting them to come to different events or different cultivation events, too, talk, be an ambassador, so they’re not asking for money. They’re building awareness, they’re talking to their friends about what they do about what goodwill does and sharing the passion about what the organization’s all about and really building awareness, not so much asking for money. If they’re afraid of asking for money, they could be a representative and record. For those who are afraid, teo, ask or it’s just uncomfortable for them. We often say what we need you to do is identify potential trustees, advocate cultivate b passionate and then we come in that’s our job and the and the executive director’s stopped to come in and do the ask, so it takes the awkwardness and the onus away from them, and they feel that they can just freely invite a guest without the worry of having to do the actual ask, okay, how about may be hosting an event? They could perhaps open their home? Holly other tasks that again trying to identify things that people who will solicit can still be involved in around fund-raising well, i have someone on our board who is an attorney, and that person uses their personal skills to review documents that are very important to fund-raising such as st charitable registrations for things like that that are very important documents that keep my department moving and keep us legal and transparent, but that’s not at, you know, going out, asking for money, but it is very important to the movement of the organization. So, yes, there are other task that besides fund-raising the other part of my practice, besides plan e-giving is the charity registration i wrote. I wrote a new book on how to do-it-yourself you and i do the registrations for charities i don’t want to do. Them so very well acquainted with that enormous morass called charity registration. Terry, we’re gonna have something. Yeah, just the same thing is asking people to host a breakfast, maybe at the club, maybe at a restaurant they go to or at there. If they have a nice house or an apartment to host something again to invite their friends or people that we want to get more engaged, all they need to do is be the be the host they don’t need to ask. Okay? And we do that also especially we play in the bronx nostalgia. So we have people hosting private problem bronze talk to sow bronx artists from storytellers. We really emphasize the bronx and have these very small, intimate events at people’s homes, and those people who host often become interested because they posted they become vested. And then the whole positive spiral happens where they want to get more involved. It’s great. How about the i don’t know the recalcitrant boardmember who just either can’t do it? I won’t do it. Or that you could. But it’s just not too. Is that person need to be transitioned off the board? How do we how? Do we finesse that situation or they’re recalcitrant? Maybe about or maybe there their attendance is very poor. Maybe they are. Maybe they’re great fundraisers, but their attendance is back. You start to see these signs, how do we want to take the first shot that way? Especially the previous job i had at a small museum. It’s, very hard because in a small shop you get to develop relationships with your trustees and you realized, especially in the economic downturn in the past years, that life happens that trustees have goes divorces, they go through bad business times, and that may account for they’re not coming there, not being able to give. And i think in a small place where you built intimacy it’s really important to have some flexibility to give them, for example, if you know there’s a personal situation to give them a year or so, it is sorted out and have a little bit of leeway. On the other hand, you know, once you do that and it continues, i think then that’s, when the board president needs to talk to the boardmember find out what’s going on and have a really frank discussion about whether it’s working for both people often they’re relieved to be let off the hook. Okay, mary-jo you’re tense, that’s totally familiar with me. I mean, we in my past organisations and in this one you have sometimes people that you just know that they’re heading out because they haven’t shown up wave a big gold wheel or a rappel wheel in the four in the booth next to us. That’s what you’re hearing it’s not we’re not giving any other way, but with next to us is giving away t shirts, caps, mugs or ipad mini being in the drawing for a night. So that’s that’s what you’re hearing going so, you know, we just recently had one of our board members say that she needed to step down because life changes and different areas of interest abila different, different levels of interest in what we’re doing, we’re already priorities changed, and she said she would continue to support the organization, but she needed, you know, she just couldn’t make it to meetings, and we knew that because she hadn’t been to meetings in like, a whole year that starts to hurt ford morale generally, i mean other board. Members who are making the time fine, making time making effort start to get resentful everything right? Holly? Yes. Okay, anything you want to add more about thie transitioning off boardmember i just sort of playing what you’re doing in terms of building up a younger constituency in my past job and now in the bronx museum, trying to build a board a parallel board. It’s called the leadership council, which conserve as a farm team for future board members and also as a retirement place for trustees. Who can’t you know, the financial onus is too great as trusting, but there’s a lesser amount expected as from a leadership council member. So it’s nice to have a transition. You’re keeping them in the fold, keeping them interested. But they don’t have all the responsibilities and duties of a trusting. Do we each have term limits for boardmember ship? No, none of you have term limits. Really that’s interesting. And that’s, you know, that’s. A very double edged thing. Because in my former job we had founder syndrome. You know trustees who had been there a long time. Really? Basically. So i ran the board de facto it’s very tough. And it really made me understand why term limits would be good. On the other hand, when you have donors who give these were our biggest donors, it’s very tough to give up financial support that they provide so that’s one motivating reasons to have this other board where they could go as well. Anybody thinking about adding board limits, we would like normal social. Yeah, we would like to add term limits, that’s something that we need to have a discussion with the board president and make some changes so that we’re hoping that we can implement that, then they’re coming here, ok, way happening had that discussion on at this point way have long serving board members who and she said, contribute and are active, and i don’t want to say goodbye to them because they’re valuable to the organization and we love them. So ish, as she said it, zo double in. Okay, we have about a minute left or so anybody want one talk about anything that i didn’t ask you about, that you’re it’s on your mind because you’re doing your seven or in a couple of hours about the board relationship hyre final final final thoughts? No, nobody. Okay, well, we’ll leave it there. All right, thank you. Oh, my god. Thank you. Thank you all very much. Thank you. Say that. Remind listeners and viewers that holly bellows is chief development officer of helen keller services for the blind. And terry billy is director of corporate and foundation relations for goodwill industries of new york and new jersey. On up, of course. Alison looking for your name here? Alison? Sure. Now sorry. Director of external affairs in the bronx. Regime of the arts, ladies. Thank you very much. Thank you for sharing your experiences. Thank you for being with me. Tony martignetti non-profit radio coverage of fund-raising day two thousand thirteen i love that roulette wheel in the in the background they were giving away the big prize was an ipad mini so i heard that in a bunch of interviews always nice to have a little little pleasant background music for an interview. And my thanks, of course. Also to the organizer’s at fund-raising day i’ve got some live listener love moscow in the russian federation and in china, taiwan, guangzhou, wuhan and beijing. Ni hao i’ve been to beijing and of into wuhan, also, and seoul in south korea, on yo haserot in japan, hiroshima, metallica and tokyo. Lovett konnichi wa there’s. Plenty of domestic live listeners will get to them in a couple of minutes. Right now, we go to a break when we come back, tony’s, take two, and then gene takagi, continuing our are all aboard day with back to board basics, do keep listening. They didn’t didn’t dick, dick tooting, getting dink, dink, dink, dink, you’re listening to the talking alternate network e-giving. Dahna good. 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 way. Look forward to serving you. Hi, i’m ostomel role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m. We’re gonna have fun. Shine the light on all aspects of music and its limitless healing possibilities. We’re gonna invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com. You’re listening to the talking alternative network. Schnoll if you have big ideas but an average budget, tune into tony martignetti non-profit radio for ideas you can use. I do. I’m dr. Robert penna, author of the non-profit outcomes toolbox. And i’m dr tony martignetti and it is time for dr tony martignetti is take two. I just appointed myself phd since last week. They’re pretty easy to come by, so i figured, why go through the that the trouble? I’ll just name myself one my interview with beth cantor, which was on this show a couple of weeks ago. The video is now on my blogged you may recall, she is the author of the network to non-profit and measuring the network to non-profit we talked about riel online engagement and had a measure your success in your online efforts. That video is on my blogged at tony martignetti dot com, and i think i let you down. Last week i tried a new segment called out of the blue, and my intention was to bring things bring in people who have you are supporting non-profits but are doing work that’s not directly related to non-profits on dh sandora cats was the fermenter who are brought in, and he was terrific. He was delightful, but a zay was listening to him, and then i replayed it during the week, you know, i was kind of struck with why what? Is it why we listening? What does this have to do with non-profits it’s just not close enough to non-profits he supports non-profits um, but we didn’t talk much about that and that’s not really. Why you listen, is tto find out why people support non-profits i mean, at least not from one person’s perspective. S o we’re not goingto i’m not going to continue that out of the blue i what my intention was was to try to recognize that people who work in non-profits have lots of interests that have nothing to do with non-profits i read all the profiles of new twitter followers, and a lot of people comment on food that their food either to cook, ah, a lot of people coming on their kids, wine is a pretty popular one, different sports, so, you know, so that got me thinking people are multidemensional and maybe we should bring in some other dimensions besides non-profits and i thought a fermenter was a great place to start, but you have plenty of other podcasts, tens or hundreds of thousands of other podcast that you can go to to satisfy all those multidemensional interests that you have and i don’t think it’s right for me to try toe satisfy all those we have our niche here non-profits and picking the brains of experts to help people in non-profits that’s my mission here on this podcast, there’s plenty of other outlets for youto satisfy all those other interests that you have, so i think i let you down. We’re not going to continue out of the blue. We’re going tow. Focus more on on the core and that is tony’s take two for friday the today’s the ninth of august, the thirty second show of the year. I’m very happy to bring back jane takagi he’s, the principal of neo the non-profit and exempt organizations law group in san francisco he edits the very popular non-profit law blogged dot com and on twitter he is at gi tak gt a k welcome back, jean takagi. Hi, tony it’s. Great to be back. Thank you. I can tell you’re smiling i couldjust always telling you i could tell when you’re smiling. It’s ah it’s. Wonderful to have your energy even from san francisco. I feel it great. I’m conveying that over the phone. You absolutely are. Yes, we started this. Conversation back to board basics two weeks ago, july twenty six so you can go back and listen to that if you missed it, jean and i are going to pick up where we left off, and that was with term limits. Question of whether there should even be term limits. What’s your what’s what’s the advice around that gene. Well, first piece advice tony’s to check with your state laws because individual state laws may vary. My understanding is that under in most states, that there are no term limits, meaning that a boardmember could get reelected onto the board over and over and over again, without any restriction of the law, unless the organization’s by-laws say otherwise. So then it depends upon the individual board thinking about, well, what are the good things about keeping board members on potentially forever? Versace? What is the good thing about limiting how long any boardmember serves so we can get new people onto the board? Increased our diversity on pursue other things and other perspective. So that’s kind of the starting point, but i’m wondering, tony. What? What do you feel about board term limits if you’re serving on the board? I’m i’m pretty pro term limits. Um, in fact, i was just on a phone call this morning with someone who works at the gnu heimans center she’s an instructor there, and i mentioned that you and i are going to talk about this very subject and she said has to be bored limits has to be, yeah, i like them, i think that they they boardmember could be extended if it’s a two year term or three term, you can always extend in addition on additional term tua boardmember but after four or six or maybe even eight years, nine years, i think boardmember tze get a little stale and i’d like a fresh perspective and i think there’s other things that boardmember khun do we don’t kill them just because they leave the board, they don’t die there’s other things there’s other ways they can help that’s such a great point, tiny, and i agree with you a hundred percent, i’m there are exceptions, but i’m very much generally in the pro term limit kapin with without term limits, i think you can encourage very insular boards that get stale as you said, they could become rubber stamp. Boards just going with the flow, you may not be able to attract additional skills and perspectives of the same people are staying on the board, and you’re not bringing new people in boardmember khun get very entitled about their positions and start toe slack off a little bit, and it becomes very difficult to remove long term board members politically speaking into from a sense of relationships and when you have term limits, it really encourages bringing in those new perspectives and thoughts and skills. But the best thing you know is to make sure that when you bring in new people that you’re really engaging them and not just bringing them as tokens so that that becomes very important too. But i like your ideas of, you know, just reelecting, you know, the board members who are performing really well don’t re elect the board members that are performing poorly or unable to attend the majority of the meeting and see exactly how many terms you feel would be sufficient before you could bring in new people. The previous segment was all about keeping boardmember sze engaged from the beginning getting, you know, identifying what their passions are. So these these two segments are discussion, and the the pre recorded panel discussion are fitting together very well. Now i asked each of those three panelists if any of them had board term limits on in in their non-profits and none of them did, and one of them express the concern that their board members are major donors and they don’t want to, you know, the way she said it, they don’t want to say goodbye to them, but i do think there a said there are other things that board members khun do maybe there’s, an advisory board or something that’s, not a fiduciary capacity, legal, legal, legal duty capacity, but still meaningful and not frivolous. Yeah, i think is individuals tonny it’s natural that we like to get our egos stroked a little in there for a major donor to a non-profit to be asked to leave the board can be, uh, a difficult thing for both parties, but i agree again one hundred percent with you let’s find other rules for them. And advice report doesn’t seem to sound prestigious, but maybe emeritus board oh, it’s latin oh, that’s latin brings immediate prestige. Yeah, obviously. Okay. You know, we can we can play around with the titles of the committees and even the titles of the individual board members or former board members if we really value their contribution, we continued to engage them but have been take a term off the board and maybe if we’re not if the board is struggling to recruit and can’t find somebody, teo, take the place of the departing boardmember after term off, maybe that person can come back on again. So that may depend upon each organization but that’s, the that’s, the putin model of boardmember ship you depart and then you come on. All right, all right, well, if we’re going to implement terms, then we should talk about how long those terms should be. What, um, is there is probably not state law guidance on that kind of that. That kind of detail is there. There actually is. So there is among state laws. So some state laws, like in california, we say if you have voting members, the maximum length of a term is four years. If you don’t have voting members who elect the board, the maximum term length is six years and that’s that’s just for one one term, but doesn’t wait. I’m confused by that doesn’t every boardmember have a vote aren’t all board’s voting boards? Well, so in terms of voting members like in the auto club or a homeowner’s association where members who are not board members elect the board members? Oh, i see ok, yeah, so a lot of operations a lot, but many organizations have voting membership structures, which are much, much more administrative, burdensome and difficult to maintain, so i typically don’t recommend that for smaller public charity type organizations, but for other organizations that do have voting members, they’re subject to different, or they may be subject to different term length rules under state laws. So be careful of that there’s also a special on california that i think maybe in other states as well. That says ifyou’re by-laws and articles don’t define what a term length is it’s automatically set that one year, so many organizations get tripped up on that. They didn’t contemplate that in their by-laws and they let boardmember stay on until the board members feel like, you know they want to resign, and you’ve got to make sure that the elections are going on on a regular basis, just sort of on the side, the by-laws air are so important because our don’t state laws have lots of defaults for by-laws being silent on different issues, absolutely. Tony, you’re one hundred percent right? So if if you’re by-laws don’t contemplate something than the default will be, whatever the state could end up with a lot of things you didn’t even know you had, right? And now imagine if you’ve got a board that didn’t do proper elections and you’ve got one boardmember who voted the opposite way from everybody else and then says, well, it doesn’t matter that it was ten against one, this sport isn’t properly compose. I challenge the validity of that action that that one thing can trip up the whole board until they solve that issue. Okay, okay, so we just have, like, a minute and a half or so before a break different term, you know, i guess obviously the shorter the term, the fresher the board is going to be, but you’re going to lose, you know, institutional knowledge. Yeah. And so what is the expectation when you recruit a boardmember if you recruit a new boardmember and you say the term length is one year, they make oh, yeah, easy commitment, but they made me feel very good about serving that one year before they really got you know the organization and develop a director for that organization and then leave after one year feeling fulfilled. Meanwhile, the organization may not be very satisfied with just the one year term. Human three year are probably more common, but some lawyers actually liked the one year term because it allows boards to get rid of or shed. Directors are really not performing very well ever failing to attend meetings, failing to live up to their produce, very duties where it otherwise might be a little bit complicated. Relationship wise toe formally remove. All right, so you can get you could get rid of the trouble quickly on. You could just continue to reappoint them. And i guess if you had one year terms, you probably want they’re to be many possible successive terms allowed. Yeah. You might set your term limits that something like four or five in that case? Yeah. Okay. All right. We’re going to go away for a couple minutes, of course. Jean stays with me and hope that everybody else does, too. And we’ll get some live listener loving as soon as we come back. You’re listening to the talking alternative network. Oppcoll oppcoll 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 hunters. People be better business people. Oppcoll have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. Gotta live listener love all over the country mesa, arizona golden, colorado in daytona beach, florida live listener loved to you, newport, north carolina and brooklyn, new york live listener love podcast pleasantries gotta send those out, especially to germany, where there’s a big subset of podcast listeners and if you are a podcast listener and you want some podcast pleasantry sent directly to you, let me know who you are, you know there’s ah there’s, facebook, there’s, twitter, there’s a contact page on my block. Let me know where you’re listening from, and i will send you those podcast pleasantries. Always great for the for the live listeners as well. Jean, what if we had a hybrid? What if we what if we make the first term one year? I kind of like this one term one year term, and i’ve really thought about it until you mentioned and we started talking about this topic. What if you had a first term is one year and then successive terms are two years or maybe three years? Could you do that? Yeah, absolutely. Tony there’s there’s actually a lot of room in the by-laws if you decide if the board decides it wants to spend some time to create the right structures. You could do something like, like, one year for your first term. And if everybody gets along in this thing well, to do the second term of two or three years and that might be sort of communicated to prospective board members with the understanding that the first years kind of that test period. Although everybody has their fiduciary duties to live up to. But they hope that they’ll be continued service after after that term. All right, so it also doing my classes, tony? So we could have different classes of attorneys or different classes of directors? Sorry. Lawyers? Yes, yes, everybody. The whole world is attorneys. Everybody knows that the world revolves around the all of them. And then they’re just two or three people out there who are not lawyers. Yeah. Further embarrassed, not you. You’re welcome. So, yes, we could have different classes of directors out there in some classes of directors. Could have a two year term. Some might have a three year term. Some might be prone to term limits of two term limit. Some might be subjected to classes, but how? You gonna decide how you decide who’s in which class, when i have tears and and the senior the three year member is going to look down on the lonely one year members? How you going to make those distinctions? Yeah, really top i mean, this is these air possibilities that you, khun contemplate the sea if they would fit within your organization, but yeah, creating different respect levels for remembers, but absolutely be wrong. So i understand your caution there about forming classes and maybe classes is not the right word now, but still different to you, even tears. Or, you know, however you however you euthanize it. It’s still g. She got a three year term and i only get a one year term. Why is that? We often do that originally with brand new organizations to get staggered board. So if you have a two year term and you start the initial board members everybody in two years, everybody turns off at the same time. But by staggering it, having some served three years in some serve two years and sometimes that’s done just by lottery. Believe it or not, ok, that won’t can get half the board being elected each year, i guess if it’s random, then then i could see you’d overcome at least the personality or ego concerns. All right, but what? So what are your recommendations around term limits? What is gene takagi like? I generally like to the three year term limits, although i’m not opposed to what you just suggested about having a one year initial terms and then two or three year terms after i do think that it’s important to get that commitment from directors, that it’s not just going to be this one year where we’re expecting you to serve for one year and then you can jump off and serve on another board, i’d like to see a longer term commitment and deeper bond created between the organization and its director. Okay, now, when you’re talking to non-profit clients do do they ask you, what should we do on then? Do you deflect that back to them, or how does that how do you finish that? Yeah, it’s a good question, tony, you know, i can’t get to paternal about it and just tell people what the best practices, so we have to make sure that it fits what their individual facts and circumstances are not if they’re three, you know, founders of the organization that want to be on the board and are going to champion other people, the recruitment of other people, perhaps those three founders, they’re goingto have longer terms uh then then the subsequent boardmember is that get brought on, but it really depends because we don’t want to create that class hyre key system that you suggested before, so we’ll have to take a look at stuff like that. Very careful, okay, it xero only is individual and look, look at gene is not a paternalistic attorney, one of the few you said it, so i’m sure he’s not, um, let’s, let’s look att since we’re talking about being on a board and being removed from aboard, should there be automatic removal if you’re not not performing up to snuff? Well, removal for not performing up to snuff is going to require a board decision and that’s going to be governed by state laws well, and even if state law permit sports to remove poor performing directors, practically speaking it’s, so hard to do, especially if that boardmember is also a donorsearch otherwise, support organization in other ways what we like to see is an automatic removal provisions, but only for failing to attend board meetings. So for example, if there was, you know, the board meeting’s every two months, if you fail to attend three successive board meetings without an excuse that had been approved by the board, even either before or after the fact you are automatically removed without further board action, so the board doesn’t actually have to vote to remove you. You’ve just automatically been removed, and they called me allow that. Okay, of course, then you’d want to go a little further and define does attendance mean live attendance in in person? Or can it be attendance by phone? I think it’s the state laws permit by phone than and the by-laws permitted as well, and most state laws, i would say, would permit it by phone, then you’re fine. I would count that as attendance, but if you just failed to show up at all and then it’s something else and it may be whether you’re sick or you’re you’re on sabbatical or have a valid excuse that the board is willing to say where we’re going toe not apply this removal rules because of this exception, but then the board approves to save a person they don’t approve. They don’t vote to remove a person, which is much, much harder. Yes. Ok, i see. All right, just about a minute or so before we go. What about having young people on boards if it’s appropriate to your mission? But in certain states, including new york, they have provisions for having young people onboard. Youth onboarding i think in new york you have to be above sixteen years old, and only organizations that served used or deal with issues like education or juvenile delinquency are allowed to have such boardmember okay, other states there expressly not allowed, you must be eighteen in order to do it, but most states i think forty states are silent on the issue now, it’s great to engage in engagement is the key word again. You to participate with boards and maybe having them entitled toe participate in board meetings is a great idea latto have them on the board and giving them fiduciary duties can be a little bit more problematic if you’re going to do that and there may. Be some rare exceptions where i think that that’s okay, you want to make sure that they’re not tokens and that their contributions are valid and their vote is equal to anybody, anybody? Else’s, vote on that board, you’ve got to be very careful now you can probably be held liable for breaching their fiduciary duties, although that’s not very clear, and if it was really agreed, just perhaps they could, and they can’t sign contracts on behalf of the organization because they probably wouldn’t be enforceable. So be careful about having that emily chan, my former colleague wrote a great block post called youth boardmember khun miners serve on a non-profit board that that i recommend for any organization considering having having young people on their board. Jean, we have to stop there. Is that? Is that blood post at on your block? It non-profit latto block dot com it is, and it was also captured in a non-profit quarterly article as well. Okay, thank you very much, gene. Great, thanks. Durney pleasure you confined gene at that non-profit law blogged or at g tack on twitter next week a fund-raising day interview we’ll start and then maria semple is here she’s, our prospect research contributor and the prospect finder the overhead myth show his book i got the three ceos who signed the overhead myth letter are going to be with me on september sixth. That’s, the ceo of better business bureau wise giving alliance guidestar and charity navigator, and ken berger from charity navigator has been on the show before. I would love to have your questions for these three ceo’s these three signers of the overhead myth letter you know you can ask questions on twitter, through facebook or contact page on my blogged love to have your questions for these ceos, please insert sponsor message over nine thousand leaders, fundraisers and board members of small and midsize charities. Listen each week you can reach me on the block or on twitter or facebook if you want to talk about sponsoring the show, our creative producer was clear meyerhoff sam liebowitz is the line producer. The show’s social media is by deborah askanase of community organizer two point oh, and the remote producer of tony martignetti non-profit radio is john federico of the new rules. Oh, i hope you will be with me next week, friday. One to two eastern at talking alternative broadcasting at talking alternative dot com miree i didn’t think that shooting a good ending. You’re listening to the talking alternative network. Get in. E-giving cubine are you a female entrepreneur? Ready to break through? Join us at sexy body sassy sol, where women are empowered to ask one received what they truly want in love, life and business. Tune in thursday said. Known eastern time to learn timpson. Juicy secrets from inspiring women and men who, there to define their success, get inspired, stay motivated and defying your version of giant success with sexy body sake. Soul. Every thursday ad, men in new york times on talking alternative dot com. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you, 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. You’re listening to talking alt-right network at www. Dot talking alternative dot com, now broadcasting twenty four hours a day. 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 friday’s 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. Talking. Hyre

152: The Event Leadership Puzzle & Back To Board Basics – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Sheila Kelly, vice president of development at The Michael J. Fox Foundation for Parkinson’s Research

Pamela Mohr, executive director of FACES at NYU Langone Medical Center

Wendy Kleinman, president of WK Planning

Gene Takagi, principal of the Nonprofit & Exempt Organizations Law Group

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

View Full Transcript
Transcript for 152_tony_martignetti_nonprofit_radio_20130726.mp3

Processed on: 2018-11-11T23:00:58.423Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2013…07…152_tony_martignetti_nonprofit_radio_20130726.mp3.466633642.json
Path to text: transcripts/2013/07/152_tony_martignetti_nonprofit_radio_20130726.txt

Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent it’s july twenty sixth i’m your aptly named host. Oh, i hope that you were with me last week. I would suffer atrial fib relation if it came to my ken that you had missed maria cuomo cole on relationships miss cole, a philanthropist and board chair of help yusa, shared the professional value of all her relationships, including her mom and how they’ve helped her and help yusa succeed. We talked at the june meeting of executive women in non-profits part of new york society of association executives and tumbler tactics, amy sample ward, our social media contributor, co author of social change, anytime, everywhere and ceo of and ten, explained the value of tumbler, how to decide whether you should be in it and how to get started this week, the event leadership puzzle from the association of fund-raising professionals, new york city fund-raising day in june, our panel solved this puzzle for honorees, chairs, hosts and event committees, from goal setting and recruitment to motivation. And thanks, i was with sheila kelly, vice president of development at the michael j fox foundation pamela more executive director of faces at noon you langone medical center and wendy kleinman, president of wk planning also back to board basics jean takagi are legal contributors back this month. We’re talking about who belongs on your board and for how long should you ceo beyond the board? Is it okay if your ceo chairs? What about term limits? Jean is principal of the non-profit and exempt organizations law group between the guests on tony’s take two my block this week is women’s touching relationship stories my pleasure now to bring the event leadership puzzle to you from fund-raising day new york city last month here’s that interview welcome to tony martignetti non-profit radio coverage of fund-raising day two thousand thirteen, we’re at the marriott marquis hotel in times square in new york city, and our subject now is event leadership with me r sheila kelly, vice president of development for the michael j fox foundation for parkinson’s research on in the middle is pam moore, executive director of faces at noon you langone medical center, and wendy kleinman, president of wk planning limited ladies welcome it’s a pleasure, wendy let’s, start down the other end. There what what’s the trouble with that non-profits have of the challenges that they have around event leadership. Well, i think there are a lot of non-profits today, everybody is vying for the same dollars and everybody’s buying for the same audience everybody would like to have the same leaders at the helm, many of whom have been over asked, and i think it’s also it’s identifying, you know, the right match when you invite somebody to take on the leadership role it’s important that you identify what the organization’s needs are and you try to find the right person teo approach that matches and believes in your mission and who feels that they can help you raise the funds you need. Okay, pam, these thes leadership positions can take a lot of different titles, right? A lot of a lot of possibilities. What a quaint listeners with what, what the scope is that we’re talking about. It could be anything from being an honoree to an event where you’re expected to bring in a certain amount of revenue, either giving it or getting it. It could be whether you’re chairing an event, it could be whether you’re sitting on a benefit committee vice chairing an event there are so many different titles, so many different forms of event leadership, but the most important common theme is that everybody needs to know what their expectations are in advance, so they understand what their role is in your event. Okay, making expectations very clear and i guess also gold setting, i guess. Sheila, for the event itself. Yeah, it’s, it’s, tremendously important to be very clear from the outset what your goals are for the event, both from a revenue perspective and also just what you’re trying to achieve for the for the organization and making sure that the people that have a leadership role with that event no, what what they need to do to help achieve that goal on dh, that i think when you find the right people and they know that they are part of something that, you know, there’s there’s a distinct goal for they’re going to be more willing to sort of step up to the plate and take on what you’re asking them to d’oh okay, now we just have about twenty minutes together. So why don’t we start at least our focus and maybe we’ll end there. We’ll see with the committee. Get your volunteer committees. What? What? What kind of what committees are we looking to recruit? First, i think it’s very event specific. It depends on the kind of event that you’re hosting. So if you’re hosting a golf event, for example, your committee could be helping you plan the event. They could be helping you with all the details. But if it’s your gala and, you know, we have a large gala, really? We look to our committee’s simply for fund-raising and for forgetting new people to come to the event and to help us expand our network. So i think it’s it’s about being sort of clear about with the specific events what you’re looking for, people to d’oh. Okay. And how do you start the recruitment process? A tte michael j fox foundation for us for bone event volunteered for event volunteers. Now we really do look within our network. We have so many amazing supporters who care about our work. I think that that’s key. You want to make sure that the people who are are involved have a direct connection to to your mission and to what you’re what you’re trying to achieve and so looking within first before going outside makes a lot of sense because there are people right there who are going be willing and able to get involved, and so that’s that’s typically where we start and also people self select, you know you will have people within your network who will who will raise their hand and say, please let me know how i could be of help and it’s if that person is, is the right fit. You know you should take them up on that for sure, pam, what wanted your quaint listeners what’s the work of faces at the gnu lango in medical center? So faces stands for finding a cure for epilepsy and seizures. We are an organization within and why you and go on medical center that raises funds for research, education programs, advocacy for patients with epilepsy and their families. Okay, and where do you start your recruitment process for event volunteers? So i’ve lived two very separate lives, one working for a major health care non-profit and the other one now it faces, which has only been eight months what’s so amazing to me. About my job now is that i’m dealing with a grateful patient fund-raising so i work directly for dr orrin devinsky, who is the director of the comprehensive epilepsy centre at n yu, and we work directly with the people that we impact every day. So where i’m looking for events, volunteers or donors or chairs or honorees, they’re all people that have been impacted some way by the comprehensive epilepsy centre and a recipient of some service that we’ve provided so it’s building relationships with the existing folks that have been involved and seeing who they know that they want to get involved and then being introduced to new people. One of the things that were actually looking to do with our board is to create a board event. We really want to get the word out. People don’t know enough about epilepsy, seizures and how common it is, and one of the ways that we want to do that is not just our gala, because not everybody wants to come to a gallon, so we’re working with our board to develop an event where they invite some of the individuals that they network with so they can hear. About what’s been going on in the world of epilepsy right here. When did you have advice for smaller and maybe midsize shops that that may not have the internal constituency? Teo look to first for event volunteer leadership. Well, every organization has somebody who is in charge, and that person is out in the world all the time. So what we do is we try to encourage every mind, whether it’s, the board or it’s, a executive director or the director of development, or even if it’s a small committee made maybe two or three people that they should always remain cognisant of of a good candidate is just in their travels through life, you know, in the workplace or in their social life. Oh, you know, we mentioned earlier in the panel, you know, everyone goes to cocktail parties and many people have jobs full time jobs in addition to the non-profit work they volunteer for so on, and then, you know, you talk about what you do, and if somebody expresses an interest in wanting to learn more that’s someone who could be a potential candidate to get involved in your organization. So that’s one way of looking at the outside to bring people in, they don’t have the infrastructure to pull from, like, a donor of strong donor-centric urging those conversations and basically that’s essentially good branding to yes, people should all your people well outside fund-raising should always be talking well about the organization and and know what it’s needs are, i think, and those needs might be event leadership volunteering. Exactly. And i think it’s it’s learning how to talk about what the organization was also in a very friendly, approachable manner on dh to make it interesting because people want to know who you are, what you like to do and where you spend your time what’s our next step, then wendy, you’re the consultant on the panel what’s the next step, after we’ve identified some people who are potential leaders of the event, how do we start to approach? What should we be talking about with them? Well, i think you can you can meet on a one to one basis. Maybe initially, teo, explain all the different areas where the organization might need some health. It could be joining the committee. There might be a greater interest in the board, which has a bigger picture approach, or the gala committee, which might be specifically for one event. Uh, and everybody has their different strikes. Some people are better at selling table. Some people are better at bringing an auction items. Some people are better at selling journal. Latto. So i think, it’s it’s, having that discussion and trying to find someone’s comfort zone and really assess their capabilities, where their strengths are, ok? And i think it’s a mutual decision sometimes, and that makes a lot of sense for all volunteer positions. Really? Yeah, from the board. Teo teo. Someone who’s, doing something, not his time consuming but way, want to be engaging people where their interests are. Okay. Talking alternative radio twenty four hours a day. Do you need a business plan that can guide your company’s growth? Seven and seven will help bring the changes you need. Wear small business consultants and we pay attention to the details. You may miss our coaching and consultant services a guaranteed to lead toe. Right, groat. For your business, call us at nine. One seven eight three, three, four, eight, six zero foreign, no obligation free consultation. Check out our website of ww dot covenant seven dot com oppcoll are you fed up with talking points? Rhetoric everywhere you turn left or right? Spin ideology no reality, in fact, its ideology over in tow. No more it’s, time for the truth. 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 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 e every time i was a great place to visit for both entertainment and education. Listening. Tuesday nights nine to eleven. It will make you smarter. 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 yeah. Sheila. Pam, do you want to share how you approach people for for these kinds of positions? Anybody wanna with your first up? You know, for us, really? It’s it’s, the relationship building in stewardship is is sort of the most important piece, right? And i think to wendy’s point people have different strength. And so when you find someone within your network, or or someone who’s new to you realising what they want to be involved in, there might be someone who is very interested in events. There might be someone who’s just interested in helping to to find new donors. There’s, you know, there’s lots of different ways that you can engage with people in it. What we what we refer to it, the fox foundation is giving someone a seat at the table, you know, having them feel that they are, they might. They have separate work outside of what, what they do with the foundation. But they are an extension of what we do and making sure that they feel that they’re armed with the right tools in the right messaging so that they can speak to the work of the foundation as well. I think that’s hugely important you want you want all the people who are associated with your foundation and with your mission out there talking about the things that are important and it’s the job of of the internal people to make sure that they have all the right information, that they’re on the support that they need? Absolutely what do we do now? So we’ve recruited suppose there are some committee members who aren’t quite pulling their weight, sam, i imagine that gets frustrating to those who are how do we how do we deal with that situation? I’ve dealt with that situation many times, so i think the first thing that actually needs to happen is and we had talked about this earlier is roles and expectations. I think that when you’re working with an event committee, the most important thing that you can do from the beginning is give them the rolls and expectations, so they understand exactly what’s expected of them this way. There’s really no question about what they’re supposed to be doing and what the result is supposed to be. These committee members need to be treated as leaders because most of them are probably leaders in their industry, they need to understand that the event that they’re working on, you know, the funds raised for this event are directly impacting the mission of the organization, and they have tto take ownership, and they have to own the actual event and understand that what we’ve, you know, and we’ve talked about this earlier during our session, what tends to happen is that if you do have individuals that aren’t pulling their weight on the committee, but you have people that are many times those people will almost self select away from the committee because they understand and recognize that they’re not doing what needs to be done in order to get to make it happen. Ok, in order to reach that goal, all right? That’s helpful? What if they don’t start self elected? Sometimes it could be it could be a problem, obviously, i you know, i’m a shoot from the hip kind of person if there’s somebody who’s not pulling their weight and they’re bringing the rest the committee down, it would probably be an individual conversation with that volunteer and letting them know that, you know, this is really what we expect for. The level of what this event is, perhaps this isn’t the right police for that particular volunteer, maybe there’s another part of the organization a lower level event, some sort of program we understand that they’re completely passionate about the mission and the cause, and they want to continue to remain involved. But maybe this particular event isn’t the right match for them and let’s identify what might work and as long as you know you can find that place for them, they’ll be happy. They don’t want to be a part of something where they feel like they can’t give what the other people are giving that’s also kind of, you know, it’s, it’s, it’s not a comfortable place to be. I would think. Sheila, what about having the committee organize themselves in terms of who’s going to be a leader? Who’s going to take on? What do you prefer to see? The committees decide that among themselves or you appoint people once they’ve agreed to be part of a committee, appoint them to certain certain positions we typically help with a structure. This is it’s really more apparent in some of our smaller events that are led through? Our community fund-raising armed with team fox way. Find that people really do want teo want to know what what we need of them. And as we were talking about in the panel, people that do this for a living, we would probably we were all on a committee. We would self select ourselves, right? And we would be able to divide ourselves up. But that’s not everyone’s, core strength. And so i think guidance in this area is key. And if you if you have a group of individuals that are passionate and they want to help and they want to get involved, helping them with the structure is very important in terms of the overall success of the event. Okay? Anybody want to add tio having the committee cam or wendy having the committee decide among themselves and versus lending structure? I think that there are some individuals, you know, much like sheila had said there are some individuals that might know, you know, if we were on an event committee, we would probably know what we would be good at. Whether i would be really great it’s sponsorships and shell. It would be really great. A ticket. Sales or whatever that looks like and every so often you obviously want to honor the request of a committee member that says, i really want to work on this, you know, and what i usually do with the committee when i am dividing them subcommittees, i give them a interest for him and they’re going to fill it out, and they’re going to indicate what theywant, obviously, i don’t want to put somebody in a role where they’re selling something if their strength might be planning, but most of my committees that i have formed, we’ll have some sort of fund-raising, you know, commitment to it, but that level might very depending on each individual person, so i don’t necessarily let them make their, you know, they can select what they want, but in terms of the overall leadership structure and setting that up and dividing them up and letting them know and, you know, i’ve handled that as a development professional, okay? I’m sorry, wendy, was there something you want to add to that? Well, as consultants, we’re we’re a little bit more objective, and sometimes we can observe a committee in a different way because we’re not. Dealing with them every day like hammond, sheldon might be in the sense that their internal so, you know, we’re asked for opinion about almost everything when it comes to putting an event together, so that includes sometimes helping to identify who we feel or who we would recommend to be the chairs, for example, who shows the strength. Dahna and because sometimes the committee members themselves were just too close to one another that they can’t single each other out, so we’re standing a little bit apart, we could say, well, we think that she would be a great chair and then and that person would be a great co chair, and this person probably shouldn’t leave the auction the auction chair, for example, because they’ve been so influential ins and busy obtaining auction item, so sometimes the strength or more apparent to us and they are even to them, to the committee members themselves, so we just helped them identify that guy. What else can we say about these events leadership committees? I haven’t i haven’t asked you about more more advice around. Go ahead, i think one of the things that also came up in our most in the most recent panel that we just had is the importance of treating the committee as as a leadership group on treating them like a professional group of individuals who are there to help move the mission of the organization forward giving them, you know, in addition to setting the expectations that i mentioned before making sure that they have all the tools that they need in order to be the best that they can be, whether that’s making sure they have a budget, making sure they have a timeline, they need to understand what this event needs to gross. We need to understand the expenses behind the event, what it needs to net at the end of the day as well. They need to have those clear Job expectations 1 of the best examples that i had given is making sure that, you know, if let’s say you have a committee and they’re actually submitting a list and there soliciting individuals, making sure at the end of each week there’s a spreadsheet that’s organized by solicitor, so every single person on that committee understands what money’s come in, who is responsible for bringing it in how much and where they need to be to do this on a weekly basis. I’ll do it on a weekly basis during events season. Absolutely. So i think, it’s, just the same way that you would handle it like a business. You want to handle your event committee the same way they want to understand, they need to understand that you’re taking this seriously. This is serious. Without this money, the mission of your organization is not going to move forward, and i think if you treat it that way, they will treat it that way and it’s a mutually respectful and professional relationship. More more you want, i couldn’t agree more. I mean, transparency is imperative when you’re dealing with planning of events, and when you’re working with the committee, they need to know exactly what expense structure looks like what the revenue expectations are so that they can feel a part of it, you know, events event fund-raising is expensive. It’s it’s, one of the more expensive ways to raise a dollar and anyone that does it for living knows that. And so there’s always that balance of making sure that you’re keeping your costs down, that you’re doing that. You’re maximizing your investments, and again, many of these committees air filled with people who run their own businesses who have great perspective in this area and and using them to there, you know, to the best of their abilities is actually makes your event even better. It sounds like this kind of work for ah volunteer could be great cultivation to be, be enhanced, enhance the they’re their own giving, or maybe expand their volunteer rolls in the future. I mean, if there’s that kind of transparency and they see that it is run like a business, as you say, sounds great cultivation from or more activity, whatever, whatever, yeah, whatever form that takes, we’ve seen people move at at the fox foundation from someone who just gets involved at the team fox level who running, running a marathon and fund-raising from their peers to then joining, you know, our leadership council, which is sort of a junior board of directors, and you know that that level of engagement just continues, but it’s about making sure that you’re cultivating that relationship from the beginning in the right way, especially for people who want to who want to have a greater involvement with your foundation and i think it’s giving him that experience too, you know, it’s making sure that they’re having a positive experience. One of the best feelings that i have is when i’ve transitioned a committee that might not have been functioning as well in the fund-raising side and giving them these tools and providing, you know, changing the structure of a committee so that it functions the way we’ve been talking about and then having them get so excited about it. And then when they come to the event and they see this, you know, seamless, amazing galla golf cocktail party, whatever it looks like, they want to get more involved, and then they want to recruit other people to get more involved so it in turn by doing it this way, it might be a little bit more work on errand, but in the end, it’s going to increase our revenue and it’s also going to expand our relationships within the whole community. We have to leave it there, ladies. Thank you very much. Thanks for having us. Thank you. Pleasure. All three. Thank you. Sheila kelly ceded closest to me. Is vice president for? Development. Michael j, fox foundation for parkinson’s research pam mohr is executive director of faces finding a cure for epilepsy and seizures at the gnu langone medical center. And when d kleiman is president of wk planning limited again. Thanks very much, ladies. Thank you. Thank you for being with me. Tony martignetti non-profit radio coverage of fund-raising day two thousand thirteen. Thanks so much. And my thanks. Also to the organizers of fund-raising day twenty thirteen, sponsored by the association of fund-raising professionals. New york’s, greater new york city chapter. Gotta live listener love lots of new yorkers. Massapequa, new york, new york and brooklyn, new york. Welcome, live listener. Loved to you also new bern, north carolina. Gonna be there very soon, very soon. And washington, dc all up and down the east coast. Where’s there’s, nobody east of ah, nobody west of philadelphia and, well, we got santa. See joe argentina, that francesco or alejandra? And also ottawa, canada. Welcome live listener love to all of you will hit asia shortly. Right now we take a break for a couple minutes when we come back. Tony’s take two and then gene takagi with back to board basics. Hang in there. You didn’t think that shooting getting dink, dink, dink, dink. You’re listening to the talking, alternate network, waiting to get in. E-giving good. 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 way. Look forward to serving you. Hi, i’m lost him a role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m. We’re gonna have fun. Shine the light on all aspects of music and its limitless healing possibilities. We’re gonna invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com. You’re listening to the talking alternative network. Schnoll 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. Hi there, welcome back, i want to also send along with the live listener love podcast pleasantries, especially to germany, gooden dog have lots of german listeners to the podcast, from a site called podcast that d so good in dog to all end and podcast pleasantries toe all the german listeners. Time for tony’s take to my block this week is women’s touching relationship stories? Remember last week you heard my interview with maria cuomo coal, which was pre recorded at a meeting of executive women in non-profits after that, we opened the discussion of relationships to the group and lots of women shared very touching stories of people who have been important in their lives and help their careers. And i included just a couple of minutes of the group discussion in last week’s clip, but the whole discussion was about twenty minutes and it’s really very uplifting on dh very tender, and that video of the video of that interview is on my blogged at tony martignetti dot com and it’s, also on youtube, if you prefer to go there directly the channel israel tony martignetti cem very tender and touching stories from executive women running non-profits now and the audio is much better than it was in the clip that i played for you last week. And that is tony’s take two for friday twenty sixth of july thirtieth show of the year and show number one hundred fifty two. Jean takagi is with me. He’s, principal of neo the non-profit and exempt organizations law group in san francisco. He edits the popular non-profit law blogged dot com and he is at gi tak on twitter. Hello, jean takagi. Welcome back. I’m tony, thank you for having me, it’s. Always a pleasure. Thank you for joining us from the west coast. We’re talking about cem cem board basics this month on dh specifically, who should be on the board. And maybe for how long? Let’s. Start with the well, let’s start before we get into individual people. Do you see trouble or or challenges a lot of times around who belongs properly on a board? Well, i think a lot of organizations right now, tony, are struggling with recruitment, trying teo attain diversity. Getting a different skill sets on the board. Different representations of populations. Um, at the same time, it seems that the boards are very underutilized asset of many organizations in terms of the valley that they’re adding, or at least in terms of how the ceo or the executive director perceives the value add of the board of directors. And i think i’m going back to some of the board basics. Is a good place to start and explore some of these issues about not only what that board could be doing. But what, what aboard should be doing. You since you mentioned the ceo and their role with respect to the board, we polled listeners before the show and asked if your ceo is a boardmember and forty percent said yes, sixty percent said no. Should a ceo be a boardmember great question, so i think they’re different stages of evolution of organizations where whether the ceo belongs on the border not may change, and i’m going to sort of give you kind of the lawyers disclaimer about that i’m dunaj unconscionable thoughts on this, but there’s always going to be some exceptions tease general rules, and my general thought is tony, is that once an organization is matured, having the ceo or executive director on the board of directors can be troubling because of the potential conflicts of interests that are involved. And the big one is that the board is responsible for overseeing, evaluating the performance of and determining the salary and compensation of the ceo at the same time. If the ceo is on the board that is overseeing himself or herself, you can see the inherent conflict that’s involved. What couldn’t they? Couldn’t they recuse themselves from any discussions off of those issues? Yeah. Absolutely, and i think that’s commonly how organizations treated so if they’ve got their ceo on the board, whenever it comes around, too evaluating performance or determining compensation, the ceo recuses themselves from the board and the rest of the board makes that decision. However, that seems teo sort of discount the possibility that decisions on programs and finance and budget don’t also affect the ceo personally and the ceo very may very well have a personal interest in all of those aspects of an organization that are very important for boards latto oversee and make decisions on, and if the c e o by virtue of being on the board, i can control the board discussion and analysis of these issues, then it really creates a problem and allows the board to sort of get away from from mid duties of acting as the check and balance to the ceo. So is it not sufficient than let’s? Say we have a boardmember i’m sorry, we have a ceo who’s a boardmember um if they can contribute, but they don’t vote sounds like i mean, they still could they still control the discussion, but then they don’t have final decision. Making authority because they’re not a voting member of the board. It’s a great question the night, you know, i see lawyers actually struggling with this idea in many states and in california, we actually recently made a change or a proposal to a change in in the statutes about what is a director, and i think for most lawyers, the idea they want to get across to their clients to their non-profit clients is that there really is no such thing as a non voting boardmember and the reason for that is because boardmember have fiduciary duties, and they’re ultimately responsible for the management of their organizations. So while they khun delegate duties, toe officers and executives and ceo, they ultimately hold responsibility for what happens with the organization, and you can’t really ultimately hold responsibility is a boardmember if you can’t vote on the issues ah, yeah, so there really is no such thing as a non voting boardmember nonvoting director. What you may have, though, is a ceo or executive directors that is invited to attend in and participate in all of the board meeting’s except when the board meeting go into executive session and determining when the board should go into executive session without having the executive director there so that they can actually tied it by themselves on independent of the director, determine what is necessary to direct the organization and the future toe oversee the organization, how it’s doing in the present and in the past and do a little of what i’m going to quote somebody else’s term that they coined the lucy markets is a governance expert out of the uk, and she calls a stargazing about planning for the future and trying to determine how teo look into the future and make sure that the organization is ready to be able to respond to future challenges and take advantage of future opportunities a great role of the board that they probably don’t do enough for most boards don’t do enough of this when the ceo is they’re trying to ground everybody to the present, sometimes that future stargazing aspect is lost. So those are some of the reasons why maybe the ceo just recusing themselves at certain times isn’t isn’t the best idea. Well, that kind of cells short, visionary ceos, i mean, every ceo is not going to be wedded. To what’s happening this quarter in or this year and i think a ceo could be visionary and be looking fifteen, twenty years ahead doing that stargazing also, yeah, absolutely. I think we would hope that that when when, as a nonprofit organization boardmember myself, we would hope that when we hyre are ceos that we are looking for somebody that that has that inherent ability to be able to stargaze and be a visionary and a champion of that vision. On the other hand, i think we know, especially for smaller organizations, tony, and you’re probably well aware of this as well. Ceos are so burdened by the work of the day to day management of the organization that sometimes they just don’t have the opportunities, even if they have the skills t able to engage in that type of stargazing and board members may be in better position to bring their valley. So that added value that we talked about that board may not be giving enough of to an organization that’s, a really strong air in which they could do it and having the ceo lead, that would be great if that’s possible and then having the board, you know, sort of be the counterbalance and check, uh, to the ceo. Perfect, but if if the board is just relying on the c e o to champion all of the vision and determine what the vision is of the organization, he may not have the healthiest organization around let’s, go back to something you said a few minutes ago, jean the that you can’t really have a nonvoting boardmember because that that abila gates, the fiduciary responsibility of a boardmember was that i’m sorry was that was that california law or that’s a california proposal? What? Well, that’s california law and i think, while it may not be stated explicitly in other statutes, are depending upon what state your urine, i think that’s the general idea of most, if not all, of the states, that we’re not really supposed to have somebody who is a boardmember with the fiduciary duties of a boardmember, but otherwise unable to to vote on any of the issues do corporations for-profit corporations struggle with this? Also mean, my sense is that it’s routine for a president ceo to be a board member of a corporate board? Do you do you know? Do they struggle with this the same way? Non-profits are they absolutely do? Tony, this is a major topic of controversy and has actually been hitting twitter a lot in the for-profit circles as well among the governance experts and it’s close to a fifty fifty split about whether ceos they’re going to serve on the board of directors neither mainly mainly for larger public organizations. Oftentimes again, yeah, that the board is supposed to be the check and balance to the ceo and to bring the ceo onto the board might start to facilitate this rubber stamp board that just sort of agrees with a ceo and sort of puts all of their trust and relies on the ceo’s opinion just too far rather than acting is the check and balance, but it goes both ways because, you know, we haven’t really talked about the benefits of having the ceo on the board, and there there are some benefits, especially in the early stages of an organization. Do you have a visionary ceo? The only way that that ceo and possibly that’s, the founder of the organization to recruit the best members onto the board? Maybe if the ceo is on the board himself or herself because they’re the draw. They may be the draw to the organization, and without that person’s leadership, that organization may not be able to evolve to the next stage where, you know, i’m talking about where hopefully a cz the organization mature a little bit that you can get to a phase where their partners, the ceo on one side and the board of directors led by chair of the board on the other side, rather than blending the two together. But that may take a little bit of time to get to that stage, especially for small organizations, really depending upon the champion of the organization and its mission being the founders ceo and the boardmember all, at the same time, another advantage to having the ceo on the board sounds like would be that the other board members would be not so likely to get intruding into management day today. Issues. Yeah, but that’s that’s actually a good point. So sometimes, while directors ultimately have the authority tio and the obligation to ultimately manage the the organization that’s collectively, as the board of directors individually, board members have no inherent powers. At all. So that’s that’s something to really think about individually, director’s really don’t have powers unless they’ve been delegated to them as possibly officers of the organizations are agents for some specific tasks, but it’s a boardmember just by virtue of being a boardmember shouldn’t start directing employees of the organization and telling them what to dio even the executive director or ceo because it’s the board collectively that that overseas that that and not individual directors so i’m good, really good point let’s move to having a ceo chair, the board? What what’s concerns there. So all of the concerns of having the ceo being on the board of directors as a director are amplified when the ceo is also the chair of the board, and interesting enough, this was a recent article in the non-profit quarterly where and author just took the opposite position not now, fairly advocating it in all cases, but sort of making us aware that, well, sometimes a compensated ceo cancer because the chair of the board and it may be perfectly appropriate because what they want to do is completely aligned with what the board wants to do, which is advanced the organization’s mission is effectively and efficiently as possible, and if again the board doesn’t have a champion to do that other than this is the ceo, the ceo is almost resigned, teo being a member of the board and leading it forward so that part of the argument that that that author made but they’re the cons are again is that you can really encourage a rubber stamp board, you can lose the checks and balances that you’ve tried to design for the board, and ceos can, even without knowing that they’re doing so, make decisions that are based not necessarily in the organization’s best interests, but in the ceo, you know, ceos best interests as well, and not in terms of sometimes in terms of making more compensation for themselves or protecting their own job status, but sometimes it can be for more innocent reasons. Just the ceo thinks a certain way about a particular project and wants to protect that project ahead of others, perhaps, or looks to the present more than to the future of the organization and again in wanting to protect everybody, all the employees from from facing layoffs or anything like that doesn’t want to make that difficult decisions that might improve the effectiveness and efficiency of the organization in future, and really holds to the status quo, because there’s so many personal interests that are involved as well that the ceo maybe, like, here she is safeguarding too. So that’s where the board you know, it’s kind of this objective party from the outside looking in, khun really provide this different perspective for an organization. If you have the ceo of the chair of the board, designing the agenda of the board, being responsible for the education of the board and orientation of the board and preparation of all the board members before every board meeting, everything can get planted in a certain way to sort of direct everybody else to just approve. But the ceo is recommending and that that’s the danger of having a ceo is the chair, the listener pole. If if your ceo is a boardmember does he or she chaired the board, only thirteen percent said yes, and the other eighty seven percent said no that they don’t have that. We have just about a minute before we go away for a couple of minutes um, you’ve seen cases where the there’s, a volunteer chair of the board, and they’re identified as ceo of the organization. Yeah, and and that’s that’s kind of an interesting fact pattern that that oftentimes takes place even if the by-laws don’t say anything. So if you’ve got an executive director hired but your state law says that either the president or the chair, the board is the ceo, unless the by-laws state otherwise, even though you haven’t executive director, the chair of your board, maybe the ceo just by default of the law because you’re by-laws don’t say anything else, and that may not be a great place for a volunteer chair of the board tow want to be in should anything ever go to court and that person be held responsible as the ceo of the organization for understanding and knowing what the organization is doing on a day to day basis? And aside from the legal aspect of it, i think that would diminish the authority of the paid executive director. Absolutely. Here you’re absolutely right, and i wantto point to something that was on the april twenty sixth, two thousand thirteen show the guest was eugene fram, and he and i talked a lot about the title ceo versus executive director and how that and how executive director tends to diminish the authority of what, what he recommends. B b the ceo. We have to go away for a couple of minutes. When we come back. Jean, i’ll keep talking about board a six. Hang in there, stay with us. Dafs you’re listening to the talking alternative network. Schnoll 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. Have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. God, that’s. More live listener love. Ah! Houston, texas. Yakima, washington. Rocklin, california. Outside sacramento. San francisco, california. And a masked us avenger listener. Tokyo, japan durney chua and we know that it’s francisco imbriano zara is francisco welcome. Lots of masked listeners in japan. Also bunch of mass listeners in japan, seoul, korea and goose on korea on your haserot and chung ching, guangzhou and shanghai, china. Ni hao, so happy to have all the live listeners. Love i love sending live listener love it’s, more like my live listener love, then love going out to you because i love doing it. Jean let’s see that’s ah, let’s continue with the possibility of having other paid employees or even contractors on the board. Seems to me this is getting messier the further we go, yeah, it can get messy hair as we go along and, you know, here in california, we actually have ah, state law that says for non-profit what we call public benefit corporations. So those air, the charitable organizations that are not not religious and focus, um, on lee up to forty nine percent of the board may be compensated or related to someone compensated and that’s, whether as an employee or an independent contractor, so a majority of the board essentially must be interested or not compensated or related to anybody confident no, jean, that still seems too high to me. Forty nine percent, i think, should be, like, ten percent. You know, most states actually don’t have that law at all in the vast majority of states don’t have that. So i agree with you that it would be great to have a small minority of the board compensated so the board can be can be the real checking balance in terms of making decisions that are not beneficial primarily for the employees directors, but primarily for the mission of the organization in most states don’t have those laws. And i think part of that is to accommodate some smaller boards where they may only be three or four board members to start out with. And you do have the founder, who’s compensated on the board and, you know, so e-giving ten percent, which would be very tough. Well, all right, well, then, say one out of force, you know, based on the size of the board. But but it seems risky tohave employees or even do you see this case where it’s it’s other employees or even vendors to the organization on the board? Yeah, way, absolutely, tio i don’t know, i don’t know, maybe i’m it just sounds crazy to me to have especially vendors on the well, no, actually, they’re equally bad to me vendors and and other paid employees aside from the ceo, i just don’t think they should be on the board at all. Yeah, you know, i for the most part again, generally, i would say i would agree with you, you really lose out on all the checks and balances that we talked about, even maur if you’ve got not only the ceo on the board but other employees or contractors as well, and then what about the situation, tony, if the ceo is not on the board but one of the vendors is on the board now, that creates, like this unusual situation where the ceo is really responsible for making sure that bender’s is performing under whatever contract that they have. But the vendors sits on the board that oversees the ceo and can affect the performance or even the retention of the ceo and that that’s kind of crazy, isn’t it? Yes, that’s, i can’t. I can’t see a case where a vendor or contractor to an organisation belongs on the board. I don’t care, even if they’re volunteering their time and the value of their services, or whatever, they, whether they’re volunteering or being paid, they just don’t belong and an employee’s equally bad. You know, some employees are on the board, but not other employees. I mean, what does that do to the peer-to-peer relationships, working relationships in the office? Yeah, they can’t create problems, but let me take the other side for just a moment. That lawyers love to do this right, then so let’s take the other side and say, well, what about a vendor who has been a great vendor paid vendor to the organization that’s been giving discounted rates to the organization all along knows the organization really well on dh if you continue to use that vendor, you just get far better value than you would by using any of her his competitors out there. And now you feel like the vendors so aligned with the mission of the organization, you actually value the perspective that this person could bring to the board and no one invite them onto the board. But you don’t necessarily want to take away this advantageous business kind of action that you have with this vendor, and you may be paying double if you go out and bring them on the board, but not continue to use their services. That may be a case where i say that’s, ok, you’ve to be very careful about this, but that may be okay to bring that vendor onto the onto the organization and in, you know, in a slightly different matter. What if you’ve got a board member? Who’s not a vendor right now, but he says, hey, i can leave my, you know, that’s, an extra business space, and we’re looking to expand i can offer you a lease that, you know, just half the price that you’ll find anywhere else, and you go ahead and have the all the independent board members of that that statement to make sure that what actually is much lower than when what fair market value would be for that space, and that may be another case where it’s okay, the boardmember eventually becomes the landlord of the organization, but that may be okay as well, but you do need the check and balance of independent board members to prove those type of transaction. So you’re not just relying on somebody saying that, yeah, we’re way cheaper than everybody else, you’re actually verifying that with the independent boardmember okay, well, i’m not willing to go that far with you. I think the the vendors perspective can be brought in by the by the ceo so that i think the perspective could be represented. And, you know, if the person loves the organization so much the way you’re describing it, i don’t think they would double the price just because, you know, way didn’t put them on the board. All right, i don’t need to do neither do i, tony, but, you know, it’s interesting board source, i believe, are no urban institute did a study of non-profits that have they’re they’re contractors on the board, and forty five percent said it would be difficult to terminate that relationship that contracting relationship and but only seventeen percent, haywood said it would be very difficult terminate that contract relationship and still keep that member on the board. So it’s an interesting thing, i think generally i agree with you, we don’t like the idea of having them on the board because of the conflicts of interest, but i can understand situations sometimes went when it might be appropriate. You’re more understanding than i am. Jean wait, we have to leave it there to be continued let’s do aboard basics again because we didn’t get to term limits. And then there’s also the question of, you know how often should the board meet? And i’ll bet you have some other topics. So let’s do board six again next time. Okay, that sounds good. I look forward to it. Excellent, i do to thank you, jean takagi, yet it’s the non-profit law blogged dot com and on twitter he’s at g tak thank you again, jean next week, a new feature out of the blue we’re going to bring people in that have offed be jobs and a connection to non-profits of course we’re going to start this with sand or cats he’s a fermenter, and actually he called himself sandorkraut and we’re going to talk about the history, benefits and methods of fermenting foods and he’s got a simple sauerkraut recipe and in a future out of the blue, we’re going to go from sandorkraut to santa claus, we’re going to bring in santa claus and mrs claus, they’re going to be in the studio in october, kicking off their busy season next week. Also, scott koegler returns he’s, our technology contributor and the editor of non-profit technology news he’s also in ina file, so that means fermentation is bad for scott koegler you want to follow me on twitter, i’m at tony martignetti our creative producer is claire meyerhoff. Sam liebowitz is our line producer, the remote producer of tony martignetti non-profit radio is john federico of the new rules, and we’re saying goodbye to regina walton of organic social media. We’ve had a terrific three year run with regina she’s, been with me from the beginning of the show, and you’re listening because regina promoted the show and you saw her good work, and that brought you to us. Thank you very much for gina it’s. Been a pleasure. I hope you’ll be with me next week. Friday, one to two p, m eastern, a tucking alternative broadcasting at talking alternative dot com. E-giving intending to be a good ending? You’re listening to the talking alternate network. Get in. Cubine are you a female entrepreneur? Ready to break through? Join us at sixty body sassy soul, where women are empowered to ask one received what they truly want in love, life and business. Tune in thursday, said noon eastern time to learn tips and juicy secrets from inspiring women and men who, there to define their success, get inspired, stay motivated and to find your version of giant success with sexy body sake. Sold every thursday ad. Men in new york times on talking alternative dot com. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com way. Look forward to serving you. You’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. 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. Talking. Hyre

148: Intuitive Brainstorming & The Pallotta Pall? II – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Karen Garvey, author, speaker, intuitive and coach

Gene Takagi, principal of the Nonprofit & Exempt Organizations Law Group

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

View Full Transcript
Transcript for 148_tony_martignetti_nonprofit_radio_20130628.mp3

Processed on: 2018-11-11T23:01:16.526Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2013…06…148_tony_martignetti_nonprofit_radio_20130628.mp3.982965119.json
Path to text: transcripts/2013/06/148_tony_martignetti_nonprofit_radio_20130628.txt

Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent i’m your aptly named host. Isn’t it comforting to hear all that you know, you’re in the right place. It’s friday, june twenty eighth twenty thirteen so pleased to be back in the studio even though it was your last week, too. I just love being here so muchmore than pre recording oh, i hope you’re with me. Last week it was get out and positively communicate. Sharon abbott is the author of mixing it up the entrepreneurs new testament we talked about networking your non-profit recruiting and hiring motivated people and positive communications. Sharon read my face to tell what kind of communicator i am and sec secrets. Maria simple is the author of panning for gold. Finding your best donorsearch prospects now and our monthly prospect research contributor she struck research gold in sec corporate filings. I hope you’re with me last week, i’d endure a cubine it’s ulcer if i heard that you had missed last week’s show this week intuitive brainstorming karen garvey, author speaker, intuitive and coach describes the why and how of intuitive brainstorming it’s not your mother’s brain storming and the ppa latto paul part do have you seen dan pallotti’s? Viral video from ted it’s called the way we think about charity is dead wrong. Our legal contributor jean takagi. Principle of the non-profit and exempt organizations law group continues our discussion from may tenth on how we got here and what would need to change. And should it change to achieve dan, pull out his vision of a more free market charity sector. Also the overhead myth letter between the guests on tony’s take two. It is my block this week, which is are you having fun? I’m talking about mermaid parade type fund. My pleasure. Now to welcome karen garvey. On september eleventh, two thousand one, she received simultaneous information about what was happening. That was her first experience. Learning something not through earthly means. Over time, she discovered how to intentionally tune into this connection through this conduit to universal knowledge, she provides insights for coaching seminars, media and books. You’ll find karen at the answer’s unlimited dot com. Karen garvey, welcome. Well, thank you for having me, tony it’s. A pleasure. Thanks for joining me in the studio. Um, september eleventh. What? What was happening for you then? I have an mba, and i was working as an independent business consultant at that time. So i was working out of my home and what i would typically do wood was go out for iran a few mornings a week before i began the day. And when i returned from my run about five to nine that morning i was standing in my driveway, punching the key code in to get the garage door to go up. And as i was standing there, i received information about what was happening, a visual, a sense of it, almost like a download of knowledge about what was happening. And since i live about an hour from manhattan, it was impossible for me to have any physical clues about what was going on. I put it out of my mind. I thought it was just a awful thing to have appear in my brain, if you will. But within under a minute, i had the phone ringing, somebody telling me to put the television on. When i put the tv on, it was at the moment where the broadcasters were making suppositions about what had happened to the first tower, and they were saying that a small plane and gotten off its course. But i was able to immediately connect that what i had experienced in the driveway was that i understood and comprehended what was going on even without my knowledge or being there. So i guess the big moment for me was that, you know, coming from a more intellectual background and only really caring about things that were academic and scientifically proven. It was my first experience knowing that our conscious energy is not connected to our body. While you were punching in the key code, you knew that this was happening in new york city. Yes. And you knew that it was more than just a small plane off course over jimmy. Yes. I knew it was the beginning. I knew it was intended. I knew it was planned. You know, i knew that it was oven attack nature s so yes, i got that information with sort of like a visual as well. Do you know where edward snowden is going to go for asylum? And you tell us what country he’s headed to? Wow, if i could do that. I probably wouldn’t be sitting on the air with you telling me you wouldn’t think that this is a place to reveal this is no, nobody listens to this show. Only nine thousand. But this is the place to reveal where but okay, but what do you mean you’re your bio says universal knowledge. What does that mean? What? What have come, teo, understand? And, you know, after nine eleven, it took me a while to find any language for what had happened. And then it took a lot more occurrences of receiving simultaneous information of things that were happening before i could comprehend the experience. S o i’m pretty much self taught learning how to remove my conscious thoughts from what i’ve learned from my learned experiences. You call it getting out of your body or getting out of your way whatever you wanna call it. But i learned that i can connect with non physical sources for information, and any information i get from that source is far more comforting. Liberating. It resonates with me more far more than the things that i have learned on earth from people s o what i find is it’s, is it? Some kind of a miracle or gift? I don’t really think so. I think we’re all very intuitive. It was just a confluence of events that day, you know, the magnificence of the amount of conscious energy that was being shared that day, plus the fact that i had just been for iran, so my mind was quiet and also my family and i had some personal connections to that date, so it was also intimate, so and i don’t know if that confluence hadn’t happened if i would’ve opened up on that day, but all it did was help me to find this extension of life that taps into universal knowledge, and i think that we all do it in one way or another. We just might not have a description for it or know howto how to capture that knowledge. Yeah, i mean, i certainly feel intuitions strongly, i think when i’m leaving my apartment that maybe that i’ve forgotten something. Yes, and sometimes unwisely, i dismissed him ends, and i don’t even think, oh, no, i’m not i’m not forgetting anything. I just dismissed them, and then i get on the subway. I realized i forgot to bring my my apple elected an apple each time on the subway and got my subway apple or, you know, i did forget my workout clothes or something, but there then there are times when i will pay attention to it, and i’ll stop and i’ll think, what am i missing? Yes and something. Ah lot of times not not every time, though, but a lot of times something does occur to me, and i could go back and get it before i leave my apartment. I mean, that’s, that’s, intuition. But but how do we how do we connect to that? The sort of on demand, which is what you’re what you’re describing, i mean, and you’re working coaching and workshops, you know that i can’t i’m not saying i can conjure it up. Yes, yeah, and maybe conscious, not ivory. I don’t mean that in the demeaning i understand. Exactly understand? Well, you know the what it is, it’s kind of like finding the place that your brain goes, if you will it’s almost as though i could feel shift in my brain when i’m open to that conduit. So it’s practice, practice practice i like to think about it, like, did you ever see those images? Those aren’t images that it looks like just a bunch of small dots or pixels. And when you step back and you look at it and use you, bend your eyes, it turns into a three day when you’re seeking it and seeking it and seeking it it’s flat and two day. But the day you see the three day you can practice to keep finding it and it becomes easier it’s the same way with this connection. When i practiced, i can see the three day without effort anymore because it’s so practiced, i practiced the muscle in there for me now nufer let’s translate this to something that small and midsize non-profits i think, can benefit trump. Why? I invited you to talk about intuitive brainstorming. What? What is this? Generally? Okay, what it is it’s it’s. First of all, it’s about suspending doubt that we are creatures that are finite and that we’re separate. First, you have to understand that we are connected and that there is this universe with infinite wisdom that’s trying to guide us in the direction of our focus. So what we do when i go into organizations as we begin by setting a goal, and that goal will be to overcome whatever challenge or limit the organization is experiencing. The moment whether it’s, you know, staffing issues or trying to find new creative ways to raise revenue or a new marketing idea. But whatever it is, we set a goal, and we have what it would be typical brainstorming rules. Ah, that we apply for the process. And those rules include that we’ll get to those. Okay. More, general. Yeah. Yeah, no problem. And so we just set the course of working toward our goal. In a way where there’s no interruption. We have an hour to think about it, and we start to put our energy and our focus toward that direction. And however many people department heads, or if it’s a very small organization, everyone whoever’s in that room is somehow connected to the end goal and feels as though it’s possible to get to that end goal. Can we apply this where we have maybe difficult relationship with some some fellow employees? Or maybe, ah, relationship with board members or other volunteers? Can it work with personal relationships? Also it definitely can and that’s. One of the wonderful things about it. Is that just the process of knowing that there’s no judgment or criticism or bad ideas during that one hour, it allows people to open up the possibility that they might not have thought of otherwise. It gets, you know, it gets the thinking part of you out of the way. So the more creative ideas, things that come more from intuition and from love and from heart and soul, can come forth, and those usually are the better solutions. In the end, we’re gonna take a break, and when we come back, we’ll start. I just want to probe a little more the way the universe is guiding us, but then we’ll get into some details about intuitive brainstorming. So after the break, karen garvey, of course, stays with me, and i hope that you do, too. Talking alternative radio twenty four hours a day. Do you need a business plan that can guide your company’s growth? Seven and seven will help bring the changes you need. Wear small business consultants and we pay attention to the details. You may miss our coaching and consultant services are guaranteed to lead toe right growth for your business, call us at nine. One seven eight three, three, four, eight, six. Zero foreign, no obligation. Free consultation. Check out our website of ww dot covenant seven dot com. Are you fed up with talking points? Rhetoric everywhere you turn left or right? Spin ideology no reality. In fact, its ideology over in tow. No more it’s time for action. Join me, larry. Shock a neo-sage tuesday nights nine to eleven easter for the isaac 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, larry 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. 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. Time to send some live listener love let’s start abroad today. Beijing chung ching and shanghai, china welcome live listener love ni hao seoul, south korea always lovely always always glad to see south korea checking in on your haserot and in japan, tokyo is only one person in tokyo or multiple. Sometimes there are multiple multiple people in tokyo. We don’t know exactly where you are, but do you know each other? I’m are you all in a coffee shop together for for our listeners in japan. Konnichi wa ann arbor, michigan. Newport, north carolina. Malvin p a thank you for checking in live listener love to each of you and there’s more coming talking with karen garvey, author speaker, intuitive coach we’re talking about intuitive brain storming let’s say a little more wood. Well, actually not not. Let us let you can. I don’t understand it about how the universe is is guiding us. I the way i see things now is that we we either live awake or asleep when we’re asleep. We really think that this is a solo flight. Maybe you can have. Tea members or friends or people that support you, but you think pretty much that this is your journey, your legs, your brain, and you got to do it on your own. But as soon as you start to awaken, as soon as you start to understand that there’s, this infinite power that we are connected to that is eternal that’s with us before we’re born and will be with us during this journey and also be with us after we you know, after we pass on, then you start to be able to find ways that you witness this interaction, what i usually do with clients, even an intuitive brainstorming as i start to ask them to become aware of it if you’re not aware of it by asking a question of the universe every day and expect that you’ll get an answer, because this will train you to start to witness the signs in the way that the universe is connecting with you or communicating with you. So, you know, in the beginning, keep it light hearted and playful because you don’t want to have your first question be life or death. It’s, it’s a little bit harder. To discover the answer that way, if you’re very very invested in the outcome, or if you haven’t expected desire of how it will turn out. But if you start with something playful, you’ll start to see that the answer can pop up in an e mail or by someone’s conversation online. Behind you in the store, it can come through maybe not new york city so much, but where i live, it comes on vanity plates on license plates. Quite often, it can come on a sign on a building or a passage in a book, but you allow yourself to be able to accept the answer so that you’re you’re strengthening your ability to understand how we are connected and how we are guided, you know, and often times you’ll see two or three responses to the same question. So it’s about practicing it’s about seeing something differently. Also another way to strengthen this is to take stock of how you are intuitive and there’s a lot of ways, we are intuitive that many people aren’t taking taking ownership of like what you were saying earlier about that gut feeling, i left something in the apartment, but there are other things, too, like thinking about somebody that you haven’t seen in a while, and then they contact you. Ah, another thing would be just to have a sense of turning in a different direction and finding that when you made that turn opposite of what your logic would say, that there was a good reason to do it or not taking that turn and finding out that you should have listened to that feeling. Another thing is, we we oftentimes can get messages or visits from past loved ones in our dreams, and they feel very different than dreams. They don’t feel like they’re imaginative play. It feels like you’re visiting with this soul and that’s, another avenue toward understanding intuition. I have, ah, very dear friend who says there are no coincidences. Do you agree with that? I just phrase it differently. I just say that a coincidence is a purposeful intersecting of events. So, yes, there are coincidences and they have purpose, but you define them as having purpose, yes. Interesting. So, yeah, i mean, i i had something like that just this past week. I was thinking about someone contacting them, and then i got an email from them that’s it, uh but you okay? So you’re suggesting starting with a question a day now, i was thinking something like, you know, where should i have lunch today? But you don’t want to. You don’t want to be that trivial in the beginning. It’s kind of nice to make it that trivial because it’s easier to find the signs when you’re not that emotionally encumbered by the answer so you can find things that are just lighthearted. So if you’re thinking, you know, if you’re thinking of going to the smoothie place versus going to the chinese place, it’s not that difficult to find a sign, you know, you might walk out of here and trip over a pineapple, and that might indicate you should go to the smoothie place. Well, but chinese, they have sweet’n sour point way. You’re gonna wait for your second land. Okay? Right now. All right. So starting with something simple like that is okay. It’s actually easier. Much easier. Preferred. Okay, so, let’s. Go back to the intuitive brainstorming. You will lose to some of the rules. And i didn’t want to get too specific at that point. But what what are, uh, what does? Well, the second step back. How do we get started? Who? Who should we invite into our brainstorming process? You said you mentioned doing an hour session. Yeah. Who should we invite to this? It really depends on what the goal is. So any player that has some kind of responsibility or some kind of task that’s oriented toward getting to that goal should participate. So that everybody’s, aware and everyone’s energy thought energy and feelings and beliefs are all vested into the process on dh it’s about setting forth. I like one hour. Because for the average person, it takes us about twenty minutes to set ourselves aside and get out of the thinking part. We we really do critique everything and oftentimes criticize everything. So the judgment part of us, when we start to get into a more playful, imagine imaginative and creative arena, it will start. Teo, allow us to dismiss judgment and being free of judgment is a very, very important application here, so that’s part of the reason for blame being playful. I usually encourage the teammates too. I kind of have a little bit of a contest that the more outrageous the suggestion, the better, because here’s, the way i look at that, if you are going teo, aim for one particular star that’s between us on the moon and you’re only aiming for that star, you know, we might not make it, but if you aim for the moon there’s a better likelihood to get to that particular star. So if you go for the really outrageous answers, it’s going to help you to seek beyond what your typical boundary would be, and to get past those limits that would normally come upon you it’s also important that there’s no interruptions for that hour because interruptions change our focus. Like just as i was saying, how going for a run helped me to get out of myself being uninterrupted and to be playful and to have a very positive atmosphere in this circumstance helps you to stay imaginative and creative. It helps to keep you more right brain rather than left brain. You have all the time in the world to be left brain after the intuitive brainstorming session, but right now, it’s about getting creative and get an imaginative and being playful and being free and believing an infinite possibility. How often should we do these sessions? It’s it’s multiple times, right? Yeah, in the beginning, i suggest that people do it once a week because you’re exercising muscles that you’re not that familiar with. I have the same purpose in goal, and if the goal is a very long term goal, i say about a month of once a week and then you could go down to once every two weeks. If you’re finding you really have momentum even once a month after that to maintain that energy moving forward. Okay, should there be a leader of the group or is everybody equal? I usually have someone that’s, a facilitator, not necessarily a leader, but that is very familiar with the structure, you know, tries to encourage playfulness, tries to encourage people to be without limits, nonjudgmental noncritical on someone and ensuring that everybody else is especially non judgmental. Yes, everything is allowed. Yes, more. As you’re saying, the more playful, the better. All right, so we’ve done we do several of these sessions say over a month, what do are we starting to make a decision about how we’re going to proceed or we looking more for signs at that moment? Where are we now after for these let’s say, well, we’ll have a recorder, so every idea will be recorded during the session, so we’ll have a place that we can go back to initially, you know, want to take any speedy action. It’s not about developing your plan in that moment. It is about now going out, having all players seek and say, you know what? We’re in this together with this universe, there are some good ideas there might not be. The ideas that were thinking are the best in this moment, but give us evidence, give us signs, put a stepping stone down in front of us won that we feel is viable, and we feel that we can move in that direction. So in the next week you come back any share stories or even during the week, if you’re bumping into people, you can share stories because sharing stories gives validation, and it helps everybody to suspend doubt and to encourage not needing to think that this is off an off limits topic, so the more encouragement you get, the more people will see signs where they are starting to appear everywhere, from dreams to vanity license plates. Exactly. So we’re sort of opening our mind two on our consciousness too signs that i don’t know what would they have been there otherwise we just wouldn’t have recognised them. How do we hear is that? You know, for may i still really prefer the scientific ideas behind what it is that i dont here’s how i began to understand signs, because for me, it’s like really, you know, if i’m listening to tony show today and all of sudden he says the thing that answers my question, what did ugo did the universe take over tony’s brain? Enforce that sentence out of his mouth that doesn’t. That doesn’t make sense to me, but here’s how it really does work that there’s no such thing as time, so your answers are in the universe. But what the objective of this guidance is is to get you to pay attention to where the signs are so often times you have to understand that conscious. Energy is vibrations thought energy is waves, wave energy intersects with other intersects with other wave energy of other conscious thoughts treyz closely in jargon jail. Now we have a jogging jail here you haven’t you haven’t transcended basically and that’s not what i mean transcended. You haven’t transgressed okay having transgressed, but you’re, you’re almost your close transcendent. The idea is simply that, like we can’t see radio waves, but we can hear the music. The same is true with thought energy, and if your thought energy is intersecting with someone else’s thought energy or with a non physical source of energy, you’re not aware of it. It still feels like your thoughts so you can actually be prompted to think toe look at assign toe look to the left to listen to the lyric of a song and that’s the that’s. The way that it works is that you, it’s basically, like, think about an invisible couple of fingers being put on your cheek asking you to turn to the left or turn to the right or look up or listen well, i whenever i had a break up when i was younger, i always thought, you know but everybody thinks it’s the song lyrics are talking to me about how how melancholy i’m feeling but i think that’s ah, well, maybe it’s coincidence with purpose. Yes. Ok. Could be helping you through the process, is there? Ah, a minimum number of people that that this really works well with me is like, is three enough for there really? Isn’t even two people can really very powerful on dh, not self censoring. Really? Yeah. No. Yeah. Even two people is very effective. As a matter of fact, there are often times just teams that do this and you don’t even have to have the same objective. If you’re working with just one other team member, you can give a half hour to one person’s purpose and one half hour to the other person’s per purpose. If you have a very small organization, it still is effective. Having at least two players, though, helps your own personal bias is to be removed through the vision or the eyes of somebody else. Okay, i like the idea that this could be ongoing. So we could just schedule this hour a week, and maybe i have several devoted to the same. Topic and then switch topics but always have this sort of playful our you have organizations that have have done that devoted time to this over the long term. Yes, i have organizations that this is just a part of their business process. Now for two, three, four years it’s just been an ongoing part. Everyone gets used to that. This is when it’s scheduled this is when we meet, and they do look at it as the fun hour of the week share a client story, one of one of those longer term organizations can you ok, here’s a good example for fora non-profit often times, the biggest challenge is thie ongoing process of fund-raising especially if the fund-raising methods are finite and you need to raise revenue on an annual basis, and you’re starting from scratch, scratch fiscally every year. So one example of something that came out of the brainstorming for one come company one organization was that it’s, an organization that helps young people between the ages of fourteen and eighteen who have started to have issues with the law or with drugs or other different problems, and it gives them a place to maybe find different traits or characteristics within them while being guided by a support staff that can help them. And the challenge definitely is in fund-raising, you know, they have their gala, they have their golf outing. But what was generated from this process was the idea that thie donor-centric a child and have real communication with one of the people that he has is in contact with. So it’s monthly communication, maybe even photographs, a man indication of what kinds of really cool things is being done with their money and their donation. So what that does is it takes it from ah, one year donation of such and such amount of font and then it’s out of their mind, and it becomes a subscription. So every month their credit card is processed, and they have this relationship with the person which encourages them to stay with the subscription. And that came out of intuitive brainstorming works outstanding. Um, share what? What it is that you love about the work that you do with clients, whether individuals or or organizations or companies there’s a lot of things that i love about it. But one is certainly that one is definitely that. Thie benefits that you see in your business, and when he’s starting to see more abundance and more possibility and more wonderful things coming your way with less effort than you used to put in. All of that starts to kind of overflow into your personal life too. So the principles are the same. Whether you’re having these successes in business or you’re having them in your personal life, the principles are the same. You’re exercising muscles that affect every area of your life, so i love to see the personal growth that develops from the business growth and vice versa. So that’s really satisfying the other thing is that it’s fun to see that people start to believe that life can be easier to get out of that mode of life is hard, this is difficult. This is not fun. I can’t get this done and to start to see that when you link into this support that’s there for you and it’s free and that you can use it, that challenges start to fade and have the same extent or the same energetic difficulties that you used to have. So just to see that byproduct of it as well, as really satisfying, we have a lot more time. You won’t share one more thing that you love about the work. Okay, one more thing. Well, i’ll take it to a personal level if you don’t mind. I was one of those people that was, you know, falling into snags constantly relationship wise or people wise or or even my relationship with money. And in the ten years that i’ve been really focusing on this, i have probably fewer challenges than anybody i’ve ever met, and i also feel that i’m probably one of the happiest people i’ve ever met, which i’m going to tell you. A decade ago, i didn’t know it was even possible. I feel like i’m in a joint venture with the universe and yes, you are all right, karen garvey. You will find her at the answer’s unlimited dotcom. Thank you so much for being against karen. Thank you, it’s been a real pleasure. We’ll take a break when we come back a little more live listener love tony’s take two and then gene takagi is with us to talk about the poll latto paul part do stay with us e-giving didn’t think dick tooting, getting dink, dink, dink. You’re listening to the talking alternate network. Get in. E-giving good. 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 method i 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. Hi, i’m ostomel role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m. We’re gonna have fun. Shine the light on all aspects of music and its limitless healing possibilities. We’re gonna invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com. You’re listening to the talking alternative network. Dahna i’m leslie goldman with the us fund for unicef, and i’m casey rotter with us fun for unison. You’re listening to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. Metoo now more live listener love teo washington, d c, san francisco and jamaican new york. Where comes to coast? Jamaica have courses in queens. Very diverse neighborhood. So could be anybody listening in jamaica, new york. What comes to coast today and there’s? More live listener love coming from coming from abroad. My tony’s take two. This week is about my blog’s, which was are you having fun? Because last weekend i was a judge at the thirty first annual coney island mermaid parade and it was it was great fun. There were mermaids. There were mermaid ls. There were octopuses, burlesque dancers, ice skaters, ice skaters in in june, on on a float that had, i guess, in that ice on it they were skating. There was even a pabst blue ribbon float, pbr float. And that just got me thinking about summer fun. So my block this week is are you having fun? Because it is summer and my suggestion that you make time for fun, you have to make the time because you won’t just find it. But i think it’s very well worth doing. There are pictures from the mermaid parade on my blog’s at tony. Martignetti dot com, including a bunch of mermaids and that is tony’s take two for friday twenty eighth of june twenty sixth show of the year and my one hundred forty eighth show. The one hundred fiftieth is going to be on july twelfth. There’s nothing special planned for the hundred fiftieth show. It’ll be it’ll be a laid back sesquicentennial. My pleasure, as it always is. When he’s here to welcome jean takagi he’s, the principal of neo the non-profit and exempt organizations law group in san francisco, he edits the very popular non-profit law blawg dot com. And you can follow him on twitter at gt a k g attack. Gee, tak, welcome back. Hey, tony, how are you? I’m great that’s a little rhyme i made. I just i just thought that right now. Is that what i’m what an improviser. Welcome back. Okay, um, we are continuing our conversation from back in may may tenth, to be exact when we were talking about dan piela tas viral video. The way we think about charities is dead wrong. And we talked about compensation and advertising and marketing and risk taking, and we want to continue their two. Other things that you blogged about it on the first of those is time constraints that non-profits don’t have the luxury of time. What? What air dan’s concerns there. I think tony, you know, because the public and thunders appear to have really little patients for non-profits that failed, teo immediately make an impact that they can report back there’s. Just this lack of patient capital. It’s, maybe a buzz term that people use in this industry, that’s willing to wait it out and allow non-profits to develop the right infrastructure and systems, and perhaps the right, uh, foundations to go to scale before being able to deliver the type of results that the public and that institutional thunders they’re looking for, and then makes a very good point there. I have a clip of him talking about this, relating it, to analogizing it to the corporate side. So amazon went for six years without returning any profit to investors, and people had patients. They knew that there was a long term objective down the line of building market. Dahna. But if a nonprofit organization ever had a dream of building magnificent scale that required for six years, no money was going to go to the needy was all, then be invested in building the scale. We would expect the crucifixion. That’s damp latto is there? Is there something we can do about this game? And he he has a very good example that if if if charity went six years without spending money on mission, there would be there would be a lot of trouble that there would be, and there would be legal problems a cz well, there there is a principle it’s rarely used, and because there are no sort of really english or plain english words for this high risk jargon j hope that it’s called the commensurate test for pizza basically all right, commencement fancy words and just basically means that a charity has to spend its resource is in line with its mission, and that includes the amount of financial resources it has and what amount is going to program versus administrative and fund-raising so if you were to spend and and i’m not actually a man of that example that that dan produced with amazon, i’ll explain that in a second. But if you were to spend six years building infrastructure and admit zsystems to go to magnificent scale without spending a penny on program that’s going to be a violation of the commensurate test almost surely on dh there may be others from some other problems with that as well. The reason, tony, i don’t like it. Maybe you could tell me how you feel is well, when amazon was building up for six years, it was still selling books and producing revenues and inspiring confidence in its investors if a non-profit were to do nothing but build infrastructure for six years and not do any programming it’s not been inspire confidence in its investors. And it’s not really the legal problem it’s the ability to track capitol problem if it’s not showing any demonstrate, you know, demonstration of its ability. Tio achieved this massive scale of the project can’t show benchmarks along the way. And the public and institutional investors, they’re just not going to believe in this, i say all right, so there was there was mission related work going on in amazon for those six years that’s so the analogy isn’t really great. That’s my feeling okay, mission related work being sales. They just maybe weren’t profitable, but they were doing some mission related work. Okay, now, lobbying can be effective, but in making chain making social change but that’s largely, and we’ve talked about this before prohibited. Well, actually, i correctly there okay tony so non-profit public charities and engage in quite a significant amount of lobbying without passing the threshold. But locking and advocacy were generally it takes time to do. And so, in that sense, an investment in time requires some patients there and again, patients capital, it’s, it’s, an investment in time, and supporters of those lobbying advocacy efforts are going to have to wait it out to see what may happen, and sometimes a change in the laws we’ve seen with the supreme court decisions recently. Sometimes changes in the law are much, much more powerful than just direct services. Let’s move to another of dan’s concerns. The final one, which is that non-profits don’t attract profit. Tio don’t don’t make profit to attract risk. Yeah, great, great point so for-profit can attract equity owners, and they can use that to make investments in, you know, big projects that might become sustainable and be able to deliver charitable goods to communities and made on a consistent basis and non-profits can attract that equity capital because, of course, non-profits don’t have owners now i actually don’t have a problem with that. And, tony, maybe you could tell me what you think. I don’t think we want tohave charitable non-profits with shareholders who put pressures on getting a financial return for their investments think non-profits are difficult enough to run in having shareholders there is just gonna complicate things even more. Well, we’re we’re moving. I don’t want to say we’re moving to that, but there are these, um, other ways of self-funding funding social change, like, like the social impact bonds. And i think you and i have talked about those before and just these things that fall under pr ize programme related investments that are sort of that way. I mean, there’s sort of a midline yeah, i think the midline that you’re speaking up that’s, where we’re trying to go, so we don’t really want non-profits with shareholders so i don’t think we want non-profits tohave equity investments in them, but what we do want our ways for investors to be able to invest in social good, so there are a few ways to do that one is, well, already social investors could make loans to non-profit on and, you know, if they want to get a financial return, you know, in line with the fair and, you know, market rate, return for their loan, um, i’m sure charities would love that if they could go a little bit more with the risk than a bank might pick, then charities have access two new capital, but that depends upon inspiring confidence in those social investors. Private foundations can make program related investments, as you mentioned, and those who take the form of usually loans or guarantees that will be for the benefit of non-profits to run their program and the private foundations aren’t expecting sort of a big production of income or appreciation. They’ve got any equity investments in return, but they could do that already got social impact bonds that you talked about such a cool idea where we don’t really know if they’re going to work because it’s such a a new idea, but the government issues the bonds and pays on ly if the social goals are met, and so the investors and the bonds are taking a risk that the social the non-profits that air contract it with the money that the bonds produce are going to be able to to keep their goals. And new york has got a great experiment going on with goldman sachs and recidivism that’s going to be a great example for for us to see whether this is going to really produce impact or not. I think the last part is maybe those hybrid organizations, those air, not non-profits, but they’re kind of in this cool space somewhere in between traditional for-profit organizations and non-profits and these air like the benefit corporation, flexible purpose corporations, social purpose corporation, low profit, limited liability companies that kind of occupying this space in the spectrum between social good and financial returns for shareholders and i think that’s going to be an exciting space. Did you watch maria simple and i talked about finding foundations that will do these program related investments, and that show was on march. Eighth of this year what’s that goldman sachs and recidivism example that you mentioned jean i’m not aware of that. Well, basically goldman sachs is is the bond is the investor in the bond so they bought the bond and they’re going to profit on ly if the non-profit center involved are able to reduce the receipt of ism so the government will pay out based on the savings that they get from reducing prisoner wei have recidivism on so you know it’s it’s kind of a win win situation if it all works, if there is actually impact. So if the government makes the right that on the service provider on the non-profits and they do a good job of reducing recidivism, then the government will save money overall used some of that savings to pay the bondholders which in this case is goldman sachs and so, you know, theoretically a great model sticking the right partners that’s going to be the tough, the tough thing and then finding the right buyers, goldman sachs came out and, you know, took a shot of the investor here. But will the public buy it? Same problem with the hybrid organizations. We talked about, we see a lot of private individuals twisted in doing social good, who are investing in this. But we haven’t seen big institutional investors come in in a big way yet, and i think that’s follow-up do you know how much goldman sachs invested in the in the bonds? I don’t think i could be quoted for that, but i think it was somewhere with around seven million dollars, okay, all right, that’s, right, let’s say. We’ll take our break, and when we come back, we’re going to talk about the overhead myth. That letter that just came out very recently, and also an oregon law that’s related to this and putting a cap on. Well, sort of putting a cap on the amount that can go to non program related activities. So stay with us. You’re listening to the talking alternative network. Buy-in 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. Buy-in have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. Zoho dahna hyre more live listener love to columbus, ohio, new york, new york. Welcome, fujisawa, japan, can it? You are beijing, china. Many people in beijing. Are you together? Do you know each other? Beijing welcome. Ni hao. Jean let’s. Talk about the the overhead myth letter. Um, this was signed by the leaders of the better business bureau wise giving alliance, um, guide star and charity navigator and ken berger from charity navigator, ceo of ceo. There has been has been a guest. This letter is is just come out very recently ordered. I just learned about it very recently. Now it came out very recently, just a few days ago. Ok, they didn’t put a date on it. That’s the first thing i learned in grade school, you supposed to put a date on your letter and then you do the inside address and then the greeting, but they don’t have they have neither an inside address nor a date, but okay, it came out very recently on dh. Why is this creating a lot of buzz in non-profits? But it’s creating a lot of buzz? Because i think these charity, some of them are charities, ratings organizations, some of them just provide information about charities to the public. But there’s been a widespread feeling among charities that thie over admit that they’re talking about was actually perpetuated by some of these organizations in terms of rating charities, by virtue of what they’re programmatic expenses were versus their administrative and fund-raising expenses, very much the argument that pelota was talking about as well. And the feeling was that the ratings agencies were e-giving low scores to anybody that had this high overhead ratio. I know so it’s ah it’s, a little it’s, little crusty of ah, of ken berger to be signing this, to quote the letter which is against signed by all three the percent of charity expenses that go to administrative and fund-raising costs commonly referred to as overhead is a poor measure of a charity’s performance and that’s very early in the letter. And then they go on to encourage donors it’s addressed to the donors of america. They encourage, um, donors to think about on dh consider lots of other factors besides overhead myth overhead overhead. Um, yeah, it seems a little hypocritical. Yeah, and i think they go back. I think the first sentence is probably not reflective what they actually believe that overhead is a poor measure of the charity performance. I think what they’re trying to say. And i think the rest of the letter describes it is that overhead alone is a port measures charity performance because they go, they go on and say in the letter, but overhead offers insight and can be a valid data point for rooting out fraud and poor financial management. But in most cases, and i think the message to donors is this and i don’t want to detract from that messages that focusing on overhead alone does more damage than good. And i absolutely we believe in that as well. Yes, for sure. And i am trying to get the three signers of the letter as guests together. I already reached out tio the better business bureau wise giving alliance and charity navigator. I don’t have a connection to guide star, but i’m trying. I would like to have a show with the three of them to let me see if i could make that connection for you. Honey. Really? You know somebody it ah, guidestar. I do. Oh, okay. Thank you. Well, this is good. Look at this intuitive brainstorming. It works. It works. I put the message out and i got an answer right back. This is incredible, it’s. Just that in advance to pardon me. You must have known that in advance. No, i no. I mean, what do you mean, what? I must have known what they’re what your intuition told you to go in this direction. Well, the my first guest, we were talking about intuitive brainstorming. Instead of you start to put something out. Then you’ll get signs back. And i was going to start looking at vanity license plates, but but i don’t have to thank you, jean. That would be a credit that’s. Incredible. This is the works system works. Um, okay. Now, over up in oregon and i learned is not oregon. I was admonished by by tim sample who’s amy sample ward’s father. He called in from oregon once. There’s no. E on oregon. So it’s not there’s. No e on oregon. So it’s, not oregon. So those of you were pronouncing it wrong. Please be admonished. Over and up in oregon. They have ah, new law. That sort of puts a cap on how? Much charities khun spend on non program it’s kind of going against the flow of the theme that we’ve been. We’ve been focused on you, we’re going right? Is this back and forth? I know. So yes, there’s a house bill called two thousand sixty i believe it was signed into the law and is going to go into effect in a few months and basically it allows the attorney general to disqualify a charity from being able to receive deductible contributions and that’s just for state income tax purposes because federal income taxes are outside of oregon’s jurisdiction, so deductible contributions from the state income tax perspective if they don’t meet a thirty percent threshold, thirty percent programmatic expenses versus sort of administrative and fund-raising if they’re not real reaching that threshold, uh, for three years over a three year period, and they may not be able to receive deductible contributions from the state resident, and they have tio disclose that publicly, yeah, absolutely so they disclose it, or they can face a penalty of up to twenty five thousand dollars, and once they disclosed that the attorney general can come in and say, well, anybody donating to this? Charity will not be eligible to receive a deductible contribution for a state income tax purposes. Um, and i didn’t know it was over three years, the three year period. Okay, so three, if you’re if you’re spending less than thirty percent of your revenue on program for three consecutive years than in the third year, that’s when you have to disclose it, uh, when your fourth year in the force you closing the previous three years, okay? And if you fail on the previous three years going for the attorney general, but it could disqualify you. So after those three years, you would report it. Ok, does it have to be three consecutive years, or can you do less than thirty? More than thirty, less than thirty? More than thirty, less than thirty that’s? Three? But it was over five years. I think it’s three consecutive years and they don’t look at each year in isolation. They take a look at a rolling three year calendar. Oh, i see. Okay, um, what’s, your what’s, your opinion of this law that i think is draconian? Yeah, i i think it’s going to resonate with some of the public because you know, this week we also saw another story big story from cnn talked about the city worth charities in the united states and these air, all out liars, but also tremendously high overhead, racial and hardly any programmatic spending with, you know, cumulatively, like billions of dollars involved or hundreds of millions. So they just picked out the most egregious cases and, you know, outrages the public and the public puts pressure on the legislature to create laws to prevent those things from happening. And then we get laws like the one in oregon? Yeah, i don’t care for those, you know, fifty worse than you know, the irs does something similar too well, no, that know the irs different? No, i’m sorry they generalize about charity scams, but they don’t specifically name charities. I don’t like these headline grabbing things. It it tarnishes the entire sector it does for the vast majority of attorneys that are doing very good work. It’s it’s hard to sit there and get a hit from a donor confidence because of those real outlier. So you think they’ll be a public backlash in oregon? Well, i think the charitable sector is going toe push. Back a little bit on this, but i think actually this may be a trend, and we may see more states create these laws. Well, actually, the non-profit association of oregon endorsed the law. Yeah, they felt like this was kind of a benchmark minimum, although i think they said in a statement, i think there’s a comment field on the overhead mid fight where somebody, a representative of that association, made a statement that there shouldn’t be a single number threshold that indicate a good performing charity. This is a poor performing one, but they felt like thirty percent over three years was kind of the bottom line number that any charity should be able to meet. And i’m not sure that that that’s really something that you can back-up yeah, yeah, we have to leave it there. Gene, thank you very much. Great, thank you so much, durney i enjoyed it, jean takagi, you’ll find him at non-profit law blogged dot com and at g tack on twitter next week, beth cantor, author of the network non-profit and measuring the network to non-profit we talked it fund-raising day last month about engagement and outcomes, and i’ll have that. Interview unless i can get the three authors from the overhead myth to come, i don’t know if we could get them as quickly as next week, but they’ll take precedence over that beth cantor interview. We’ll run that another time if i could get the three of them, but i’ll try to get through them some time. Also next week, scott koegler, our tech contributor and the editor of non-profit technology news returns. We’re going to talk about apse for your tablet. Check us out on the social networks youtube, facebook, twitter you know the litany. The links are on my block at tony martignetti dot com insert sponsor message over nine thousand leaders, fundraisers and board members of small and midsize charities. Listen each week contact me on my block to talk about sponsoring the show. Sam loves that music so much he played it a little prematurely. Our creative producer was claire meyerhoff sam liebowitz. The one playing the music is our line producer and the show’s social media is by regina walton of organic social media. The remote producer of tony martignetti non-profit radio is john federico of the new rules. I hope that you will tune in next week at talking alternative dot com friday one two to eastern durney dahna e-giving thing duitz good ending. You’re listening to the talking alternative network waiting to get in. Dahna cubine are you a female entrepreneur ready to break through? Join us at sexy body sassy sol, where women are empowered to ask one, receive what they truly want in love, life and business. Tune in thursday, said noon eastern time to learn tips and juicy secrets from inspiring women and men who, there to define their success, get inspired, stay motivated and to find your version of giant success with sexy body sake. Sold every thursday ad. Men in new york times on talking alternative dot com. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com. We look forward to serving you. You’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. This is tony martignetti athlete 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.

141: The Money Is Out There & The Pallotta Pall – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Ann Kayman, founder and CEO of New York Grant Company

Gene Takagi, principal of the Nonprofit & Exempt Organizations Law Group

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

View Full Transcript
Transcript for 141_tony_martignetti_nonprofit_radio_20130510.mp3

Processed on: 2018-11-11T23:00:27.765Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2013…05…141_tony_martignetti_nonprofit_radio_20130510.mp3.633247923.json
Path to text: transcripts/2013/05/141_tony_martignetti_nonprofit_radio_20130510.txt

Durney no hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. I’m your aptly named host it’s, so good to be back in the studio. I’ve been away with two pre recorded shows in a week, so good to be back here, it’s may tenth, twenty thirteen oh, i hope you’re with me last week, i’d suffer pseudo member nous kel itis if i came to learn that you had missed small non-profits raise more money consultant and author amy eisenstein returned last week. She’s, the principal of tripoint fund-raising and it took her two years to write her new book, raising more with less. We learned that that time was well spent still two years i don’t know this week the money is out there and kayman founder and ceo of new york grant money is a treasure of valuable information about grants, discounts, rebates and other money incentives throughout the country that get triggered when you re new release, move, expand, renovate, we’ll talk about other georgia triggers as well, investing energy savings, she explains what’s out there and how to find it also the ppa latto paul, have you seen? Dan pallotti’s viral video from ted it’s called the way we think about charity is dead wrong our legal contributor jean takagi principle of the non-profit and exempt organizations law group neo-sage san francisco shares his perspective on how we got here and what would need to change and should it to achieve pallotti’s vision of amore free market charity sector between the guests on tony’s take two, i’m doing stand up comedy tonight in new york city, and maybe if you’re listening live and local, maybe you could make it my pleasure. Now, to welcome to the studio and kayman founder and ceo of new york chadband company, they worked to obtain economic grants and incentives for clients in the new york metro area and nationally. Previously, she served in the new york city mayoral administrations of rudolph giuliani and michael bloomberg as head of business development for the new york city economic development corporation. She’s, a former dancer, she was doing radio at twelve years old. It’s my pleasure to welcome to the show and kayman and welcome. Thank you, tony it’s a joy to be here a joy thank you. Most people just say it’s like pleasure refund, but joy that’s terrific. Why were you doing radio at twelve years old? What was that about? I guess i’m a born ham. I came from a family of hams. If that’s still a word that’s used today. Sure. It’s couples fashion. Okay, so you’re not kosher, but what were you doing? A radio it at twelve years old, i got invited to to write and produce and be star of home run write a show in grammar school. And it was just a random opportunity in alexandria, virginia, which is where i grew up. And ah, you know, i just gravitated toward that stuff because of my background and family and interest in all that stuff and things having to do with performing. What was your show about twelve years old? I’m sure it was incredibly insightful and thoughtful and you don’t remember. I don’t remember. Okay, all right, let’s talk about some grants and some other opportunity. I don’t want to limit it to grantspace talk about economic incentives. Cool for for our audience, small and midsize charities. Why are these things made available? The idea is that there needs to be some stimulus at all times. To incentivize organisations to grow and invest and hyre create jobs and really contribute to the economic well being of an area or state a country. And so programs have evolved and exist just everywhere everywhere on the planet, actually to help encourage activity that will contribute to the economy of any given jurisdiction. Okay, so we could be talking about city state this’s way also talking federal level opportunities incentives? Yes, most definitely every layer of government. Rnc va ble has something to offer on the economic menu, if you will, to encourage organizations could be for-profit not-for-profits combination, ah, to invest, to grow to hyre to do all the kinds of good things that really contribute to the economic base, the tax base and the you know, the economic opportunities for people, wherever they might be. On the charitable side are their incentives mohr for certain types of charitable work than other types of charitable work. Not really. I mean, where if you look at the landscape out there of who’s giving and who’s getting, you see activity in social services, obviously elder care charter schools, but also theater, dance, performing, arts, culture definitely as well as health. Services and other charitable and religious for example, institutions, you know, you name it, whatever is on the spectrum on the knot in the nonprofit world there some e-giving thank god going on because organizations depend for their lifeblood on e-giving not only by private donors, but also by public donors. Yeah, and i don’t think there’s great awareness that these programs are available at all different levels of government. Exactly that’s why i have a job. I mean, we started our firm eleven years ago with the idea to bridge that gap because there were a lot of things that are were on the economic menu by federal, state and local government. I mean, we’re here in new york city, but we’re not unique in terms of jurisdictions offering stuff, and there was very little in the way of know how about what was available, how to go get it, how to cut through the red tape, deal with the bureaucracy and really maximize somebody’s return while minimizing their hassle. So our team based here in manhattan is designed tio work through that we we navigate the mazes we say of these economic programs for all kinds of organizations. Large and small. And you have dahna a little acronym for for what triggers these incentives rhyme your r i m e acronym? Yeah. That’s a throwback from when i was studying to be a lawyer. And i used demonic says a tool to study for the bar exam. In a way i could get through the bar. That was what got through that got me through a swell. So i don’t remember. Do you remember any any cool acronyms? I remember ocean, which which are the elements of adverse possession. No adverse possession. Okay, open continuous something something. And no tort aureus was adverse. Possession is when you take over land, right? Yeah. For twenty years, you’ve. You’ve done all these things on a piece of land openly, notoriously continuously all that you can take it over, and you own it, they. But if the owner notices it at year nineteen and a half and it’s a twenty year statute you squandered. You squandered a lot of good time and money. Kind of. But you were trying to steal somebody’s land, so you deserve to be thwarted. Yeah. It’s. A very old legal concept. I i doubt it. I think it’s still used in some situations because you hear about squatters, artists squatting in buildings, loft buildings in manhattan years ago anyway, and that eventually took over ownership because the landlords were out of town. They didn’t care. They let the building’s rundown and artists got to take over whole buildings here night that’s, ocean. But we want about ryan, which you don’t spell, right, but that’s okay, are i am for when we when we trigger these things, what what’s what’s our starts off with our what does it stand for? So rhyme is our renewal lease. I invest in property or equipment or in training staff, for example, m is moving, ieave, relocating, moving from one place to another. He is expanding. Maybe i’m in this building, but i’m expanding next door those of the typical triggers for economic benefits because that means that the organization is moving in a direction which lends itself to contributing to the local economy means somebody’s growing somebody’s acting somebody’s, putting money at stake in the system. And therefore government’s interested in supporting that renewing the lease that that happens pretty pretty frequently. Andi again, i don’t think there’s awareness that just because you’re signing a new, maybe five or ten year lease, that there may be an incentive available for you, exactly, i mean, who knew on again that’s why i have a job, but and in most areas that’s where there are, say, designated zones where economic activity is being encouraged in the middle of manhattan? Not so much, you know, but in other areas you’re talking nationally, yeah, nationally in other areas where you’ve got designated zones, maybe formerly distressed areas, areas that are geared for revitalisation areas that are trying tio, you know, make a comeback, those of the kinds of situations where simply renewing the lease, in other words, re committing to your stake in that community. Khun trigger some kind of economic benefit for your organization. Excellent. Okay, um, we have just a minute or so before we take our first break for a couple seconds, so should you look around for possible incentives? Maybe before you’re renewing? I mean, when you know you’re lisa’s coming to a close because maybe not only if you stay, but maybe if you leased somewhere else, you’d be in the same community, you’d be a little better off. Sure, sure, i mean, the most intelligent organizations look att this was saying, there are listeners are no, they’re there, they’re there. They want to be more intelligent. By definition, they want to get more more intelligent, right? Sure, sure. So those organizations are well advised to look early and look often and consider what their options are before, you know, making a commitment, a contractual commitment, somewhere. We have to take a break for a couple seconds, and when we come back and came and i are going to keep talking about the money is out there. All these economic incentives for you stay with us. Talking alternative radio, twenty four hours a day. Are you confused about which died it’s, right for you? Are you tired of being tired? How about improving your energy strength and endurance? How i’m rika keck, holistic nutrition and wellness consultant? If you have answered yes to any of my questions, contact me now at n y integrated health dot com, or it’s. Six for six to eight, five, eight five eight eight initiate change and transform your life. 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. 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. I’ve got to send some live listener love. I love this one. Kamloops, british columbia welcome, kamloops, san antonio, texas, arlington, virginia live listener love going to you and lynette singleton is out there. She is live tweeting the show so if you want to follow the net if you want a live tweet along with her, use the hashtag non-profit radio. Hello, lynette live listen love also new york, new york i’m glad you’re with us beijing china chung ching, china chung shot china ni hao, amazing asia checking in and there’s more, much more to come and we’ve been we just went around the globe and from virginia teo chungking, china let’s talk about your ill a little rhyme i investing now a charity may not ah latto charities can’t necessarily buy real estate. Is that the investment? Is that what the eye is in for? Invest? You know, investment i used not in so much in the wall street sense, but in the sense of spending money, capital on plant equipment staff was raining stuff. What if? What if you’re renovating? That’s? Good to accounts. Sure, you’re spending money in an improvement and of space and ah, that contributes to the economy too. Okay, m is moving was that about moving? So this is where jurisdictions get really competitive and it gets very interesting because suppose, you know, your organization has the opportunity to go really anywhere. You could go to china, you could go to california, you could go to arlington, virginia, shout out to my old neighbor in virginia, and so jurisdictions compete to attract those types of organizations when they’re deciding whether to move. Ah, because that could mean the transfer of jobs and investment and money into community from elsewhere. Your neighbour in arlington did they know when you when you were twelve years old on the elementary school radio? I don’t know, we should ask. Maybe they will remember the show if you remember the show use hashtag non-profit radio arlington, virginia if you can remember what an kayman sure with twelve years old and tell us where we’re watching the hashtag here in studio it was my peak. No, i don’t know that this is the peak e i don’t know if you’ve been on oprah or good morning. America. But this is your climax right here. There you go, it’s. All been leading to this moment. Okay. Thank you. Dahna. Expanding. Oh, no. Moving. Oh, no. We get recovered. Moving, expanding, expanding. You said a little about that’s. A little more expanding, particularly in this day and age. Anybody who’s. Adding to their workforce is like that’s the holy grail of economic development right now, because job creation is where government is particularly in wristed in stimulating activity. So i suppose i have ah, small theater company. But i have the opportunity to grow and add set designers and writers and producers. And what not now, that becomes interesting to government because those are represented jobs and therefore, you know, tax revenue. Also, you look at the sort of secondary effect of that kind of activity because those people in that place of work, wherever it is, are spending money. They are buying things. They are contributing sales, taxes and income taxes. And even if the organization itself is exempt from income tax because it’s a charity or educational or non-profit institution, the people who work for it are subject to income tax, and they pay sales tax. And also the organisation uses up energy, so those air costs, which can be mitigated through various incentive programs. And i find that that’s where also currently a lot of interesting opportunities air had in the nonprofit world. Because if you’re say renovating a theater and you have the opportunity to outfit the lights with led lights or something super efficient or make sure your cooling and heating systems are super efficient, then thie utility companies, in addition to government, have many programs available to mitigate those costs. You can actually get cash rebates against that type of spending. Energy efficiency, right? Yeah. I was going to another when i was going to ask you about. And actually something is coming to me. I want to help you with this rhyme. This eyes misspelled acronyms very, very needs. Problematic tim it’s. Pretty lame. That bothers me. Now, if you had r h, we obviously got spell r h y m e for rhyme heat could be heating air conditioning. And that could now that’s little too narrow. I know, but it could trigger the thinking about, uh, energy efficiency. All right, fair enough. Now we need a why? Like what? Do we not have covered training? You don’t really have training. You have it in investing could be investing in your workers. You could have like you train ad h for heat and why for you train you’d taken a little poetic license there, but it works for me. We’ll take that. Okay, i’ll feel better anyway, if we could just do it for the next few minutes, it’ll it’ll ease me. This’s rhyme is very upsetting to me or i am me, um, you mentioned investing in employees and i think there are special programs for hiring veterans. Yes, yes. Let’s. Talk a little about that. Yeah. That’s. Really? Ah, wonderful opportunity. And i wish those programs, you know, were more robust. Ah, in the federal government, there have been programs, too. Basically give tax credits, two employers who are hiring veterans and and the way they have categorized. This is according tio, how long the veteran has been out of work and whether the veteran has some sort of injury. The state of new york, fortunately, has recently passed legislation that says any hiring of veterans can be can qualify for for again tax credits at the state. Level the jobs and the credits really are about they have to be created in twenty, fourteen, twenty, fifteen so there’s a bit of a lag time between when these things can get claimed and also for non-profits those hiring credits not so valuable, right? Because a non-profit is typically exempt from income tax, hence there’s nothing to deduct claim the incentives are against a tax business income tax, right? Okay, in government world, you know that which is tax can be untaxed so often in the toolbox of economic incentives is our are things in the tax code you khun untaxed something, but in the nonprofit world, they’re they’re limited taxes, which an organization might pay. But that being said, there are still taxes that they pay sales and use taxes usually are exempt income taxes, but otherwise they could be paying real property taxes. If they’re in a building that is taxable on, they could be paying energy taxes as well. Ok, on your site, i saw a white paper that talked about for veterans again salary, salary reimbursement. If you hire a vet that does that sound like something that still i think it was a fairly recent white paper talked about salary reimbursement up to fifty percent. For i think six months. Yes, yes. So familiar. Yes, there is a special employer incentive. A subsidy along those lines. Yes. So that’s on the federal level. So that’s for everybody. Um, yeah, let’s, let’s have a difficult time. Your job search mean, they’re often misunderstood and they’re freaking people who think that that is going to freak out on them and, you know, go go ballistic or something. And, well, it says such unfortunate, such an unfortunate, perhaps stereotype and and so untrue. We hired a veteran, a twelve year army captain. Miz? Yes, ms brandi whitlock. She wrote the white paper that i’m referring exactly she’s she’s on the case. So her her research is current and it’s it’s very excellent. And from first hand experience, she can say that boy veterans are eminently employable. She used to deploy thousands and thousands of veterans too distant lands and has served her time for twelve years and elevating herself to captain, working from as a veterans from since high school. And now we’ve been so fortunate to have her on board for the last and she’s been with us now six months, and i’m telling you, this woman can move mountains. She has tremendous discipline and work-life iq, you know, for for non-profits that want to hire vets? I think it was that same white paper i saw there’s something called national resource directory. Okay, an rd dot gov and also recruit military dot com. Excellent. Yes. So if you want to take advantage of some of these economic incentives, is what we’re talking about around hiring vets, there’s, two sites teo that connect vets and that a job seeking with with employers totally. And and if it’s not in that white paper, we have access to it. People can email us for it e mail her to get ah paper she has written about why people should think about hiring veterans and some of the common misconceptions around that. All right, how do we start to research what is available for us locally? We don’t want to keep this to new york, and we haven’t done that. Do you have some resources that you can recommend for people? Tto find what may be available to them in their state, their community, for sure. And so at the risk of giving away some of my currency here, but i’ll do it because you’ve asked so nicely. Usually i don’t ask nicely. In fact, most guests don’t think i do, yeah, so some of my go to resource is thank god for the web, our national databases of grants and economic incentives really primarily directed from the government, the mother of all websites in the united states is called grants dot gov, and that has a comprehensive how to list of out how to register as a non-profit to access ah, government grants, but also the piela and all compendium of all grant opportunities available, whether it’s for health, education, culture, you name it if it exists from the federal government as a grant or economic incentive, it is in there the other thing that i find extremely useful and extremely current, and i’m so proud that the federal government department of energy is even put this together. It’s called desire use a dot or ge not desire your think enough it’s called it’s spelled d e s i r yusa dot or ge and say that one more time. So it again, please d as in david s as in sam i r e yusa dot or ge, and it is the fifty state compendium of all grants and benefits relating teo energy efficiency and renewable energy. So whether you’re a homeowner or you’re a non profit organization or you’re something else, all of the economic benefits currently available in the realm of energy are compiled here. It’s, incredibly current you could drill into every state of the union and every scenario that you could think of to pull up what is currently available. I find it to be enormously helpful, and i can i consulted all the time. I mean, another thing that i think is an overlooked, often overlooked resource. Isa siri’s of grants from the federal government. And they’re about at any given time around twelve agencies that participate in this it’s it’s about innovation in research and development. Grant money. It’s wonderful there. Phase one and phase two grants the program is called sb i are small business innovation research and its sister and companion program most relevant to non-profits is called s t t e r small technology transfer and research program. The federal government gives grants it’s too small organizations ah. Anywhere from one hundred thousand dollars in phase one, five hundred thousand dollars in phase two to help stimulate innovation and research in health technology. Any number energy, any number of areas that the federal government thinks needs attention and these grants are always available. They’re different offerings from time to time. So for example, this month they’re putting together ah, all the proposals that you khun submit in the field of energy and the environment, the epa and the d a we are and then the national health institutes have put up there grantcraft poses that you, khun submit grantwriting and in the stt r program, which is technology transfer, a small business can partner with a with an institution, a non-profit institution, to put thes to get thes grant proposals in i think, at the risk of being political, this is a this is an area where it pays to think about the good things that the federal government does for us in the in the in the in the midst of all the furloughs and the and the complaints about, you know, government being much too big and, you know, you talk about that that very valuable desire, database and all these grants i mean, so no government is not all bad. No, and i don’t think anybody would have been equipped or even interested in putting that together because, you know, what’s in it for them. But that’s, department of energy, you say exact on monday, so you and i all paid for it, so we should use it. And i’m telling you, it’s under wonderful engine thank you for sharing all those valuable resource is your butt didn’t give away the store? I don’t think you did, because these these things that can be complex to apply for sure, right? That’s, that’s the thing i mean, you know, you find the information on the internet, but you really need to do your due diligence your homework to figure out. Is that item actually valid? Is it in place? Is that information current? And then you get into the whole rabbit warren of applying for grantspace benefits, which means you really have to compile lots of information and put the pedal to the metal as they say it’s a lot. Now you have ah, you have a background in dance. And you mentioned your family was in the performance? Yes. And any spillover between that world and your work it ah, new york grand company. Well, as they say, right? All the world’s a stage. So yes, i well, here i am on the radio, performing once again. Well, i invited your not knowing you have ah, have a background, you’re you’re dancing through the grants world dance with grants that’s good. I like that that’s so that’s not actor that’s. An alliteration in which i happen. Teo, like very much deliberations. I haven’t actually gotten any dance grants of late. All right, we’ll work on getting you a dance company client for sure. We have to leave it there. And thank you very much. Thank you. And kayman is founder and ceo of new york grant company. You’ll find the met and why grants dot com and why grants dot com thank you very much again and pleasure. Thank you. Right now we take a break when we come back from that it’s tony’s take two and then here’s an alliteration the ppa latto paul with jean takagi. Stay with me e-giving thinking tooting getting ding, ding, ding ding you’re listening to the talking alternate network waiting to get me anything. You could are you suffering from campaigns? 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. Hi, i’m ostomel role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m. We’re gonna have fun. Shine the light on all aspects of music and its limitless healing possibilities. We’re gonna invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com. You’re listening to the talking alternative network. Duitz schnoll kayman if you have big ideas but an average budget, tune into tony martignetti non-profit radio for ideas you can use. I do. I’m dr. Robert penna, author of the non-profit outcomes toolbox. Dahna durney welcome back. Time for tony’s. Take two and let me you start that with some live listener. Love fukuoka, japan and tokyo, japan. Konichiwa, tijuana, mexico. Hola, that’s. I’m sorry, it’s, about the best i can do from my eighth grade spanish. I apologize. Do you want a wel welcome? Seoul, korea? I know it. I know it. Anya haserot and italy hyre bon giorno, of course, but there’s one asada dahna satya. I am doing stand up comedy much better than what? You just heard that this evening. So if you happen to be in the new york city metro area and a couple of ur it’s nine. Thirty this evening at metropolitan room on west twenty second street. But for the vast majority of you, the vast, vast majority this’s not that meaningful because you’re listening after the show long after, you know, probably the following week or two. So i take this opportunity to let you know that there are my standup videos are on the youtube channel which israel tony martignetti and there’s some stories of unrequited love in seventh grade and being publicly thrown out of the seventh grade chorus seventh grade was traumatic for me, my struggle with the law school admission test there’s a couple of videos that are up there. It’s not old it’s not depressing. You will laugh. People have been laughing at me since seventh grade. That’s the channel israel tony martignetti on youtube and that is tony’s take two for friday, the tenth of may nineteenth show of the year. I’m very pleased to welcome back jean takagi he’s, principal of neo the non-profit and exempt organizations law group in san francisco, california. He edits the popular non-profit law blogged dot com and on twitter he’s at g tak gt a k welcome back, jean hyre county, thank you very much for having me. Oh, it’s, always a pleasure. Hyre we’re talking about this dan ppa latto video that was that was viral. I think the first one was at ted, a ted conference and then in ten, the non-profit technology network also had him at a conference, but the one i’ve seen is the is the ted version very provocative buy-in therefore controversial, which i admire. I like people who stirred things up a bit, um he’s challenging some basic assumptions and limitations that we have on the on our charitable sector. What what what’s going on there? Well, you know, i like the controversy generated by dana’s welchlin attracted some criticism, but i really love the public discussion on this it’s the youtube and the ted video generated, i think, close to two million views a month now on it can really change the public perception about overviewing what what dance message was or is his general message was maybe we shouldn’t vilify overhead costs and ratios is something negative in the charitable world, and i think that’s a very powerful and important message to get across now, they’re details in there that i may not agree with and you may not agree with us well, but i think that main message is a great talking point. I pulled listeners before the show, and one of the questions i asked is, what do you think of dan? Pull out his vision of amore free market charity sector and fifty percent said it’s brilliant and i embrace it, and forty percent said he raises some interesting points and then the others either didn’t care for it or didn’t see it, but ninety percent either love it or i agree with sounds like with where you are, you know, he raises some very valid points for for a provocative discussion. Yeah, and that doesn’t surprise surprise me at all, you know, i think, however, and talking is a lawyer when we look at some of the rules that are involved, what then maybe saying at lee duitz initially is we need to change public views rather than laws unnecessarily that that limit some of these things. Although he’s launched if you read his book, he’s launched a campaign that will protect the non-profit sector against laws that might limit things like how much you spend on fund-raising as well. So that’s, where we start to get into a little bit more of the controversial stuff and maybe things that don’t resonate as much as compensation, which i think resonates with a lot of people in the nonprofit sector that feel like, you know, if you’re a non-profit executive, you maybe feel like you’re taking a discounter, you’re under compensated for what you might be making in the for-profit world, gino, i have ah clip of his i don’t have a clip for all the five challenges that he issues. And we’re going to talk about them, but i do for a couple, and i have this clip for compensation here’s what he’s essentially saying and we think of this is our system of ethics, but what we don’t realize is that this system has a powerful side effect, which is it gives a really start mutually exclusive choice between doing very well for yourself and your family, or doing good for the world to the brightest minds coming out of our best universities. And since tens of thousands of people who could make a huge difference in the nonprofit sector, marching every year directly into the for-profit sector because they’re not willing to make that kind of lifelong economic sacrifice, we’re talking about limits on compensation, and you and i have talked about this before, but not obviously not in this in this context. What, what what? What are those limits that we’re talking about? Well, the compensation under federal tax laws and state laws may apply as well say that if you’re a charity and you’re going to compensate your executives, that compensation must be just unreasonable as to the corporations so you can’t pay excessively and what? Is excessive is sort of a matter of all the facts and circumstances, but generally we look at comparable than they are, they’re comparable charitable organizations typically, although you can use some other organizations as well toe look at comparable, but are are you within the range of comparables that other organizations they’re paying under similar situations for similarly qualified people with similar responsibilities? So that makes it what we’re really looking at, but that makes it hard than to compete and to go it forces everybody to be at roughly the same level you can’t create a huge incentive by by offering fifty percent more than the comparables yeah, and i think that’s why it resonates with so many people, but i would sort of make everybody aware we’re paying our college football coach is under this standard as well. So there’s quite a bit of room in there for a really, really high compensation that we’re talking about big organizations or institutions like like private universities, well, they confined like a smaller scale. We’re probably not that worried about, you know, compensating smaller organizations where they’re really excessively paying they’re executive directors because that’s very, very rare just under the circumstances, a smaller organization just doesn’t have thie economics t justify that that type of compensation, unless they’re being used inappropriately for, you know, founder to compensate himself or herself way really rarely see that that overcompensation problems, but okay, but that’s, because there’s a big uh there are big disincentives and penalties if there is over compensation, right? Well, i think that’s partially the case, i think the vast majority of charities want to do a good job and served there been intended beneficiaries, so they’re not looking to overcompensate their executives unless executives are providing that return benefit that’s going to be felt by their intended beneficiaries. I don’t think we really get to a problem of excessive compensation, and less boards are using the organizations to pay off often insider and the charity is really running for private interests rather than public interests, and i think there needs to be laws against that, right? But that’s what? You and your finding that that’s quite rare. Well, yeah, i find it quite quite rare when charities are on the up and up about this. There are cases, though, and they aren’t as rare where charities are. Being misused for for the purposes of their insider. Okay, i i pulled listeners on this compensation question. Do you believe charity ceos should be paid comparable to corporate ceos if the organizations and challenges are similar and half said yes, and only about fifteen percent said no, and then there was a bunch of some explanations, which are i’m not sure i have a chance to get to but half think think, yeah, i mean, if the job’s a comparable pay the people comparably well, i don’t exactly agree with that, but what do you think? What do you think, tony? I do agree. I think that a cz long as we can have justification for why the why? The why? The salary is appropriate. The person you know, here she brings enormous talent or connections or, you know, has has had a big track record of success. Then i think it’s okay to go outside the comparables in the community. Why? I think you know that part is what resonates with everybody in this sector and why everybody’s cheering dan, or at least fifty percent according to our poll or your pole but here’s, the problem is that for-profit they’re not really limited to the compensation they can pay, they’re executives on dh public companies are there’s a little bit of an exception in there with security flaws that are involved there, but for the most part, for-profit compay whatever they want, teo executives now non-profits were given the same standards and allowed to go up to that level, then there could be a lot more abuses of about individual charities, even though i think even still the vast majority of charities would not misuse that compensation tool, but with a few bad cases, the media jumped on it, and then public confidence in the sector dropped. Yeah, i was afraid that there’s not going to be just, you know, attraction of mohr individuals into the non-profit sector, which is great toe open up the talent pool because more people khun khun, vie for these jobs that are paying a higher salary, but i think you know, the negative influence on the sector and the public trust, maybe mohr of ah, a detriment to the sector than the individuals that were attracting let’s go to another area that he challenges us on advertising and marketing and his concern. Is that the public doesn’t like to see donations used for advertising, right? Yeah, and i think you probably recognize that somebody who’s been involved professionally and fund-raising as well, tony, that that that donors may not really appreciate high advertising costs, although the impact of those advertising costs maybe very powerful dan is experienced with his breast cancer, walks, a bicycle rides, but there are some some concerns there as well. I mean, the legal rules that might be involved in that we’re not allowed to use charities, uh, to promote the private interest except incidentally, in furtherance of our public interests or our mission. And if we spend so much money on advertising instead of programs, that might be an indication that we are operating the charity for the benefit of the commercial fund-raising organization. So if just to give you a ridiculous example, if ninety cents of every dollar you donate to a charity was spent to offset the advertising cost, do you think you to donate? You know, even though the church may have got ten cents that it wouldn’t have otherwise received, i don’t think the public is going to be happy about that, and even if there were no laws prohibiting something like that, i think there’s a problem there if it occurs year after year after year, with a ninety percent overhead like that, ok, well, but that’s an extreme example, ninety percent right? And the money that you do devote to advertising could be used to increase scale considerably. As as you know, as dan describes in his breast cancer walk charity yeah, and that’s where i, you know, absolutely agree that we can’t we can’t just take a look at overhead and even look at it on a one year, two year, a three year basis and judge of charity based on that, maybe a seventy percent overhead would be justified for a couple years if we’re building up to scale a massive campaign and educational effort, there would be the question about whether the cost is actually overhead or programmatic in terms of educating the public as well. So that’s, really a lot of variables involved, but i think you do need some laws again to make sure that, you know, i don’t know if you received these calls, tony, but there used to be some some abuses here where? People would phone your residents and say, you know where charity that’s affiliated with the policeman or the fireman, you know, please loan it to us. A lot of times, those were run by commercial fund-raising companies that were taking ninety percent of every dollar, and the charities were not really exercising any oversight over it because they were just getting ten cents of every dollar that they would never have seen anyway. Jean, we have to. We have to go away for a couple seconds. We’ll be right back. Keep talking about the the ppa latto paul with a question mark, this is a question. Stay with us. Cerini yeah, you’re listening to the talking alternative network. 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. Have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. Dahna got lots more live listener love troy, new york. Portland, oregon. Havana, florida, san francisco, california, india welcome, india, you’re you’re location is masked. We know we know that you’re there, but we don’t know where your they’re welcome everyone. Guangzhou, china, shanghai, china ni hao on dh chou fu japan konnichi wa okay, gene, um, let’s, let’s, talk about the risk taking you and i are gonna have to continue this conversation. I can tell we’ll follow it up next month when you’re back, because it’s too rich topic teo, i think just covering just one segment, the next area really is is taking risks. What? What? What’s ah what’s dan pallotti is concerned there. Well, i i think dance concern is that non-profits are not taking any risks. We’re too stuck on the status quo, and that doesn’t allow us to scale the solve some of the big social problems, and we’re not getting anywhere by not taking those risks really important theme, i think that’s resonating throughout the sector i pulled listeners on this one is your charity or one you’re thinking of to risk averse in achieving its goals? In other words, would it have more? Positive outcomes in the long term if it took greater risks, fifty percent say yes and twenty five percent say no and then others had some comments. So fifty percent, of course we don’t know if it’s the same fifty percent of the time, but they seem to agree. But what is it in our by-laws gene that’s? Ah, putting a cap on risk taking well, there are a couple things. The first is the board’s duty of care, so they’re responsible for making sure that the use of the charitable assets are properly used to further the charitable mission of the organization and they have to use reasonable care of what would call and i’m scared of getting into jargon jail, but an ordinarily prudent person in like circumstances. What the hell is that? So it’s the average reasonable person who’s in charge of something like their own business? If they think it would be reasonable, expend their money in a certain way, then that’s permissible, right? But thea average person not not the adventurous, not the average adventurous person. Yeah, because you’re not using your own money, but you’re using charitable funds. We’ve got certain laws that prohibit you from being sort of wildly speculative, but there’s a really important, a sort of distinction to make first is you can’t breathe pretty speculative if the activity you’re investing in is completely in furtherance of your charitable purposes. But if we’re just talking about a revenue generating activity just like a fundraising event but not necessarily a new form of research for breast cancer, for example, but we’re talking about investing on a fundraising event. Now we’ve got a duty not to speculate and that that’s usually under state laws. So we’re supposed to not speculate wildly here, and they would be like investing just all of our reserve assets in one stock and sort of betting that apple is going to go through the roof instead of sort of pausing to think. Well, what if what happens if if apple stock doesn’t go through the well, let’s, focus on what you just said. You can speculate if it’s directly related to your mission. Yeah, you can speculate on a new program that that might do very well in advancing your mission or it might not. But that program is directly related to your mission. It’s not just the fund-raising program okay, yeah, all right, sure, but and then you, of course, you have the the board and, you know, we’re going back to boards tend to be conservative, and then you’ll have donors that, you know, we don’t we don’t talk a lot about failure in the charity sector and and if there isn’t a willing to fail, latto says, as you know, prohibiting failure is gonna kill innovation. I agree with that one hundred percent, yeah, of course, i mean that’s like an equation, yeah, but you’re going to have these prohibition if they’re not legal prohibition is going to have these sort of traditional prohibitions on risk taking and among your donors and maybe even among your board, yeah, and it’s a matter of educating our donors and especially hard board members to invest in that. So we’ve got to invest in educating our donors and boardmember so we can invest on innovation and tolerance of failures. You’ve got something in california unique, teo non-profits there that prohibits this kind of risk taking that puts a limit on it any way you want to say little about that. Well, in california, they’re special rules on how you prudently invested your income so again, it’s just a rule that says you may not speculate and mustn’t said, look to the permanent disposition of the funds considering the probable income as well as the probable safety of the non-profits capital. So if you want to invest in buying a coffee shop, you know that may not be a prudent investment if that’s where you’re putting all your money, even though there might be a very high upside to it. So, you know, it’s usually risk and return are related, and if you’re going to go high risk to get that high return and it’s purely and money investment, well, that’s going to be subject to those laws, if it’s a programmatic investments, then you’ve got some leeway there. Okay, now we don’t really have time to talk about the next to so we’re going to we’re going to hold those off dankmyer latto talks about time horizon and and attracting risk capital by sharing prophet, you and i will talk about those next time so let’s, spend a couple minutes. What would you like to see change, jeanne? Well, i’d like to see that i think the biggest point that that i made in the beginning is that overhead has got to be seen by the public first, something that’s not necessarily evil, overhead or high overhead if it’s used to build scale if it’s used to build solid infrastructures and systems, maybe a very prudent thing. I think in the for-profit world, if you’ve got venture capitalist looking to invest, uh, in some new business, they’re not going to want to see an organization that spent xero on overhead structure that business because it’s goingto say, well, that’s built on a really shaky infrastructure, you know, and maybe a foundation of straw that could collapse at any moment in the future just by going cheap now. So, uh, looking at overhead in and of itself is just a really bad way to judge organizations, and i think that’s the biggest message, maybe the secondary message is toe look att compensation and say, hey, we’ve got to be aware that the next generation is coming in often times with a lot of college debt, and if we want to attract people who have really good hearts into into the non-profit sector and there may be, you know, dirt. That month non-profit sector leaders as the baby boom generation starts to retire, we’ve got to really take care to make sure that that our compensation is reasonable enough for them to not have this luxurious life unnecessarily but have a reasonable life, especially in metropolitan cities like new york and san francisco, where it’s really expensive to live and i gotta factor those things in we have to leave it there. Gene takagi principle of the non-profit and exempt organizations law group you’ll find him at non-profit law blawg dot com and on twitter he’s at g tak e ta ke gene always a pleasure. Thank you very much. Thank you. We’ll continue the conversation next time you’re on next week, gary vaynerchuk you may know him as gary v he’s, a new york times best selling author. Very popular speaker, blogger and consultant. We’ll talk about his upcoming book, jab, jab, jab right hook i think i’m pretty sure we’re going to talk about these celebrities are a little tough to pin down, but i think that’s what we’re gonna talk about fremery a simple she’s, the prospect finder, our prospect research contributor and are doi n of dirt cheap and free research resource is, and she’ll have more of those two share next week. Check us out all over the web links air on my blogged at tony martignetti dot com insert sponsor message we have over nine thousand listeners, fundraisers and board members and leaders of small and midsize charities listening each week you can contact me on my blogged if you want to talk about sponsoring the show, i want to give away a social media road map. This is a booklet about a forty page booklet very informative and concise from amy sample ward so post on twitter to get this the social media roadmap i want you to post on twitter right now live listeners the first one to post on twitter using the hashtag non-profit radio i’m listening live too non-profit radio and be sure and use that hashtag first person who posts that gets a social media road map. Our creative producer was claire meyerhoff. Janice taylor is our line producer and the show’s social media is by regina walton of organic social media. 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, et. Talking alternative broadcasting at talking alternative dot com i didn’t think the student getting thinking to do. You’re listening to the talking alternative network. Get in. Nothing. Cubine hi, i’m donna and i’m done were certified mediators, and i am a family and couples licensed therapists and author of please don’t buy me ice cream are show new beginnings is about helping you and your family recover financially and emotionally and start the beginning of your life. We’ll answer your questions on divorce, family court, co parenting, personal development, new relationships, blending families and more dahna and i will bring you to a place of empowerment and belief that even though marriages may end, families are forever join us every monday, starting september tenth at ten a m on talking alternative dot com are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications? Then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com. We look forward to serving you. You’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. 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 friday’s one to two eastern on talking alt-right argast are you fed up with talking points, rhetoric everywhere you turn left or right? Spin ideology, no reality, in fact, its ideology over in tow no more it’s time. Join me, larry shot a neo-sage tuesday nights nine to eleven easter for the isaac tower radio in the ivory tower. We’ll discuss what you’re born 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 e every time i was a great place to visit for both entertainment and education. Listening. Tuesday nights nine to eleven. It will make you smarter. Dot com. Hyre

137: Followship & Social Media Boundaries – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Allison Fine, co-author of “The Networked Nonprofit.”

Gene Takagi, principal of the Nonprofit & Exempt Organizations Law Group

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

View Full Transcript
Transcript for 137_tony_martignetti_nonprofit_radio_20130412.mp3

Processed on: 2018-11-11T22:58:52.296Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2013…04…137_tony_martignetti_nonprofit_radio_20130412.mp3.43235077.json
Path to text: transcripts/2013/04/137_tony_martignetti_nonprofit_radio_20130412.txt

Dahna hi there on. Welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent. I’m your aptly named host. Have you read it to review the show on itunes? If you haven’t, i’d be grateful if you go there. I know you don’t have to go back once you subscribe, but i’d be grateful if you would make the trip here’s what some people are saying in reviews gold for non-profits the best non-profits show period although that person had eclipsys after that period. So it’s period eclipsys i’m amazed at the variety equality and depth of his interviews. That person probably thinks i’m shallow. Otherwise he wouldn’t have been amazed he should just be fulfilled and his expectations being met. You have no idea what the trouble i went through to put those three reviews up their different accounts, i had to go to a public library, use the computer there. So please supplement those three that i put up with with your own one two, five star rating and and review the show. I’d be grateful. This is friday, april twelfth and i very much hope that you were with me last week because i would develop acute pancreatitis if i heard that you had missed talk between the generations. Phyllis weiss haserot president of practice development council, is a consultant and coach in cross generational communications think sixtieth, sixty ish boss and twenty five ish employees or seventy year old fundraiser and thirty year old donor-centric ship, phyllis had strategies for understanding and working across the generations. This week, followship alison find, co author of the network non-profit, has been thinking lately about opening organizational culture to allow non-profits to be more reactive to the interests and motivations of their followers, while still keeping oz insight and she’s going to share her thoughts. Also, social media boundaries. Our legal contributor, jean takagi from the non-profit and exempt organizations law group neo suggests rules for your use of social media it’s not a free for all for your employees and volunteers, jean will help you stay out of trouble between the guests on tony’s take two. The irs is still using form nine ninety to inquire about your compliance with state charity registration laws. Sounds thrilling, but i can make a lot more interesting than it sounds. My pleasure now to welcome alyson find she studies and rights at the intersection of social media and social change. She’s, author of the award winning book mo mentum, igniting social change in the connected age, published by wile e. Her latest book is the networked non-profit co authored with beth cantor, also widely published. She’s, a contributor to harvard business review online that’s at hbr dot or ge she hosts a monthly podcast for the chronicle of philanthropy called social good. I have one of those, too, and she blog’s a fine blawg at allison fine dot com. They’re two l’s in allison on twitter, she’s at a fine allison with two l’s welcome to tony martignetti non-profit radio. Thanks for having me, tony. I’m delighted to be here. Thanks, alison. Um, you work at the intersection of social media and social change. It sounds like a crossing guard. Yeah, what’s their what’s it that intersection well on off a lot of activity, uh, and a reshaping of institutional life right now. Uh, whereas what used to be on the outside for institutions are in use on the insider is out and that’s the kind of changing of the contours in the landscape that i’ve been taking a hard look at the last several years. What do you mean what’s in was what’s out was in what it’s in is out? What do you mean by that? Well, so imagine tony, you’re running a small social service agencies surety and there are bloggers out there and tweeters and a whole bunch of other folks who are interested in your issue and they’re looking hard. So those folks who used to be on the outside not really able to see inside are poking around now, and they’re talking about your issues and they’re talking about your organization and on the other side, the staff of organisations, whether organizational leadership of likes it or not, are on social media channels and talking about the organization. Well, so what used to be on the inside is now on the outside, uh, and what it does mainly for very traditional non-profit leaders gear the heck out of them. Yeah. There’s ah, right. Scaring about scared about losing control. Yeah, they already lost control. Go continue to care that they’re going to lose it. Okay, on dh. What are your thoughts around? Followship? What do you mean by followship? So now we’re looking at an environment and ecosystem where organizations are flatter, some by economic necessity and others because they’re using social media and networks better and, uh, there’s this changing relationship, as i said between inside and outside and the reality is tony, that people who are open toe helping causes and non-profits aren’t sitting back on their couches waiting to be told what to do, they aren’t waiting for the latest press release to come out, so smart organizations are understanding that in this new environment they have to lead by following their crowd and it’s a very different dynamic. It doesn’t mean they’re not leaders right there setting big goals and saying to folks were trying to get from here, there, you know, we’re trying to end homelessness, we’re trying to reduce obesity, whatever the big goal is, but we need you our crowd to help us get from here to there, and you’re going to do that by being creative and energetic and working side by side with us. But why do why does why do i, as the leader of this very well run? Stewart lee run very efficiently run very productive social organised social service. Organisation that that i’m head of why do i? Why do i need to follow? Don’t i know the goal? What you say you like to say, oz and and how best to get there? I mean, i have a strategic plan, i have a board we’ve we’ve interviewed like minded agencies in the town, in the in the community, we’ve included our community in those interviews to produce that strategic plan. I mean, i think i know best i’m sure you d’oh uh, but the bottom line is, tony, you might think you know best, but social problems are enormously complex. We aren’t making progress in a lot of areas, and if organizations are very honest with themselves, they’ll see oftentimes the lack of progress and we can’t do this work alone, we have got to do this work in communities with communities, and the only way to do that is to treat people as part of your effort, not the foot soldiers doing on ly what you asked. So you’re taking a look at the fact that, uh, things like hunger and poverty and homelessness and domestic violence and climate change any literal way economic we’ve been at these things for generations, you know, so look, over the last thirty years, the needle hasn’t moved on these things, not because we’re not trying, not because there aren’t smart people doing the work, but because they are enormously difficult to solve, and institutions alone can’t solve them. It’s very dismaying to me is i think about all those things that we’ve been at for for generations, but don’t be dismayed, tony, because the great news is we’ve got this, you know, very vital, robust, energetic new way of looking at the world using our social media tool kit oh, and engaging networks of people to do great things, but you’re very encouraged, okay? But you’re concerned also, that people are that leaders are not engaging in the right way. They’re more following their their written strategic plan or they’re they’re treating as you suggested constituents as foot soldiers, you know, do this now, volunteer now sign the petition now. Donate now come to our event, uh, and and and they are exhausted. I spoke to over five hundred social service leaders in wichita, kansas yesterday. Lovely, lovely people. And they are exhausted, tony and they are struggling financially and they’re getting burned out and this is a large reason why pushing the boulder up a hill by yourself as a siloed institution is not an effective way of working. Okay, we don’t have to do it anymore. We have an alternative. Okay, followship is our alternative that’s? Exactly right? Okay, i’m not just made anymore. I’m already uplifted and just just ninety seconds you turn me around all right? So you want teo, you say, you know, take down silos, break down walls, open the culture wei have just like two minutes or so before our first break. What’s our what’s, our first step we need to know where these people are, what they want to do. The first step is listening. Yeah, right. So the first step is once you have come to the understanding of i need to work different, like, you know, there was a world out there that i can connect with. But i have to do it in the right way. Then you begin by listening. What are people out there talking about in regards to my issue and regards, maybe to my institutions. And how can i best help them more listening than we did in the interview’s for creating this music plan that’s exactly right? I’m in a more natural wave of listening through conversation like tony, right? This isn’t a science. This is being human and asking people tell me what you think. Tell me how we’re doing. Tell me why you were dismayed last year when we didn’t do act. I really think social media provides an opportunity for us to re humanize ourselves out there. So i, as the head of this social, i’d like to be ceo of a rather executive director. Okay, president, ceo of this social services so i khun b or i should be engaging directly. Well, you know, social media is not a spectator sport contact sport made everybody hands on and in order for you to run your agency, i think you’ve got to be engaged with your community. All right? I don’t want to break my collarbone. No, like that baseball player did just yesterday. That would be bad. That was just too much contact. But you can’t go on injured reserve. We need you on the field. Okay, on doubt. I mean, i could be having face to face conversations with my folks, too, right? Yes, thanks for the reminder. I never, ever want to give anybody the impression at social media, a substitute for in person engagement. It augments it, it never, ever take the place of it. We’re gonna pick up right there. We got to go away for a couple of minutes. I’ll have some live listener love when we come back and continue this conversation with alison, fine about followship. She’ll stay with me, and i hope you do, too. Talking alternative radio twenty four hours a day. Are you confused about which died it’s, right for you? Are you tired of being tired? How about improving your energy strength and appearance? Hi, i’m ricky keck, holistic nutrition and wellness consultant. If you have answered yes to any of my questions, contact me now at n y integrated ghisolf dot com or it’s. Six for six to eight, five, eight five eight eight initiate change and transform your life. 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. 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 konnichiwa live listener love to tokyo and support of japan. Konnichiwa. Welcome back to big non-profit ideas for the other ninety five percent. Live listener love also california. We got san francisco and tustin, california. Welcome, san antonio and clifton, texas live listener love to you as well on dh lots of others to come. All right, alison, what should we be listening if we’re gonna be listening? We need to be asking questions of the folks who are connected to our to my cause. What? What? What questions should i be asking? Well, it’s it’s going to depend entirely on your particular cause, tony and and where you are and your life cycle of your organization you just starting. Are you? You know, more mature. I really strongly encouraged people to actually start by just listening and not speaking. Not something that we are taught to dio anywhere. I didn’t take a graduate course in it, did you? No. And in fact, when i was in the dark days when i used to practice law, i was i was always upset that there wasn’t a billing code for listening or thinking that was another there’s never a code for. Thinking i always had to be doing something, producing some documents, some delivery ble what couldn’t i just bill half an hour for thinking about your case? I couldn’t do it. No, i i understand that. And we, you know, in the nonprofit sector b value, dizziness, a great deal. Uh, but it’s very important to get a feel for what people are talking about, what they’re passionate about, what they’re interested in and then to begin to practice asking questions. There’s a great irony, tony actually have to remember howto ask a good question because organizations aren’t good at it we’re so used to broadcasting, though, used to wrapping up ourselves and talking points that are closed, that learning how to honestly openly, authentically asked a riel question that you want to know the answer to that you don’t already know the answer to take some practice. And, of course, this all feeds into riel engagement in the social networks. Exactly. Exactly think about it, tony, think about the number of times you’ve been approached by a non-profit right that there is a they send you a press release or they send you? Ah, you know, direct mail piece. And those aren’t conversations, right? Those they’re just messages being sent at you. You know, it’s a broadcast broadcast right now think about the difference of if you got from somebody who said, you know, i know that you came to our event last year. Um, how’d it go for you? Would you think about it? What do you think about us? What can we do? Better but that’s a conversation. Okay, okay, now we need to ah, keep our goals in sight. Um, you’re just you want us to be you want me to be flexible and how i get to them. That’s exactly right. There’s a group called epic change epic epic change. Okay, they are raising money to give to for global poverty alleviation. And the way they go into every year is they create a facebook group. They invite their, you know, folks duitz expressed an interest in their cause or rather than few fewer into the group they here’s the goal for the year. We’re trying to raise x amount of money or we’re trying to work in a new country. How we going to do it? How we’re going to get from here to there and people really engaged, it takes those great facilitation skills. That’s what followship is all about right? It’s, not the wild west you’re not just letting it go anywhere it wants to go. You’ve got to be a great cocktail party host to make that happen, right? Keeping the conversation going, but it really is being respectful of the creativity and smarts of your supporters and engaging them in a process of getting you from here to there. What am i going to say to my board that looks at me let’s say this is a five year old agency and i’ve got ah, oh, seven hundred fifty thousand dollars annual budget, right, trying to keep it fairly modest, but, you know, i’d like to have achieved something in five years for pete’s sake. Um, my board expects me to be the leader. What am i going to say to them when i’m asking when i’m asking them to allow the agency to be flexible and taking tio not only take into consideration, but follow the follow the lead of the crowd? Uh, with so if you have a very skeptical board, which would be a shame, right? We really got to think about who serves on board and and why we keep packing them with so many lawyers. Yes, much bigger topics for life, right? Because, lord find on certainly uncertainty very, very unsettling. Yes, you well, now. Ah, so if that’s the kind of bored that you have, what i strongly recommend is that you try followship as an experiment, take one small area in which you work for this year, maybe it’s one fund-raising event, maybe it’s one new program or revamping an existing program and try out the idea you’re not throwing the whole organization out. You’re continuing with the things that work. But you are figuring out a new way to work with people that will be particularly appealing to younger supporters. That’s, i think, is the case you could make any board. Okay, we’ll take it and we’ll take it in bite-sized pieces. Could it be? Could we do this around an event? Absolutely. You had suggested the event earlier. How do we do have a wee look what could have done better? Think about the difference tony of posting on facebook from a group that you’ve liked that says march nineteenth is our gala dinner buy your tickets now from a post echo’s up six months earlier that says we’d like to do a spring event. What kinds of things have you been to lately that you like? What kinds of things do you think we could do and start a conversation about it? Which one do you feel more excited about? Yeah, i’m going to participate in the latter. Mohr you engaged me now i have a pretty sizable ego, though. It’s gonna be hard for me now. All right? So you’ll help me persuade the board. Now, i have to now have to persuade myself that i don’t have all the answers in our community geever so if you feel that you have all the answers, i would suggest social change work is probably not a good fit for you. Therapy is probably wise psychiatry, perhaps even psychotropic drugs i’m already using them. I’m afraid already on psychotropics led me to this delusion. This is really, really hard work now, okay? It doesn’t mean that we don’t need mars confit and people running organizations. Of course we do. But if their ego is so large, they don’t allow other people. To help them solve large community problems, and they’re not going to get very far because these are collective problems that need collective solutions. You’re critical of president obama’s campaign back from two thousand eight what what happened there? I don’t think so much in two thousand eight is as opposed to this last one, so two thousand eight it was great fun, right? They let people come in and gave them a menu of things that you could do and let them go, which is great then they forgot about them once they got elected. I didn’t quite know what to do with a multimillion person proud once they got into the white hot right house because, you know, forbid somebody should talk about marijuana or something that made them uncomfortable. So they put them all into a direct mail, dona base and that’s. What they did this last election cycle was that they had a very clear, tightly controlled, um, ways of managing people as fundraisers and as voters. And that was it. So i found the last cycle enormously disempowering for people. Zamora how they treated the two thousand eight followers. Exactly in two thousand twelve you don’t really think you’re so smart and creative anymore. We don’t really need your help that way. All we need are your checks in your vote. People have a lot more to give them that ego. We know it now. We’ve been in office for years. We know what we’re doing, we know what we’re doing, and we’re going to control this thing to get from here to there. Allison fine is and author most recently of the network to non-profit, which is widely published and that you can find it on amazon. You can also find it on the barnes and noble actually found it a little less expensive at barnes and noble. Um, and i want to send some more live listener love, so to new bern, north carolina, frederick, maryland, and lasalle, illinois live listener love we have listeners in china knee how that’s from shanghai and hei bai, the asian continent very well represented for tony martignetti non-profit radio. Thank you. I’m glad you’re with us week to week. Um, alison, do you think a a presidential candidate could emerge from the social networks? I think what we’re going to see tony is we’re going to see it start at a more grassroots level. We’re going to start to see some layers around the country and then some governors who come up this way. Uh, it’s too hard to try to scale this at a national level first, i think, but you’re going to find somebody who’s very good at this. And, you know, rand paul could be that person because the tea party really get followship or there really are they particularly grassroots organizing online in a way that other people down they are particularly good at online engagement there. Fenton, stick at it. How so? What? What does that they do that you admire? Uh, they allow lots and lots of people to talk very loudly. Right? So being loud doesn’t bother them at all. A part of their dna. Being loud bothers other organizations and awful lot. It scares them. They support local organizing without having a need to try to control all the local organizing. They’re fried or foundation does the same thing right gives you an idea of what you should be doing. So the local p party talk. About these kinds of things, but when and how you do it that’s up to you say the name of the foundation again. You cut out. I’m sorry. The surfrider foundation. Thank you. Surf rider. Okay, they’re fried. Er it’s a non-profit thirty five years old in county started in california to provide coastal cleanup. They have hundreds of, um, chapters around the country. And tony, they basically let them do what they want to do. If you want to mash up our logo, go ahead. If you want teo street cleanup this year instead of coastal cleanup, go ahead. And in the end, the spokes do an amazing amount of work on dh. Just engage thousands of volunteers in this third rider. Like the tea party, i understand that you can provide big goals. You can provide the contours of what we need done and then let people go. Those are excellent examples. I never thought of the tea party as as such a good example of online engagement. But yeah, everything you’re saying is true. They do. They said broad outlines and and then they have hundreds of local activists and i mean and low under the local. Chapters and they’re not worried about descent. They’re not worried about disagreement, they’re not worried about some yelling. You know what happens to awesome with organizations, tony, is they’re so concerned about anything that smacks of criticism that they find it very difficult to step outside in unguarded ways. All right, um, the strategic plan that i’ve mentioned that we my organization spent about twenty thousand dollars on for a consultant to help administer and do the interviews and coalesce, and we had that nice powerpoint deck that they presented to the board a year ago. What am i going to do with my strategic plan? Throw it out. Oh, allison, fine, i said i was being very polite when you mentioned it the first time, and i didn’t bring it up. What a waste of money it was. Well, all right, let’s, talk about it now, because i’ve got my board on board and i’ve set my ego aside. That’s a very big step. Yeah, but it hasn’t solved the problem yet, right? So look how many groups you know that spent all that time and money on a strategic plan. Do everything in the planet at the end. Go the boy. That was the best thing we ever did. All right, maybe one or two over my career. Mainly. What you hear is holy, who spent a lot of time on that thing for sure. And in that process, you know, closer to your community as an organization, right? You had an outside or talk to them a zoho you couldn’t talk to them, which i don’t underst dan oh, that’s interested? Yes, i can’t talk to your community. That’s the core got a scientific approach, tio data collection because that’s the corner of their plan. You know, i was a program evaluator for a long time, tony. So you know, i have respect for people who collect data, but to say that you need an outside to come in and interview stakeholders for your organization, as opposed to the conversations you should be having every day with the people who are most important to your efforts. I don’t get it. And then the worst part, though, is pretending that we can project out years at a time. Right now, when anybody who’s successful in business will tell you right now that you can’t plan out more than a year? You just can’t your troublemaker. I am okay. And i’m small, so people really kind of leave me alone. I admire troublemakers. I like things to be shaken up. It’s a school during you call a pot stirring okay? During, right? Something that pops. Not so much troublemaker. All right, i’ll call you troublemaker. You call yourself a buster? How does the occupy movement do? Just we just have about two minutes left. What’s your assessment of them. I think that, uh, i think it’s fascinating. I think they did a great job of turning out. Ah, lot of people. But i think of that kind of organizing tony like a pointillist painting. It’s one dot and it’s going to take a lot of dots over a lot of time for that thing to mature. It’s. Not over yet. It’s just in its infancy ilsen. Fine. I hope you’re going to come back. My pleasure, i hope. It’s been my pleasure talking to you. Thank you very much. Alison. Fine. Her latest. My pleasure. Her latest book, the network non-profit co authored with beth cantor. You confined it. Amazon. You can find it at barnes and noble and on twitter, she’s a fine thankyou again, alison. My pleasure, tony talking. We’re gonna go away when we come back. Tony’s, take two about some charity registration technicalities and then social media boundaries with jean takagi. Stay with me. Ditigal lending the dude in the good ending, you’re listening to the talking alternative network e-giving. Nothing. Cubine 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. Hi, i’m ostomel role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m. We’re gonna have fun. Shine the light on all aspects of music and its limitless healing possibilities. We’re going invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com. You’re listening to the talking alternative network. Lively conversation. Top trends and sound advice. That’s. Tony martignetti non-profit radio. And i’m janna agger’s, senior vice president, products and marketing from blackbaud. Dahna and i’m tony martignetti tony martignetti non-profit radio time for my take to taxes are on everybody’s mind april fifteenth coming up so i’m talking about the tax form that charity’s fill out the nine, ninety and between that form and one of its schedules, there are two questions that probe your offices compliance with state charity registration laws, which i always think is interesting that’s a federal agency questioning whether you’re complying with state laws. It’s not a good idea too fudge on those questions because you’re nine, ninety assigned by an officer under penalty of perjury. So you want to be conscious of your compliance with those registration laws in each state where you are soliciting donations, it’s not enough to just be registered in your home state if you are soliciting in other states. The post on my block is irs continues inquiry on charity registration compliance the block is that tony martignetti dot com and that is tony’s take two for friday, the twelfth of april fifteenth show of the year jean takagi is with me he’s, our regular legal contributor to the principal at neo non-profit and exempt organizations law group in san francisco he edits the popular non-profit law blogged dot com, and he is at gi tak gt. A k on twitter. Jean takagi, welcome back. Thanks, sonny. How you doing? I’m doing well, pleasure to have you back, it’s, good to talk to you. We don’t want to need to set some boundaries around social media. Why do we need more than just sort of usage guidelines? Well, let me first get some of your opening comments, tony, dark days when you’re a lawyer. Oh, yes. So you have a song about just go i jean i you know, i i love that you love the practice of law, it did not do for me what it does for you, but i appreciate that, tony, it definitely isn’t for everyone. And i heard alison’s comments as well about lawyers finding uncertainty unsettling on probably being deal breakers and, well, now i don’t think she said, did you say deal breakers? I know should i sort of added okay, well, let’s, not let’s, not put words in my mouth because defamation is one of things we’re going to talk about your there we go. So part of the reason why you need you need rules in this game. And so i actually agree with ours that lawyers do find uncertain uncertainty unsettling, and we can sometimes be deal breakers, which are my words and part of the reason why is that? Because if we give advice, tio some organizations and, you know what, consultant were to give that advice and has ninety nine percent effectiveness and ninety nine percent of the organisation it works really well, there is that one percent it might not work well point, and they might actually get in trouble using that advice with the lawyer we can’t afford to do that. We’ve got to make sure that we’re protecting one hundred percent, which means we can’t quite be is aggressive in some ways in other ways we can let organizations and our clients know how we can empower them to let them know what is okay to do and that they should feel comfortable doing it, that it may be part of theirs, their duties in terms of furthering their mission in order to engage in those things. So that’s one of the reasons why, why we wantto have rules so there’s a better understanding of how to play this game of using social media. And, you know, i think, tony, when you play any game, we should read the rules first, right? They understand what you’re doing. My favorite game is monopoly. I don’t like other players to read. The rules just, you know, yeah, i know. And then and then, you know, i have a good eye use the rules of sort of guidelines, and then, you know, i’ll borrow a little from the bank and things like that, you know, at below and at below market rates and things like that let’s go actually into a couple of those things that you talked about borrowing money from the bank, okay? Let’s say, you know, we organize this nationwide effort and have our volunteers go out and create different events fund-raising events in, uh, in different locations throughout the country, on behalf of our organization and furthering our movement. Well, let’s say, we’ve got ten of these things going on in seven go really well, can we gene, can we taken example? I’m thinking of ah, move on dot or ge, they are frequently get their emails, attend an event in manhattan or the bronx or, you know, can somebody in well, they know that i’m in new york, so they don’t ask me to host elsewhere, but they’re certainly doing these things throughout the country. Yeah, and a lot of organizations are now using facebook and and other platforms toe mobilize their supporters throughout the country, right? Okay, so, you know, let’s, say it’s an organization that’s like move on that that’s got a nationwide presence with a lot of supporters throughout, and they’ve got some active people in different locations again, let’s say they’re ten events and seven go without a hitch and raise a lot of money for the organization. But one of the things you asked and when the things you talked about your take two is, are they registered in those states in which the volunteers there suddenly engaging in these fund-raising activities? Because if they’re not, that can get them into trouble, right? Tony, i think you know better than anybody it can is the now the volunteer yeah, they’re volunteer is acting as an agent of the of the organization at that point. Or is that? Is that a question? I think that’s a question and, you know, the more that the organization is telling the volunteer on how to organize the event and what rules should apply to the event and how the money should be collected and forwarded to the charity, i think it looks more and more like it the organization’s event and charity registration has got to be something that considered okay. Now i’m skirting jargon jail. We haven’t talked about jack in jail for weeks. I’m disappointed too many. My guests are plain talking, plain language. I don’t like that like abstruse language talks over everybody’s head. So why don’t you help define define for me? Because i said, are they an agent, but that that actually is a term of art has legal import, doesn’t it? Yeah, so generally an agent is acting on the authority and on behalf of the principal. So if i ask, skew tony and you are except that you’re going to make a donation on my behalf, another charity and i give you the money to make that donation. You’re acting as my agent, your not making your own donate donation of money. You’re donating the money on my behalf. You have certain responsibilities by taking on that relationship. I’m the agent and you’re the principal in that example, correct. So if the charity tells a volunteer agent to start fund-raising them and organizing an event on their behalf, then it’s really the charities event and the volunteers acting as their agent, which means the charity has responsibilities in that jurisdiction. Okay, okay, so the other things that you raised is, well, what if somebody just took off with the money? But if you’ve got a volunteer there but you have no staff presents there and you don’t really know this volunteer, you just sort of engaged with them online, and all of a sudden they’re holding this event for you, and they take off with the money. Now, what happened? What did you do? What? What? Showing a reasonable care did you take to make sure something like that wouldn’t happen then the awful thing is, what if somebody gets hurt at this event and right? And now in this case, it doesn’t even have to be an event that is a solicitation event like maybe we’re just we’re just rallying the troops, but we’re not asking for any money we’re not soliciting, just trying to maybe we’re all watching a video together or it’s some, you know, kind of activist activity, but but no money is changing hands. Go ahead. So something else could happen. Yeah, exactly. Right. So whether it’s just being an educational event, uh and you’ve got some people out there, they’re gathered together under the charity’s name and you know, they’ve gotten together and maybe there weren’t any steps, teo, prevent some risks or maybe it’s like a walkathon, so maybe it is a solicitation event that’s part fun solicitation, but there weren’t these risk management steps that were looked at charity. The cherry didn’t really take any step to make sure that no harm’s could be prevented that were reasonably foreseeable possibilities of that. So those are things that charities have to think about when they start to mobilize their supporters are are the supporters holding their own events? In which case do do those people after register in order to fund raise for another charity? That might be an issue as well? Or is it the charity’s own event, in which case the charity’s got to think about registration and also creating rules of the game again that have to do with holding that event to make sure that the people who attend or the people who have money get solicited are protected? I’ve got two troublemakers on the show today you’re a lot of trouble, gene, you’re asking a lot of questions? Let’s, try toe help with some answers. What? What? What do you know? Right now, we know what we have to think about, but what are we going to do should we not be hosting these events? Or is it cannes insurance help or we need we need written regulations about what volunteers khun do in other places. Where we supposed to do? Yeah, i think we’ve got to figure out first two’s event is it? Is it the charities event? Or is it the individuals that are gathering together that are raising funds on their own? And if they’re raising funds are their own? Are they going to get in trouble? And should we try to help them understand what their responsibilities are in what limitations there are for them to start raising money on their own without being under the umbrella, if you will, of the charity so rules of the game, first who’s event is it, and if the charity has authorized and encouraged it, it should try to protect those people who are going teo organize the event as well as those people were going to attend the event and having rules there instead of just guidelines makes perfect sense to me, you know, you you’re not allowed to, uh, you know, serve alcohol to minors may may seem, you know, very simplistic and obvious, but sometimes when you’ve got volunteers who you’re unaware of, you’ve not screamed, not interviewed them. Um, you’ve got to be really explicit about what’s, okay? And what’s not okay, even if you think it’s obvious. So rules of the game and rules of the event, i think there’s something that you have tohave in-kind also have some people, you know, on the charities staff that or they’re volunteers, if they’re in all volunteer organization really think about risk management of that event, what risks are involved? And should we take steps like having a first date? You know, kid available or having some people there are having a written release and waiver of liability form that all event participants find those air things to think about? And then the charity registration thing on top of that, if it’s an event of any significance, i think you have to really seriously think about that and probably by your book, tony. Okay, or have me register for you. There you go. Now what if the agent doesn’t follow the rules, then? Is the organization protected at least? Well, maybe, maybe not, but what could i have got any colonization playing the agent and sue the agent? But whoever got hurt from that if its a charity, that man is going to kind of everybody. And if the charity has a deeper pocket than the agent and if it’s, you know, just day ah, volunteer who may not have ah, a lot of that worth and the charity may have a deeper pocket, and the plaintiff lawyer will go after the charity in that case and if they’re not register stirred on top of all of this in that state, it’s going to look even worse for the charity in terms of saying, well, you know, we tried our best, and we just didn’t you didn’t weigh had rules, but but the the solicitation was illegal because the charity wasn’t registered in the state. That looks bad. Yeah, your insurance company might, even if you have insurance might say, well, you’re operating illegally. We don’t ensure that well, okay, uh, okay. So we we strayed a little bit from social media, but that’s fine, because we’re talking about events which might be propagated through social media. What about more directly, you know, the advocacy advocacy online? Sure, i mean, i guess he’s a big thing for for non-profits and i’m just a big proponent of non-profits engaging in a lot of advocacy to further their their mission, but social media channels again allow, you know, a lot of questions to rise, like whose message is being sent? You know, we’ve allowed staff members and volunteers in this kind of followship model that that alison is describing in and where everybody’s is contributing, are you going to be sending conflicting messages? And are some of those messages going toe actually be attributed to the organization and not be a communication of the type that the organization is allowed to do? Like an election eri and communication worth jargon jail right durney election hearing endorsing a political candidate which a five a one c three cannot do, but an individual can do so it gets a little grey when an individual uses an account that has the organisation’s name somehow attached, whose account is it? And is that communication? Ok, ok, but what about i mean, alison was sort of seeking feedback from from the community, i mean suppose someone uses their own account to post something on the organization’s facebook page or or points ah, address is a post on twitter to the organization that i mean that’s what the person’s using their own account? Yeah, i mean, would that be ok, though? That’s the organization is not responsible for that one, is it? Even if it’s just on their facebook pages, somebody else posted it? Well, let’s think about that. What? What if it was a really defamatory statement against somebody? Or what if it was endorsing a candidate for political office, tony and the organization has control of that facebook pages being able to delete that comment out of there, should they do it? Or should they just let it sit there? My my feeling is conservatively, you’re going to want to delete something that would be illegal if the charity had posted it itself. Obviously, you don’t want to show opinions and participation of your supporters on the facebook page, but you don’t want, you know, people the flame or defame others, and you certainly don’t want, uh, charity metoo attributed with endorsing candidates or engaging in some sort of private benefit that that benefit thie organizations, insiders. Those can all get the organization into a lot of trouble. We’ve got to go away for a couple of minutes. When we come back, jean run, and i will keep talking about the social media boundaries. And i’ve got some live listener love for the korean peninsula. Stay with us. You’re listening to the talking alternative network. Latto 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. Altum have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. Welcome back on io haserot for soul, young son and day, john korea on your haserot. Dahna. As i said last week, especially south korea, in our thoughts, lots of saber rattling, you know, i saw i saw seventy something interviewed, and he said, the north is just like a schoolyard bully. It’s, no big deal. Andan. I saw a twenty something interviewed, who said she was nervous and pays attention to where exits are. When she’s, when she’s in buildings. So, anyway, are our thoughts are with you, south korea jane. Let’s, let’s see about okay, so let’s, continue with this online. The all these questions about online your you think that? Ah, non-profit should delete things that it wouldn’t be able to print or ah, post itself on, say, facebook or twitter? Yeah, i think it depends on the channel that you’re using. Sometimes you’ve got listservs where you’ve got a charity, that’s decided not to moderate the contact content, but put in disclaimers that might be one set of rules that applies. But with your facebook account, i think you’ve got to be be careful, especially if it’s a page that’s under the control of the charity, if their comments on there again, that would be hurtful to the charity or hurtful toe. Others that’s something that you might think about the leading, and if it’s obviously going to be in violation of of laws, you’re going to want to report it. You know, it’s against facebook zone privacy or policies as well, but to protect the organization, i think that’s really important, and that gets into what we were talking about earlier about defamatory statements, um, could also be is like harassment? Yeah, absolutely. So you’ve got to be careful, there’s. Some sometimes employees or even managers will use social media channels now to communicate with their people that report to them and got to be very, very careful that they’re not sending messages that if they communicated in real life or by email. This is not all of a sudden. Better because it’s being broadcast on social media. Aren’t there also issues around posting other people’s content? Either me either an excerpt or even just linking to it let’s talk about that? Yeah, it’s a great question. Tony gets a little bit confusing when we’re talking about copyrights on copyright protection there a lot of non-profits out there that are just accepting from other sites and thinking that as long as you attribute that that source that it’s okay, and that might not just be content written content, but that could be photos and music as well. The company presentation, you got to be careful because somebody else owns that content, and just because they’ve published it on the web doesn’t mean they’ve given free permission for anybody else to copy and use it so that can get organizations into trouble. There are some some exceptions for fair use, uh, which might involve charity or commentary or criticism on sometimes for non-profit educational purposes, but that can get really big. Ah non-profits really want to know what they’re doing when they are borrowing or accepting content from other sites or from other individuals, and then suddenly posting it on their own and again, even with attribution that that may not be sufficient. Yeah, attribution doesn’t hear it. So you’ve got to make sure that either you’ve gotten written permission to use that content or you’re using it in a fair way that would not create an infringement liability issue. Okay, but those fair, those fairways, those those are the exceptions that you were talking about in fair use and they’re pretty pretty well defined. Well, not so well defined. Well, ok, they’re specific categories. Yeah, and they’re definitely enforced in different ways in different jurisdictions. So if you just read, you know, website resource on fair use don’t rely on that, but i do encourage all non-profits if you are borrowing or accepting or commenting on other people’s content and putting it up on your own sites to make sure you understand what the rules are, so do look some good, you know, reputable web resources for that and then move on from there in california, we’ve got an organization called public counsel that’s got excellent information on copyright and fair use, and i think other other states organisations could probably look at that stuff as well, because some of the state laws will be similar and just get a general idea of what the rules are and that’s a public counsel c o u n c l e that’s, right. Okay, just a couple of minutes left before we have to go away. Gene. So if there is a violation or something you’re you’re just concerned about you talked about deleting the post, what else should we be conscious of? Well, i think the important thing, especially on a governance levels way talk about board board duties now, tony is the board to develop a social media policy for the organization, so now they think and delegate the drafting out to management, but to have a social media policy and to make sure that everybody using social media on behalf of the organization understands what the rules are and what the risks are, because those those volunteers and supporters want to do good things for the organisation for its missions, they don’t want to go get the organization into trouble, but what happens is oftentimes they just don’t know what the rules and risks are, so educating them through a policy have guidelines for sure, but also have solid rule in place that don’t allow them to. Do things that would violate the law think that’s critical, just like thirty seconds left. Jean how about apologizing on the site where the violation occurred? Sometimes i can work, some sometimes can get you into more trouble, so you know, sometimes you’re just during the pot even more tomorrow how allison’s, where then? And that can create more more divisions, so it sort of look at it on a case by case basis. Look, a senior management, the american red cross put out a tweet before that says this was a rogue treat that says, when we drink, we do it right getting withered. This was a mistake, somebody using their personal account and thought they thought they were using their personal count. Instead, the american red cross account american red cross immediately came up with an apology that said, we’ve deleted the road treat, but rest assured the red cross this sober and we’ve confiscated the keys, humor, apology and everything worked out just fine. All important points to keep in mind. Social media is not just a wild west gene takagi principle of neo, you’ll find his block at non-profit law blogged dot com, you’ll find him. On twitter at gt a kg tech gene, thank you very much. My pleasure to talk to you again next month. Got some final live listener love teo taiwan we don’t know the city, but taiwan welcome and ni hao next week a conversation with amy sample ward reduction part do we’re talking about her new book co authored book social change? Anytime everywhere we started last month and there’s more to cover about your fund-raising calendar and social media. Andi, i’m hoping for a special appearance by tim amy’s, dad hoping we can get him to call in like to have a little fun with tim sample we’re all over the social web can’t make a click without lador a spark a testa trying to say, smacking your head hard into tony martignetti non-profit radio pinterest for example, i’ve got boards for the show and my blogged my favorite board on pinterest, though that i’ve got is women leading non-profits lots of videos of female non-profits ceos like abby falik of global citizen year and marry in wright edelman of the children’s defense fund. If you can suggest some that are missing, please do our creative producer is claire. Meyerhoff sam liebowitz is our line producer, but not today. Today, the line producer is janice taylor. We don’t have an assistant producer, but we struggled through. Janis filled both roles. 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 went to two p m eastern at talking alternative broadcasting, found at talking alternative dot com. Duitz found anything? That dude, in the good ending, you’re listening to the talking alternative network. Get him. E-giving you could hi, i’m donna, and i’m done were certified mediators, and i am a family and couples licensed therapists and author of please don’t buy me ice cream. Our show new beginnings is about helping you and your family recover financially and emotionally and start the beginning of your life will answer your questions on divorce, family court, co parenting, personal development, new relationships, blending families and more dahna and i will bring you to a place of empowerment and belief that even though marriages may end, families are forever join us every monday, starting september tenth at ten a m on talking alternative dot com are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications? Then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com we look forward to serving you. You’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. 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 fed up with talking points, rhetoric everywhere you turn left or right? Spin ideology no reality, in fact, its ideology over in tow. 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 you’re born. Teo you society, politics, business it’s, provocative talk for the realist and the skeptic. I want to go 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. Every tower is a great place to visit for both entertainment and education listening. Tuesday nights, nine to eleven. It will make you smarter. Talking.

134: IRS Sale In Aisle 403(b) & Compensation Clarity – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Evan Giller, partner at Giller & Calhoun

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

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

View Full Transcript
Transcript for 134_tony_martignetti_nonprofit_radio_20130322.mp3

Processed on: 2018-11-11T23:00:25.008Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2013…03…134_tony_martignetti_nonprofit_radio_20130322.mp3.719682707.json
Path to text: transcripts/2013/03/134_tony_martignetti_nonprofit_radio_20130322.txt

Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent you know me, i’m your aptly named host it’s friday, march twenty second i very much hope that you were with me last week don’t let me hear that you missed gary vaynerchuk. Gary shared insights and inspiration from his body of work and his book the thank you economy and amy sample ward and i talked about kindness, criticism and on honest online conversations this week i rs sale in aisle four o three b evan giller, founding member of the law firm of giller and calhoun, explains the i r s is fifty percent off the penalty sale for four o three b retirement plans that are not in compliance. Many plans are not up to code, and this is the year to fix those problems. We’ll talk about the common mistakes and what to do. Also compensation clarity a regular legal contributors jean takagi and emily chan of the non-profit and exempt organizations law group answer these questions how do you determine what’s reasonable compensation for executives? What happens if comp is excessive? What’s the automatic penalty that kicks in if you don’t disclose benefits plus, we’re going to do aboard role play, and we’ll see who chairs that meeting. This is from the non-profit radio vintage collection last october was a very good month between the guest today on tony’s take to my podcast for the chronicle of philanthropy that i do monthly fund-raising fundamentals, some details about that, my pleasure now to welcome evan giller he’s, a founding member of the law firm of giller and calhoun he’s worked on employee benefit plan issues, including retirement and executive compensation plans for over twenty years. He has extensive experience in plan, design and compliance and is a contributing author to the four o three b answer book. I’m very glad that his expertise bring us two brings him to the studio. Evan giller, welcome well, thankyou, tony, and very happy to be here. Pleasure. We’re all our lawyers, all lawyers and compliance issues today, but i’m going to keep you all of you on the straight, narrow, um, let’s start very basic so that we know that everybody i can figure out where they have a four o three b or they don’t. What is a four o three? B plan k so four o three b plan is a retirement plan that is only available to tax exempt organizations, not for-profit organizations or teo governmental organizations that are that are educational organizations like k through twelve public schools and state local universities and colleges. Okay, so the the reason that four o three b is in the code is because those types of organizations were deemed to need a very simple, fairly cheap way of providing retirement benefits to their employees. Now a tax exempt a charity could have, and we’re our audiences. The five oh one. See threes, no small and midsize charities. They could have some other kind of retirement plan for their employees. That that’s. Exactly correct. Until recently. Well, when i said recently, probably about the last twenty years, these types of organizations could not have a four. Oh, one k, but that’s not true anymore. They can have a four. Oh, one k as well or what’s known as a qualified for a one a plan. And i will keep the jargon to a minimum. A surgeon general has i know. Okay, is the rule but the ah that’s. A plan that although it’s under different section of the code looks kind of the same. It allows the employer to put in money on behalf of the employees accumulate amount that they could get when they when they were tired. Okay, so we have the former one case before oh, for a one. A cz. But we’re talking today about the four. Oh, three bees. Okay, what is the problem with some? I think maybe lots ofthe four o three b retirement plans. Right. So if i can i give you a little history here, please. On dh. We could go back far into the depths of the sun. Not too far from the nine hundred right? Stick by nineteen. Yes. Yes. But these plans were set up originally because it was perceived that college college professors could not retired because they don’t have enough teo enough money to retire on. And so these plans were set up, much like individual plans. Sort of like ira’s today. Individual annuity contracts were issued to the participants in the plans to the college professors. Ultimately, they were expanded to cover all five. Twenty three’s and these, you know, governmental educational organizations. And they were very lightly regulated for many years. And i should say that there are really two important regulators were talking about. As you said, we’re talking about the irs. We’re also talking about the department of labor and department labor also regulates these plans. And in the last since since nineteen, eighty six and on both of these organizations have decided that the four three v world was too big, too much like the wild west, but too big and needed to be increasingly regulated. Okay, so the plans became popular so popular that regulators got concerned about them. That’s, right? They became large, you know, with large for large tax exempt have giant plans on dso. The regulators did get concerned about them and wanted to make sure that they were being operated properly. Okay, because the ultimate concern is that we want to have money for the retirees that are participating in these plans. Exactly. And the other concern is that the three irises also two rules thes rules. Are they so the quid pro quo for the tax benefit that you get out of these plants? And the irs wanted to make sure that these rules were being followed. Properly. Okay, so rules are not being followed, and we have ah, we’ll get to this. But we have ah, we have a period where you can save some money on penalties for not following the rules. But what? What’s? The main problem is the, er, the plan’s. Right? So, okay, that’s, you and i introduce it, but you talk us through it. So the overarching issue here is that until two thousand nine, under the under the irs is rules. These plans weren’t required to have a document, a written plan that they had to follow, and a lot of these plans had they didn’t not have anything. But they had very sketchy documents because actually on the department of labor side, you were supposed to have a document as well. But nobody was looking too closely at it. And this is a document that it describes how your plan is goingto operate, right? So the document is you very often very detailed and it’s exactly how the planets to us to operate and also contains all the iris requirements. So in two thousand nine, thie iris the i recited set a deadline that by two thousand, by january first, two thousand nine every four three b plan with very narrow exceptions had to have this written document. This is the increased regulation that you were talking about it we’ll start to see. Okay, right. You had that january deadline, right? January two thousand nine deadline, right? And actually, in december of two thousand eight, justice everyone was scrambling to complete this deadline. The iris actually given extension to the entity. That’s. Nice. So it was a busy time for you when you got then you got eleven months. Reprieve. It was a fantastically exciting moment. Yeah, okay. Yeah, well, you were able to enjoy your holiday. It was in two thousand eight, although it wasn’t looking like you were going to exactly. Okay, so did they wait until december thirty first? They know one thousand deo, but was close. It was it was in the first week in december. It wass e-giving months. They like to suspense. Yeah. Yeah. So the but that deadline the end of two thousand nine came and went and held. And so all four o three b plants again. There are some very narrow exceptions. Had to have this written document adopted a formally by the organization by december thirty first, two thousand nine if you didn’t do that, you’re out of compliance. Your plan theoretically, the plan could be deemed to be failed failed very bad result. A failed plan means that all the money in it all of the contracts in that plan will be taxable. The contracts are all the all your employees that’s, right? Ok, that’s, right? So the so the danger of being out of compliance is what what’s what’s your employees going to suffer, they’re going to have a very bad tax consequence, and they go and they’re going to look to you as the employer, and they’re going to say, why did this happen? So the irs doesn’t like to invoke this nuclear penalty on plans very much disqualifying the disqualifying, pluck us, right? And so for a number of years, they have worked on a program that allows plans, and not just for three plants, but all kinds of retirement plans to correct errors so they don’t get disqualified. All right, so you were supposed to have been been had your plan document by december of two thousand nine, but since then they’ve been working. Tio get people into compliance because they know there are a lot that that didn’t make that deadline. That’s, right? Ok. And so they have said that the to the extent that you have failed to adopt, if you that you failed to adopt your plan on time by that deadline now att the end of last year they came out with a program the irs did. That said you khun submit ah, a plan document to the irs. Now pay a penalty and you will be absolved of having failed to meet the original deadline. Yes, you’re absolved. You brought into the fold. You’ll come to the flock, we will absolve you, but you have to pay a penalty. You are deemed to have to be in compliance. We have to pay a penalty. Okay. Okay. And that gets us to the fifty percent off no sale. So in two thousand and thirteen, if you have that one mistake and you could have other mistakes. But if you that one mistake that you veiled the plan document failed to adopt the plan document of time and you go in through this program, the irs is cutting the penalties in half for the course of the year. There’s. Your fifty percent off sale. It’s a sale. Okay, wei have just about a minute or so before before we take a little break. What? What needs to be? Well, first of all, you have to have your document, and then it has to be the documents to be correct. Is that right? Well, the actually when you go through this program, the irs is not going to give you an opinion as to whether the documents correct that’s. Another disney that’s. Another the process that we can talk about. You hear the irs just wants to see you have your organization has formally adopted the document. Okay, okay, all right. Why don’t we take that break? And when we come back, evan giller stays with me. He’s, a founding member of the law firm of giller and calhoun. We’re talking about the irs sale in aisle four o three b. Stay with us. Talking alternative radio twenty four hours a day. Are you confused about which died it’s, right for you? Are you tired of being tired? How about improving your energy strength and appearance home? I’m rika keck, holistic nutrition and wanda’s consultant. If you have answered yes to any of my questions, contact me now at n y integrated health dot com, or it’s, six for six to eight, five, eight five eight eight initiate change and transform your life. 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 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, i wish i could send live listener love, but we are pre recorded its a few weeks before march twenty seconds. I can’t send live listener love, but you know that we do love our live listeners. Evan, you and i are talking about i’m goingto introduce something to save you from jargon jail because you probably wouldn’t set it this way. I like to i like, i like this the v c p for e p c r s is now we’re talking about the v c p for epi crs way r and i’m glad i didn’t say that you wouldn’t have because your prison well, i mean, sorry, practicing attorney or not, you know, jargon jail is open for you and would have had quite an impact when the board of bar examiner’s or the new york state bar association found out about your felony jargon jail. So i’m doing it v c p for epc rs what does that mean? Okay, so those air to acronyms that that describe the this correction program that we’re talking about s o a p c r s is the is the acronym for the overarching program the employees plan compliance resolution system. Thank you. S oh, every wrote that down, but known affectionately as cpc arrest everybody. And v c p is the one of the components of it voluntary correction program and that’s important that that one, though, is important too. Spend a little time what those words mean because it means that you’re turning yourself into the irs. You have found an error, and you’re turning yourself into the irs to correct that error for a reduced amount of a fee. But it’ll be lower than if they caught you. Right? Fifty percent lower, you know, know that something else is fifty percent. Is the sale on the v c p fee for this year? For that? For that non non compliance ever that we talked about? Okay, but in general document, right, but forgetting about this year forgetting with percent off if the irs catches you in violation, it’s going to cost you more than if you turn yourself in now. Really? That’s the basic theory. Okay. Yeah. Okay. Um all right. So we know that the dangers if you’re if you haven’t adopted your plan document and there and i realize there are other things that could be wrong with your four three beer. We’re gonna have time to talk about those two. You have top five, evans top five, but so far now we’re just talking about not having adopted your plan document by the two thousand nine deadline. Um, your employees will face taxation. You’ll be embarrassed. Your planned disqualified there’s penalties for that? Of course, if the irs finds it. Okay, so what do we do now? If we we haven’t adopted our plan document. How do we enter this thiss rehabilitation program? So the irs has come out with a kit, actually, a compliance kit on blast. Three weeks or so. That takes you through all of the steps that you need to follow in order to get into this program and submit and get. Okay. And this is your doing. This is an outpatient, right? You’re not inpatient rehabilitation, right? That it’s? Yeah, that you basically are it’s all by the male, you know, you send in a document, sent it. But there are a bunch of forms that you that you need to fill out on dh sometimes, you know, you might find that you there kind. Of complicated there, an irs speak and you may want a little help but basically it’s a set of forms that you sent in with your document on proof that your plan has been adopted. Okay, now, what needs to be in this document, this plant? What is in what the parts yet so for three b document has to contain, at the very least, all of the requirements in that code section for four o three b flat. So what does that include that includes limitations on contributions that the irs provide requires? In other words, the irs says you can’t put in a zillion dollars for some rich. I mean, you the employee the employer can play okay. Limits on contributions. Ok? And those of of your listeners who are friendly with four three plans no, actually, one of the one of the most valuable and appealing aspects of it. His salary reduction contributions by employees where you put in money on a salary on it before tax basis into the plan. Just like four. Oh, one k plan and their limits on that as well. And those very strict limits on how much, how much input in direct, which in two thousand thirteen and seventeen thousand five hundred dollars okay, there are requirements that everybody in the organization has an opportunity to make those contributions on it before tax basis it’s called, and i know i’m sorry, i may be skinning a songs you define your jargon, i maybe yes, i’m you’re just skirting just but you won’t, right? You won’t be entered. So it’s called the universal availability rule, which means that, as sort of a zit says sounds that everybody in the organization with again narrow exceptions has to be allowed to make these contributions on it before tax basis. You can’t, they can choose. So this is who you invite to participate in your for three d plan, right? And you have to let them know that they’ve got that opportunity. You can’t keep it a secret on, believe it or not, i’ve seen some cases where they just the employer hasn’t told employees that they’re able to do that. Okay, so there’s that there’s their requirements for taking money out of the plan. They’re called minimum distribution requirements. When you get to be aged seventy and a half, you have to take out. A certain amount, because the iris really doesn’t want you dying with that money to pass it on to the next generation, same age at which you have to start your mandatory required distribution for ira that’s. Exactly right, it’s the same rule. Okay, it seems okay, there are there are other types of what it called nondiscrimination rules. You can’t give a lot of money to the top management a t the on give a lot less money to the rank and file give way give i’m sorry. I mean, make contributions to the plan at a higher level to the top management versus the rank and file. Okay, so they’re not discrimination. Discrimination on exactly can’t discriminate in favor of highly compensated people. Okay, so because this sounds like a very interesting. Now you draft these documents i’m way d’oh, d’oh! It’s good that there are people who enjoy the details of this it’s interesting to me, but i don’t have to write them so but what has to be in there is interesting. What? What? What are the little pieces? Should be so one of the things and this sort of bleeds over into you know things. That can go wrong. I mean, one of the ways these one of the things that you want to put in this document is let let’s say your plan says, were we the employees? They actually the employer i was going to make contributions on behalf of employees of five percent of compensation? That’s a typical plan or ten percent of compensation? You need to define compensation very, very carefully, it’s an area where there are a lot of errors, so some some places don’t want to include let’s say, bonuses some employers don’t want include bonuses some don’t want include overtime in the school world. They don’t want to pay perhaps coaches who get extra money for for coaching. So there is a very easy it’s, very easy to make an error in the way you write out your compensation definition, and then your plan is wrong you’re you’re making contributions on the wrong definition of company, okay? And as you said earlier, the irs is not passing on the correctness or the adequacy of your plan document under this under this correction plan under this period that we have, they’re just making sure that you have a plan. Adopted that’s, right? That under this very narrow piece that we’re talking about now, if you find other errors, let’s say you have the wrong definition of compensation, for instance, and you’ve discovered this. You can go in now, you can go in too. V c p okay, and you can say, hey, we found a mistake. We want to correct it in the correction programme for voluntary correction program under e p c r s and we we don’t, you know, we know we’ve made a mistake, we want to fix it and we’re going to fix it, and then you pay a fee on dh you tell the iris this is how we’re going to fix it now maybe you fix it by giving some people some additional money because you’re definitely comp it definition of compensation said that that you actually should have put in more money, for your definition was too low. There’s added compensation, which means added contribution by the employer correct, right? But now the fee that you paid this is not eligible for the fifty percent off correct only for adopting your plan that’s, right by well, failing to adopt the plan and correcting it. Failing to adopted on time, which was december thirty first, two thousand. Thie only place where you got that little sale. Okay, right? Let’s. See, how long does this does? V c p for the for the plan. Adoption correction. How long does that last? Is it just this year, or do we know? Well, dcp will be indefinite. Okay, cp, that fifty percent is just this year, but they but the process of going into v c p that’s an indefinite program that will be open for a long time. And and actually, there are other programs that the irs they’re going to know that it has said that they’re going to introduce that will work with the cp that will affect forthe brovey plans that this basically this area is evolving. Okay, okay. What is this? You get fifty percent off the penalty. What is the penalty based on how much is it? The penalty is based on the size of the number of employees that you have in the plan. So there’s a there’s a schedule? Um, and it starts at the very low end. It’s? About seven hundred fifty dollars, for really small plans. The penalty penalty. That’s the file gods called the filing fee. They could go into v c p but the penalty and it goes all. The way up to about twenty five thousand dollars if you’ve got a giant plan of ten thousand employees or more. Okay, so it’s based on the number of employees in your plan, is how much you’ll pay for filing fee euphemistically a filing fee, but you’ll get half off that if you’re if you’re adopting your plan newly in two thousand thirteen. Thirty right? If he’s missed the deadline and and this and you do that this year, okay? And that’s, your only issue, you know, if you’re going in with two issues, you know or three issues he found what? Look, i made a couple of other mistakes then that’s fulfill rate, but oh, you can’t piggyback you can’t pick you. You can slide in getting the plan adoption and then add a couple and quietly you’ve got a lot of other errors in quietly, you know? You know, tony have to wake up pretty early in morning to fool the irs. What? You okay? So suppose you adopt your plan, get the fifty percent off on that. And then later on, two months later or two weeks later, then you found other errors in your plan. You could do that, but actually it’s no point, because because the way the cp works and this is a good thing, you don’t pay anymore. If you’ve got one error with exception of this half off thing, you don’t pay anymore if you’ve got one hour or twelve hours, so you may as well just get him all fixed. Oh, so you’ll still get the fifty percent off on the plan. Adoption? Well, the penalty, but you’ll pay full freight on the other. Well, except that what will come out to is what if let’s say, if you go in, you failed to adopt and you’ve got two of the mistakes you’re just trying to game the system. You are, you are. But i guess they think the irs is a step ahead, right? It’s kind of embarrassing teo to sort of sum it up. The only way you get the fifty percent office is if you go in without one mistake that you failed to adopt the plan on time. That one mistake, that one was that the only way you get fifty percent off he’s going with two mistakes, you don’t have to pay the right, but what? Happens if you come in later with the second most? Well, then you’re paying one and a half times, right? You paying the fifty percent and then you’re paying a full fee. So why would you do that? You follow him saying so in other words, the if you if you buy for kate at the way you’re suggesting, then you’re paying fifty percent now and then you’re paying one hundred percent later. If you do both together now, you’re only paying on the feast get the penalty schedule is the same for the different. Oh, i thought maybe they were different now exgagement for different types of errors. No. Same. Okay, so okay. They thought of that. Okay. Um evan gillers, a founding member of the law firm of giller. G i l l e r and calhoun c l h o u n you’ll find them at giller calhoun dot com. Sounds like you should be out in the wild west. I don’t know oklahoma or wyoming. Just that. Calhoun. Well, you know, calhoun happens to be based in denver, so you’re not that far off. Really? Yeah. So this is you have two offices in new york. And denver okay, let’s spend time talking about some of the other errors that that maybe in your plan, you have top five and i think we’ve alluded to some of them, but we’ll make them make them explicit. What are let’s, let’s? Just get started. What what’s? The most common error that you see in in four three b plan. So you know, the most common error that we see again without without getting too deep into the weeds on that? Don’t worry, i’ll stop. You will stop, right? Okay, i’ll get lost, and then i won’t let you lose others. I said earlier that there are two regulators. One is the irs. One is the department of labor and department of labor. Is those those people who are at all involved retirement plans? We’ll know the dreaded a risa word. Arisa is the statute that governs were governed in play that you are, say, e r i s retirement income security act. Very excellent. Okay, okay, so the actual the most common error that we find actually isn’t a risa era and not an internal revenue code error and it’s worth mentioning because it’s a common error and it’s a serious error, okay? And that is when if you have a plan that allows employees to put money in on us on an elective deferral of salary reduction basis before tax basis like we were talking about before you have an obligation to send that money to the insurance company or the mutual fund for using mutual funds very quickly. You can’t sit on that money and let it sit in your bank account and say, you know, i’ll get to it in a couple of weeks. Really, even a couple weeks is not is too long. Yes, a couple of weeks, it will almost always be too long. Yeah, and in this day and age of automatic peril zsystems the department of labor thinks that two weeks is almost you could almost never justify. Okay, so what happens is that people get a little careless sometimes, and maybe the payroll person goes on vacation or they’re just the processes aren’t aren’t in place and the money sits there, and the and the department of labor thinks that’s a bad violation. They want that money going in quickly, because when the money doesn’t go on quickly, it doesn’t. It doesn’t experience investment return it’s sitting in your bank account in your theoretically getting interest on it, a zen employer. So the deal doesn’t like that. You need to be very vigilant about getting that money to your insurance company of mutual fund. What if we’re talking about the united states department of labor? We are right where we are. What if just, you know, like you mentioned your payroll person goes on vacation one time you were you were slow because the payroll person was on vacation and when he or she came back, they’d caught the mistake. But it’s been it’s been the two week vacation because they went, you know, they went exotic, maybe south asia or something took two full weeks vacation. Now they’re back. They realize the mistake, it’s only one time is this. Is this a big deal? Well, you know, you actually it’s a great question for a couple of levels. One is we really didn’t. We didn’t talk about this. I mean, there is a we talked a lot about filing with the irs and the fee and through the vc paid. In fact, when you have small violations on the ira side there’s something called self correction where you don’t have to file violations that fit within their their self correction program. Okay, khun, just be fixed without filing and the it means you don’t have to go and you don’t need to their approval. You don’t need to pay them anything. You just fix him and and i and that’s to a certain extent true with the department of labor to in that case, i would not call it a big deal. But i would say that if you found it, you should fix sit fix. It basically means giving the interest that the participants lost in the period of time that the person was on vacation. That two weeks it’s gonna be a tiny amount of money to weeks of interest on one one contribution you gotta give. Give e-giving. Okay, let’s, let’s hit another couple. We have just a couple minutes left zoho common errors. So another error is on dh. This also goes to what needs to be in the plan. There are these limits that the irs imposes upon these plans about how much money could go in in a year you’re mentioned earlier and they’re they’re two separate limits. They kind of work together, but there’s one limit that’s the total amount that can go in as an employer contribution and an employee contribution and there’s a separate limit that could go in as an employee contribution that’s the seventeen thousand five hundred we talked about the total limit is fifty one thousand dollars oversignt pretty little bit per year. Okay, and i’m guessing that the error is miscalculation. Correct the errors, miscalculation and and then there’s also a ah limit on the amount of money of salary that you can take into account in doing the calculations. So in other words, you say ten percent of compensation you can’t consider any amount of compensation above two hundred fifty five thousand dollars, so i’m making five hundred thousand dollars kazama. You know, i’m the executive director most of that much. Almost half of that can’t be included in my contribution. Okay, we have time for just one more top five. So so another another issue is this minimum distribution issue. You know, actually, i’m gonna go really one where i’m going gonna actually go to another one, which i think is probably more important. Which is loans and hardships. Many of these plans allow participants take loans, and they you can take a loan out of your own account and you have to pay it back. General, have to pay it back over five years a little longer if it’s to buy house or a hardship distribution, which is, if you have something really bad happened to you within the rules of the irs. What the irs considers to be really bad, including medical expenses within a sir. Certain limits. If you have a casualty loss, if hurricane sandy was a good example, if you get the house bilich list and what’s the what’s, the trouble with these hardships, they’re not. So the rules for the loans and the hardships are actually quite complicated, and they are often not applied correctly. Okay, we can we can correct these, though. All through v c p the voluntary correction programme. Correct. Okay. All right. Evan giller, founding member of the law firm giller and calhoun at giller. Calhoun dot com. Evan, thank you very much for explaining this. And being a guest. It was my pleasure. Pleasure to have you. Thank you. Right now we go. Away. And when we come back, tony’s, take two, and then compensation clarity with jean takagi and emily chan will stay with me. They couldn’t do anything, including getting ding, ding, ding ding. You’re listening to the talking alternative network waiting to get in. 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. Hi, i’m ostomel role, and i’m sloan wainwright, where the host of the new thursday morning show the music power hour. Eleven a m. We’re gonna have fun. Shine the light on all aspects of music and its limitless healing possibilities. We’re going invite artists to share their songs and play live will be listening and talking about great music from yesterday to today, so you’re invited to share in our musical conversation. Your ears will be delighted with the sound of music and our voices. Join austin and sloan live thursdays at eleven a. M on talking alternative dot com. You’re listening to the talking alternative network. Lively conversation. Top trends, sound advice, that’s. Tony martignetti, yeah, that’s. Tony martignetti non-profit radio. And i’m travis frazier from united way of new york city, and i’m michelle walls from the us fund for unicef hyre. Welcome back time for tony’s take two again were pre recorded this week, so i can’t send live listener love i feel bad about that. I could guess a couple, i’m sure we have listeners from china ni hao and and we’re also we certainly have listeners from tokyo a bit there live listeners from tokyo and i forgot to have tio how teo konichiwa konichiwa for our listeners in japan and taiwan excuse me about taiwan is out there also where in the u s um, north carolina, california, new jersey, new york i hope i bet you’re out there. I’ll bet you’re out there durney stick to this week i wanted just remind you that i host a monthly podcast for the chronicle of philanthropy, and that is called fund-raising fundamentals. And this month i talked to consultant rosetta thurman about thie cycle in charities that causes fundraisers to be dissatisfied with their work and ceos to be dissatisfied with their fundraisers, which leads fundraisers to bail out of jobs all to the detriment of charitable missions. Now we talk with rosette about the causes and what fundraisers khun due to break the cycle and that’s on fund-raising fundamentals? You’ll find it on the chronicle of philanthropy website. You’ll also find it on itunes, and there are links on my blogged at tony martignetti dot com and that is tony’s take two for friday, the twenty second of march twelfth show of the year. I now have a vintage version of non-profit radio. This is compensation clarity with jean takagi and emily chan. Right now we have jean takagi and emily chan on the line. We have them, don’t we both excellent. Jean is principal of neo the non-profit and exempt organizations law group in san francisco. He edits the popular blogger at non-profit law block, dot com and he’s at g tak gt a k on twitter. Emily chan is an attorney at d’oh and she’s, principal contributor to the non-profit lob log she’s the american bar association’s twenty twelve outstanding young non-profit lawyer and you can follow emily at emily chan at emily c h a n a million gene welcome back. Hi, tony. Hi, tony. Good to have you back. We’re talking this month about compensation because it seems to flow from what emily and i talked about just a couple of weeks ago, so emily, why don’t you? Why don’t you lead us into this from from last month? Sure, so are lots. So he talked about the private benefit rules at at the ad buy squeezed in a very big phrase there the preventable cruise up to the reasonable miss, and we’re going to get not this show, but basically we’re going to look at the penalty that the irish usually while imposed when they find an inappropriate benefit going. Teo insider as we talked about last week, ok, so now we’re really looking at, i guess, practically speaking, the kind of penalties that organizations should be very knowledgeable about and also very wary of so that they could follow the best practices and make sure they’re protecting their organizations. All right, you were cutting out a little bit, emily, but we were able to fix the sound quality. Just say that. Say that. Say that very, very rich and wordy phrase again from from last month that will talk more about just say that again because you cut out a little bit there. Rebuttable presumption of reasonableness. All right, we look forward to getting into that gene. What are the general guidelines? For compensation for and who are we talking about? Whose compensation are we talking about? And what of those general rules? Well, practically speaking, we’re talking about the compensation of the executives, so that would be the executive director or ceo or president, and of the cfo or treasure the organization has compensated, chief financial officer okay? And what are the rules generally, that just that it has to be fair and not excessive, that that’s practically the rule, tony so it can’t be excessive and and the way we try to judge that is we try to look at what comparable organizations air paying, and so the big question is, what is a comparable organization and what is a comparable position to compare? You know who we want to pay to another organization and what what they’re paying, let me throw something interesting at least interesting to me, and maybe you have the legal minds may not find it interesting, but what i do over here, you said it’s only for executives, but what i see in ah lot at colleges and universities, the the highest paid people there are often coaches, sports coach is like a basketball football. Coach at at a big big, you know, big name program, does this this excessive compensation apply to them? Also are on ly to the executives of the organization that’s a great question, tony. Thank you. We’ll bring you back next month. Thank you. Dream the area when we’re talking about big institutions like colleges and universities and healthcare systems and big non-profit hospital, the range of what we call disqualified persons or insiders definitely goes up. People have substantial influence over the organization or a particular segment of that organization. So football coaches will probably be drawn in into that equation when they have a huge influence on on the institution itself. Okay, there are just more general rule beside the what we call the intermediate sanction rule. Their excess benefit transaction rolls the night i go into jargon dale for that. Oh, my god. Yeah. All right. We’re gonna get to that stuff, apparently. And broader doctrines that you could get in trouble for as well. Okay. Broader than just the executive. So it’s so it’s those who can exercise ah, lot of control over the organization, wherever they are, wherever they are in the hierarchy. That’s a good way to think of it. Okay, cool. That’s the late person. I’m gonna turn you, but you wouldn’t know it the way i talk. Okay. Let’s. See, what is this intermediate sanction? Emily what? Intermediate? To what? What’s, the more extreme. So the more extreme penalty comes from the world. We have that last month with private benefit private kermit, we’re technically really the penalty is replication of sabat on that thing’s pretty severe. Especially if a benefit confirmed it was only a little bit more than what it should have been. So what the irs produced then what? Something that they called their intermediate sanctions. Also the excess benefit transaction will which instead of replicating tax exempt status, so actually impose a penalty tax on that access benefits. So it can be suppose both on the insider who benefited. And it usually starts with a twenty five percent penalty talks of the excess amount. But also boardmember should know that they can also be taxed of ten percent of the access amount if they knowingly approve the transaction. Okay, knowingly mean let’s. Just stick with compensation at this point. Let’s not let’s, not get too the xx of benefits we’re just talking about direct compensation, cash, cash compensation. So so boardmember sze, who knowingly approved it meaning meaning they knew that it was excessive, right? So they have actual knowledge of the transaction, and when i use the term access benefit, i don’t mean the stuff on top of what say base salary, just an excess benefit itself, which could be a large compensation o just the way that i used that term in the way that fused with the rules. So um and boardmember, who would be considered knowingly approving such a transaction, would be someone who knows the terms of the transaction. I’m also aware of the possibility that that transaction might be excessive in violation of this excess benefit transactional on and also, you know, failing to make those reasonable tends to figure out whether it is actually excessive, but this goes back to the fiduciary duties of directors and making sure that there, meeting their duty of carrie’s, loves their duty of loyalty and making sure that they’re making informed decisions and that it is in the best interest of the organization by not being something that okay, and we have talked about those those duties those fiduciary duties previously can can these penalties that are levied against boardmember sze can they can they be paid by the organization? I’m generally no. So this would actually be triggered under state law of there are provisions that have to do is indemnification, which is the organization’s ability to cover expenses that would come out to a show like this. They’re being stewed in your capacity as like an officer dirac, the organization and generally that’s. Probably not going to be okay under state law, no matter what. Okay, okay. Let’s. See? Okay, gene let’s, let’s. Turn to you and let’s talk a little about the this the rebuttable presumption of reasonableness that emily mentioned before. What? What what’s that how does that play in here? So these procedures are useful wherever you’re know where you were, you know that you’re going to compensate one of these insiders amount that is not obviously way below market level, but you should go through these procedures just as a general rule. Anyway, if you’re anywhere near paying market rate compensation and their three step, the first step is getting advance approval by the board of directors before you. Enter into that confrontation transaction after the interested party there’s uninterested director in there is going to be compensated abstains from that vote and does not participate in that. Okay. And that would include on executive officer who’s who’s on the board. Because of that position, ex officio boardmember they should they should abstain as well if we’re talking about their compensation. Right? Okay, so you get the advance approval with with the abstention of the person who’s involved what it would else duitz step two is reliance on appropriate comparability data. So we’re looking at comparable salaries from similarly situated organizations for similar positions of similar work. So it’s all about getting the right comparable. It might be done through salary surveys, working with professionals that our salary experts in the non-profit area, or maybe looking at form nine nineties they’re different concerns about just taking other organizations form nine nineties to make sure that the right comparables but a lot of smaller organizations do it that way. What are those? Well, before we go on, what are those concerns about using the nine? Ninety? Well, they might not reflect in the nine, ninety special payments investing of like deferred compensation, though some organizations may look like they’re playing a really high salary, but those were just the result of past things that have been obligations that were paid in the reporting year. So you can’t really consider that a part of the the annual salary, for example, of that executive that showing on the nine, ninety that would not be good. Comparable. Okay, so i mean, can a small charity avoid having to hyre ah, compensation expert to do these comparability surveys? What are the other ways? Or maybe there is no other way. Well, there are some compensation surveys that are out there for free as well. You confined things from charity navigator. And i believe guys start might have some some compensation service for free. You have to be careful, though, because sometimes the ranges of the size of the organization don’t play in your favor. So, you know, they may say, well, this is the average compensation for organizations with annual budget between one million and ten million. And depending upon where you fit in that structure, using the average may not be appropriate for your organization. Right? Okay. Okay. Um and then add a couple more things to the comparability that it’s because you brought a small organization a general rule for organizations with less than one billion and gross receipts toe have at least three comparable so it’s not necessarily there. You know why spread search for comparability data. But tow have three is generally considered reasonable. And another thing to consider is really just giving you an idea of the band wins a salary that’s out there. But it would be problematic for an organisation to just look face purely on numbers and decide ok, just because it fits in the band with that that’s appropriate. I mean, that kind of goes back to your example of the football coaches where sometimes just so skewed that if you keep pushing the upper limit of the band, when you just start to see these ranges leaves up and up and you really do need a look that performance on the duties that are being like that? Yes. Okay, of course. The right, the person’s performance as well. Not just what other people are paying somebody similar in a similar organization. Okay, thanks so much. Thank you. Look at the geography because i know. In manhattan in san francisco, where we are the average salary’s going to be much higher than somewhere in des moines, iowa. Yeah. Okay. Okay. And there’s one more part to the rebuttable presumption. Can you can you explain that in about a minute, gene? Yeah, the third part is just timely. An adequate documentation of the board action. So that means really putting it down in the minutes on getting those minutes approved by the next board meeting. So you just want to make sure that you’ve documented it. And if you’ve got comparable, attach the comparable to the minutes to prove that the board has actually looked at these before making that determination and approval. All right, now that we’ve explained the three prongs of the rebuttable presumption gene, please explain what the hell a rebuttable presumption is. That’s great. What what it does is it shift the burden from your organization, have to prove that the salary is reasonable and shift it to the irs to prove that it’s unreasonable, which the irs doesn’t want to do because it takes a lot of work. So if you just go through these procedures, you kind of put a big barrier to the irs to go after you brew for paying excessive amounts because you say i’ve used the procedures that treasury regulations have approved this is the way it should be done in the iris used to get it back off at that point, unless they think they have a really big fight. So then write if you follow these procedures, the compensation is presumed to be reasonable. But the irs has the option, although it’s unlikely that it would exercise it to rebut that presumption and try to prove that the compensation was unreasonable. Is that right? If they want to take it to court, if there were. Okay. Okay. Likely. Okay, but it’s presumed rash reasonable if you follow the three prongs that you laid out, correct. Okay, we’re going to take a break. And when we come back, jean and emily and i are going to a little role play exercise, we’re going to be the board of directors and we’re going to decide on somebody’s compensation. Um, i don’t know. One of you two is going to chair the meeting, so you’re welcome over this break to figure out who that’s going to be. And i’m going to be a boardmember and then the other person be boardmember, too. So stay with us for that role. Play exercise. Don’t know what’s going to happen. I hope you’ll stay with us. You’re listening to the talking alternative network. Duitz 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. Buy-in have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your object. Dafs. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. I got more live listener love laurel, maryland bend, oregon, and tokyo welcome to our second listener in tokyo. We got more tokyo listeners than we have oregon or south carolina or north carolina listeners maurin tokyo than most other states listening. Okay, jean emily, we’re talking about compensation, compensation, clarity, and we’re going to our role play board board meeting now. Who’s the chair. I’m okay. Genes the chair. Emily, you and i are board members or way just regular boardmember zor is one of our compensation under discussion or what? I think we’re about boardmember okay, but neither of us has our compensation under consideration that person’s removed. Okay. All right. Go ahead, gene. You’re gonna share the meeting, okay, tony so right now we’re talking about approving the compensation of the candidate who is going to be our executive way, didn’t approve. We didn’t prove last month’s meeting meeting minutes. What kind of what kind of foisting? Of ah, fake what? We didn’t approve last minutes less months. Amina melkis consent agenda earlier, tunney and now we’re on the second part of our meeting. We’re okay. All right, go ahead. I’m taking my time taking my fiduciary. Duty very seriously. I want you to write that care, loyalty and what’s my third fiduciary duty. Besides karen loyalty, a lot of people like this, they obedience. Obedience. Okay, well, i’m not all right. Well, i mean, i’m failing on three, but but i’m taking my first two very seriously. All right, go ahead. Emily. Emily obviously doesn’t care, but she’s like lester, let me see lackluster boardmember i hope your term is up soon. Emily all right, okay, so we’ve got an executive director that we need to hire, and this executive director is pushing us for a salary of one hundred thousand dollars and the possibility of bonuses of up to twenty thousand dollars for pizza. We’ve got a million bucks in our budget, and we’re not really sure whether approve this compensation or not. He looks like a great candidate, but there’s some other candidates out there as well. What do you think, tony? Should should we hire this person that the salary they’re asking for? Well, do we have any comparable data by organizations that are similar to ours? Go thin geographics and also annual budget on dh with that data also be comparable in terms of this person’s responsibilities. Emily, i think you were convicted. You right? Collecting this data? Yeah. So i researched some organizations that of similar type similar size and similar roles of executive directors. And i found three different data points. So, uh, one and these they’re all in our geographical area. One is eighty thousand one. Report ninety thousand and another one report. One hundred and ten thousand. Okay. We’re looking at one hundred thousand with the possibility of a twenty thousand dollar bonus. What do you think, tony? Um, i guess the bass sounds or so we have. Eighty ninety. First of all, i’m assuming that emily knows what she’s doing when she says that these things are similar and putting a lot of faith in her because i could be personally liable if this turns out to be excessive compensation. Um, only if you know that it’s expensive. Funny, but that’s. All right, that’s. Right. Okay. Raise a good point about the line. What do you need? A reliable source. Okay, well, your outstanding young lawyer. So i’ll assume that you’re on. You’re on the board. Very in doing this. Surveys what i brought to the board. Meeting and we’re going to attach them to the minutes of the okay, i like the i’d liketo like the base of one hundred. I’m not sure about the extra bonus of twenty family. What do you think about that extra bonus of twenty when the high of our comparable is only one ten? I don’t think it’s necessarily problematic if we have adequate justification for allowing that for example, if thiss opportunity with this executive director is probably going to pass us by, we are in a bind because we’re now doing an executive director succession that we didn’t anticipate and the organization’s going to be really hurt if we don’t find somebody who’s qualified and this is the most qualified person we found and we’re actually getting a really good deal for this person and it is discretionary, so it’s going to be up to the board at the end of the year and we have put a limit on it, you know, maybe we should evaluate again looking at our revenues and looking again at the comparability data whether twenty thousand is reasonable, but i’m not opposed to putting the opportunity of a bonus into the contract. Right now, that’s. A bunch of malarkey. I’m walking out of this meeting. Did you hear me? Did you? My footsteps and i just slammed the door closed. I i’ll propose i’ll ask to see if there’s a motion to approve a one hundred thousand dollars based salary with a possibility of a ten thousand dollar bonus. And we will actually look at the possibility of a further ten thousand dollar bonus if we hit certain revenue goals that might allow us to look at other comparable, do you think that’s reasonable? All right, i’ll come back into the meeting. All right? I’ll go along with that. We have to wrap up our meeting very quickly. Yes, i would approve that. Okay, so family makes the most money. Wilbekin were approved. We’ve got it as a draft that being the diligent boardmember i am just a reminder that we need to have adequate documentation and our board minutes. So i’m going to write down the terms of the transaction. We approve the date it was approved, the board members that were present during the debate who voted. I’m also going to attack the comparability data on there and as well document the fact that we followed our conflict of interest policy and removed the executive director from the conversation that was emily chan she’s, an attorney at neo non-profit exempt organizations law group and our board chair was jean takagi he’s, the principal of neo. You’ll find them both blogging at non-profit law blogged, dot com, gene and emily, thank you very much. My pleasure, thanks to my guests this week, evan giller and emily chan and jean takagi next week, aziz said, i’m recording this show weeks in advance, so you’ll i don’t know what’s going to be on here the twenty ninth completely, but have i ever let you down? I have not. So hopefully you don’t think i have let you down? I do know, scott koegler will be with me on march twenty ninth. You can count on that good old scotty will be here. He’s, our technology contributor and the editor of non-profit technology news what’s he going to talk about the man is only human. I can’t ask him this many weeks in advance, but has he has? Scott koegler ever let you down? We’re all over the social web, but you can’t make a click without sparkle a testa smacking your head into tony martignetti non-profit radio itunes, facebook, youtube, twitter, linkedin, four, square pinterest. Slideshare facebook. If you’ve been to the facebook page lately, if you love the show, please like the facebook page and more of our information will get into your news feed. Our creative producer is claire meyerhoff. Sam liebowitz is our line producer on the assistant producer is janice taylor. Shows 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. Oh, i hope you will be with me next friday, one, two, two p, m eastern on talking alternative broadcasting at talking alternative dot com. Oppcoll i didn’t think that shooting. Good ending. You’re listening to the talking alternate network. Duitz get him. Thing. Good hi, i’m donna and i’m done were certified mediators, and i am a family and couples licensed therapists and author of please don’t buy me ice cream are show new beginnings is about helping you and your family recover financially and emotionally and start the beginning of your life. We’ll answer your questions on divorce, family court, co parenting, personal development, new relationships, blending families and more dahna and i will bring you to a place of empowerment and belief that even though marriages may end, families are forever join us every monday, starting september tenth at ten am on talking alternative dot com are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications? Then come to the double diamond wellness center and learn how our natural methods can help you, 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. You’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. 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 fed up with talking points, rhetoric everywhere you turn left or right? Spin ideology no reality, in fact, its ideology over in tow. No more it’s time. Join me, larry. Shock 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 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 so gain special access to the ivory tower? Listen to me very sure you’re 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 e every time i was a great place to visit for both entertainment and education listening tuesday nights nine to eleven. It will make you smarter. Talking dot com.

121: Get Engaged III & Dutiful Documentation – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Amy Sample Ward, membership director for NTEN and blogger at Stanford Social Innovation Review

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

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

View Full Transcript
Transcript for 121_tony_martignetti_nonprofit_radio_20121214.mp3

Processed on: 2018-11-11T22:56:11.326Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2012…12…121_tony_martignetti_nonprofit_radio_20121214.mp3.761233207.json
Path to text: transcripts/2012/12/121_tony_martignetti_nonprofit_radio_20121214.txt

Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent on december fourteenth, twenty twelve our november nine thousand you’re still with us, i’m tracking glad you’re still here, and i hope that everyone was with me last week. Yes, i just i just hope you were with me last week because if you weren’t, you would have missed show number one hundred and twenty one, twenty was last week. You can now spend five straight days listening to tony martignetti non-profit radio. I suggest you start on a weekend this way you have a little extra time for bathroom and food breaks. I would start maybe on a thursday and include the weekend i would include a weekend in your five straight days of listening to non-profit radio last week, which is the one you would finish with because that will be shown number one hundred twenty would wrap you up for five days was your database policy manual? Karen heart, philanthropic services specialist for the main community foundation, and nicole san miguel, database administrator for the naacp rat free library of baltimore city, walked you through data entry standards, indexing and search ability, naming conventions and other topics that belong in your database, policy and procedure manual. And it was also maria’s top ten maria semple, the prospect finder and our prospect research contributor, revealed the top ten sites that she uses in her work true to form for our doi and of dirt cheap. Most of the sites are free, and her list is now posted on the linked in group and the show’s facebook page this week get engaged three tray amy sample ward is our social media scientist. She continues her siri’s on online engagement with gold setting. How do you know if your engagement strategies they’re successful? We’ll talk about identifying goal areas, assigning metrics and measuring your success. Amy is membership director for the non-profit technology network and ten and contributes to the sand, stanford social innovation review and dutiful documentation. Jean takagi and emily chan are legal contributors from the non-profit and exempt organizations law group explain the irs rules on what should be in all those acknowledgements that you send for two thousand twelve and had a value some of those gif ts between the guests on tony’s take to my block this week. Is cause marketing guidance from the new york attorney general? The new york a g wants to help you, and i distill their advice for your cause marketing campaigns. If you’re on twitter, you can follow the hashtag non-profit radio. My pleasure now to bring on amy sample ward she’s, a membership director attend ten, contributed to stanford social innovation review, co author of social by social, a handbook on using social technologies for social impact her blogger is amy sample, ward dot or ge and she’s at amy rs ward on twitter and unfortunately, she’s not in the studio today. Amy, how are you doing? I’m doing well, how are you? I’m very well you’re in portland, oregon, right eye and in portland this is where contends that main office is so i’m out here getting to me with staff in person for a little change of scenery and was actually onboarding a new staff person this week, which is always really fun. Okay, excellent. Our thoughts are with you in portland. A lot of talk about the shooting at the mall this week. Earlier this week. Yeah. Out at the crack of this small and now this morning. The shooting in connecticut, the elementary school so it’s, kind of, you know, end end times holiday season so far, very difficult, let’s talk about first an infographic that that i was sent i was offered people send me things too talk about on the show, and this one is interesting to me, and i thought you and i could talk about it. This is an infographic called very objectively titled how social media is destroying productivity. Andi, i sent it to you, of course, and you’ve had some time look at it, i will post a link to it on the facebook page on the linked in group. In the meantime, people confined this at learn stuff dot com um, you are ever learn stuff dot com all right? Well, so they’re clearly, you know, they’re concerned about productivity. Facebook has close to a billion users forty five. Forty five million short of a billion, but let’s call it a billion. People spend two times more time on facebook than they do exercising, you know, be a little provocative about i mean, they spend more time doing facebook than other things also, but they chose exercising wolber collectively each day in the u s people spend twelve billion hours on social networks. That’s interesting. A somebody who thinks about social networking a lot. Amy what? What do your do your thoughts about what you do? You have concerns about productivity? Well, i mean, for me, i think it’s i haven’t had a chance. Tio go look into their sources of where they got the data and what the data really means. You know, things like infographics are often so interesting to people and share a ble because they they could be interpreted in many different ways for me, i think it’s less, um, less a sign of of you now everyone and their mom wastes their time all day long and, you know, we’re we’re not doing any of our work, but more a sign of a distributed organization, a new era of the way people work. You know, people can quote unquote beyond the clock from anywhere so long as they have an internet connection and, you know, a lot the times and and looking at some of the staff in there, you know, that worker is interrupted every ten minutes by things like instant messages, right? Well i know that i’m quote unquote interrupted, you know, all the time, all day long, buy-in sametz itches, but that’s because i managed staff in other cities and instant messages, how we’re just saying, hey, i just tackled that one project or, hey, i saw that e mail come into both of us and i’ll take it or, you know, just kind of the way that you would work in person by just giving each other updates out loud. It’s now moving over two dozen messages, so it’s not necessarily cat videos, you know, and elearning youtube all day long, but it’s it’s, you know, it is technically an instant message, and and it is technically an interruption, but it gets the way you work now versus aah, total distraction and you know something? What i thought was interesting is that it’s list it was instead of being specific social websites to social networking, it categorizes things as time wasting websites and the number third number three, cnn dot com es o that right number twenty nine percent think i’m going to go to cnn because i want to just, like, chat with my friends, you know, like the way they kind of think about facebook being used that way, but for so many organizations, regardless of what your industry is staying on top of websites like cnn or other breaking news sources means your organization commend the the one that has the very first public statement about it. That student in connecticut this morning, as another elementary school, to be able to respond right away or, you know, whatever the kind of crisis our emergency communications may be, staying on top of, really, what we have as a objective world now, riel time, news and information means that organizations can get ahead of their competitors sabat and speak and be the one with the first announcement or be the ones that have the resources that the other news stations there now looking for etcetera, you know, again, it’s just a different way of working and not necessarily time wasting, you know, okay, andi also for our listeners, they’re they’re spending more time in the social networks because, well, i’d like to think in part because you and i talk about that, and we encourage people to use twitter and lengthen and facebook to the extent that it’s appropriate for them and, you know, all the things that we’ve talked about, everybody wasn’t everybody shouldn’t be jumping in, you know, you and i have been through that, and we’ll continue to teo explain it. No, yeah, i mean, i know organization, nonprofit organizations where a team, you know, a subset of the staff actually used private, you know, totally private facebook groups as the place where they are kind of doing teamviewer based product project management, you know, being able to say what’s going on every day and reporting to each other, etcetera, because it’s a tool that all of the people on that team are familiar with, they know how to use it, they like that email notifications in the back and forth. So instead of adopting a whole different project management tool that would be outside of any other tool there there regularly using, just use the facebook group and again, so that means they have facebook open all day, but they’re not necessarily just again, you know, posting cat videos to their friends facebook pages there, they’re using it for real time team communication. Okay, we’re gonna leave that there wanted to get your opinion on it. One thing i’ll close with is that the average college student spends three hours a day checking social sites, but what they don’t compare that is, too, the average number of hours a day that the the college students spend having sex buy-in i object that they left that out? I mean, i was a monk in college, but but there are lots of people spending a lot more than three hours a day at least having sex either with somebody or or alone, which for some people that’s a favorite weii just have a minute before a break. Amy sample ward, let’s see, we want to talk about our our engagement strategy, but really just have a minute or so we’re talking about goals. Do you have some congee? Just tease a little bit? How do you how do you start to set goals? And then you and i have a lot more time after the break. Sure, i mean first, if we’re going to a break, then i encourage everybody to go look upon their organization’s website and see what your mission statement and you actually have a theory of change, or if you don’t know what, that is just used the commercial break the good little theory of change opportunity, or pull up your organization’s active strategic plan, because that is really where you start when you’re going to create gold that apply to your social media, even though people would think they’re not, you know that high up and organizations chart of some sort. But really, you do start all the way your mission, or your strategic plan, or your theory of change. Okay, theory of change, or your strategic plan or your mission. You have homework for the break, and when we return, amy and i will keep talking about getting engaged online. 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 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 to seven to 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 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. 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. I’ve got to send live listener love before we continue with with amy, i’m going to send it to our foreign listeners first this time. Mexico. We can’t tell which city, but we’re in mexico. Welcome chung ching, china. Wuhan, china. Tokyo and fukuoka, japan. Seoul, korea. And curry, korea all live listener love going out tio are asian and mexican listeners, and we’ll get to the u s shortly. All right, amy, why is the right place to start with your strategic plan or your mission, or your your change theory? Well, in theory, not nothing that you are doing in your organization regardless of what department you’re in or what your job title is, nothing should should be extraneous from meeting your mission. The whole purpose of all of your staff, the reason that you have different departments, all of it should be to the end of meeting your mission, and when we that social media up as something that’s outside of that normal plan, then we’ve already set it up for first of all, other staff cannot really support it or, you know, to not have leadership for the board buy-in and that work because they don’t see it directly connected to the mission because it isn’t. But secondly, it also means that whoever it is that taft with that work isn’t able to set goals in the same kind of way, they don’t even see their own, you know, purpose for work as contributing to the organization in the same way. So not only do other people not buy-in and support it, but then the person that’s doing it themselves doesn’t see how they fit so outside of even what you do with the work, just setting up the contacts for that person and why they’re doing their job. You know, you either have an opportunity there for success or failure before you even start engaging. So so starting with your mission statement, you know, from there, you just work backwards look for the aspects of your mission that are focus on action and interaction, and then look for the parts that are social, the things that your community is able to contribute, too, and not just the aspects of your mission that, you know, require your staff policy maker or something. So so look for the opportunity where the community can be in and then require interaction, and then that’s where you actually set the gold specific to your social media or your community department now way learned a couple of weeks ago when you were on the last time that you have a real affinity for alligators. Actually, you’re a little scared of algiers, so we’re going to use save the alligators as our example eyes are hypothetical charity, okay, terrific, because because i know that’s something that you could buy into easily, of course, and also want listeners to know that this siri’s on getting engaged began october fifth if you want to catch the first part of it, and the second part was november sixteenth. So if we have our charities, objective is to save the alligators may be in the florida everglades, so not not worldwide, but just in florida in the everglades. There’s there’s terrific opportunity for outsiders to contribute to that in terms of awareness, maybe political advocacy, things like that, right? Okay, on dh and an organization, you know, or this organization that you and i have now founded called save the alligators provoc we probably have some sort of strategic plan or or we’re going to the whether we call it that or not, or something like a theory of change, which is more broad and says, this is how we see our mission coming, coming to fruition that says, you know, we see a few different ways that we’re going to save the alligators first is in the policy that support seven, and this is the kind of policy we’re going to work for it and the next is, you know, and this is where we’re going to create educational programs, so the public is no latto you’re scared of alligators or something, you know, so far down the line like that, you were goingto bucket out how we’re going to do this work, and from there we could say, oh, great, so there’s there’s a policy component of our of our mission? Well, in order for anyone to support a policy, they need to know about it. So a portion of the person’s job, the energy in our social media, they’re going to have a whole bucket, a goal of oppcoll and metrics and and work that’s focused on letting people know what that public policy proposal is understanding what it means getting. Involved probably recruited in their stories to help, you know the organizations public policy statement today if you can have community members saying, yes, we love our alligators, and this is, you know, how we’ve seen are so on the area destroyed and now hurting the alligators, i realized that all of this example shows how little i really know about alligators. Well, then, that’s a part of this person’s job and it’s no longer just yet tweet all the time about how we have a policy recommendation, but it’s so much more tangible because it helped change people’s minds about the policy recruit stories about this policy, etcetera, you know? So so you can translate directly from that mission all the way down to the buckets of actual content you’re posting every week. Okay? And how about some of the some of the advocacy, too? We want maybe people to write letters to editors and to bloggers we want to have people call or otherwise contact their state representatives things and so there’s a way we have our calls to action like we talked about last week, last month, exactly like last way said, you can’t just create a twitter account and start asking everybody to retweet you and take all of your calls action. But once you build up that community and you started building trust and engaging with people, then you can use the social tools to identify who those bloggers are that everybody listens to and reach out to them and say, great will you write the first the letter again showing that that you recognize them at the champion and influence there in the community? Will you write the first a letter and then other people will want to follow and participate, etcetera? Okay, okay, this is a good cause. And i appreciate that you want to be the co founder it’s a big step for you. That’s. A big step for you. All right. S o we’re so we clearly need to be, as you said, mission focused. Otherwise, there’s not going to be the support and the understanding of why were even engaged online. Why we even doing anything online before we moved to metrics? Anything more that you want to say about about creating the goals? No. I mean, i think, you know, a lot of people feel like well, you know we don’t have ah brand new strategic plan or we don’t have things laid out like this, but i really just i mean, we just showed with this very sophisticated organization that tony and i have just created called save the alligators, it really is that easy to move from a really high level, lofty mission statement, tangible work in in social engagements. So regardless of what your mission statement is or how it’s set up now, i really encourage all organizations to start from that place and don’t feel like, well, you are the organization that can you really can. And i just like that. If there’s ever than a challenge to why do we devote resource is it could be just a two person or three person shot, but why are we spending time on twitter and facebook? Because it’s a direct thes three threes direct correlations to our mission here, we’re trying to get join with advocacy. We’re trying to get awareness we’re trying to get public policy change, and this is how our social social engagement strategy supports each of those elements of our mission, right? Exactly, which is so much more empowering to that that person, but also to the whole organization, they can now translate for themselves how the person working in public policy can work with the person that’s doing the online engagement, and they could work together and not just, you know, separately in their own jobs, they could see how both of them need each other internally as well. Okay, let’s, move, teo metrics way want to start to measure these things? That’s that’s a substantial criticism of social networking that it’s not measurable. How do we know whether we’re succeeding, which we’ll get to, but but that’s what? You want to dispel all that? Right? Because it is measurable. Exactly. I mean, when you you know, a lot of organizations it’s really easy to track certain numbers because the different platform’s show them to you very prominently you goto a facebook page and now the really prominent number of how many people have liked that page well for you, almost every organization i’ve ever met that number isn’t the crucial number that you care about on your facebook page because if you have a thousand people that have become a fan of your page but none of them ever comment. Or share or even read what you post there, it might as well be xero people that like your page because no one would know. So making sure that that you go beyond just those really easy numbers toe look at, like, how many people are following you on twitter or whatever? And again, go back to those schools if we’re talking about state of the alligators, and we know that advocacy is a really important part and people actually taking that action way contract that let’s say, we want to see how many people yet wrote the letter, but how many people shared the letter of someone else, you know, way down that prominent blogger and asked them to write up a love letter to the very first letter, how many people commented on the letter that they wrote, so it doesn’t even have to be your facebook page, but but how many people are engaging with the advocacy appeals, whether you posted them or they’re the appeal you know, in your network, and that goes to all kinds of things, so not just you know how many people are liking or commenting on that letter, but how many? People have retweeted it how many people signed up on your website to stay in the loop on what’s going on on that advocacy appeal? So making sure that even though we’re thinking about this social engagement work as social media, quote unquote ah lot of these metrics don’t stay in that silo of facebook. If you’re doing a really great job on facebook, engaging people around an appeal, you also want to be just a the same time tracking how many people clicked to your website and signed up for the email to stay in the loop or how many people come from facebook to your website. And how long did they stay on the website? You know, looking at that that full circle from your your quote unquote home base, your website or your campaign page to social media and then teo material like emails or videos where it would be something there just consuming and back again. So how is that whole, you know, three part triangle connected and staying engaged throughout? Okay, how do we know what Numbers 22 start with if it’s a number of people who go overto comment on the on the letter. That was written over on the bloggers site let that was posted. How do we know what kinds of numbers to begin with? I mean, some some of the most basic that that all organizations can at least start tracking now to see if they know where they want to go next. What they’re tracking is so be tools specific as necessary. So was twitter, for example, you don’t just want to say how many people retweeted us this week. You want to say how many people retweeted our post that had a lincoln? Um, and how many p people retreated our posts that didn’t have a link, because as you you know, set yourself up to separate that content, you’re better able tto learn from the data, if you see after three weeks of tracking that you have fifty retweets every you know for posts that don’t have a link and you have to re tweets for your post that have a link. Well, that’s your community saying please stop posting links to your website. We just want to talk teo on twitter of or the invert you see, everyone wants to be sharing those links to your policy. Documents, but no one is retweeting you when you’re just sharing information, we’ll make sure that your frequently not always but frequently posting with the link so separate out the data as best you can, so that when you’re tracking it, you’re able tto learn from it and take action on it. And so that was a twitter example, but facebook another place where you can easily separate things out. Is it something that you posted because it had a photo or a video? Or was it something that was just a language or even just taxed? And how? How does your community respond to those things? So look at how many people viewed at term people commented how people shared it on dh then we can talk about more of the measuring and processes in a minute, but basically the best thing you could do is just to start tracking don’t say, well, we don’t have certain things in place yet or we haven’t finished creating this really great profile photos were not really using that page yet. You doesn’t matter just start tracking now because you’re not going to be able to make those informed decisions about what. To try next, or what kind of content to start creating until you’ve at least started tracking some things so you could say, gosh, no one interacts with our videos on facebook, let’s not invest in creating another video right now today, let’s try something else instead of feeling like you have to get all of that set up ahead of time. I mean, i just wanna let you know we’ll talk about measuring success next time we’ll have, we’ll have well haven’t get engaged part for because the metrics this metric section is really important. What about the the metrics that facebook gives you, like free, post like reach on a number of people who viewed and we have just like a minute and a half or so left are those are those of value? Yes, they really can be as far as measuring kinds of your post against each other so that you can say, you know, gosh, this one reached a whole lot more people than the one we posted yesterday. But there are so many variables to that built into facebook’s system, but also into you know, what day of the week was it and what? Time of the day wasn’t and did a lot of people like it right away, and so that then translated it, showing up in all of those people new season, then all of their friends interacting with it, you know? So there are so many variables in there that it’s hard to look at, it is just a static number, you know, a magical silver bullet of a data point, but it is helpful when you do sit down tto look between posts and say, gosh, what made this one reach so many more people? Well, then you can you don’t just say, well, i guess this post is a lot better, but it gives you the opportunity to say, this is the one that reached the most what was going on here that was different. Was it in a different time of day? What is it at, you know, a different day of the week, etcetera, okay? And you and use that information. But, you know, different organizations really focus in on different metrics, so some organizations rely on the talking about facebook metric and not because it’s better or worse than anything else, but they just picked it. And said, we’re just going to stick with it so that we’re sticking with one metric for now, others, they’re looking at reach, another aspect that impacts all of that facebook data. Is it you didn’t invest any money in promoting your post, we have to leave it there. We’re going to continue this subject next time amy is on show way will have her back. I wasn’t sure, but since she’s talking she’s talking about no, of course, we’ll have get engaged part for in january in january, amy alligator, that’s, right, save the alligators, you confined amy at her blawg, amy, sample, ward, dot or ge, and on twitter she’s at amy r s ward. Ah, that’s it at me, rs word. Amy, i hope you have productive meetings in portland. Thank you so much, all right, thank you. I hope you’ll be back in the studio in january. I certainly, well, excellent. Right now we’ll take a break, and when we come back, it’s, tony’s, take two, and then gene takagi and emily chan are legal contributors on dutiful documentation. Stay with me. They didn’t think that shooting getting, thinking, you’re listening to the talking, alternate network, get anything. Cubine hi, i’m donna and i’m done were certified mediators, and i am a family and couples licensed therapists and author of please don’t buy me ice cream are show new beginnings is about helping you and your family recover financially and emotionally and start the beginning of your life. We’ll answer your questions on divorce, family court, co parenting, personal development, new relationships, blending families and more dahna and i will bring you to a place of empowerment and belief that even though marriages may end, families are forever join us every monday, starting september tenth at ten a m on talking alternative dot com are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications? Then come to the double diamond wellness center and learn how our natural methods can help you too? He’ll call us now at two one two 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 way look forward to serving you! You’re listening to the talking alternative network. Duitz lively conversation. Top trends, sound advice, that’s. Tony martignetti, yeah, that’s. Tony martignetti non-profit radio. And i’m travis frazier from united way of new york city, and i’m michelle walls from the us fund for unicef. Durney welcome back live listener love here in the u s lawyer, california port, ellen, new york, new york, new york, liquid new jersey and new bern, north carolina there’s more those air are so far live listener love to those listening here in the united states. My block this week is cause marketing guidance from the new york attorney general cause marketing is when you team up with a company so that you raise money and they either sell stuff or they enhance their reputation or their image because they’re affiliated with your charity on dh there’s a lot of blurriness around this because a lot of people don’t really know how much money actually goes to the charity or how it’s determined how much is going to go. So the new york attorney general had some guidance five recommendations nufer i’ll just mention two of them here explain exactly what’s being donated. A lot of times you’ll see advertisements will say net proceeds to the charity we’ll net net of what? How do they define proceeds? Also after the campaign? Tell us all how much was raised. People want to know what the impact was, did they? Did they? Make a difference for you. So those are two of the five recommendations from the new york attorney general there’s more on my blogged at tony martignetti dot com the post is called cause marketing guidance from the new york attorney general, and i’m still asking for your help so many listeners. I’d be grateful if you’d rate and review the show in itunes rating is one to five stars you started our page on itunes, which you’ll find at non-profit radio dot net, or you could just search and then click view in itunes and itunes will open up and you’ll see a place for ratings and reviews. So it’s just a couple of clicks, i’d be grateful if you’d rate the show and write a short review and you do that night tunes and i’m very grateful for that. Thank you. And that is tony’s. Take two for friday, december fourteenth, the fifty first show of the year. Joining me now from san francisco. Jean takagi he’s, the principal of neo the non-profit and exempt organizations law group and he had it’s the popular non-profit law blogged dot com on twitter he is at gi tak g ta. K and also emily chan, who is an attorney at neo-sage principal contributor to the non-profit law block she’s the american bar association’s twenty twelve outstanding young non-profit lawyer, which is now coming to an end. I don’t know what she’s going to do in twenty thirteen shut the rest on morals from from the previous year, but so far that today that title’s title remains and you can follow emily on twitter at emily chan, jean and emily welcome hi, tony. Happy holidays. Hello. Thank you, emily. What you gonna do in twenty thirteen? You know, i’m not think reminding thinking about that. I’ll have to say she was last. Year’s american bar association. Outstanding. Young non-profit lawyer it’s it’s. Not the same laurel resting it’s. No. Good. We’re here to talk about documentation. How to get the right documentation and acknowledgements to your donors. But first, how to know what date the gift should be dated. Your your acknowledgement certainly has to have the date of gift gene let’s. Start with you. If if if a gift is a sent by mail us mail. What? What date do we does? The charity use for the date of gift? Well, the charity is probably going to use the postmark days, but the actual date that the don’t i get to take the deduction is the day that the donor dropped that envelope with a check in the mail box. So if it gets postmark the next day or january first, which is the next day, if they do dropped it off in december, thirty person gets post by january second. Donors have to form the charity that dropped it off. Oh, my gosh. Okay, gene, can you speak a little louder? Great. Uh, gene, can you speak a little louder for us? Yeah, absolutely. Tony so great question donors goingto take the deduction on the date. They drop it in the mailbox. But make sure that the charity knows that otherwise the charity’s gonna use the postmark date on the envelope on those could be different. That’s true. It’s. Okay, all right. And this becomes important as we’re talking about december thirty first versus january first or second when the when the gift is actually well, wouldn’t be open to probably january first. But it’s actually received and opened in the office january second or third. This becomes important. For those who wait till the last minute. Jean what about if it’s not received us mail, but it’s received by fedex because the person waited till the last minute or some other overnight service. Another great quest? Tony, don’t send last minute charitable donations through fedex if you’re trying to get a deduction in two thousand twelve because then that the charitable contribution will be deemed given when the fedex arrived and was received by the charity’s avectra steve january second that’s going to count of the two thousand thirteen death. Better to drop it in the mail that i sent it fedex on december thirty. Okay, excellent, excellent advice. And, of course, if gift his hand delivered, if somebody comes to your office, then that would be the day they handed over to you that’s. Right. Ok. Credit card donation. Same way is the day that that credit card is process. So the day that you give it, uh, okay. Well, wait now. Credit card processing, the date you you do the form online might not be the date that it actually gets to the gets to the charity and process. So how does that work? Well, it will be the day that it’s processed by the credit card companies. So it will usually be instantaneous. Okay. And would you use the date on your statement then? As the as the right date of gift watch? The donor’s probably gonna deduct it on the date that they made that charge. So yes, if they’ve got a receipt for it on december thirty first. That’s, the date you it might be different from the bank statement dated the bank takes a delay in processing. Take your receipt if you make that charitable contribution. Okay. You mean the credit card credit card receipt? Yeah. Okay. Okay. Emily let’s. Turn to you. Now, we now we’ve figured out how to know what date to put for the for the gift date. Let’s. Start with gifts of of cash. How do we appropriately acknowledge those for our donors? So, you and tony, tony, you and jane have already talked about some of the ways that you do. This is the donor. For example, looking at your bank records were having some kind of receipt that maybe automatically prints out. But when we start looking at gifts over two hundred fifty dollars, it’s important that the substantiation you have is something that actually comes from the organization. Um, and this is an irs rules, so again, default attacks mary-jo have a receipt for everything that you’re going to deduct, but when you’re looking at something over two hundred and fifty dollars, you need to make sure that the organization gives you some kind of written substantiation if you plan to take that deduction. And the funny part of this rule is that generally speaking, the organization isn’t required. Give that to you so again, as the donor is good to be informed of what you need and same thing with an organization and know what the donor needs, that you have good donorsearch right on dso our listeners are mostly the charities, so so over two hundred fifty dollars, they’re required to send an acknowledgement. No, they’re not required to something unknown judgment, but the donor is required to have one so it’s good donorsearch to put something in place for the organisation, that you’re able to issue out those in a timely manner and also with the most efficiency from the organization’s perspective, and the substantiation should say, you know what? You would expect, like, the amount of the contribution, but as well as whether that dahna received anything in return for the contribution. And if they did, how much they received a return. Okay, and we’ll get to that shortly. But also the date of the gift, right? You have to tell them, is not sufficient to just date your letter, but you have to give the date of the gift correct and it’s important to give that substantiation in what they consider a contemporaneous manner, which means before the end of the year of when the donor would make that deduction basically. Okay. Okay. Before so it before the end of twenty. Thirteen. You mean when they would claim the deduction? Is that what you mean? Right? Right. Okay. But of course, you want to do it before then, because there probably going to be filing their taxes by april fifteenth or october at the latest. Okay. All right. So now i wanna make sure i didn’t confuse listener. So two hundred fifty dollars, what’s the what’s, the what’s. The rule around two hundred fifty dollars, for two hundred fifty dollars, or more. The donor’s required to have a written substantiation from the organization the caveat here that was generally speaking, an organization isn’t required to issue one on we’ll get you an exception like he said in the seconds, but this is really important for organizations. No, not just look at what they’re required to do, but what would be a best practice to do, and it is the best practice as far as your donor issue, those, uh, received for them so that what your donor isn’t going to come back and say, hey, i tried to take the deduction that you never gave me this acknowledgement, and now i’m upset will never don’t you again, right? And of course, the really best wayto be thankful for gift and to express that is tio acknowledge every gift, even if it’s only five dollars? Yes, we would say so, but i don’t know that especially have it’s the hyre amount it’s even more important, we would say, because of this extra requirement from the irs. Okay, let’s, go teo publicly traded stock, and we’re not going toe listeners. We’re not going to talk about, um, privately held stock in privately held companies because it becomes very difficult of value. And things like that. But emily for a publicly traded stock first let’s define that. What do we mean by publicly traded? So this would begin stock that’s being treated openly on the market right now. So you would be able to look at the stock market and figure out how much it’s trading for at any given day or time. All right. And how do we acknowledge that kind of a gift? So this would be assuming that the organization is going teo, liquidate this right away, meaning that they’re also going to sell it. You’re going to treat it just like another contribution again? That could be tax deductible. So the organization is going to want to know again. Asshole of the donor. How much? That doctor’s words on the day that it’s given to the date of the gift. And basically the way that you do that. If you look at what it’s being chased out the high in the low and you take the average okay, excellent. Some people there’s some confusion. Sometimes people think it’s the value that the stock closed at on the day of the transfer. But that’s not right, it’s that average that you just explained if i can jump in it’s important to realize, though, that that’s going to be the donor’s responsibility to figure out what the deduction amount is. And the charity is giving those numbers just a matter of convenience for the donor and the donor’s tax advisor. So should there be some little caveat in your letter that says we’re not providing tax advice in giving you the value or what? What? We estimate the value of your deduction to be, i think that’s great advice, tony, to just say that caesar for internal gift recognition purposes, and to please seek guidance from your tax or financial advisor regarding the deductibility of your gift. Okay, gene let’s, stay with you. We have just a minute before a break so let’s, you know what? Let’s, just take our break and we’ll make a clean cut and, well, gene and emily and i will continue talking about documentation for quid pro quo gifts. What happens when you get a little thing back or something big back? And how do you value those things? Stay with us. Dafs you’re listening to the talking alternative network. 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 have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Talking alternative radio twenty four hours a day. Welcome back to tony martignetti non-profit radio. Okay, let’s, gene let’s, talk a little about when someone gets something in exchange and let’s start small. Suppose you make a gift and you get back a mug or a pen or a t shirt. Kind of what generally, the rule is if the gift for the contribution or payment that is being made by the donor is more than seventy five dollars, and you’re getting something back in return of value, then the charity has got to give you some sort of written disclosure that indicates the value of the item is given in return. But if it’s a token, ida, um, then there may be no need to do that, so token item might be okay. And what is a token is actually kind of defined, um, by the amount it is, it could be a low cost item. Or it could be an item that has the organisation’s name on it on. And if it’s a low enough value than that that’s going to be okay. And so the dollar figures i’m goingto let emily provided it doesn’t come off the top of my head. But it’s the low. Cost article, i think, is nine seventy with the organisation’s name or logo and if it’s not with the organisation’s name or logo, if the mug is less than two percent the lesser of two percent of the donation or ninety seven dollars, then you don’t have to give that written disclosures statement that says the amount of the value of the item given back to the donor return. Okay, that’s, a that’s? A lot to unpack, but listeners could go back and play that play that part back-up emily does does jean have? The number is correct. Okay, okay, now, gene, that was if the if the donation is more than seventy five dollars, if the donation is less than seventy five dollars, then you don’t have the charity need not disclose what was given in return. Is that is that right? Yet although it’s going to be a good idea for the charity to do so anyway, because the donor can only deduct the amount of the payments that is actually a charitable contributions so other than for those token token items, then something for the charity to indicate. So even if he gave a fifty dollars, gift to charity. And you got twenty five dollars, back. That charity should indicate what that amount given back. Okay, so, so sort of similar to what we talked about before it’s. Just it’s. Good practice to just do it all the time. Uh, disclosed what was received all the time. Okay. Plus, i just got makes it easier for your for your gift processing people. Teo did not have different rules. Just do it all the same way each time. Yeah. And note that this comes up all the time when charity’s hold their holiday party events and copied the chicken dinner with the ticket. Um, so the chicken dinner given back is a benefit that probably is more than the token benefit or the low cost benefit. So that’s going to be something that the charity will want to get back into receipt? The whole ticket may not be deductible, but a portion, maybe. Okay. And what? What about the silent auction items that you have? You have advice around those two? Yeah. Now, that gets to be a very tricky area. Because when you received ah non-cash contribution from a donor, the charity not goingto value that so. If somebody gives you a expensive vase and they say, you know, this is our donation to you, the cherry has no responsibility and is not in the business of appraising that for the donor. The donor is gonna have to do that themselves begat the deduction. But the charity will give back a receipt stating that a description of the items given, however, the big exception is if now the charity goes ahead and take that vase and puts it into a silent auction. And somebody bids sport let’s say somebody bid five hundred dollars for that body, right? The charity has got a responsibility to let the donor or the person paying for the box know what portion is a donation. And what portion is really the value of that vase? Uh, that they’re actually making just a strict payment for quid pro quo. Because it’s part sale and part gift and only the gift portion is deductible. Okay. And how are we going, teo? Value that? Yeah. Really tricky it it depends upon the item. So you know, if it’s super expensive than the charity, may have to get an appraiser to do that, otherwise they might. Look into, you know, being if it’s a fairly modest item, you may just look on ebay or craigslist that used and try to figure it out, but you don’t have to use reasonable method based, but, you know, pop your resources and the valley of the gift. Okay, emily let’s, go teo volunteering if someone’s instead of instead of making cash gift or stock if they’re spending their time with the organization, what what does the charity have a responsibility to? Teo teo, disclose that or acknowledge it in a certain way. And what can the donor deduct? I’m not necessarily so. The thing about volunteer services that the individual volunteering not deduct. I got the value of that volunteer time. So let’s say it’s the equivalent to paying, you know, twenty dollars per hour for your bookkeeper or something like that. You’re you’re volunteering the service, an organization that not deductible. But what could be deductible are the expenses that are incurred that are related to the volunteer services. So what say the cost of gas to get to the non-profits a place of business in order to do the financial services for them? Okay, we really have to leave it there. We just have a brief moment. Emily there’s a couple of publications that are valuable for for charities to figure this stuff out. What? What are those? Please? So there’s, the irs publication seventeen. Seventy one that’s. A really easy to read pamphlet. There’s also an irs publication. Five twenty six, which is a more comprehensive guide on charitable contributions and anything that’s tricky, like art or vehicles. There are special irish publications for that as well. So i would look for that specifically. Okay. And you’ll find the pubs on iris dot. Gov. Yes, that’s correct. Okay, we have to leave it there. I want to thank. Jean takagi and emily chan are regular legal contributors from the non-profit exempt organizations. Law group. You confined them both at non-profit law blawg dot com happy holidays to both of you. Thanks very much. Thank you. My pleasure, aunt. Of course. Also, my thanks to amy sample ward next week. Robert egger, ceo of sea forward that’s the letter c. He and i are going to talk about how to get political candidates to add non-profit issues to their platforms and how to endorse the candidates. Who? Do and scott koegler will be with me, our regular tech contributor and the editor of non-profit technology news. You can hardly navigate the social way without smacking your head into tony martignetti non-profit radio. We’re on facebook, youtube, twitter linked in four, square all those places and if i can urge you to go to itunes again, i’d be grateful if you would rate and review the show there wishing you good luck the way performers do around the world. We’re still in poland where where i’m wishing you poem ania nuke breaking of the legs again a z i told you last week, that’s plural so both both legs gotta go wishing you for ah for the time till we get another country inn poem ania nuke our creative producer is claire meyerhoff. Sam lever, which is our line producer, shows social media is by regina walton of organic social media, 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 went to two p m eastern on talking alternative broadcasting at talking alternative dot com. Out! I didn’t think that shooting. Good ending. You’re listening to the talking alternate network. E-giving take it cubine hi, i’m donna and i’m done were certified mediators, and i am a family and couples licensed therapists and author of please don’t buy me ice cream are show new beginnings is about helping you and your family recover financially and emotionally and start the beginning of your life. We’ll answer your questions on divorce, family court, co parenting, personal development, new relationships, blending families and more dahna and i will bring you to a place of empowerment and belief that even though marriages may end, families are forever join us every monday, starting september tenth at ten a m on talking alternative dot com are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications? Then come to the double diamond wellness center and learn how our natural methods can help you 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. You’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. 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 friday’s one to two eastern on talking alternative broadcasting are you fed up with talking points? Rhetoric everywhere you turn left or right spin ideology no reality, in fact, its ideology over in tow. No more it’s time for action. Join me. Larry shot a neo-sage tuesday nights nine to eleven easter for the isaac 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 wants a go 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. Talking dot com. Hyre

116: Grow Your Grateful Patient Program & Disaster Relief – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Bill McGinley, president and CEO of The Association for Healthcare Philanthropy (AHP)

Nancy Johnson, senior consultant at Target Analytics

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

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

View Full Transcript
Transcript for 116_tony_martignetti_nonprofit_radio_20121102.mp3

Processed on: 2018-11-11T22:54:35.833Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2012…11…116_tony_martignetti_nonprofit_radio_20121102.mp3.744292779.json
Path to text: transcripts/2012/11/116_tony_martignetti_nonprofit_radio_20121102.txt

Dahna hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent, i’m your aptly named host. My thoughts this week, of course, are with everybody affected by sandy up and down the northeast than into western new york, the finger lakes and ohio. My thoughts are with you, i am calling in from north carolina because i couldn’t get back home in time to do the show. So what? We have a show and we’re proceeding, i hope you’re with me last week. Oh, it would hurt me deeply tto learn that you had missed a conversation with janet eggers she’s, a senior vice president of products and marketing for blackbaud at their bb con conference last month, we talked about what’s coming in the non-profit technology market, special considerations for purchasing technology and leadership lessons that she learned from being a triathlete. Also gps global positioning. Scott scott koegler is the editor of non-profit technology news in our technology contributor, we talked about location based services that use the gps technology in your smartphone. Four square, instagram, yelp and facebook places are examples of sites that you can learn from your partner. With to get to know your donors and volunteers better this week grow your grateful patient program bill mcginley, president and ceo of the association for healthcare philanthropy, hp and nancy johnson, senior consultant at target analytics, sat with me at the bb con conference to talk about health care, grateful patient fund-raising why these prospects are critical and very generous privacy concerns and how to start your relationship. Also, disaster relief charities want to help hurricane sandy victims, but in the rush to help, you can’t ignore the rules around private benefit needs assessment and documentation, you’ll be on the right path with our legal contributors, jean takagi and emily chan from the non-profit and exempt organizations law group between the guests on tony’s take two i have a bunch of sandy disaster relief organizations that are doing very good work, and i’ll share some of those. If you’re on twitter, you could be using the hashtag non-profit radio to join the conversation with us. You take a break and when we get back, we’ll go right into grow your grateful patient program stay with me! They didn’t think dick tooting getting dink dink dink dink you’re listening to the talking alternative network waiting to get in. E-giving, you could joined the metaphysical center of new jersey and the association for hyre awareness for two exciting events this fall live just minutes from new york city in pompton plains, new jersey, dr judith orloff will address her bestseller, emotional freedom, and greg brady will discuss his latest book, deep truth living on the edge. Are you ready for twelve twenty one twelve? Save the dates. Judith orloff, october eighteenth and greg brady in november ninth and tenth. For early bird tickets, visit metaphysical center of newjersey dot or or a nj dot net. Hi, i’m donna, and i’m done were certified mediators, and i am a family and couples licensed therapists and author of please don’t buy me ice cream are show new beginnings is about helping you and your family recover financially and emotionally and start the beginning of your life. We’ll answer your questions on divorce, family, court, co, parenting, personal development, new relationships, blending families and more. Dahna and i will bring you to a place of empowerment and belief that even though marriages may end, families are forever. Join us every monday, starting september tenth at ten a m on talking alternative dot com. Dafs you’re listening to the talking alternative network. Yeah. Geever. Durney durney welcome to tony martignetti non-profit radio coverage of bb khan twenty twelve we’re in maryland, just outside washington, d c my guests are nancy johnson she’s, a senior consultant, target analytics, blackboard company, and bill mcginley, president and ceo association for healthcare philanthropy, both of you. Nancy bill, welcome, thanks for taking time on a busy day. Delighted fundez your seminar topic is best practices for successful healthcare fund-raising strategically grow your grateful patient program. Bill president, ceo of association for health careful answer. I’d like to get the articles right that got you surrounded. Details report. I like the articles. Why is a grateful patient program critical to healthcare? Fund-raising let’s start with basics in health care and our group, particularly those were representing providers, hospitals, medical centers, long term care, hospice and such. The group that is connected that has had an experience that has been touched by the provider is a very important group. They’re very generous, they are involved. They know what the organization is about, what it can provide. So there they are more generous, the average member of the public simply because they’ve had an experience with the institution they know what it’s like they are part of a major part of the family, which is the physicians, the employees, the governance, the executive, the trustees of the hospital, and grateful patients. They represent over fifty five percent of individuals that give healthcare so they’re essential for us and their big givers help me understand why they’re not unapproachable because of privacy laws. Well, they are very approachable, and privacy rules allow the health care provider access to demographic information, so names, addresses of patients are part of what we do internal for our fund-raising is perfectly acceptable. So it’s acceptable for the clinician to share with you development office is that right? Think the physician at the hospital, the nurse, the janitor can refer a name to the foundation for somebody who might be interested to get okay is perfectly acceptable in permissible under the law. And nancy, why don’t we start with some of the tips that you have for growing this very important grateful patient program? Fifty five percent of individual fund-raising to health care’s from these people. How do we get started? Absolutely well, one of the main objectives have to be able to find the people that are. In the hospital immediately so that the foundation can really approach, not approach them for it. I’m coming to say hello, i’m introducing you to the foundation and letting you know that our goal of the foundation is to increase the awareness of what we do to help raise more money. And so what we see is the opportunity to find the best people to make the right gift at the right time, and what we’re doing is identifying with people that are most capable as well as the people that are already connected. How do we start that conversation? Once we’ve identified people, how do we initiate conversation while they’re in the hospital? It’s a quick hello, i want to connect with you now, if you’re already a donor, i’ve been wanting to meet you. You’ve probably been wanting to meet me. We’ve maybe meditate events, we’ve we’re friends, so you would expect me to come by and say hello to you. So these people were starting with the premise that these are people who are already known through the hospital, oftentimes they are ok. Other times you’re a new prospect. A new patient, that’s just came to the hospital and what’s important is to let them understand and know that we have a foundation that will be working with them for the future. Okay, bill, what do you hear from fund-raising professionals in hospitals about making that initial contact? What kinds of responses are our patients willing to talk? Oh, very much so. And when our members are making these visits there rounding and they’re there in the room with a patient, one of the things that are offering to do is they’re they’re our contact for you, anyone that comes into a hospital to have a procedure that is very unique for the individual. It may be a bit routine for some of the providers are member, you know, really steps across that gap, providing for as a resource answering questions, someone they could turn to for communication to make sure that they’re comfortable, what with what they’re receiving and the kinds of things that they’re going to undergo an experience while they’re in the hospital, because it is a foreign land to anybody. Who’s, a patient who’s coming in for russian scary that can be absolutely it’s unknown and while again, it’s very routine for the providers in the sense that they lived there, they worked there. It is a unique experience for any patient is coming. Nancy, i took you on a slight aggression howto make contact once we’ve identified, but what’s your advice around doing the identification. Current patients absolutely. We have a process that is totally automated, so no human hands touching the data way. Use the black boy as blackwater target analytics. Many of our clients use razors edge as their donor management system. So many of their donors are already no one, and we compare they’re the names of the new admits two there database as well as to wealth program, and we’re putting a radio, letting them know the best prospects for major gifts, the best prospects for annual e-giving and that allows them then to make a decision if they should go visit okay, and or put them into an annual solicitation lorts joining and something even better. Yet, if we’re visiting someone that we know that is a major gift donor. And maintaining their interest in the programs and their opportunity to support activities that are beneficial for others in their this is an opportunity for the foundation to reach out to people with them in the hospital. So i look at it is they’re coming to visit you there, there if you don’t reach out and say hello to them after you’ve had a relationship for years, not really good. I want to say at least a hello it’s not going to be a long visit, but i’m reaching out to you. What if it is someone who’s who’s due to the hospital? Not part of the family, not someone you’ve known for years still appropriate, too. Greet them while they’re in the hospital? Absolutely, i believe that most people when they’re in the hospital, they’re experiencing something unique buy-in it may be the first time they’ve known about the hospital, they become part of the health care family there and by reaching out to them they expect it’s, a buffalo here here’s i discount for gift shop or maybe i’m goingto leave the newspaper behind for you. I come in with a friendly face, i’m not bringing in needles. And i’m not taking blood from you and it’s. A quick high. Okay, okay. Talking alternative radio twenty four hours a day. Joined the metaphysical center of new jersey and the association for hyre. Awareness for two exciting events this fall live just minutes from new york city. In pompton plains, new jersey, dr judith orloff will address her bestseller, emotional freedom, and greg brady will discuss his latest book, deep truth living on the edge. Are you ready for twelve twenty one twelve? Save the dates. Judith orloff, october eighteenth and greg brady in november ninth and tenth. For early bird tickets, visit metaphysical center of newjersey dot, or or a h a n j dot net. 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 way. Look forward to serving you. You’re listening to the talking alternative network. Oppcoll durney i found that interesting. What nancy said in the session earlier today was that these people are coming to your home. They’re coming to the hospital are home, they’re coming into our facility. Ten there are any experience you have in the hospital there are there five, ten, fifteen people that air in and out that air touching your life during that process and tohave one focal point that could be helpful that, you know, you could turn to if you’ve got questions or a spot that you can go to a person, you could go to facilitate communication and make sure it’s clear among all these services that are being provided is very much appreciated by patients. That’s what we find so you’re encouraging the fundraiser to ask, act as a resource? Yes, from times they do on dh it’s quite appreciated, as you know. All right. So then, after we’ve identified we’ve initiated contact bill what’s what’s another strategy for growing this program. Well, that’s part of what we were talking about today, there are different levels of grateful freight patient programs at the very basic level, you find that contact that call being made that introduction and it may be sixty or ninety days later where we’re looking at that individual and deciding is this someone we wantto make an appeal to our reach out to bout some program or service that we’re offering where their donation can help someone else? Is it someone who’s contributed in the past or who has the capacity to do more? Do we want to put them way want to put an effort in front of them or an opportunity in front of them as a major donor, where they can make a significant difference because of their contribution to the community and, you know, that’s very basic there others where you’re doing the analysis in the analytics, if you will, you’re assessing wealth management capacity so that when you talk with someone, you develop a relationship, you clarify their interests and also the level of what you believe they can support a particular activity in helping others. Now, nancy, you’ll have to forgive me because i’m going to ask bill about what some advice for hospital may not have reasonscall so there are some way to walk away. I don’t want to have a conversation, but i’m just thinking of our audience is small and midsize charities, and there might be smaller hospital. It doesn’t have reasons aid xero identifying you wanna do it right? Well, i will tell you. Okay, identifying grateful patients. We often look we’ve compared to their database no matter what it is, and so doesn’t have they don’t have to be a razors that juicer. The ideas were helping them identify grateful patients and look into the patients that air there so that they’re contributing to their experience. So it’s a step just that they would have to be a mechanism for sharing the information from from no, i don’t know if it’s missions exclusions. It comes from admissions. Typically it kind of sermon ambitions. And then it’s submitted and and no one really has to touch it. It’s, elektronik lee done. We screen it, and then the results are back within ninety minutes so that the foundation can decide. Okay, who’s the best person to go visit this oversignt bilich and our members are clearly using razors, edges of tools. And one of the best advantages of this as a tool is simply that expands our members capability beyond it. Maybe multiple be able. To multiply the impact, one person can have two, twice a ce much three times as much because it is some of it’s automated but it’s more instantaneous than than operating off of written records comparisons that you’re making relative to wealth management to an individuals in the hospital or who has been discharged is instantaneous, as opposed to trying to make all those connections in your head. So this truly, really expands our members capacity, forgetting to more donors this right on that’s, that’s, invaluable. Okay, well, do you have specific advice for smaller hospitals, health care facilities that whether they’re using razor’s edge or not isn’t an advantage to be a smaller, maybe community hospital? Well, you know, it’s it’s so much like any everything you’ve heard around the world all fund-raising is local, and it is individual in many respects and again razors age is a tool enables that capacity if you don’t have razors, eggs, there are some other alternatives and things you could do all the way back to when i started, when it was, you know, index cards in a shoebox, but it’s, that kind of approach, so there are things in between certainly. Razor’s edge is sophisticated, and really, the value is really an expanding capability. But there are other ways you could do that. Part of it is more manpower, which is hard to get in smaller organizations. Part of it is a process and dedication to that process every day, no matter what the elements are that you put in place so you can make it work. That may not be quite as effective without some of these tools, but it’s still gonna work. Okay, so the smaller community, when i’m familiar with a smaller community hospital, shouldn’t avoid grateful patient program. No, not it all so quickly. If your foundation executive this fund-raising is part of your obligation, your purpose and it’s within the health care community. These are institutionally related foundations to the hospital, right? They’re not out raising money for the you know something else in the community focusedbuyer hospital? Absolutely. Okay, honey. Another area that we all thought blackbaud way want to be able to help all sizes of none. So we eat. Tapestry is a wonderful solution. That is many times used for the smaller community hospital. See tapestries at a cloud based. Is it ok? And so i don’t think we know history tells us we’ve worked together for many, many years that many of the hospitals use razors edge that it like you say some of the smaller, newer hospitals, maybe they don’t need the sophistication, and they have way have a wonderful opportunity for them to use a tapestry let’s talk about some other advice around building back to building this grateful patient program. Nancy what what, what, what what further advice did you give him? Your seven? Well, each hospital is unique. And when they started looking at what makes the program different, it’s getting buy-in from the whole health care community from the top all the way to the to the janitor that’s in the room with someone the foundation needs to be more than the organization of the part of the organization that says, hey, do you want to be, how much are you going to give to the employee program this year? We want to make sure that the foundation is connecting with the nurse is the people that are front line with patients and making sure that we’re hearing you need to stop in and have a visit. Kayman we need to make sure that we’re introducing grateful patient programs that can enhance all the different areas of the hospital so that everyone’s understanding those programs and bringing the community together because really it’s all about the services that were providing to these cubine what’s your advice about getting getting clinicians involved in fund-raising first, they’re busy, my my what i hear and my experience in doing some plant e-giving consulting for hospitals is docks are typically well, i don’t know a good number of doc’s doctors are not willing to partner really with fund-raising with development office for the foundation, what’s your advice for sort of breaking down those walls, i think when you really start involving the whole team and you have a new approach and it may be a totally new approach, you have to think outside of what you have done in the past, health care is we’re having to raise more dollars every year, and when you’re asked to raise more dollars with less, you’ve got to use the right tech what’s what’s into approach help us help the audience understand what what’s one new approach they go to their their doctors by implementing this information so that i can focus within ninety minutes and be able to be next to someone and introducing all the good work we do that makes it takes the guesswork out of it. It allows me to be more focus, and then it also allows doctors to have opportunity to refer people to us and a system in place so that they know as a team we’re working together. Will you have you have advice for breaking down those walls, getting into those characters who are often unwilling it’s, not just the doctors you’re talking about building a culture of philanthropy and awareness throughout throughout the community, right? You do that, you do that. You do that with the orientation, with new and ongoing employees that you have. You do that in the training opportunities with the nurses and with practitioners and such that you’re talking about philanthropy or letting know about the foundation with the physicians, they’re human beings, too. You need to embrace them the way you do others, and there are programs and activities that could be very supportive of areas that they are interested in, either in their specialty orin pieces of equipment. Or things that are going to make their delivery of care much hyre to their patients, so sometimes it has to be very specific for helping them to see what the foundation could do for them if they’re willing. Tto partner and i mentioned that family of donors, the physicians are large portion of that, right it’s not every physician, but it’s, the ones that turn on to see the fact that getting involved this way, and even being philanthropic myself, which, if i do it through plan giving or some other vehicles, can benefit me and directly, you know, that has a meaningful impact on my patients and that’s where doctors focus it’s all about them and their patients seems to me so if we could bring it down to the patient care level, the benefits of working with the foundation, making those clear and one one other element that struck me is that in that culture of philanthropy, what you want to get it too is a point in the overall institution that this isn’t something that’s nice to have. This is something that’s essential that needs to be elevated to the strategic level, the planning of the whole so that the executives on the hospital side are learning to plan for and depend upon and demand that philanthropy be a major part, their business, and what they’re trying to do with it has to come from leadership, right, creating a culture and and we see in our benchmarking service that we do with the standards where you have the ceo of the hospital involved in active way in, you know, signing letters in being president, making some of the calls with you as appropriate, you’re getting a much better result in a much better return on the dollars that are being raised, because donors want to know that there have any impact, and the important people in this business are aware of what they’re doing. And bill, i think we’ve seen that change over the years. The two of us sitting in these seats have watched healthcare philanthropy changed enormously. Wey have to leave it there. Thank you. Nancy johnson, senior consultant with target analytics and bill mcginley, president, ceo association for healthcare philanthropy, thanks very much for being guest. Thank you. You don’t know what you want. Tony martignetti non-profit radio coverage of become twenty twelve. We’ll be back with additional guests. I, you’re here further seconds, stay with us, my thanks to nancy johnson and bill mcginley and all the people at bebe con. It was a pleasure to be there, and i have more interviews from b become twenty twelve coming for you. Right now. We take a break when we return. It’s, tony, take two, and then gene and emily disaster relief. Stay with me. 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 conscious people. Be better business people. 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. We’ll discuss what you’re born, teo you society, politics, business and family. It’s, provocative talk for the realist and the skeptic who want to go 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 every time i was a great place to visit both entertainment and education listening. Tuesday nights nine to eleven, it will make you smarter. 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 lively conversation, top trends and sound advice. That’s, tony martignetti non-profit radio and i’m janna agger’s, senior vice president, products and marketing from blackbaud. Time now for tony’s steak, too. I have a lot of ways that you can help hurricane sandy victims throughout the country because, of course it was not only the northeast, not only new york, that was that was hurt, but the hurricane then you know, from new york city went into western new york and upstate, into the finger lakes region and then into ohio. So nationally there’s the american red cross. Um, you can donate at red cross dot or gq, or you can text red cross two, nine zero, nine nine, nine, and you’ll be giving ten dollars, to their disaster relief fund, including sandy. Red cross is also looking for volunteers, so if you’re able to volunteer red cross dot or ge is the place feeding, feeding america, they have a lot of food and emergency supplies. Water uh, that they’re e-giving throughout the disaster zone and to donate to them, go to feeding america. Dot org’s save the children is also working to provide relief to families and their children metoo they are at save the children dot or ge craig newmark, who has been a guest on the show twice uh he’s, the founder of craigslist and craigconnects and he’s uh, he’s matching donations up to twenty five thousand dollars for sandy victims and he’s doing that through crowd rise. So to give to that fund-raising dot com flash sandy relief. And when you go there, a picture of craig pops up. If you want to be more local in in new york, there are a lot of blood drives. I read hundreds of blood drives that were canceled because of the hurricane throughout new york state. So now we need blood. And if you want to donate blood in the new york city area it’s, new york sorry. And why blood center dot or ge? If you happen to be a techie in new york, you have tech skills. Um, new york tech meet up and new work city are organizing volunteers that have technology skills to help with relief efforts to help new york area businesses and non-profits get their technology back up and running. For that, you can go to bitterly dot slash hurricane tech volunteers. So that’s, uh, which place is that you can give time or money too, in support of people that are really in need throughout the northeast and a pinto, i said, north northern new york state and ohio, and on my block this week is a post called researcher bias in smelters planned e-giving study. Delta company did a a survey of potential planned e-giving donors. These people, they believe, are potential plan giving donors, but i detail in my in my block that still, the company also makes its money in large part bye selling print materials, direct mail materials, no website and consulting services for for outreach. So to me, it’s in there, broad corporate interests to have a bigger base of, of playing, giving prospects than we traditionally have had, and that, to me, creates conflict. They want to sell their services, and they’re encouraging charities to look beyond the what’s. Been the traditional prospect pools in terms of age and boiled e-giving history, and that i detail at on the block again. The post is called researcher bias in altars. Planned e-giving survey and my blog’s is that tony martignetti dot com that is tony, take two for friday, november two forty six show of the year with me now jean and emily. Jean emily, are you there? Hi, tony. This is jean and least beside me, but it’s going to be me alone today. And we hope that you and your family and all your loved ones are doing well. Our thoughts and prayers for everybody affected by the hurricane. Thank thank you very much, jane. I know you’re familiar with natural disasters being in the san francisco area. Yeah, we certainly did. Emily is there she’s just holding your hand or what? You’re not going to die. She pretty much is holding my hand and promising, tell me what to say. Okay, of course. Jean takagi and emily chan, they’re firm is the non-profit and exempt organizations law group neo-sage which you’ll find at attorney for non-profits dot com and jean jean’s blawg is gene. I don’t have it in front of me because i’m remote right now. Remind people what you’re what you’re bloggers, please. Sure. It’s just the non-profit lob log non-profit law blawg dot com and emily is the contributor to that as well. Um, so we’re talking about disaster relief, obviously timely. If a charity wants to do something, they’re so moved, maybe they’re in of a neighborhood that was that’s affected or whether they are or not. Can they just start, eh? Sandy disaster relief fund that’s a great question, tony, and, you know, charities are often the centres of their communities, especially in small communities and it’s really great to see communities pull together and non-profits wanting to help, but sometimes the non-profits mission is not aligned, oh are consistent with providing disaster relief. They might be in existence for doing some others types of services, but that doesn’t mean that they can’t help, but it does mean that they may have to take some steps before they help, and one of the things that they need to do is they need to change their mission. So they’ve got to make sure that on their website, on their marketing materials, and particularly if they’ve got a mission statement in their articles of incorporation or their by-laws to change that, to expand it, to be being able to provide those disaster relief services that they want to provide for pete’s sake. So if i want to do something, i can’t just do it the next morning, i have to look at my articles of incorporation first, yeah, you’ve got to get that board together and take a in an emergency action txtgive that that mission statement to the extent that it is constrained by your articles, so you’ve gotta operate consistent with your governing documents. So you’ve got to change those if there is that statement in there, that’s one of the reasons why we like to make sure that the articles purpose statement, they called a certificate of inc in new york, it’s not so specific that you can’t uh, uh, let your organization of all take on things like this in the future and then a tip for revisiting your mission statement for all non-profits so is there a phrase that is safe that is brought enough that you recommend it doesn’t have to say hurricane relief, right? Absolutely. So you can say we’re providing charitable services in whatever area you want to focus on on dh leave, it is broadly is that in your articles, and then you could define it more specifically on your website and on marketing materials like grant applications, but when you decide to engage in a new activity like disaster relief, and that really goes outside of what you’re doing. Perhaps you were providing music education, you know, when you really go outside of that pounds, you’ve got to make sure that you don’t use prior donors funds, which were dedicated towards music education in our example. But you’re using nufer funds once you’ve changed your mission statement to engage in that disaster relief activity. Okay, onda of course, once you start collecting funds for a certain purpose, then you have to use them for that purpose. That’s correct. You can’t then if if the if the disaster is is overcome, you can’t switch your funds back to music, right? So the money that you resent you raised for disaster relief, you’ve gotta make sure that they’re focused on that. And we had some issues with that after nine eleven. And so are some other duvette actors where organizations felt that they had expended enough money in that area and wanted divert the rest of the money into other areas beyond that could be a real danger. All right. Is emily passing you notes right now? She always passes me notice. Okay. Okay. Stop it, emily. Genes genes good on his own. He knows what he’s doing. Okay, so once you then expand the mission statement, if you need to, you also have to inform the irs. Is that right? Yeah, although you don’t have to do that right away. So you can engage in the disaster relief activities, which usually you’ve got to do pretty quickly. But you can report the change in your activities and the change in your mission to the irs when you finally form nine, ninety for the year in which you changed those activities. So for example, you wouldn’t have to file if you were going, you know, finally for two thousand twelve until may two thousand thirteen. Okay, okay. That doesn’t have to be immediate. I just realized i neglected to send live listener love during tony. Take two. And we have a lot of listeners abroad. Tokyo, taipei in taiwan and yung yung in korea and send gen china welcome live listening love to all those foreign countries and also to philadelphia, which is not quite as far into me. I live in new york, but philadelphia’s not quite as far in as those other. Cities, um, pardon me for that, but jean but i have to send my listeners love. Sorry, uh, that’s great. All right, so once so, then once you have expanded your mission statement, if necessary, then is there any limit to what kinds of relief you can provide? Well, there are so you’re still restricted by what we described on our last couple shows private benefit issues. Oh, man, private benefit again? Yeah. You know, charities exists to provide a public benefit, and they can’t be operated to promote private interests. So you’ve got to be careful. So we can’t give a million bucks away. Teo, somebody who was barely hurt by the hurricane that would that would not be appropriate. You’ve also got to be worried about conflicts of interest so forgiving to board members or toe officers of the organization and not in an objective matter, not as part of a charitable class of individuals affected or with preferential treatment to those insiders. That would be wrong, but we certainly can provide funds, services or good ensure that victims have basic necessities like food and clothing and housing and medical assistance and things like that. What can you define a class of people that you want to help. Yeah, i mean that’s, something you should do. So you should say, you know, this is good for business and not only legal reasons, but are we just going to help anybody affected by the hurricane? Are we goingto, you know, really look at financial need? Are we going toe not look a financial need, and we don’t have to. We learned after nine eleven that we can even help communities that don’t have financial disadvantages, but that were hurt badly by the hurricane and or any disaster and weaken give emergency relief so emergency relief services can be given without a needs assessment. Otherwise we want to determine what type of needs we’re looking for. Is it financial need? Is it medical? Need it, you know, for disabled individuals within a given area? Are we goingto limited geographically all sorts of things that we need to target our mission towards? And then when we get this whole pool of charitable class members that want our attention, we have to figure out what type of resources we have and how we decide who to give it to the needs assessment. Is something that’s required or it’s just very smart to do well, it’s it’s really required if you’re going to be required to go the scorning assistance yeah, it’s not so required if you’re just providing emergency assistance. So for giving out blankets and food and shelter in the next couple weeks for the hurricane victims. There’s no needs assessment required for that, you know, it’s pretty obvious who’s in need. Okay, but if we’re gonna be e-giving ongoing, you know, rental assistance payments and that’s going to last for several, several months past the hurricane, then we’re going to think about why are we just giving it to a select few individuals? And how did we choose them? We’ve got has some objective in good faith criteria there. What about helping businesses? We’ve been talking about people. Yeah, that’s actually possible, and some people, you know, don’t realize that that’s possible, but sometimes business owners are financially needy, and that would be okay to provide businesses in that case and otherwise they might be distressed or or to come back community deterioration or lessen the burden of government. And we’ve seen, you know, from the west coast we’ve seen the photos of some of the the impact of the hurricane on the seaboard, especially, and those air communities where, you know they’re not going to recover unless their businesses recover their small businesses. And the small business owners need assistance to get back in there. Otherwise, the community is not going to get back. And so that’s a case where non-profits can actually provide assistance, the businesses as well. Okay, but go and going back to people. We can’t define a class of people that, uh, illegal in or, you know, impermissible in other circumstances just because we happen to know that they were particularly burdened by whatever the, whatever, whatever the disaster is. Oppcoll well, i mean, you could certainly define your class how you want it. But it’s got to be again, pretty objective. So that you’re not, you know, favoring people who either don’t really have a need or favoring insiders of the charity over others. Okay. We can’t target this too specific individuals, but we can certainly say community’s, though, right? Yeah, and it could be a small neighbourhood community that you’re targeting that was especially impacted or where the charity is an existence and it’s kind of the hub of that community, or or we could have more expansive criteria. Okay? Bonem now, so the people need to fit into the the people you’re helping need to fit into that terrible class. As he said, um, a little more about conflict, potential, conflicts of interest? Sure, well, you know, if you’ve got a board of directors of a charity of charities should have and they’re determining who’s going to get aid from the charity, we certainly don’t want them to benefit themselves, though there others, even if they’ve been affected by the disaster, they might be able, teo, be eligible to be considered among the charitable class of individuals and so they might get some benefit, but it would be incidental, and they should certainly not be making decisions on benefiting themselves. They would have to abstain if they’re part of that charitable class on who to pick that will receive help. I mean it. Would be nice if charity’s could give help everybody, but obviously resource is air limited, so they’ve got a decide who’s most impacted or who they want to help the most in line with their mission. And board members and officers of the organization have to really be careful because they’re in power positions of making those types of decisions that that’s the conflict of interest issue. And sometimes when you have outsiders who are part of the selection committee, you know that can create more trust if you get community leaders who are not on the board but involved in selecting who might be able to receive relief that might give some, you know, assurance to the community that they’re not going to only benefit themselves the board of the charity, that is, but it also creates additional conflicts of interest so that we make sure that those people aren’t benefiting themselves, thie outside selection committee members or their families or their business partners or route, you know, and, you know, business relations. So we just have to be careful about those things i see and that’s consistent what we’ve talked about in the past. That’s absolutely right, we have just a minute before break gene it. Would it be permissible for a charity to say that the charitable class they want to help volunteers to that charity? People who have been volunteering with them in the past? Yes, longest that’s a signature una, significantly large enough and indefinite class of individuals it’s going to be okay. So if we’ve got, you know, one hundred volunteers and we’re open to taking more volunteers and we’re going to help our volunteers that’s going to be okay, especially if they if they, you know again, not preferentially board members and officers of the organizations who are volunteers. Okay, but if it’s too small a classic like five people who are volunteers, we can’t sir, you know that just those five people is a charitable class that would be impermissible private benefit. All right, we’re going to take a break team takagi stays with us. We’ll keep talking about disaster relief, and i hope you do, too. Talking. Hi, this is nancy taito from speaks been radio speaks been radio is an exploration of the world of communication, how it happens in how to make it better, because the quality of your communication has a direct impact on the quality of your life. Tune in monday’s at two pm on talking alternative dot com, where i’ll be interviewing experts from business, academia, the arts and new thought join me mondays at two p m and get all your communications questions answered on speaks been radio. Have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot com let’s monte m o nt y at monty taylor dot com how’s your game want to improve your performance, focus and motivation? Than you need. Aspire, athletic, consulting, stop second guessing yourself. Move your game to the next level, bring back the fun of the sport, help your child build confidence and self esteem through sports. Contact dale it aspire, athletic consulting for a free fifteen minute power session to get unstuck. Today, your greatest athletic performance is just a phone call away at eight a one six zero four zero two nine four or visit aspire consulting. Dot vp web motivational coaching for athletic excellence aspire to greatness. 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. Got more live listener love to salt lake city and moscow and dallas, texas also south bend, indiana thanks for joining us live listener love to all those cities, jean what if you collect more money than there is need? Now you’ve you’ve said, you’re specifically collecting it for this purpose. It’s not needed anymore. What do you do? Yeah, that’s really tricky tony so one of the things that’s kinda boyd that situation. So you want to be careful when you read to find your mission? The only way that happens is usually when you defined your charitable class so small that you know you, you raised enough money to help them out through the air. Emergencies on dh you’ve decided you’ve got extra money left at that point, you’ve gotta operate as close as you can t to the charitable purpose for which those monies were collected, donors typically don’t have a right to get that money back, so, you know, you could go to court, and we figure out what to do with that extra money and people could bring you into court, too, to decide what to do with that. That happened with nine eleven i don’t want that to happen, so be very careful of that. You can usually find your way around it as long as you haven’t made your mission and your charitable class so so tiny and specific that that that it becomes a knish you later? Okay, but what do you do with the money? Well, you’re going to use it for close to that mission is possible, and if it’s if it’s really outside of that, then you’re gonna have to go to court and get them tio follow through an approved where that money is going to go and it’s called a sight prey issue. But i didn’t want to get into jargon jail, but i suppose they just have so i pray i like i like how that spell right? See why pr ess, isn’t it? That’s your sigh, pray okay, go ahead, go ahead, tell us, what’s, i pray is show off. Well, i pray it is, of course, latin and lawyers like to use it to impress other people on dh when i literally mean like you’re doing right now, james, i think it is near it’s possible or as near as i may be possible. And i think it’s latin. It may also actually be french coming from the old french language. So it’s often used where people have designated their gifts their charitable gift to certain purposes, and that purpose is no longer required or becomes impossible to fulfill. So that might be, for example, the eradication of polio which the march of dimes had encountered early on. And they needed to change their mission. Later they decided to otherwise polio had, you know, essentially been eradicated with jonas salk back scene on dh. They changed to birth defects. So i pray, is a very common doctrine used when charitable purposes have been completed or impossible to complete further. That sounds like a lot of trouble. Could we give the money that’s excess to another charity that does the type of work that we had raised the money for? Yes, certainly. If they can, if they can, if they khun do those type of activities and we no longer can then that that certainly is permissible. So long, focal donor’s intent and what the charity had said the money would be used for is still used for those purposes, you know. Okay, so there’s a dozen easier way out than going to court. All right, right. So long it again. You didn’t pick such a fine mission that nobody nobody else could do it either. Yeah. All right. We have just about two minutes before we have to go. Uh, let’s say a little more about documentation. We talked about the articles of incorporation amending those and we talked about the nine, ninety in that year. What else is required? Well, you know, what you should be requiring is the type of assistance that you provided, whether it be financial assistance or in-kind good blankets, food, housing, whatever the costs associated to the charity with providing that assistance, the purpose of why you’re giving that assistance and why you’re giving it to those individuals that are receiving the assistance over others. If the board was not making those determinations about who gets and who doesn’t get on dh, there was some selection committee. How did you choose that selection committee? On what criteria did they use for dispersing the aid you want? Also document the names and the addresses of the river citians of the financial aid that you’ve given or significant non financial. Aid given again, this wouldn’t be necessary for emergency relief, or you’re just giving food and shelter and blankets and things. But if it’s ongoing gauge, you wanted to make sure you know who those recipients are and you want to disclose that either there was no relationship between the recipients of aids and an insider, a director officer or substantial contributor to the organization our thirty document that i have one last thing, tony, make sure donors don’t hey don’t earmark their donations towards specific individuals that’s not allowed, so i can’t give a gift and say give it to my uncle, who got affected by the hurricane that we’re not allowed fifteen seconds. Where do we document all this is just inboard mitts you khun documented in board minutes or any sort of organizational document that you you hold and that the organization can attest it is the policy or the practice of the organization. Jean takagi, his firm is non-profit and exempt organizations law group in san francisco and you’ll find him at non-profit law blawg. Thank you very much, jane. Thanks, tony. My thanks. Also to regina walton, live listener love going tow her in san francisco and she also very helpful in compiling the list of agencies that i had for tony’s take to regina, thank you very much. I have a new fund-raising fundamentals podcast out with the chronicle of philanthropy, it is how to recruit and motivate volunteers for your events. You’ll find it on the chronicle website, and you’ll also find fund-raising fundamentals on itunes next week. Career advice for your entry level and junior employees jonathan lewis produces career advice videos with leaders in non-profit social change uh, he his video interviews are free and they’re short, and i think they’re valuable as you lied and mentor twentysomethings who want to make a difference in the world, he and i are going to listen to, and he’ll comment on a couple of clips. One is called mentoring for dummies, and another one is called shut the hell up and also next week, maria semple returns our prospect research contributor and the prospect finder has resource is for researching privately held companies. You know, she always has a ton of free and low cost sites and ideas, and next week will be no exception. You can find us on linkedin reveling in group you can offer ideas for the shows and continue the conversation with guests on linkedin. We’re on facebook, you know that i haven’t said it recently, but that’s because you already know it. You can listen to non-profit radio, live or archives. The archive is on itunes at non-profit radio dot net on twitter you can follow me, use the show’s hashtag non-profit radio and you can also follow me on foursquare we can connect there wishing you good luck the way performers do around the world. We have left estonia, estonia is behind us so from estonia go west across the baltic sea and you land in sweden where they lightly kick performers in the bud before they go onstage. No hands allowed on ly a kick, please and when they’re doing it, they will say, breathe at the bend freak at ben, which means break a bone so i guess sweet don’t have femurs and to be his invidious, so just break any bone in your body is fine. You don’t have to be specific to the leg, so i’m wishing you breed at ben. Our creative producer is claire meyerhoff. I’m leaving, which is our line. Producer assistant producer janice taylor is sending me text telling me when the time is coming up. Thank you very much, general shows social media’s, by regina walton, of organic social media and the remote producer of tony martignetti non-profit radio is john federico of the new rules. Oh, i hope you’ll be with me next week. Friday one to two p, m eastern on talking alternative broadcasting at talking alternative dot com. I didn’t think that shooting. Good ending. You’re listening to the talking, alternate network, waiting to get anything. Hi, this is nancy taito from speaks been radio speaks been radio is an exploration of the world of communication, how it happens in how to make it better, because the quality of your communication has a direct impact on the quality of your life. Tune in monday’s at two pm on talking alternative dot com, where i’ll be interviewing experts from business, academia, the arts and new thought. Join me mondays at two p m and get all your communications questions answered on so speaks been radio. 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 conscious people be better business people. Dahna you’re listening to talking alternative network at www dot talking alternative dot com, now broadcasting twenty four hours a day. This is tony martignetti athlete 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 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 dot com.

113: End-Of-Year Campaign Coordination & Compensation Clarity – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

John Murphy, CEO of Zuri Group

Karen J. Collins, Technical Strategy Consultant of Zuri Group

Chris Coletta, social media coordinator for Conservation International

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

View Full Transcript
Transcript for 113_tony_martignetti_nonprofit_radio_20121012.mp3

Processed on: 2018-11-11T22:54:43.798Z
S3 bucket containing transcription results: transcript.results
Link to bucket: s3.console.aws.amazon.com/s3/buckets/transcript.results
Path to JSON: 2012…10…113_tony_martignetti_nonprofit_radio_20121012.mp3.792501798.json
Path to text: transcripts/2012/10/113_tony_martignetti_nonprofit_radio_20121012.txt

Durney hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent i’m your aptly named host, thanks very much for being with me this week. Um, i’m dedicating my show this week. Tio my dear friend dave, who i know has been suffering from depression for many years. And i just learned this morning that he took his own life and it’s very sad. I’ve never dedicated a show to anyone, but this one is for dave in north carolina. He leaves ah, beautiful wife kathleen and their teenage son. And this show is for him this week. It’s going to be the end of your campaign coordination. John murphy is the ceo of zuri group. Karen collins is zuri groups technical strategy consultant and chris colletta, social media coordinator for conservation international. There were my guests that blackboards bb gun conference earlier this month. They have strategies to boost your end of your campaign with planning, branding, leadership and creativity. Now is the time it’s the fourth quarter and also compensation clarity how do you determine what’s reasonable compensation for your executives? What happens of compensation is excessive what’s that automatic penalty that kicks in if you don’t disclose benefits. Plus, we’re going to a board role play let’s. See who ends up chairing that meeting between the guests on take teo tony’s, take to the value of a quest on i give a hungry man pastries on the subway, and it got me thinking, are you on twitter while you’re listening? You can use hashtag non-profit radio to join the conversation with us right now, we’ll take a commercial. When we return, it’ll be directly into my bb con interview on campaign coordinate end of year campaign coordination. Please stay with me, it helps to feel you out there today, didn’t didn’t, didn’t dick tooting good ending? You’re listening to the talking alternative network, waiting to get in. E-giving duitz joined the metaphysical center of new jersey and the association for hyre. Awareness for two exciting events this fall live just minutes from new york city. In pompton plains, new jersey, dr judith orloff will address her bestseller, emotional freedom, and greg brady will discuss his latest book, deep truth living on the edge. Are you ready for twelve twenty one twelve, save the dates. Judith orloff, october eighteenth and greg brady in november ninth and tenth. For early bird tickets, visit metaphysical center of newjersey dot, or or a h a n j dot net. Hi, i’m donna, and i’m done were certified mediators, and i am a family and couples licensed therapists and author of please don’t buy me ice cream are show new beginnings is about helping you and your family recover financially and emotionally and start the beginning of your life. We’ll answer your questions on divorce, family, court, co, parenting, personal development, new relationships, blending families and more. Dahna and i will bring you to a place of empowerment and belief that even though marriages may end, families are forever. Join us every monday, starting september tenth at ten a m on talking alternative dot com. You’re listening to the talking alternative network. Sametz durney welcome to tony martignetti non-profit radio coverage of bb khan twenty twelve were outside washington, d c at the gaylord convention center and my guests now are karen yeager collins, john murphy and chris colletta. Karen is technical strategy consultant for zuri group that actually seated next to karen is chris coletta he’s social media coordinator, conservation international and at the end is john murphy, ceo of group. Please. Chris, why don’t you acquaint listeners with what conservation international workers? Thanks. Yeah, conservation international is, as the name implies, an international non-profit conservation organisation, we work in about forty different countries. Our mission is to protect nature for the benefit of people human well being a sort of at the heart of what c i does so, you know, protecting forests because they help us by climate change or protecting our oceans because they give us fish and, you know, products and things of that nature. So that’s what it’s all about what’s the annual budget there roughly about hundred million dollars? And if i’m wrong on that, you know, guide star will slap me down, but i think that’s about right, but nobody listens to this show way. John john murphy, what lies would you like to tell about the missouri what’s, the work they’re xero groups in online technology agency focusing on non-profit success? We’ve been partners with blackbaud for five years and worked with primarily with their customers, helping them be successful and filling gaps in their organizational. Okay, karen, what your seminar topic for the three of you was taking your end of your campaign outside the box is very timely. We’re in getting of the fourth quarter what’s, the what’s, the first piece, but i see you have for building the end of your campaign. What we’re trying to promote is that a lot of people have their end of your campaign one more begging them to plan for their end of your campaign as opposed to coming up on november first and not actually having a plan to go out to the biggest part about it is making that plan the other thing we’re what should we want to start that? Well, when did when did you start your campaign planning way? Started our campaign plan for this year at weeks ago, and it is today, october. Once we’re taping, you started planning. Just just a few weeks ago. I mean, you know, probably the beginning of august is when we sort of sat down as a group in earnest and really went for it, you know, maybe even earlier would be optimal if you have the time. You know, not everyone does, but certainly, you know, by, you know, this time of year, hopefully you’re pretty well along. If not, you know it’s. Ok, there’s still time you could do last there’s definitely things that you could do now, and you’ll be okay. But it’s going to move on so that’s, what we’re trying to promote is that planning and to plan early and then the outside of the box thing is, what can you do, teo to make sure that people choose to donate to you because you’re going to be inundated, everybody has an end of your campaign. So how to think outside the box to get you noticed. And then ultimately to cultivate that donor to your organisation as opposed to all the other ones that air filling their end boxes or filling their social media, new speeds and things like that. Okay, john, beyond you have the plan. But how do we start? Get some of these outcomes that karen is talking about executing the plan? Obviously so if you have to plan and most organizations start their plan, hopefully after last year, so january february rolls around and you’re starting to look, then what you’re gonna do that holiday season? And then you start implementing the plan. It usually kicks off right in the beginning of november, so organizations that look at holiday fund-raising you’re looking pretty much november one through december thirty one so that it could include black friday type e mails all the way through urine tax giving. All right, so what are some of the elements of this plan since the planet is so important? John it’s, it’s really a planning calendar so you you really start with a planning calendar, and you look at your database and you’re looking at how you’re approaching all of your constituents so you addressing them with direct mail or you’re addressing them with email, address them with phone calls or some type of event for a holiday season and that calendar than usually across all the organization we’re seeing organizations taking there, direct marketing efforts and putting him under a single point of focus so that they don’t get multiple people overlapping and spending extra resource is and during the time okay, chris, what’s up. How is some of this playing out of conservation international? How are you doing some of the things that john well, john, especially john is talking no, you’ve already done your planning. How does this work? What? John’s talking about working at cia? Great. Well, certainly, you know, i sort of want to stress that, you know, and are talking talked a lot about what? See i did last year. We work, you know, intensely was very group, you know, on some various things, one of the first things that we did is we actually built a map where people could go online and, you know, sort of show their support for conservation and not just show their support, but actually say why conservation matters to them. And, you know, sort of that was i like that because was very on brand is we need a teacher, and you’re going to tell us why and by the way, when you do that, of course, we’re also going to get your name. Andrew email address and your interests because you’ve told us why you care about nature and your twitter handle if you decided to post it. So making my life is a social media coordinator really great, because now i can go and i can, you know, match some of those folks with their twitter handles personally thank them, get them on board and hopefully start a relationship that you know eventually if they get enough content from us if they get enough good stuff, wait until the relationship so they become a donor just let’s just pursue that altum or whether it has to do with end of your campaign or not building from i do twitter relationship you get it, you get a handle, you have the information that you just you just described about a person, their interests. How do you take that relationship beyond twitter? Well, so social media in general, i sort of think of it as you know, you’re getting someone to say that they’re interested in you, whether they follow you on twitter, you know, like you on facebook follow-up board on pinterest reno look at your photos on instagram, whatever you know, it’s sort of platform agnostic. Whatever it is, they’re there because they have signaled that interest. Falik so, you know, then you had to ask someone out on a date they signal their interests. You actually, you know, start sending things about your organization. Um, and hopefully if you are giving them relevant content, what they care about, not what you think they need to know, but what you no, that they care about, because you’ve done your research and you’ve done your hopefully, you know, either, you know, ask people what they care about. You done focus groups, you know, in some other way, you know, following sort of best practices research ends, they get interested, then you can ask them, hey, you know, have you signed up for cia’s newsletter? You know, some of them will sign that perseus knew slater six months, they’ll get six newsletters and some, you know, start to get campaign e mails and they get enough campaign e mails and they like what they hear, then they’re going to make a donation, it’s all about getting your foot in the door with a person and then, you know, treating them, you know, sort of. In a very human, you know, personal way. 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 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 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, join me, larry shot a neo-sage tuesday nights nine to eleven easter for the ivory tower radio broke in the ivory tower. We’ll discuss what you’re born, you society, politics, business, it’s, provocative talk for the realist and the skeptic who want to go 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, larry. Sure you’re 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 e every time i was a great place to visit for both entertainment and education listening tuesday nights nine to eleven it will make you smarter. 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 karen, you want to say more about that? Not you nodding off a lot. You want to add to it? Absolutely, absolutely so what kristen has done with that math, it was called connect for conservation is what we did for that pretty campaign for them last year. Not only did they get their twitter handles, but they also got like he was saying to expand upon what the conservation connection was, there was options for health, there was options for climate, there was options for, you know, all different types of connections, and so what chris was able to do and what he was speaking on is now we know that not only they’re interested in conservation organisations, but they’re also interested specifically in climate, so therefore that was how chris was able to personally thank them on twitter, but then now we know that climate is their main concern, so the way that you cultivate and as chris a date that constituent and turned them into a donor is to listen to what that that attraction is to the organization and continue to hit on those spots so that then all of a sudden they realize that they’re not just somebody that has pockets that they could give two, but there’s somebody that you care about and you want to educate and therefore that makes them i want to better your organization and better your mission and that’s, what we’re trying to do here is not just continue bringing people in tow us, but to better our mission and to solve our mission and that’s how you do it through those touchpoint of social media, okay, and let’s, bring this back to the end of your campaign. What would we then do specifically with that person? We’ve given the information that we know? Absolutely so with the end of your campaign. What were stressing with that social media point is if you have somebody that you’re reaching out to via social media, you need to make sure that they know when you touch them and other organization or other outlets that they know that it’s for the same campaign, so the branding around that is really important. So if your hashtag in twitter is going to a certain level of detail than that needs to also follow through on facebook and the facebook brandy needs to follow the branding that you have in your e mails and your email, brandon needs to be on the landing page or the donate page that you have on your website. So we’re really trying to make sure people understand that it’s not just sending them to donate form. That’s been on your site for eleven months, it’s sending them to donate form that’s branded towards what your campaign is, regardless of whether it’s end of year or not, so that you can really bring them in and let them know that everything you’re doing is targeted towards something, whether it’s an end of your campaign or whether it’s a campaign to save the ocean, you know, so that’s, really where that planning comes in place is well, is that you make sure that all of your touchpoint are branded towards what you’re trying to do. John wants a lot more about the importance of brandon as it relates to the end of your campaigning or not just important co-branding friend of yours cause in general, or just, well, certainly toward fund-raising gold. I think when you brand mean, so if you’re branding this pacific campaign and then you bring your it’s really to attract a new face or in this case, it was more online people, right? So you’re trying to grow your list through these different types of brands and appealing to people where, what, what strikes them and what’s going to make them react to you so that you can then go on and foster that relationship going forward? Okay, so i think one of the things that conservation international did well last years, they thought of a brand that spoke their mission, so it was people need nature to thrive. And so that was the brand that that was underneath conservation international for their end of your campaign, which was so fantastic because it spoke their mission, but then it also gave them away toe brand the unique pieces that were connected to the end of your campaign to a smaller micro campaign that was still a part of the entire organizations goal and mission overall. And so they picked something, and then that theme carried through all of their channels so that people knew that when they were getting something that said people need nature to thrive when they hit the website. It also said people need nature to thrive, and they were able to kind of carry on that slogan throughout all channels so that they could whenever they had a touchpoint or whenever somebody interacted with conservation international, it’s stayed on that campaign and gave them a really fresh look without stepping away from their brand. John, it sounds to me like leadership is critical in this because we’re talking about talk about different departments working together exact about them were going to your heart striking to the heart of the mission. Yes, and you have me on that and leadership non-profits is sometimes very like a university where you have siloed leadership. Will you have different organizations that are responsible for certain budgets, and sometimes they don’t play nice with each other and you can see organizations where they do have overlapped, so have a unified front within an organization where there are looking too a goal going forward for this type of campaign is very important. So it’s gotta come from the top. Yeah, and that’s the way it using the right it’s just it’s the top saying here’s, your number, meet your number but it’s really usually two or three levels below the top where it actually gets implemented, where the plan actually gets put into place and that person is unifying the team to get the results, and so the top is sort of they want and number and when they don’t need it in there, you know, there’s things to pay, but you know that that is a struggle that we see quite often in non-profits so weii deserved you try to help also bringing that together, bringing fresh ideas, bringing the best practices that we’re seeing from the hundreds of clients that were working with that have the year and campaigns, and then helping them get through those hurdles and get through those home. Oppcoll yeah, i was just going to say that, you know, this sort of two conversations that were having, you know, about branding and about, you know, leadership in the case of conservation international, specifically last year’s you’re in campaign or sort of one of the same, um, you know, having a brand, a strong brand is important for any organization, whether you know is for-profit or non-profit or, you know, just a kid with a lemonade stand, you know, on the side of the street and so, you know, we really try and cultivate that twelve months out of the year, and people need nature to thrive is actually sort of cia’s tagline, you know, we sort of adopted it, and so when it came time to, you know, do a year and campaign, you don’t have to reinvent the wheel like we literally just made our tagline the theme of our year in campaign, and then we put it on everything because that’s, what we do and that’s what we believe and so, you know, this sort of leadership approved idea, you know, sort of the core see i’m messaging is what we call it, you know, internally, you just have to tweak it a little bit and, you know, use it to fund design things and, you know, make sure it sort of has a visually consistent identity and that you’re telling compelling stories and all of a sudden you have yourself a year and campaign and the thing that i like about that is that when if you do have that trouble of siloed if you do have a campaign that has a specific theme, even if your direct mail team is on a completely different side of the building or is, you know, not even in the same office building as your media team, then because you have that common theme, even if you are silent and you’re working through those blocks that you’re trying to break through, if you have that common theme that gets hit onto your direct mail piece or gets put onto your social media board or gets set up on your donation form all of a sudden least it looks upon appearance that you are branded and cohesive, even if, on the back end you’re working with suri group or working with somebody else. Teo, get that strategy together so that all of those silos are speaking to each other. Karen, what else should we be saying about bring it back to end of your campaigns that we haven’t talked about yet? One of the things that we’re trying to do so that the title of the talk is thinking outside the box so we’re trying to get people to look at what they’re doing now. And maybe do something a little creative, so we’re going to talk about a couple of organizations, especially conservation, international and all they did something unique that helped them stand apart from all of the other organizations that are going to be fighting for the same donor’s because you, you know, there’s only so many people out in the world, i know we have over seven billion, but of those you are going to be fighting with organizations, not just the same ones of your mission, but just all organizations for those donors and there’s only so many dollars out there, and you want to win as many as possible for you. So what can you do to be unique? And so we’re going to give some ideas, and then our hope during the session is to get people to brainstorm together so that maybe they leave the this session with that one piece that’s going to make them creative. Are there more ideas that we haven’t talked about yet that you plan to share tomorrow? Absolutely. Well, okay, well, who wants to wants to throw another one out? I’ll go ahead, since you know we’re going to be talking. About some of our stuff, you know, just one of the things that we did, everyone has a light box at the end of the year, you know, you get a gun organization’s website and it pops up and you know, it says either you donate or, you know, you know, take this, you know, activist direction latto light boxes, okay, yeah, yeah, sure, let’s back-up said so i don’t have to explain why rebecca, because on tony martignetti non-profit radio, we have drug in jail, i am in charge in jail. The youngest may be the youngest, i’m not sure, but wait to have anybody drug so quick, quick parole, if you’ll explain what a light boxes so i will exercise my get out of jail free card and say that a light box, if you, you know, let’s, think of it it’s, like, sort of a non annoying pop up if you go to a website, if you go to most non-profit websites, i suspect you’ll see some right now as they’re getting ready for the end of your campaign, you know, will pop up sort of, you know, transparently, you know, over the main page and it will have, you know, a message, you know, and that message might be donated. Might be please take this action, you know, like save the whales cia doesn’t really do save the well stuff. I don’t know, i said that, but it just sort of came to mind what all of whales and you connects out of it and just go to the main site, okay? So you’ll see a lot of that a year and, you know, because we’re trying to get folks attention right off, you know, we don’t want them coming to our website and, you know, doing other things, you want him paying attention. John has something that was going to say a light box is a very good year at strategy. I mean, as far as gathering email addresses and growing your list prior to your end, to give you new people to connect with as part of your plan, lightbox has been very successful. Okay? Okay. Good christmas. Yes. So i’ll be quick. So it’s, you know, sort of a china tree strategy using light box. What we did is, you know, we had designed for us a light box where it was sort of tiled photos of both people and, you know, biodiversity, species, animals, and they literally started disappearing when you came to our site, you know, it said, i believe ignore them and they’ll go away that is using sort of an old classic and just putting a little bit of a creative twist on it, and that was an extremely successful both, you know, acquisition and fund-raising tool for us because it’s so emotionally powerful over northern, they’ll go away and, you know, just little things like that is what we want to really stress, you know, what our panel is? It doesn’t have to necessarily be something crazy, you know, you don’t need but with a clown, you know, sort of running all over your fund-raising marketing who knows things just i need, you know, some clever ideas that air on brand that, you know, sort of expand on, you know, best practices, you know, that the industry that you know you’ll get to hear, you know, places like we begun, okay, john, you want to wrap up, we just have a minute or so because you have to you have to depart shortly, so i’ll give you i’ll give you the parting words around end of your campaign. I think if you don’t have an end of your campaign, you need one and you need to plan and execute it, and the creative strategies are are sort of our this sizzle to the steak, right? So you need to do the creative strategy to drive and grow your grow your campaign’s awareness and get people more excited. And in this case, there last year is very successful, and i think it tapped into a different audience and your standard non-profit donating audience and i think also serbia murder is part of your campaign is you don’t necessarily only have to ask for money, you can ask for people to volunteer and participate in your organization in other ways as well. That was john murphy he’s, ceo of zurich group on seated next to him is chris coletta, social media coordinator, conservation international and next to me is karen collins, technical strategy consultant for the jury group or thank all fever for being guests. Thanks very much. Real pleasure. Thank you. Tony martignetti non-profit radio coverage of pecan twenty twelve my thanks to everybody at b become earlier this month got live, listener love going out san francisco. I think i know who they are. You better be calling in shortly. Carpinteria, california, or carpinteria, california. Welcome, charleston, south carolina, and new bern, north carolina, which makes me think of my dear friend dave, also arlington, virginia. We got the coasts covered, west and east live, listener love out to all those folks. Right now. We take a break when we come back, time for tony’s, take two, and then our regular legal consultants, gene and emily, join us to talk about compensation. Clarity. Stay with me. Talking alternative radio, twenty four hours a day. Joined the metaphysical center of new jersey and the association for hyre. Awareness for two exciting events this fall live just minutes from new york city. In pompton plains, new jersey, dr judith orloff will address her bestseller, emotional freedom, and greg brady will discuss his latest book, deep truth living on the edge. Are you ready for twelve twenty one twelve? Save the dates. Judith orloff, october eighteenth and greg brady in november ninth and tenth. For early bird tickets, visit metaphysical center of newjersey dot, or or a h a n j dot net. 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. You’re listening to the talking alternative network. Oppcoll lively conversation. Top trends. Sound advice, that’s, tony martignetti non-profit radio. And i’m samantha cohen from the american civil liberties union. I got more live listener love going out. Tokyo, japan. Welcome. Welcome back took it was frequent listener welcome back. Tokyo tony’s take to my block this week is the value of a cross on on the subway. I gave a hungry man some a bag of pastries that i had bought for a client. Teo cut up and, you know, putting their kitchen for them tio tohave during the day. And when he asked me if i have anything that that he could eat, i looked at the bag and i realized that it would i mean a lot more to him than it would to my client. So i gave him the bag of pastries, and and he enjoyed it. And it was it was actually it was very touching. He afterwards, ah, he looked over his shoulder and gave me, gave me a thumbs up, and i gave him a a wink back and what? It reminded me of his how much i have and how much a tiny, tiny fraction of what i have would mean to so many people who have so much less than what i have and trying to be more conscious of. That because there is there’s no there’s abundance in my life and it’s easy to take it for granted. And that subway episode ahh brought me back. T recognizing how fortunate i am tryingto stay conscious of that more often and there’s a little more on that, my blogged the post is the value of a quash sewn on my block. Is that tony martignetti dot com that is tony’s take two for friday, the twelfth of october and the forty third show of the year. Right now we have jean takagi and emily chan on the line. We have them, don’t we both excellent. Jean is principal of neo the non-profit and exempt organizations law group in san francisco. He edits the popular blawg at non-profit law block, dot com and he’s at g tak gt a k on twitter. Emily chan is an attorney at d’oh and she’s, principal contributor to the non-profit lob log she’s the american bar association’s twenty twelve outstanding young non-profit lawyer and you can follow emily at emily chan at emily c h a m a million gene welcome back. Hi, tony. Hi, tony. Good to have you back. We’re talking this month. About compensation because it seems to flow from what emily and i talked about just a couple of weeks ago. So, emily, why don’t you? Why don’t you lead us into this from from last month? Sure, so are lots. So he talked about the private benefit rules as a tea ad buy squeezed in a very big phrase there the preventable cruise up to the reasonable miss, and we’re going to get not this show, but basically we’re going to look at the penalty that the irs usually will impose when they find an inappropriate benefit going. Teo insider as we talked about last week, ok, so now we’re really looking at, i guess, practically speaking, the kind of penalties that organizations should be very knowledgeable about and also very wary of so that they could follow the best practices and make sure they’re protecting their organizations. All right, you were cutting out a little bit, emily, but we were able to fix the sound quality. Just say that. Say that. Say that very, very rich and wordy phrase again from from last month that will talk more about just say that again because you cut out a little. Bit there, rebuttable presumption of reasonableness. All right, we look forward to getting into that gene. What are the general guidelines for compensation for? And who are we talking about? Whose compensation are we talking about? And what of those general rules? Well, practically speaking, we’re talking about the compensation of the executives. So that would be the executive director or ceo or president and of the cfo or treasure the organization has compensated. Chief financial officer. Okay. And what are the rules generally, that just that it has to be fair and not excessive, that that’s practically the rule, tony. So it can’t be excessive and and the way we try to judge that is we try to look at what comparable organizations air paying. And so the big question is, what is a comparable organization and what is a comparable position to compare? You know who we want to pay another organization and what they’re paying. Let me throw something interesting. Least interesting, too. May our maybe you had illegal minds may not find it interesting, but but i do. Over here, um, you said it’s only for executives, but what i see in ah lot at colleges. And universities, the highest paid people there are often coaches. Sports coach is like a basketball football coach at at a big big, you know, big name program does does this this excessive compensation apply to them? Also are on ly to the executives of the organization that’s a great question, tony. Thank you. We’ll bring you back next month. Thank you. Drinking area. When we’re talking about big institutions like colleges and universities and healthcare systems and big non-profit hospital, the range of what we call disqualified persons or insiders definitely goes up. People have substantial influence over the organization or a particular segment of that organization. So football coaches will probably be drawn in into that equation when they have a huge influence on on the institution itself. Okay, there are just more general rule beside the what we call the intermediate sanction rule their excess benefit transaction rolls the night i go into jargon deal for that. Oh, my god. Yeah. All right. We’re gonna get to that stuff, parent and broader doctrines that you could get in trouble for as well. Okay. Broader than just the executive. So it’s so it’s those who can exercise ah. Lot of control over the organization, wherever they are, wherever they are in the hierarchy. That’s a good way to think of it. Okay, cool. That’s the late person. I’m gonna turn it on. You wouldn’t know it the way i talk. Okay, let’s. See, what is this intermediate sanction? Emily what intermediate? To what? What’s, the more extreme. So the more extreme penalty comes from the world. We have that last month with private benefit private kermit, we’re technically really the penalty is reputation of sabat on that thing’s pretty severe, especially benefit confirmed it was only a little bit more than what it should have been. So what the irs produced then was something that they called their intermediate sanctions. Also the excess benefit transaction will, which instead of replicating tax exempt status, so actually impose a penalty tax on that access benefits so it can be imposed both on the insider who benefited. And it usually starts with a twenty five percent penalty talks with the excess amount, but also boardmember should know that they can also be taxed of ten percent of the excess amount if they knowingly, i’m approved. Ok, knowingly mean let’s, just stick. With compensation at this point, let’s not let’s, not get too the xx of benefits. We’re just talking about direct compensation, cash, cash compensation. So so boardmember sze, who knowingly approved it meaning meaning they knew that it was excessive, right? So they have actual knowledge of the transaction. And when i use the term access benefit, i don’t mean the stuff on top of what say base salary, just an excess benefit itself, which could be a large compensation. Oh, the way that i used that term in the way that fused with the rules. So um and boardmember, who would be considered knowingly approving such a transaction, would be someone who knows the terms of the transaction. I’m also aware of the possibility that that transaction might be excessive in violation of this excess benefit. Transactional, i’m and also, you know, failing to make those reasonable tends to figure out whether it is actually excessive, but this goes back to the fiduciary duties of directors and making sure that there, meeting their duty of carrie’s, loves their duty of loyalty and making sure that they’re making informed decisions and that it is in the best interest of the organization. By not saying something. That’s excessive. Okay, and we have talked about those those duties, those fiduciary duties previously can can. These penalties that are levied against boardmember is, can they? Can they be paid by the organization? Generally, no. So this would actually be triggered under state law of there are provisions that have to do is indemnification, which is the organization’s ability to cover expenses that would come out of situations like this. They’re being stewed in your capacity as like an officer, a director of the organization on dh. Generally, that probably not going to be okay under state law, no matter what. Okay, okay. Let’s. See? Okay, gene let’s, let’s. Turn to you and let’s talk a little about the this the rebuttable presumption of reasonableness that emily mentioned before. What? What what’s that how does that play in here? So these procedures are useful wherever you’re no good for you know that you’re going to compensate one of these insiders amount that is not obviously way below market level, but you should go through these procedures just the general rule. Anyway, if you’re anywhere near paying market rate compensation and their three step, the first step is getting advance approval by the board of directors before you enter into that compensation transaction. Actor thie interested party if there’s uninterested director in there is going to be compensated, obtained from that boat and does not participate in that. Okay? And that would include a gn executive officer who’s who’s on the board. Because of that position, ex officio boardmember they should they should abstain as well if we’re talking about their compensation. Right. Okay, so you get the advance approval with with the abstention of the person who’s involved what it would else duitz step two is reliance on appropriate comparability data. So we’re looking at comparable salaries from similarly situated organizations for similar positions of similar work. So it’s all about getting the right comparable. It might be done through salary surveys, working with professionals that our salary experts in the non-profit mary-jo or maybe looking at form nine nineties, they’re different concerns about just taking other organizations form nine nineties to make sure that the right comparable but a lot of smaller organizations do it that way. What what are those? Well, before we go on, what are those concerns about using the nine? Ninety? Well, they might not reflect in the nine, ninety special payments and vesting of, like deferred compensation. So some organizations may look like they’re playing a really high salary, but those were just the result of past. Things that have been obligations that were paid in the reporting year. So you can’t really consider that a part of the the annual salary, for example, of that executive that showing on the nine, ninety that would not be good. Comparable. Okay, so, i mean, can a small charity avoid having to hyre ah, compensation expert to do these comparability surveys? What are the other ways? Or maybe there is no other way. Well, there are some compensation surveys that are out there for free as well. You confined things from charity navigator. And i believe guys start might have some some compensation norvig wolber free. You have to be careful, though, because sometimes the ranges of the size of the organization don’t play in your favor. So, you know, they may say, well, this is the average compensation for organizations with annual budget between one million and ten million. And depending upon where you fit in that structure, using the average may not be appropriate for your organization. Right? Okay. Okay. Um, and then add a couple more things to the comparability that it’s? Because you brought a small organization a general rule for organizations with less than one billion and gross receipts toe have at least three. Comparable. So it’s. Not necessarily this. You know why spread search for comparability data. But tow have three is generally considered reasonable. And another thing to consider is this really just giving you an idea of the band with a salary that’s out there, but it would be problematic. Front organizations just look based purely on numbers and decide. Ok, just because it’s it’s in the band with that that’s appropriate on that kind of goes back to your example of the football coaches where sometimes just so you that if you keep pushing the upper limit of the band when you just start to see these ranges leaves up and up and you really do need to look at the performance and the duties that are being like that? Yes. Okay, of course. The right, the person’s performance as well. Not just what other people are paying somebody similar in a similar organization. Okay, thank somebody. Thank you. Look at the geography. Because i know in manhattan in san francisco, where we are the average salary’s going to be much higher than somewhere in des moines, iowa. Yeah, okay. Okay. And there’s one more part to the rebuttable presumption. Can you can you explain that in about a minute? Gene? Yeah, the third part is just timely an adequate documentation of the board action. So that means really putting it down in the minutes on getting those minutes approved by the next board meeting. So you just want to make sure that you’ve documented it and if you’ve got comparable, attach the comparable to the minutes to prove that the board has actually looked at these before making that determination and approval. All right, now that we’ve explained the three prongs of the rebuttable presumption gene, please explain what the hell a rebuttable presumption is that’s great, what what it does is it shift the burden from your organization have to prove that the salary is reasonable and shift it to the irs to prove that it’s unreasonable, which the irs doesn’t want to do because it takes a lot of work. So if you just go through these procedures, you kind of put a big barrier to the irs to go after you brew for paying excessive amount because you say i’ve used the procedures that treasury regulations have approved. This is the way it should be done in the iris used to get it back off at that point, unless they think they have a really big fight. So then write if you follow these procedures, the compensation is presumed to be reasonable. But the irs has the option, although it it’s unlikely that it would exercise it to rebut that presumption and try to prove that the compensation was unreasonable. Is that right? If they want to take it to court if there were. Okay. Okay. Likely. Okay, but it’s presumed rash reasonable if you follow the three prongs that you laid out, correct. Okay, we’re going to take a break. And when we come back, jean and emily and i are going to a little role play exercise, we’re going to be the board of directors and we’re going to decide on somebody’s compensation. Um, i don’t know one of you two is going to chair the meeting, so you’re welcome over this break to figure out who that’s going to be and i’m going to be a boardmember and then the other person be boardmember too. So stay with us for that role play. Exercise don’t know. What’s going to happen. I hope you’ll stay with us. Talking. Hi, this is nancy taito from speaks been radio speaks been radio is an exploration of the world of communication, how it happens in how to make it better, because the quality of your communication has a direct impact on the quality of your life. Tune in monday’s at two pm on talking alternative dot com, where i’ll be interviewing experts from business, academia, the arts and new thought join me mondays at two p m and get all your communications questions answered on speaks been radio. Have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot com let’s monte m o nt y at monty taylor dot com how’s your game want to improve your performance, focus and motivation? Than you need. Aspire, athletic, consulting, stop second guessing yourself. Move your game to the next level, bring back the fun of the sport, help your child build confidence and self esteem through sports. Contact dale it aspire, athletic consulting for a free fifteen minute power session to get unstuck. Today, your greatest athletic performance is just a phone call away at eight a one six zero four zero two nine four or visit aspire consulting. Dot vp web motivational coaching for athletic excellence aspire to greatness. 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 i got more live listener love laurel, maryland bend, oregon, and tokyo. Welcome to our second listener in tokyo. We got more tokyo listeners than we have oregon or south carolina or north carolina listeners maurin tokyo than, uh, most other states listening. Okay? Jean emily, we’re talking about compensation, compensation, clarity, and we’re going to our role play board board meeting now. Who’s the chair. I’m okay. Genes. The chair. Emily, you and i are board members or way just regular boardmember zor is one of our compensation under discussion or what? I think we’re about boardmember okay, but neither of us has our compensation under consideration. We removed that person’s removed. Okay. All right, go ahead. Jean. You’re gonna share the meeting. Okay, tony so right now we’re talking about approving the compensation of the candidate who is going to be our executive. Wait a minute. We didn’t approve. We didn’t prove last month’s meeting meeting minutes. What kind of what kind of foisting? Of ah, fake what? We didn’t approve last minutes less months. Meaning melkis consent agenda earlier, tunney and now we’re on the second part of our meeting. We’re okay. All right, go ahead. I’m taking my time, taking my fiduciary duty very seriously. I don’t care, loyalty and what’s my third fiduciary duty. Besides karen loyalty, a lot of people like this, they obedience obedience. Okay, well, i’m not all right. Well, i mean, i’m failing on three, but but i’m taking my first two very seriously. All right, go ahead. Emily. Emily obviously doesn’t care, but she’s like lester, let me see lackluster boardmember i hope your term is up soon. Emily all right, okay, so we’ve got an executive director that we need to hire, and this executive director is pushing us for a salary of one hundred thousand dollars and the possibility of bonuses of up to twenty thousand dollars for pizza. We’ve got a million bucks in our budget, and we’re not really sure whether approve this compensation or not. He looks like a great candidate, but there’s some other candidates out there as well. What do you think, tony? Should should we hire this person that the salary they’re asking for? Well, do we have any comparable data by organizations that are similar to ours? Go thin geographics and also annual budget on dh with that data also be comparable in terms of this person’s responsibilities. Emily, i think you were convicted. You right? Collecting this data? Yeah. So i researched some organizations that of similar type similar size and similar roles of executive directors. And i found three different data points. So, uh, one and these they’re all in our geographical area. One is eighty thousand one. Report ninety thousand and another one report. One hundred and ten thousand. Okay. We’re looking at one hundred thousand with the possibility of a twenty thousand dollar bonus. What do you think, tony? Um, i guess the bass sounds or so we have. Eighty ninety. First of all, i’m assuming that emily knows what she’s doing when she says that these things are similar. And i’m putting a lot of faith in her because i could be personally liable if this turns out to be excessive compensation. Um, only if you know that it’s excessive, sonny, but that’s. All right, that’s. Right. Ok. Raise a good point about the line. What do you need? A reliable source. Okay, well, your outstanding young lawyer. So i’ll assume that you’re on. You’re on the board. Very in doing this. Surveys what i brought. To the board meeting, and we’re going to attach them to the minutes of the okay, i like the i’d liketo like the base of one hundred. I’m not sure about the extra bonus of twenty family. What do you think about that extra bonus of twenty when the high of our comparable is only one ten? I don’t think it’s necessarily problematic if we have adequate justification for allowing that for example, if thiss opportunity with this executive director is probably going to pass us by, we are in a bind because we’re now doing an executive director succession that we didn’t anticipate and the organization’s going to be really hurt if we don’t find somebody who’s qualified and this is the most qualified person we found and we’re actually getting a really good deal for this person and it is discretionary, so it’s going to be up to the board at the end of the year and we have put a limit on it, you know, maybe we should evaluate again looking at our revenues and looking again at the comparability data whether twenty thousand is reasonable, but i’m not opposed to putting the opportunity of a bonus. Into the contract right now, that’s. A bunch of malarkey. I’m walking out of this meeting. Did you hear me? Did you? My footsteps and i just slammed the door closed, proposed i’ll ask to see if there’s a motion to approve a one hundred thousand dollars based salary with a possibility of a ten thousand dollar bonus. And we will actually look at the possibility of a further ten thousand dollar bonus if we hit certain revenue goals that might allow us to look at other comparable, do you think that’s reasonable? All right, i’ll come back into the meeting. All right? I’ll go along with that. We have to wrap up our meeting very quickly. Yes, i would approve that. Okay, so then we make the most of it. Tony wilbekin were approved way as we wrap this up, being the diligent boardmember right? And just a reminder that we need to have adequate documentation and our board minutes. So i’m going to write down the terms of the transaction. We approve the date it was approved, the board members that were present during the debate. Who voted. I’m not going to attack the comparability data on there and as well document the fact that we followed our conflict of interest policy and removed the executive director from the conversation that was emily chan she’s, a maternity at neo, the non-profit exempt organizations law group and our board chair was jean takagi he’s, the principal of neo. You’ll find them both blogging at non-profit law blogged, dot com, gene and emily, thank you very much. My pleasure. I hope you will be here next week because we’ll be talking about leadership with normal sanski he’s, a consultant and co editor of you and your non-profit that’s a book and he shares his advice on non-profit leadership, his premises. Everything starts with leadership also linked in news. Maria simple, the prospect finder and our prospect research contributor, has two new offerings from linked in board connect to help you find the right people to serve on your board. Hopefully you get better board members and we just had and reasons to call, reveals touchpoint for making contact with the people you want to talk to have you joined are linked in group pakistan is in, i’m telling you, pakistan is a member. Are you in the lincoln group along with pakistan? Continue the conversations with our guests in the lincoln group i’m on twitter you can follow me the show’s hashtag is non-profit radio. I’m also on foursquare. We can connect any of those places. Check us out on facebook next week i will have a new way to wish you good luck the way performers do around the world have been doing this for weeks. So right now you’re still with last week, i’m wishing you a nail in your tire from estonia. No, comey, our creative producer is claire meyerhoff. Sam liebowitz 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 today’s show dedicated to my dear friend dave. Ironically, what i remember about him most is his laughter and his smile. I’m very sorry, dave, that you were suffering so much hope you were with me next week. Friday one to two p, m eastern at talking alternative dot com. Hyre durney durney i didn’t think that shooting. Good ending. You’re listening to the talking alternative network, waiting to get anything. Cubine hi, this is nancy taito from speaks been radio speaks been radio is an exploration of the world of communication, how it happens in how to make it better, because the quality of your communication has a direct impact on the quality of your life. Tune in monday’s at two pm on talking alternative dot com, where i’ll be interviewing experts from business, academia, the arts and new thought. Join me mondays at two p m and get all your communications questions answered on speaks been radio. Are you stuck in your business 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. Buy-in you’re listening to talking alt-right network at www. Dot talking alternative dot com, now broadcasting twenty four hours a day. This is tony martignetti athlete 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. Dahna hyre