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

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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. 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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. 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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

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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. 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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. 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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? 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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

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Hello and welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent i’m your aptly named host. 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? 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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

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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. 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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

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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? 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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

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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

100: The 100th Show! It’s All Social Media – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Amy Sample Ward, membership director at Nonprofit Technology Network (NTEN) and contributor to Stanford Social Innovation Review

Scott Koegler, editor of Nonprofit Technology News

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

Maria Semple, The Prospect Finder, consultant in prospect research and author of “Panning for Gold: Find Your Best Donor Prospects Now”

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

View Full Transcript
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Hello and welcome to tony martignetti it’s show number one hundred high fives and knuckle bumps. It’s show number one hundred and welcome. This is big non-profit ideas for the other ninety five percent on tony martignetti non-profit radio your aptly named host. What a coincidence that i found this show on july of two thousand ten two years ago show number one hundred today i do hope that you’re with me last week, it would cause me great vengeance and furious anger if i were to learn that you missed automated accounting with aaron schmid he’s, the chief product officer, billhighway and he thinks about a lot a lot about accounting, so you don’t have to. He had ways to improve reporting, automate and integrate accounting with your bank and online engagement to action at the fund-raising day twenty twelve conference, we were a media sponsor on the exhibit floor, interviewing speakers, and one of those was j frost, ceo of fund-raising info dot com. He talked with me about moving people from engagement online to giving online how to convert your social media friends into donors this week. It’s all social media for show number one hundred amy sample ward is a social media scientist that’s my title she’s very modest. I described that title to her she’s membership director at non-profit technology network and ten and a contributor to the stanford social innovation review. We’ve opened it up to listeners and she’s going to take all the questions that you sent in, and all our regular monthly contributors will be with us will dish on social media in the law for prospect research and in technology you know who they are. Our legal team. Jing takagi and emily chan from san francisco, the non-profit and exempt organizations law group maria simple, the prospect finder, our contributor on prospect research from new jersey and from north carolina, say but keller will be with us he’s, our technology contributor and the editor of non-profit technology news on tony’s take too. I’m going to be giving away t shirt and sunglasses for podcast listeners because this is show number one hundred use hashtag non-profit radio to join the conversation with us on twitter. Amy sample ward is monitoring it sam, the producer is monitoring, and lynette singleton, our georgia fan club president and frequent assiduous live twitter she’s live tweeting. The show today lynette is at s c g four the number four non-profits and the hashtag is non-profit radio the show is sponsored by lap fund-raising l a lap of fund-raising dot com and i’m very grateful for their support. We have our first contest right now. A few minutes ago, i said great vengeance and furious anger. What movie is that from? Not the bible it’s in the bible, but that’s not what we’re looking for looking for the movie that that lines from you will win a copy of managing technology to meet your mission. A strategic guide for non-profit leaders donated by n ten amy, thank you very much. If you put the answer to that question, what movie was that line from on twitter right now? Make sure you use the hashtag non-profit radio what movie is that line from great vengeance and furious anger? You will win, you’ll be our first winner right now. We take a two minute break and when we return it’s all social media stay with me and amy co-branding dick dick tooting getting ding, ding, ding ding you’re listening to the talking alternate network get anything? Cubine hi, i’m carol ward from the body mind wellness program. Listen to my show for ideas and information to help you live a healthier life in body, mind and spirit, you’ll hear from terrific the guests who are experts in the areas of health, wellness and creativity. So join me every thursday at eleven a, m eastern standard time on talking alternative dot com professionals serving community. 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 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. Welcome back, we still need our first contest winner, great vengeance and furious anger. What movie is that from? Posted on twitter? Use the hashtag non-profit radio and with a copy of a book look donated by and ten the non-profit technology network. The book is managing technology to meet your mission welcome palo alto welcome, san francisco welcome, san jose, all in california! Welcome, california listeners right now. Very pleased to have with me for the hundredth show. Amy sample ward amy is membership director at non-profit technology network and ten, which you’ll find it in ten dot org’s and a contributor to stanford social innovation review her block is amy sample, ward dot or ge and she’s at amy rs ward on twitter she’s, co author of social by social a handbook on using social technologies for social impact social by social dot com is where you’ll find that book, and any profits from that book will be used to support projects which promote the use of new technologies for social good. Amy sample ward welcome to the show. Thank you for having me. It’s. A great pleasure to have you in the studio for show number one. Hundred any profits from the book are going to be given to support projects that used that promote the use of new technologies for social good. But i thought profit and greed drove are our economy what’s the social good? Well, when it comes to the book, it was a commission book by nesta who is an innovation thunder in the uk. So they commissioned us to write it. We don’t make any profit off of it in that way. And then the funds that come from the book just get put back into the innovation fund that nestor manages all for social good. Yes. And of course, i was being sarcastic or not. Of course, not all agreed. Not not most. Not all. Not entirely. We have our first question from you came from our first winner because she posted a question on the linked in group. Mary lynn holland has one an hour of consulting from me, even during registration or planned giving. Congratulations, mary lynn holland and her question. She has two questions for you. What’s. The biggest mistake that you see small non-profits making in social media. Well, there are lots of mistakes, but i would say the biggest mistake that kind of encompasses all those little things that trip up small organizations is trying to spread themselves too thin thinking, oh my gosh, you know, all these other organizations air on, they’ve got a profile on every platform they’ve got, you know, all these photos and videos and everything going on, and they think they have to do the same thing, but they don’t have the capacity to maintain all those profiles. So unless you actually have the staff time and the content, tio keep all those different profiles alive and actually have something going on there and can go in and interact with the community that’s there just don’t put the profile up on that platform, you know, just be very specific about what you what capacity you really have so that you don’t spread yourself too thin, and then people find your profile and it looks like a ghost town, and then you’re always apologizing for sorry we haven’t been here exactly, exactly one of the survey questions we asked in advance was, which social media channels do you wish your organization used or used better? And it’s pretty scattered across blogging and podcasting but facebook is kind of a large one, almost almost fifty six percent said facebook they wish they were doing something or more with facebook, and the largest was youtube. Two thirds of the people who serve we serve surveyed i wish they were doing mohr with youtube, but your point is you just you can’t keep up with the joneses necessarily, right? You can’t be on every single platform if you especially if you’re a small organization, but i think the survey showed, you know, that most people responding that they wish they were doing more with youtube and i think that’s because we see so many great videos but aren’t necessarily like high production value videos, and so then you get that feeling of, like, man, i could have made that video, why didn’t i think of it are right and, you know, so i think that there are a lot of those feelings to have seen other people succeed in thinking, gosh, it doesn’t look that hard. White why didn’t i do that? We have to take a break. Amy sample ward, of course, stays with me, and when we return, we’re going continue with social. Media. And we’ll have another contest. Stay with us. Talking alternative radio twenty four hours a day. 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 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 shop a neo-sage tuesday nights nine to eleven easter for the isaac tower radio broke 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, 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 money time, happiness, success where’s your breakthrough? Join me, nora simpson, as i bring you re a world tools for combining financial smarts with spiritual purpose. As a consultant to ceos, i’ve helped produce clear, measurable financial results while expanding integrity, passion and joy share my journey as we apply the science of achievement and the art of fulfillment to create breakthroughs for people across the world. The people of creation nation listen to nora simpson’s creation nation fridays at twelve noon eastern on talking alternative dot com hey, 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 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. Welcome back, it’s. Sure. Number one hundred twenty martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. We have a caller on the break. We gotta call r steven perrotto. I know you. Welcome. I know you do what’s up. I was calling to brad schnoll age. Do on your hundredth show. Thankyou. All your friends that beautiful. Thank you very much. Future funds is a company that i do some work with and four. And we do great work with clients, don’t we? I think we do. I know. I think we do. You think we do too well, that’s. Good. Okay. Thank you, steve. Thanks very much for calling in, man. Thank you. Another hundred. Thank you. All right. And we had some with some nice things. Said on on other social media. I had someone who wished us wish us very well on the someone was just very well on the linked in group and ah, bunch of good, well wishes on my email list. And if you want to get on that weekly email lorts find out who the guest is going to be. You could do that on the show’s facebook page. We had a listener, tom l from california, and we’ve a bunch of listeners live from california right now, tom says. I was at the south rim of the grand canyon yesterday already to tune in on your on your broadcast. I thought it sounded fun tow listen while being in this remote spot, unfortunately, just a little too remote and no signal, so i did the next best thing and listen to a pre recorded podcast that i had downloaded for this trip and brought with me. Listen, tom ellen, california, thank you on the edge of the on the edge of the grand canyon. Amy it’s incredible where people are listening technology, it reaches everywhere, staggering, so question number two from maryland, holland, who asked fromthe linked in group and one hour of consulting from me, she asks what’s the biggest misconception non-profits have about social media well following on kind of from that previous question, you know, i think that a lot of small non-profits think, oh, this will be our magical cure all potion of technology, you know, we won’t have to do those email alerts anymore, and we won’t have to really send out your end appeal because, well, just tweet it or we’ll just posted on our facebook page, but it’s, just one channel and you need to be, you know, maintaining your engagement, your strategy across all those channels you still need to use email still need to use your whether it’s, direct mail or phone, whatever you are doing in your organization and social media, just another component on dove course face-to-face exact don’t want to ignore face-to-face meetings, right and social media’s great for face-to-face riel world offline things because people that are there khun just amplify what’s going on can post pictures in real time. Khun, you know, stream of video, khun send out tweets and so all those that aren’t there, maybe aren’t in that city couldn’t come whatever khun still follow along and it’s great for community building around your organization because so many more people feel like they knew what happened and they were a part of it, okay? And people are doing that for us right now, exactly, people a re tweeting, tweeting and retweeting and one of the survey questions we asked is whether your community engagement strategy includes social media and hundred percent did. Say yes. So everybody’s, everybody who surveyed eyes doing it. But we don’t want it to be a substitute for exactly. Of course. Of course. Okay, let’s. See, um let’s go. We have ah, contest winner maria? Yeah, maria simple. Oh, i should have said affiliates and friends and employees of non-profit rate or not eligible, but i didn’t say that maria simple winds absolutely correct. Great vengeance and furious anger is from pulp fiction, of course. And i believe that maria simple is the first person teo to answer that on twitter. But but i have to make important qualification. All results must be sifted through our social media manager, regina walton of organic social media. So preliminarily, maria simple is the winner, but that is subject to change based on heimans on findings by our social media manager, regina walton. Okay, um, we have another question this one is from twitter. Came from matt morgan and he’s at morgan m o r e m o r g a g n on twitter. Advanced question. What are the must have social media platforms? Let’s take that part first cause he asked reports what the one of them must have. Social media platforms well, i wish that he was tweeting along because i just have a question back for him and that’s, who are the people in his community and what air his goals for them if you if you have people in your community that are really into maybe you’re an organization that works with wildlife refuges and they love nature, well, they probably really like taking photos of nature, and that means, you know, the kinds of platforms that you want to prioritize your time on are ones where people are sharing photos, so maybe flicker facebook, et cetera. But if you have a community that works largely offline and very locally, then you’re going to want to pick platforms that aren’t necessarily for sharing out broadcasting tons of stuff, but or maybe facilitating those people, you know, sharing knowledge just within the group. So it really depends on what your goals are and who the people are that you’re even trying to engage you now. This is why i w social media scientist, because i think the average person would’ve said what’s, the what of the must have social media platform there were said, facebook looking and youtube but it’s not it’s, a much more sophisticated answer than that it depends what your goals are exactly exactly, and we’re trying to reach okay, and matt also asks from twitter how is the best way to measure twitter impact so back to that goals question, even though it’s specific to twitter, you know why’re you using twitter? Are you an organization that’s using it to really get a lot of information and knowledge out there? Maybe your think tank and you just want to make sure lots of people are using your research in your data? Well, then you’re going to want to maybe prioritized metrics around retweets and how many people have, you know, shared a linker clicked on a link that you’ve tweeted because that shows your knowledge is getting out there, but if you’re using it just for building connections and you really want people to engage with you, well, then the retweets air just sending more people away. You want to count those replies and people asking questions to you so you know the way you measure twitter impact isn’t universal for everyone, it really depends on why’re you even using that platform, have another contest, and this one is to win and ten sunglasses on and a copy of the book donated buy-in ten the future of non-profits innovate and thrive in the digital digital age zoho dave neff who’s in ten member okay, dave, next book can be yours along with sun glasses to wear while you’re reading it. Although they’re probably egyptian, we’re not giving prescription sunglasses, all right? Well, if you wear contacts, then you can wear the sunglasses while you’re reading eyes. The treasure hunt there’s a treasure hunt i had the founder of a worldwide social network as a guest twice it’s a very top of my network, everybody knows this network. One of the interviews is on our youtube channel, which israel tony martignetti some dude in boston took. Tony martignetti so my neck, my youtube channel, israel. Tony martignetti what is the name of the founder of the worldwide very well known social network that i had as a guest? Twice, you’ll find one of those interviews on a video on the youtube channel real tony martignetti answer on the youtube channel put a comment on the youtube channel, um and name him and you will. Win the sunglasses and the book. Okay, let’s. See who else we got? We got baldwin, new york. Welcome, atlanta, georgia that’s. Probably the net singleton, our master and assiduous tweeter. Welcome atlanta. We also have ah, north carolina. What was that town in north carolina? Sam, i missed it. Newport, newport, north carolina. Welcome. I love our live listeners. L three’s love live listeners. Wei, have another question for you from this one’s from peter heller also came to the linked in group peter heller. I’m wondering if any research has been done on how much of a capital campaign can be raised via social media. I believe social media is vital for non-profits, but the sexiness of it distracts from the eighty twenty role, which is eighty per cent of your gifts will come from twenty percent of your donors. You aren’t going to get your top gifts from via the internet, but you will get smaller gifts and lots of visibility. So basically asking, is there any research on how much of a campaign comes from social media have any insight into that? I don’t know if there’s research about the whole campaign because for a lot of the people that are doing this research and benchmarking there, the people either process anders or facilitating the online donation, and so they don’t know the rest of the story. They don’t have access to the organization’s data to know what else they were raising. They only know the data of the online portion, but there’s definitely benchmarks around that, and one that is, you know, has been done. You’re over a year is from blackbaud and the chronicle of philanthropy just is a heads up, i don’t know spoiler there, maybe i’m not supposed to say, but i would keep an eye out there because they’re going to be doing summarily good stuff with online fund-raising data very soon just to help keep those benchmarks out there, okay, but i would go to blackbaud and get there. They’re online donation research and you can see the average gifts, eyes, you know, it has been increasing and things like that, okay, i would also add for peter’s question that the the social media e-giving is probably going to be at the base of the of the fund-raising pyramid, the campaign pyramid where the base is all the smaller gift. We typically say it might take hundreds or thousands of small gif ts and typically, that’s. The gift giving that’s online is fifty twenty five, one hundred dollars. You know, in that vicinity and those air in a capital campaign of ah, even just a smaller campaign of two hundred fifty thousand dollars, or half a million dollars. You do need lots of those smaller gift, right and that’s, where social media would would probably be counted in that in a campaign. Exactly. Thank you. Let’s. See what we should do. What with that way have just three minutes. Is that we’re here? Oh, we have. Ah, scott, koegler is on the line. Oh, scotty kegs on here. Tony scott. Koegler is our regular technology contributor and the editor of non-profit technology news. And he is with us for a few minutes. Scott, how you doing? I’m doing great. How you congratulations, by the way. Thank you very, very much. You have a little social media topic for us today. What you gonna do? We’re gonna tease us with. Yeah, actually, it is a teaser because we’ll talk about this next week, but, uh, analytics. I mean, i heard part of the conversation about how do you know what you’re getting from? Your from your social media efforts and that that kind of goes to return on investment, you know, why would you actually spend time and money pursuing social media, right? How do you know what you’re getting from it? Okay. And that’s kind of been a perennial issue with just, you know, making those kind of decisions. So what do you have for us? Yeah. There’s. A lot of platforms out there. I know of three that are kind of my top of mind there’s hoot suite, which is a combination of free and paid for depending on the level of the analysis you want to do, uh, there’s, another one called market metoo sweet, which is kind of a new one. And it’s got a fairly unique approach to enable that was market me sweet market metoo assume suite is s u i t it is confectioner sweet. Okay, right. And the other one, which is maybe a cut above those two is something called radiant six. Maybe i am six. Okay. And that’s now a sales force dot com company. And they’ve got very interesting approach. They actually allow you to find the people that are talking about the things that you want on whatever platform there using whether it’s, a lichten group or yahoo group or twitter or facebook, or any of those and actually all at the same time, and then initiate conversations on the platforms that they’re using it’s really unique. And then they got all kinds of reporting stuff. Okay, um amy, do you have? Do you know any of those? You know, those sites or or? Any others that are useful for analysis of how you’re succeeding? Yeah, there’s, there’s tons of of platforms like that, you know, that range from frito all the money in the world that you want to invest in being able to track and report everything. I always recommend the organization’s start with a free version, no matter what, because until you’re tracking something you don’t know what’s worth investing in on dh you, khun get very sidetracked by all the shiny, shiny toys that are out there. I’ve used most of them, or at least tried them out. One thing that i do like about radiant six so that’s on the spend your side of what scott just shared. One thing that i do like about radiant six is that it has some tracking for the whole conversation. So you can say, you know, if you are using twitter, for example, to really grow your brand and change people’s ideas by getting your data and your knowledge out there, then knowing what percentage of the conversation on that topic you are a part of that’s. Incredible. Okay, thank you. Okay, scott. Cool. Everybody agrees. Excellent. And i know scott, you have to go. You coming down for a few minutes? Indeed, we are going to record next week, but that show that where scott and i will go into more detail on the analytics that’ll be the august third show. But he and i will be doing that next week. Scottie, thank you very much for calling in. Thanks, tony. Congratulations again and talk with you. Thank you very much. Thanks, buddy. Bye bye. Okay. Um, let’s see what we could do right before a break. Maybe another let’s. See another treasure hunt. Maybe we have two minutes before breaks. And so, uh, okay, perfect. So we’ll have another treasure hunt on the block. I have had a ceo of a popular charity rating organization on the show. This is a treasure hunt on the block. His last name is berger what’s his organization. Post your answer on the facebook page to win a copy of open community. A little book of big ideas for associations navigating the social web. So again, had the ceo of a popular charity rating organization on the show search my blog’s for his last name, which is burger and tell me what? His organization is and post the answer on the facebook page, and you’ll get the book for matty. Grant is also an antenna member. This incredible amy knows all these authors, really, i have to keep. I need better social social circles. I hang out with you more right now, we’re going to take a break. Amy sample ward, fortunately, can stay with us the whole show. Grateful for that. And and also after this break, we’ll have tony’s take, too. I’ll have another contest, and you’ll be maria semple with with about us and also jean takagi and emily chan. And again, any stays with us, so and i hope you do, too. Talking alternative radio twenty four hours a day. 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. Hi, i’m carol ward from the body mind wellness program. Listen to my show for ideas and information to help you live a healthier life in body, mind and spirit. You hear from terrific guests who are experts in the areas of health, wellness and creativity. So join me every thursday at eleven a, m eastern standard time on talking alternative dot com professionals serving community. Money, time, happiness, success, where’s, your breakthrough. Join me, nora simpson, as i bring you real world tools for combining financial smarts with spiritual purpose. As a consultant to ceos, i’ve helped produce clear, measurable financial results while expanding integrity, passion and joy. Share my journey as we apply the science of achievement and the art of fulfillment to create breakthroughs for people across the world. The people of creation nation listen to nora simpson’s creation nation. Fridays at twelve noon eastern on talking alternative dot com geever. 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 if you have big ideas and an average budget tune, tony martignetti non-profit radio we dio i’m jonah helper nari team in co founders of next-gen charity. Welcome back to the one hundred show who it’s time for tony’s take two at roughly thirty two minutes into the hour, my voice is cracked like i’m like fourteen years old. Welcome, georgie city, newjersey! Welcome live listener judges, teenagers, that’s my dad’s birthplace it was greenville hospital in the greenville section of jersey city, and my grand parents used to live on mcadoo have in jersey city. So welcome jersey city on tony steak to right now, i first want to be very careful to say thank you for everybody who has been listening to the show. There wouldn’t have been one hundred shows i would not have been doing this for two years if nobody was listening. A podcast that nobody listens to is ah diary it’s under lock and key or what good is it so very grateful? I’m very grateful for lots of listeners, lots of support followers on all our different social media channels of the show. Thank you very much and a special shout out for a podcast. Listeners there are over a thousand of them, and right now i have a contest for podcast listeners. So live listeners, you’re welcome to listen. Don’t don’t don’t shut away, but this one is for podcast listeners. They’re going to win an intent t shirt and a pair of sunglasses, but after the podcast is posted and regina walton knows exactly the moment and second that the podcast goes live. And after that time, the first person who tweets the phrase non-profit radio has over one thousand podcast listeners, we’ll win the end ten t shirt and pair of sunglasses, so podcast listeners. After you’ve heard that podcast, go to twitter, use the hashtag non-profit radio and tweet the phrase non-profit radio has over one thousand podcast listeners, and i’ll leave it to your discretion when you where you want to put a comma in the one thousand that’s up to you, my blog’s, as always, is tony martignetti dot com and that’s, where you will find information about today’s show and that’s, where we’ll be posting lots of contest winners next week. We’ll have the contest winners posted on my blogged at tony martignetti dot com, and that is tony’s take two for friday, july thirteenth, twenty eighth show of the year. Right now we have lots of contributors with us, maria simple is on the line. How are you, maria? Great. How are you doing? Very well, thank you. Marie is the prospect. Find her she’s an experienced trainer and speaker on prospect research. Her website is the prospect finder dot com her book is panning for gold. Find your best donor prospects now and on twitter she is at maria simple. Welcome, maria. Thanks, tony. And congratulations. Thank you very much. I know you and you and amy and i are going to talk about email and online strategies, so we’re going to get to that that connection very soon. But let’s bring in gene and emily to what the heck gene and emily how you doing? We’re doing great many congratulations on your hundreds. Thank you, emily. Are you there or is genius speaking? Speaking speaking for you today i’m here okay. Jean takagi is the principle of dio the non-profit exempt organizations law group in san francisco. He had it. The popular blogger at non-profit law blawg dot com and he’s at g tak gt a k on twitter emily chan is an attorney at neo-sage principal contributor to that non-profit law blogged and on twitter she is at emily. Chan, welcome again. So and you guys were going to talk about who owns your twitter account? That’s? Really interesting. But let’s see let’s, start with maria and maria. You have some advice around coordinating email and social media channels. Yeah. That’s right. Tony, really? Email marketing is no longer just about sending out email blast because it’s all very share a bill now. So the beauty of it is you can take the communications and leverage them much further. Both us, the sender, but also the person receiving it can go ahead and forward the communications on their social media platform. Okay, forwarding. So is this done with a simple links in an email? Yeah, usually it’s done with that share, that social share bar that we’re also accustomed to seeing now that also it already has a little icons embedded into it. Okay, but certainly they can take the girl and cut and pasted in as well if they prefer to do it that way. But those social share buttons really make it great to be ableto take your communication and leverage it further. I mean, what what’s your vice around coordinating email with your social network channels. Yeah, we try to do that, i’ve seen organizations actually see big upticks because they see, you know, a message go out and then a coordinated message asking what people thought of it or if there was a video embedded or photo, you know, an action that they can then say, hey, look at all the people signing that petition or whatever, but another form of engagement that i’ve seen, especially small organizations that, you know, maybe have to staff or say three staff are not paid, you know, like just a volunteer organization used tools, you know, they don’t like that very first question getting spread too thin, they know they have email addresses, they’re not going to worry about facebook, so they really want to make those emails really good. Andi, i’ve seen people use a tool called group fine that allows your email toe actually be kind of alive, so i’ll send out an e mail to everybody, and i say, you know, we’re looking for your feedback about this event, you know, what day do you want it? And then who would you like is the speaker? You can embed those questions in the email and when people respond and you open your email, you see their responses live in your ok so people can see written out answers from other people in the community, etcetera. So you can literally start a conversation in an email because everyone is opening that email and seeing it and that’s why it was called group find group, vine group find like a great plan. Great. Fine group. Fine. Okay, maria, what what else did you want to share with us? You know, i wanted to share also that there is a site called nutshell mail dot com for those small organizations that are thinking, well, how do we begin? Teo, monitor the conversations that are going on elsewhere. You can actually set up an account with nutshell mail, i believe it’s free and you can have the three e mails sent you. However often you want throughout the day. So let’s say you’re interested in monitoring your e mail your social media communications and mentioned at the beginning of the day and toward the end of the day, not shell male will actually send you an email. Recai recapping all of social media that has been going on or you actually designate you’re interested in monitoring face focus your monitoring, lengthen or twitter. You designate which ones you’re interested in getting the communications about. And maria is nutshell male free. I believe so. Yes, it is. Okay. She says yes. Maria says yes. So yes. Okay. Excellent. Excellent. Maria way. Want to leave us with one other tip before we have to move? Teo jean emily a little bit. Yeah, i think one other site that i might like. Just drop and leave with you it’s something called social quick starter dot com and it’ll give you some additional ideas about how to leverage your email communications into social media. Okay, would you be good enough? Teo? Post these on the facebook page on the linked in group. Sure. All these free resource is. Thank you. I always appreciate you doing that. Thank you. Um, on dh, you’re welcome to stay if you want, you hang on the phone. Maria, can you cure? Okay. Excellent. But let’s, uh, let’s. Go to jean and emily and there’s some recent controversy around a case that involves whether the issue is whether a person on employee or the employer owns the twitter account after the employee leaves who’s going to who’s goingto give the fax an overview of the case familiar gene, go ahead either one okay, not go there. There was a case recently and arises because many of us are mixing our work and personal lives so much and i think that’s especially true when we’re using social media. Andi so for people who are on twitter on by all of us, i think are on twitter now we put in our personal statements as well, lazar our word promotional statements and do some branding for our companies and for our selves personally. So there was a recent case, probably the most well known that was filed in july of last year involving phone dog and an employee who’s named noah kravitz. Kravitz was using a twitter account that had phone dog is part of the twitter handle phone dog noah okay, promote the company and crab it’s left the employment, kept the twitter account and changed the handle to noah kravitz, his name but by that time, he’d accumulated over seventeen thousand twitter followers um, and months later, phone dogs decided to sue because they wanted the account in the followers, you know, suing for damages, they figured out that each follower was worth two dollars and fifty cents per month for eight months, and that ended up being three hundred forty thousand dollars in that complaint timesthe seventeen thousand followers that’s interesting that any idea how they came up with two dollars and fifty cents per month for ah is the value of a twitter follower? Well, that i think if i’m following you, i’m worth much more than that i’m worth, i don’t know fifteen or twenty dollars a month surely that’s definitely the big issue, and it may be a way that each organization values its prospects on customer list, but that’s that’s sort of each organizations proprietary information. I’m not sure exactly how they came up with that and that’s definitely one of the issues. Okay, i’m going to just ask amy, just this is a little date. Well, it’s an interesting issue. Yeah, but i know and we’ll go deeper in the law. But, amy, any sense of value, any reason research on how how twitter accounts value their followers in really indulgence sense? I don’t know, i mean organizations do it in different ways, in this case, it’s. Very different than, like many non-profits that aren’t tracking the our ally of anything or anyone. So they actually have the math, you know, to to do the calculation. But i think that for most organizations, their primary use of twitter was just the community building and never asking for anything you know, fund-raising wise not doing appeals. They’re not even doing customer service for other fund related work, but in litigation, as jean points out, there has to be shevawn cause of action and also damages. If you’re angry at somebody but you weren’t injured or damaged by it, then there’s no recompense in law. Anyway, you might get an apology, but so that’s how they valued. Ok, jean little digression. Sorry. Yeah, so well, that’s the basic issue and and of course, been final by finalized yet, so they’re still going into settlement agreements, and we’re going to learn from this, but we think this is going to blow up and be more pervasive because there are a lot of issues involved where employers are just not making clear who owns the account that out that and that creates, you know, potentially triable issues i have i’m sorry, i have a survey question and emily, this will probably leading to some of your advice around this. Do you have a written policy on use of social media accounts by employees? And about fifty six percent of people said yes at about forty five percent, forty four percent said no. So let’s, sort of close to a half don’t have a written policy. Emily, i’m sure there’s advice that involves written policies, of course, absolutely. With any policy, i think it’s important to think about what you’re actually trying to address. So even if half of the survey respondents have a policy, is it actually addressing the questions that are coming up in cases like phone dog versus kravitz? You know you may have policies about what can be put a on the twitter account, like what kind of content you’re supposed to push out. But did you actually address, you know, who owns the account, who maybe account, and you have guidelines for howto relinquish that account when that the employment end. So these are all the kind of questions that organization should be thinking about when they’re creating these policies. Now that these cases, they’re coming up, okay, and we just have a minute before a break. One more piece of advice. Teo, help stave off these these issues. I think just making any step in the right direction, you know, it’s hard to do a comprehensive policy, but to just tackle one question out of time, i think you can really help the organization in the long term just to say, you know, the employer owns the account and you give it up end. Making that clear is something that i think probably a lot of organizations i haven’t done yet. I haven’t thought about it, okay, you’ll stay with us. Of course, i like i love the name of that case phone dog versus kravitz. I don’t know if he’s related to lenny kravitz or i think of mrs kravitz from bewitched. Those of you remember that show, mrs kravitz, i believe, was the neighbor. I don’t know if noah is a descendant of any of them. We’re going to take a break and when we return, maria semple stays with us and jean takagi in emily chan and amy sample ward and i hope you two. You’re listening to the talking alternative network. Duitz have you ever considered consulting a road map when you feel you need help getting to your destination when the normal path seems blocked? A little help can come in handy when choosing an alternate route. Your natal chart is a map of your potentials. It addresses relationships, finance, business, health and, above all, creativity. Current planetary cycles can either support or challenge your objectives. I’m montgomery taylor. If you would like to explore the help of a private astrological reading, please contact me at monte at monty taylor dot. Com let’s monte m o nt y at monty taylor dot com. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com. We look forward to serving you. 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. Talking. I’m can burger of charity navigator. And you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. Welcome back to the one hundred show that last love, amy’s little move that last drop where someone is that’s called a drop when someone is endorsing the show. That’s a pretty significant clue to one of our current contests. I have to leave it there. Amy, i want to ask you how, and ten manages ownership of social media properties and three organizations, all about social media. You’re all doing lots of things. How does how does that organization manage this? Sure. So we definitely do have a policy in place and it’s part of our employee handbook that everyone has to sign. So we know you at least pretended to write it. Did you mean emily chan, right? That policy for you? She did not. They did not. Well, it’s probably substandard, but haven’t i? I’m happy to say it some standard until they look it over, but we that the inten organizational account and ten org on twitter is the only one that is thie official voice event ten and we have policies in place that say who can have admin access to that? You know who khun tweet from the account when what kinds of things? You tweet, but then we also have some guidelines and parameters for using your own account and that we’re totally fine if you want to have your own twitter account and not be associated with antenna and never talk about us, etcetera. That’s truly finds your personal account, but if you do want to tweet about and tens work or in support of intent or anything like that, then we want to make sure that you say that you are an ant in employee in the bio so that if if, say, someone asked a question and you respond from your personal account and not the official account, they know it really was legitimate, you know, information that they were getting back, and it wasn’t just some random person trying to say this is how to use the site or something. So we want to make sure that it’s, transparent and clear in your profile, but we don’t own that profile. We don’t own. We don’t try and measure or anything, even those personal accounts, and then when you leave, well, then we ask, obviously, that you take the reference that urine and an employee out of your bio, but that’s it, it’s still your it’s your own account. Okay, jean, how does that sound to you? Well, we love and ten. And so you know in-kind well, okay, that okay, their policies, they’re probably pretty strong. And that sounds like that. Sounds like great. Those sound like great guidelines. And maybe one cautionary note. If you don’t do something like that. And you’ve got an employee that’s tweeting on a quasi work accountant starts to endorse a political candidate in this election year. You could get into a lot of trouble for your organization. Election hearing. We talked with her. Yes. You and i and emily talked a lot about that in a previous show. Election hearing and political advocacy. Okay. We definitely like to encourage people to vote, but we do not tell them who to vote for. But so what would happen then, jean if if amy on her on her on a personal account, that does say that she’s within ten started to endorse a candidate, what would happen? Well, those those words could get attributed, teo. Antenna if it’s an antenna owned, account controlled account and then that’s just a safety organization, it endorsed the candidates themselves, which is a violation of five twenty three and potentially jeopardised the five oh, one seat to exempt status of the organizations why you gotta do take steps to make sure that that doesn’t okay? And i guess, emily, that should be a part of your your polyp written policy, yeah, absolutely a cz much of the organization and its best interests, khun document that it’s doing its part to take care of its responsibility that’ll be helpful. So in the employee handbook saying, you know, if you do put that urine and an employee like you should know that is a five, a one tree organization, we can’t make these kind of statement was we can’t expect organizations to monitor all of their employees accounts, and then if the employer does become aware of something that happened, you know, documenting the steps you took to make sure that it wasn’t attributed to the organization, like having asking the person, maybe tio put something on their account to make sure that it shows that it’s their personal account i’m or even just as the organization with the accounts, you’re in control of making sure that you’re putting the information out there like that, we do not monitor employee account, okay, amy’s doing a lot of nodding. So i just i mean, generally that’s the way in ten manages things. Yes, yeah, okay, um, let me ask you, we just have about two minutes left. Can’t noncompete and non solicitation agreements be valuable in this? Also, jean. Yes, absolutely. So if somebody doesn’t, uh, have has a personal, own email account or started sorry social media accounts like a twitter account and brings it to the organization’s main competitors when they switch firms and that’s going to be a problem if they bring all the followers over oh, run so absolutely having a non compete but use traditional non compete agreement. But make sure that they reflect that there’s social media properties as well. That may be involved, i think it’s really important? Yes. Because in this phone dog case, noah just noah kravitz left the employment, but he didn’t go to a competitors, but yeah. Interesting. If if you go over to a competitive right. Absolutely. Yeah, very good. Let’s. See, i guess we should probably say goodbye, maria. Simple. You’re still there. I know i am. Um, let me give you one shot. Is there anything? Is there any more sight? One more site. You want a name in our last minute? Since we haven’t talked to you for a few minutes. Oh, boy. Uh, gosh. There’s so many great ones out there. One mashable dot com. Okay, mashable i love just kind of keeping. Track of what mashable is talking about in all things. Social media and always come up with some interesting ideas after i read one of their articles. Okay. And that’s. A very well known block. Jamie, you follow that also. Develop mashable. Okay, maria simple. Thank you very much, maria. Simple. Of course, the prospect. Find her. You’ll find her at the prospect finder. Dot com. Thanks for being on maria. Thank you. Congrats again. Thank you very much. Gene and emily at neo non-profit exempt organizations law group in san francisco. The block is no non-profit law blogged dotcom. Thank you very much. Both for being on. Thank you so much, tony. Congratulations. Thanks, gene. Thank you. Thank you, emily. Thanks for helping talk to you next month. Amy let’s. See in wrap up one thing that you want, teo leave listeners with about social media that we haven’t said that’s sabelo in, like, twenty seconds zoho i would say give tools a try on your own if you want. If you think that they could be used for your organization before you try and set up the organizational account, so you give yourself a chance to figure out. How it really works, what things you like about it, etcetera, before you set up that organizational profile and start directing people there and then realize, oh, actually, this is broken or whatever, you know, work those kings out on a personal account first amy sample warders, membership director and ten non-profit technology network, which you’ll find it, and ten and t e n dot or ge and a contributor to stanford social innovation review her block is amy sample ward dot org’s amy, thanks so much for being a good yeah. Thank you for having me. Congratulations. Thank you very much. Real pleasure. Next week, we start to move to show number two hundred. Trim tab marketing. James eaton is president and creative director of tronvig group and the metaphor of trim tab as one person who can move an entire society has professional and personal meaning for him. And he’s gonna explain how something very small can really have a big impact on your marketing and had to figure out what that small thing is. Also no more crappy corporate partnerships. Another interview from the fund-raising day conference will have two people who were speakers at fund-raising day. And they want you to take a holistic approach to your corporate relationships because your charity as real value for companies and they have a lot more to offer you than just money. We’re all over social media, you know that by now you can’t open a new tab on your browser without a head on collision with tony martignetti non-profit radio, you know, we’re on linked in, you know, we’re on facebook, you know, we’re on twitter use that hashtag non-profit radio lynette singleton, thank you very much for your live tweeting today i’m on four square! You can follow me on twitter also, and those are all the ways oh, youtube, i forgot about that itunes you want to become a podcast listener non-profit radio dot net takes you to our itunes page what does it mean when a cause long out of spotlight raises one point six million dollars in just two years, an idea grows into a powerhouse helping one hundred seventy thousand people each year, and when an agency raises three point eight million dollars in government grants in six weeks, it means lap a has done its job lap lap a lap of fund-raising dot com for your campaign grants and planning needs. Our creative producer was claire meyerhoff. Sam liebowitz is the line producer of tony martignetti non-profit radio shows. Social media is by regina walton of organic social media. Regina, thanks for all your help today, and the producer of tony martignetti non-profit radio is john federico of the new rules. I hope you will be with me next week for the one hundred first show. Tony martignetti non-profit radio, one to two p, m eastern on talking alternative broadcasting at talking alternative dot com. I didn’t think that shooting the good ending. You’re listening to the talking alternative network. Get in. Thank you. You could. 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 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. Buy-in oh, 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 broadcast 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

078: Readings, Possible Futures, Past Lives & Board Oversight Basics II – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Betsy Cohen, psychic medium

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

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

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No. Welcome to tony martignetti non-profit radio big non-profit ideas for the other ninety five percent on your aptly named host. I hope you’re with me last week because if you were and what a shame if you weren’t, but if you were those who were with me heard entrepreneurs on board, entrepreneurs are under utilized on boards, and jerry stengel, founder of venture near, helped you to make the fix. Who are these people? How do you find them? And how do you approach them to get their special talents on your board? Also, we had starting the plant e-giving conversation with laurie greiff, president of breakthrough philanthropy. She encouraged you to start the plan giving conversation with your committed prospects and donors. Well, if you weren’t with me last week, you are now much more important this week readings, possible futures and past lives psychic medium betsy cohen will take your calls and tweets my bryce just cracked tweets to read your non-profits energy and help you see a wider perspective, reveal what’s hidden and understand possible futures from different alternatives related to donors, staffing, budget programs or whatever challenges you’re facing. She’ll also do readings about career issues. In the second half of the show board oversight basics to our regular legal contributors, jean takagi and emily chan from the non-profit and exempt organizations law group in san francisco unlock the vagueness around board oversight this’s part two of the discussion we started on january twentieth there’s a lot to say and it’s important board oversight between the segments on tony’s take two in praise of naps that’s my blogger this week in praise of naps i’ll talk about why i praise them, so we’re live tweeting as we do every week hashtag non-profit radio use it recklessly, but especially this week we have a guest live tweeter mazarene treyz from austin, texas she’s been a guest on this show she’s been a guest on my podcast for the chronicle of philanthropy that i do monthly. You can follow her on twitter at wild woman fund mazarene treyz welcome to the show on twitter. Right now, we take a break when we return it’s readings, possible futures and past lives with psychic medium betsy cohen, so stay with me. You’re listening to the talking alternative network. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com. We look forward to serving you. Is your marriage in trouble? Are you considering divorce? Hello, i’m lawrence bloom, a family law attorney in new york and new jersey. No one is happier than the day their divorce is final. My firm can help you. We take the nasty out of the divorce process and make people happy. Police call a set to one, two, nine six four three five zero two for a free consultation. That’s lawrence h bloom two, one two, nine, six, four, three five zero two. We make people happy. Durney hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com. Welcome back to big non-profit ideas for the other ninety five percent and your aptly named host. Right now, i’m joined by betsy cohen. Betsy is a psychic medium. She has a background also in social work and psychology, and worked for a nonprofit for over ten years. So you see the important overlap she’s, a reverend in the spiritualist church of new york city, and is one of the top ten psychics in new york, and we’re going to have some fun, and i’m really very pleased to welcome that seat to the show. Welcome. Thanks for having me, it’s. A real pleasure. Yes, i want to tell people first that we are taking calls about your non-profit or about your career at eight. Seven seven for a tow for one two oh, for psychic medium, betsy cohen. And of course, you can also tweet using hashtag non-profit radio and we’re monitoring that hashtag here in the studio. Betty um psychic medium let’s. Try to break it down a little bit. What is a psychic? A psychic is somebody who gains information that they would have no other way of knowing through the collective unconscious or someone’s aura all right? And that could include a non-profit good to be with someone it could about the past president future and you can really tap into any kind of issue you want, even if it’s beyond your own personal self so you can find out information about other people. You can find out information about an agency. And as i was preparing for the show, i was thinking about you prepare for the show like the guest does more preparation in the host, okay, i was thinking about that law about corporations being individuals, and although most people don’t agree with that and it’s kind of wonky it’s, sort of that same idea, you know, each each agency, each corporation has its own sort of set of ideals and morals and things like that and operates as a unit. And so you can read that energy of the unit. And just as i would for individuals, talk about possible futures for an individual, we can also do business called consultations with the same sort of concept. Okay, so the person doesn’t have to be affiliated with the non-profit for youto read the energy of the non-profit they’re asking about or there does have to be some relationship. Well, that’s, sort of. Ah, moral question. I can get information on anything at any point. But if you don’t directly have to do with it, i prefer not to go there so similar as if business. Exactly. I have no relationship let’s say to thee, pick a huge charity to the american cancer society. Right? So it’s, none of my damn business. But through me, you could. But you could read about the american cancer society totally irrelevant. Just that i’m merely the one who brought it up. Yes, i could. Okay, but i choose not to understand. Okay? And then what about the medium part of psychic medium? What’s? A medium mediums are people who speak to people on the other side that the dead. Okay. And how do you? Ah, you know these these air unusual things to most people. Not everyone but but the most people. How does one establish credentials for talking to people on the other side? I mean, how do we know that that’s? A bona fide. How do you know that? It’s quantified. Well. And i am a reverend in the spiritualist church and the spiritualist. Church believes in a higher power the golden rule, things like that, but their primary function is to prove life after death, and so the way they do that is through mediumship. So if i don’t know you, you come in off the street and i make a connection with your deceased grandmother, and i tell you five shared memories that you had or something that she liked or did that really you could identify her from? That would be a way to sort of say, oh, my gosh, she’s onto something here, okay, okay, so they’re so being a reverend in that in the spiritualist church of new york city is a credential. It is just not something honorary. No, you have to be actually a certified psychic medium, which you conduced through schooling. And then on top of that, you know, it wasn’t something i just got online. I went to seminary school for about two years and got ordained, and i conduct church services there, and in fact, i’ll be in austin, texas, texas on the eighteenth, and i hope to co conduct the church service there and do some guest speaking and guess mediumship there, too. Okay, so mazarene treyz you’re in austin, texas, that’s. Ah, reverend betsy cohen will be there on february eighteenth at the first spiritualist church of austin, texas. Okay, a reminder that we’re taking calls eight, seven, seven, four, eight o for one two oh, if you have questions about the non-profit that you’re affiliated with that you work with or that maybe you’re a volunteer for ah challenges about budget or staffing or programming anything that’s ah that’s a concern in that non-profit you can also hit us on twitter using the hashtag non-profit radio. So you mentioned schooling, but i would have thought, and maybe i’m wrong that being a psychic or medium is something that you’re born with. I believe that actually everyone khun do what ideo but some people are more inclined and so it’s, just like, if you wind up growing up and you’re good at math, then you may study math further and you may become an accountant or something like that. So it really is through a lot of practice that you get to be a point where i’m at interest in helping others and things like that so it’s sort of like just getting a roadmap for where you’re going, other people have paved the way before, and they let you know what you can expect pretty much and in just a minute or so that we have left before the break is so this is greater than just someone’s intuition, obviously, but we all have intuition, a gut feeling about a person, a feeling that i left something in my apartment as i’m walking out the door, we all have that level, but this is much greater. I wouldn’t say necessarily greater, but more specialized and more in depth. So, you know, like i said, if if you’re not good at taxes, you might get, like turbotax online or something versus being an accountant and being someone who does taxes for a living. So it’s really just that concentration and practice really practice makes perfect, so it is also a lifestyle, so i don’t use any cards or any instruments or anything like that. It’s just my body. So i have to make sure that i keep really good care of my body. So there’s a lot that goes into it. Okay before the show, you said you have very good immune. System is bragging because i have. I have bronchitis right now, which, measuring treyz you don’t need to tweet that part, but betsy claims more sophisticated immune system than me. We’re going to take a break, and when we return, more readings, possible futures and past lives with psychic medium. Betsy cohen. Stay with us, the defendant think dick tooting, getting thinking thing. You’re listening to the talking, alternate network, itching to get anything. Nothing. You could are you stuck in your business or career trying to take your business to the next level, and it keeps hitting a wall. This is sam liebowitz, the conscious consultant. I will help you get to the root cause of your abundance issues and help move you forward in your life. Call me now and let’s. Create the future you dream of. Two, one, two, seven, two, one, eight, one, eight, three, that’s to one to seven to one, eight one eight three. The conscious consultant helping conscious people. Be better business people. Oppcoll hi, this is psychic medium. Betsy cohen, host of the show. The power of intuition. Join me at talking alternative dot com mondays at eleven a. M call in for a free second reading. Learn how to tune into your intuition to feel better and to create your optimum life. I’m here to guide you and to assist you in creating life that you deserve. Listen every monday at eleven a, m on talking alternative dot com. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics, politically expressed, i and montgomery taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com talking alternative radio twenty four hours a day. I’m christine cronin, president of n y charities. Dahna you’re listening to tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent. Welcome back to the show we’re talking about reading is possible futures in past lives. Becky, what is the advantage for non-profits what could what could a charity expect from a reading? Well, i know that especially in these quote unquote hard economic times, let’s, just call it a recession. We’re in a recession from metoo call it was called, we’re in a recession, eso in the recession dance and the recession non-profits tend to have it harder with funding being pulled left and right, and it really does trickle down from the top to the employees, and it could really affect morale and decision making and there’s a lot of the decisions that have to be made nowadays that didn’t necessarily have to be made five, ten years ago. And so when ever people come to a reading, whether it be a business consultation or individual, they’ve got issues that they don’t know the future of, they don’t know what direction to take, and if you have possible options, i’m trained to look into possible futures. So even hypothetical, yes, absolutely, because we do have free will, and so i don’t personally believe that, you know, as faras the american dream is concerned. We have ah, plethora of options to us all the time. But there are crossroads that come up. And so when you’re at a cross road that’s a time when you can say okay, well, should we should we go with this funder, or should we put our money in this area? And so i can say, okay, well, if you went with this funder, this is what would happen if you put your money elsewhere. This is what would happen as well. So you can really take a good look at the possible scopes of things. It really helps with decision making. On top of that, you know, there are a lot of things that, as you mentioned in the beginning of the segment, that it’s there’s hidden, hidden agendas and i do provide a wider perspective. So when especially people on the top of the letter don’t necessarily have the best connection with the people who are running the agency day today and interacting with the clients and things like that. And so with my my work and social work, i’ve seen sort of all stratos fears and and helped with that sort of communication so that so that the employees who were really running the business feel appreciated and the people on tap can make the best decisions for the whole agency, that kind of thing. Um, and as far as the problem solving goes, what i also say is, you know, you ask one question, but there’s a whole bunch of hidden questions in that as well. And so my job is to ask, ask, ask i am somewhat like a telephone, so if you’re getting a business consultation and i’m speaking with, you know, the collective, if i don’t ask the collective of it, i don’t ask divine source, it doesn’t get answered, so i ask all the whos that what’s the wise and the wares in the ones behind your question to really get a complete answer. Okay, now on the show, we have jargon jail, and you’ve just committed to offenses, but but they’re not as technical as we usually get a lot of times lawyers will find himself in jail, but the collective and divine source. Okay, so what are what are these? Okay, well, they in these terms, they’re sort of they’re sort of the same thing. There’s there’s an energy that connects us all and actually science modern science is actually leading us to to these conclusions as well. Some of it is not so easily access, but you can find it. And so is that that a lot of people believe in the soul, right? So there’s a part of us that’s, energetic that’s bigger than our body, and it’s connected to everyone so that’s sort of the collective unconscious that’s how we tune in we’re all plugged into this one energy and divine consciousness is that that in that intelligence source that is there only to support our highest good, and just always supports us, so they’re very similar, but slightly different. Sometimes i feel the divine energy is electrocuting me way have a question that came by email, i think, betsy, so go ahead. What is that? Yeah, anna in brooklyn says if i feel stuck and not being fulfilled at work, she works for a nonprofit, but afraid to change jobs. What can i do to find a passion? And so for for and i do feel like this happens to a lot of people when you’re in a non-profit for a while you sort of especially if you’re young, although even if you’re just new to the agency ah lot of times you’re really gung ho about it, and you’re gung ho because you go in with your your heart, you go in with the passion nobody is in non-profit to get rich, we know that right it’s a life of service, and so when you go in, you have on the forefront of your brain and your thinking low, i’m going to go in to help people. I’m going in to help people, and you go in with that passion, and then you go in and you read, you hear all the bureaucracy and the old staff member start to complain, and you start to see the different side of all the administrative stuff, and maybe you don’t feel appreciated, and then your passion starts to diminish and you start to lose track of what brought you there in the first place. What brought you that fulfillment and that joy? And so when you’re looking for a new job, what is always recommended is it sounds a little bit backwards and we’re not really taught this, but i know firsthand. That it works, especially when i worked in non-profit i was able to switch jobs by doing this is you need to create that passion from within again in your current job. What is it that brings you there that will connect you to your heart center, and that will let you sort of really tune into what it is that you’re there for in the first place, and then you can start to tune and say, okay, well, this aspect of the job i liked, but this aspect of the job i don’t like, and you can start to search with what it is that you do like, and you can start your job, search that way and then another quick thing is that when you, when you start to do that, when you start to appreciate where you are, your energy changes and the energy of those around you changes think of when you having a good day and everyone around you is smiling because you’re smiling versus getting up on the wrong side of the bed. So then there’s a thing when you have a job and you switch your attitude around and you go searching for a job. The people that you interview with want you because you’re bringing in a different energy of someone who’s unemployed and who needs that job? I just needed to pay the bills. That’s, not your best energy. And when you go in, you could be bruce. Exactly. And so you and you’re not being desperate because you hate your job already as well. So you say they say, why are you here? And they say, well, you say i want a new skill set i want to bring my passion to your agency and they’re speaking from the heart versus sort of masking your dissatisfaction at your old job now and so that’s. All very good. I think job search and job change advice. But are you able to read anything about anna’s situation just just from an e mail? Is that is that possible? Yes, absolutely. That was that was for and i don’t even know her last name. Oh, yeah. Yeah. Well, that that really applied that would really apply. Generally, it would because it’s it’s something that we all go through. But for her specifically it well, it works as well. She has a follow up. Question should i read that? Yeah, okay, she says at non-profits even if i do believe in the work i dio, how can i find more comforting asking for a financial support from the community, especially after bad press? So she’s talking about fund-raising so that’s a that’s a big thing as well, especially with the press, trying to find all of these things, you know, just a good story. So i would say, and one of the things that you do want to do is you do want to find those passionate people. The people who are there are ready with their heart, and if you can, if you can get the people who are actually receiving the services to somehow be represented, not necessarily that you want them to do the fund-raising themselves sometimes videos can really help. So the people who receive the services they have, you know, heartfelt message is if it weren’t for this agency, i would not be ableto walk today. I would not be going to college today. Videos really work sometimes, um, sometimes just stories that you can have a sort of, not a postcard. So you want to have that that poster child who was really affected those things, and if you have enthusiastic clients who want to be out in the public and say, can you help us out along with the staff members, that can be really helpful? That could be very compelling, absolutely than alive story to a board or ah, or an event that you’re hosting absolutely gala and those those are the things because you you always and this is a general thing, but it’s specifically for this question as well, you always want to focus on what you want versus what you don’t want. And so if you have that client and that staff member who are very passionate and very affected, the people, the audience, the people who you want to donate money are going to see that, and they’re not going to be concentrating on the story that they read last week about the agency other value that that non-profits could see in the reading focus on this little bit more the hypothetical that we mentioned earlier, so it doesn’t have to be it’s, not it’s, not limited to existing circumstances, but even just ah, question about different alternatives absolutely that’s what? You mean by possible futures? Yeah. Um, when i was in social work, i primarily not all the time, but i primarily worked with people with developmentally to say do weird about developmentally disabled. And they were pretty high functioning. My job was to educate them on the consequences of their actions and then let them make their own decisions. Unless it was a health and safety risk. Right? This is what i bring into my readings. And so when people come to me with a business consultation or personal constitutent consultation they say yes, but what should i d’oh? I say, well, that would be putting my own judgment in. And i take myself out. I will tell you, if you do this, this will happen. And if you do this other path, this other thing will happen. So you get to choose on dh with what degree of certainty can you say that? On your saying this so that this will happen with this other thing will happen? Not may happen. Might happen, you know, you know, it really depends on the feedback that i get from readings. So far, the feedback has been eighty to one hundred percent. Accurate how people come up with those numbers, i think is just sort of ah, feeling i do tape every reading and send it to people so it’s possible that they’re sort of rating on a checklist, but i wouldn’t. I wouldn’t necessarily go that far with it, and i don’t know of anyone personally who’s done that it’s just really a track record of of the past readings and how much they’ve come true and also, you know, i always look for the for the best possible future for somebody, so there isn’t necessarily doom and gloom, although someone did ask me if i get something negative, will i relay it on what i say is that whatever i get, i give, so if i get something negative, i’ll deliver it to you, but we’ll also ask, though, who’s the what’s, the wise, the wares in the ones to either avoid that or make the best of that psychic medium. Betsy cohen is a za reverend in the spiritualist church of new york city, and we’re talking about readings possible futures in past lives. You can reach us on twitter using hashtag non-profit radio or call eight seven seven. For eight xero for one to zero what is spirit and and is it related to the organizational type readings that we’re talking about? Absolutely spirit is is the energy that i believe exists in everything around us. I believe what’s an intelligent force and i believe it’s what keeps things together, and i also believe that we can sort of harness spirit to create things there was this the collective energy that i said electrocute feel like it’s electrocuting me? Yes, it’s the same thing. Yes. Okay, go ahead. Yeah. And and what was the other part of the questions that were that doesn’t relate to organization it’s readings as well as individual meeting? Absolutely. Absolutely. The thing is, is that everything that’s been created and will be created first started in someone’s mind’s eye and so it’s really bringing that fourth and so that’s. What non-profits will do in a reading is they’ll wonder what they should manifest next to watch the next step should be. And so when you talk about that it’s like, well, what is the best step for you and talking about that? So here and in terms of, um, your work connecting with the dead being a medium. So first, let me say all psychics or not mediums, right? That’s, right? All right. Okay. Yeah. With that at all, be related to organizational readings like someone who’s who’s used to work for the organisation is now deceased possible. Yes, it is. I mean, it’s getting a little far out for your show, but absolutely well, just it’s a consulting a dead person for a non-profit i mean it’s definitely possible and probable, especially if that person was really good at bringing the organization to a good place leading the organization whenever they were the founder. Exactly that’s possible or or or an influential ceos ceo for decades or something. And they have a lot to say about the current course of the of the organization. No, absolute, yes, absolutely. You can also call on other famous people who were good at what you’re looking for. You can also ask them for consultations as well from that. And, you know, it’s it’s really good. Because i always say when we’re contacting the dead, it comes through their filter so you wouldn’t want to contact the ceo who led the organization into the red about money, you know, you might want teo about, you know about anything else, but you probably wouldn’t want to talk to them finances, but that’s it’s a really good point and i have have now. Now you say it’s a really good point, but two minutes ago it was it was too far afield for the show that man complete one eighty you doing for embarrass me and you say, it’s your show so i shouldn’t have made that judgment people embarrass me also, i embarrass myself. It doesn’t matter if you don’t, i will. So you may as well make your point, though that was the point is that that is that is a really good point. And and if you did want to contact someone on the other side, i do have really high standards from my mediumship. So if i’m giving a reading for anyone i really want to come up with identify irs, and i’ll explain what that is so that you know, that they’re here so things that i would have no way of knowing the way they died, what they liked with some of the personalities may be a shared memory that you had with them something like that, so that, you know, if i gave you five, identify ours, and you’re like, whoa, that’s. Definitely, you know, the last ceo, he definitely made that joke to me that something that was convincing to me in the beginning was it was conveying the personality of a deceased loved one. And then, you know, the very first reading that i had it was she was using the exact words i used the day before. And, you know, how would that person know that? We pretty much are out of time. I wantto i want to let people know that he has a show here on talking alternative, which is the power of intuition and that’s on mondays at eleven a, m here at talking alternative dot com, she has a background in social work and psychology, and has worked for a nonprofit for over ten years. Courses, i said, reverend in the spiritualist church of new york city and that’s, a corner one, thank you very much for being on the show, things going to give out my web site, new york psychic no, go ahead, new york city psychic that comets all spelled out in new york city. Psychic dot com. Thanks for coming into the studio on a friday. Thanks for having me, he’s. Been a pleasure. We’ll take a break, and when we returned, tony’s take two about naps and then board oversight basics. Stay with me. You’re listening to the talking alternative network. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics politically expressed. I am montgomery taylor, and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com are you stuck in your business or career trying to take your business to the next level, and it keeps hitting a wall? This is sam liebowitz, the conscious consultant. I will help you get to the root cause of your abundance issues and help move you forward in your life. Call me now and let’s. Create the future you dream of. Two, one, two, seven, two, one, eight, one, eight, three, that’s to one to seven to one, eight one eight three. The conscious consultant helping conscious people. Be better business people. Dahna hey, all you crazy listeners looking to boost your business? Why not advertise on talking alternative with very reasonable rates? Interested simply email at info at talking alternative dot com durney welcome back to tony martignetti non-profit radio it’s, time for tony’s, take two at roughly thirty two minutes after the hour in praise of naps. That’s, my block this week. Um, i just i love naps. You know, if naps ran for president, i would vote for them, you know, because it’s, time to rest the body and rest the mind, and i’m sure that betsy cohen would say, rest his soul or something similar. It’s, just it’s rest, you know, and midday. I know a lot of people can only do them on a weekend, but i am fortunate to have the luxury of working at home. So sometimes on a weekday, i can indulge in an app and that’s. What my block is about. Ah, little about some peoples, different idiosyncrasies around. Ah, the proper venue for your nap, you know, bed versus sofa. Or maybe a comfy chair. Cover. I make a point that having the cover that’s just the right weight is important. I have my favorite blanket when it’s folded in half. It’s the perfect it’s a hideous color but it’s a great it’s a perfect weight when it’s folded in half. Um, something else that was nufer me ah, friend mentioned sound level. I mean, i was take my naps in silence, but she likes a tv low in the background, so sound level is something i hadn’t thought off. Anyway, you have your own idiosyncrasies. I hope you get the opportunity to indulge in naps and that’s what my post is about you’ll find my blogged at attorney martignetti dot com and note that that is a different girl than previous tony martignetti dot com that’s tony’s take two for friday, february tenth the sixth show of two thousand twelve excuse me, i’m very pleased now to welcome back jean takagi and emily chan gina’s principle of neo the non-profit and exempt organizations law group in san francisco he edits the popular blogged at non-profit law blogged dot com. You’ll find him on twitter at g tak g t k emily chan is an attorney at neo-sage contributor to the non-profit law blogged and she’s on twitter at emily chan, gene and emily welcome back, durney durney pleasure to have you. We’re continuing our conversation that jean and i started last week. Sorry last month about board oversight and gene, we had we had just we’re just the point where we’re getting some lessons from the penn state and second mile scandal crisis. What, you just remind listeners what that situation was about before we get some more lessons from it? Sure, honey, i think there’s been a lot of news, and jerry sandusky, who was an assistant football coach at penn state university, was founder of a children’s charity called the second mile. Uh, has, which is a charity that served more than one hundred thousand children annually. Mr sandusky was indicted in november following that three year investigation into reported sexual assaults of young boys by sandusky, including taking a shower with a boy at the penn state’s facilities and he’s actually at a pretrial hearing today. Oh, and uh, so he continues to be in the news the second mile, the big organization against serving more than a hundred thousand kids. Annually is now really hurting very badly in and maybe looking at closing in trying to transfer its program so huge impact of this child sex abuse scandal where sandusky was was indicted again for sexual assaults over a period of about fifteen years. And and sadly, since our last conversation about this, joe paterno died, i was dragged into the into the scandal under criticism that he hadn’t done enough to to report what he had learned on he died just a couple of days after after you and i talked. Gene um, so what? We were at the point where we’re talking about just getting help for your for your charity, what kind of help might a charity need from the from the outside? Why? I think they’re different things, and emily may want to chime in on this, too, but i think the first thing is to respond to those allegations of the charity when you’re your responsibility is taking care of those children. And you got a count of somebody who’s responsible party that interacts with these kids, taking a shower with children or engaging in other inappropriate behavior on there’s a grand jury actually looking into it, you’ve got to conduct your own internal investigations, and if you don’t have that expertise in house, you’ve got to get outside help to help you and obviously having an independent invest investigation and be very, very important as, uh, sandusky was the founder and might have been seen to have had undue influence over the leadership inside the second mile charity. Having an independent investigator take a look at it on if they need it outside, help to create more policies to protect the kids. Those are all things that were paramount for that board for that leadership act on right away. Yeah, emily besides the independent investigation, are there other investigation you know of ah serious allegation like this? Are there other functions that are important for charity’s? Tto go in seek of outside help with absolutely so amazing to think that we’ve been using in the sector. Assad organizations, they’re not doing a good job with implementing an emergency plan or even having a number to see plan to begin with. And so that’s something you can certainly see pr for talking to other organizations that have had similar troubles, especially with something like the second miles, you know, we’ve seen, for example, boy scouts of america go through a long history of legal cases related to sexual abuse, maybe reaching out to those organizations or seeing what they have done can help inform what might be effective when you’re dealing with a bad situation as well and it’s not only in cases of crisis, right, emily, that board should be looking for outside help. That is such a good plane. I really think the starting point for months over and organizations related to governance begins before and even bad actually happened, and it really should be from the inside out. So at a basic level, looking at things like policies, looking at the way that you described your information to the public, all of that should be an ongoing thing that’s being monitored before anything bad even happens. And so that sounds like an audit function. Is that what you’re describing in a way? You know, i don’t want to pretend that good governance is easy, it’s, certainly something you have to work hard at, but there’s steps out leaders can take to lessen the risk of bad governance, and so then when bad things happened that they don’t become exacerbated or get out of control. So looking at policies, this has really been something that’s come up with the for my ninety, and i think many organizations have the misconception of looking at it in the frame of how do we avoid an irs audit? And they think the right way to look at it is to think about policies as faras their utility on, and it does serve an audit function, but it also just helps an organization run it better, and it helps some underst and the role better to and a lot of the policies are things that jean and i talked about, the last conversation we had on this topic, which was on the january twentieth show. All right, so now i think a very good point that it it’s you don’t wait for a crisis, right? Emily toe tio, have your have things in order, correct? And i think also to build on the conversation that you and she had last time, you know, the ninety references policies that are very common, but i think an organization also needs to look at their specific situation to determine what. Policies are useful, so for example, here with the second mile, where they’re working with children. You know, the nine, ninety doesn’t save you have policies related tio sexual abuse prevention, but for an organization that has a mission and know that this risk in this context, that maybe something that their donors and their thunders and the public want to see, even though the nine ninety doesn’t specifically asked for it on dh, that would be the role of the board teo, to recognize the need for policies that are specific to the organizations work. It absolutely should be a discussion that’s happening on the board level, jean, those nine nineties that emily is referring to those things that signed under penalty of perjury, right? Absolutely. Tony so, you know boardmember sze should be, in my opinion, although there’s some controversy about this, i think all board members should be taking a look at the form nine ninety before it gets submitted to the irs to make sure that it is representative of what the organization is doing and the organization’s values. Because it really is, in my opinion, again part of the board members fiduciary duties i know. Some people feel like, well, if the board members have to read the nine, ninety that they can increase their personal exposure to liability, if there’s something you know really wrong that’s reflected in the nine, ninety, and they didn’t act on it, and i think that’s a board members job anyway, so rather than just sort of e-giving this defensive legal counsel about, you know, making sure you’re not getting into any trouble wait really want to be proactive about it and say, you know, we’ve got to tell directors what their jobs are so that they can really manage or govern and provide proper oversight to make their organizations do their best work. You mentioned that there’s controversy around whether boardmember should review the nine, ninety is that right? Yeah. There’s a little bit, tony. So i’m what’s up. Some people say that maybe a few board members, a committee perhaps be charged with taking a look at the nine ninety on and they take on the responsibility of doing it because if you are going to be assigned that role and that is part of your responsibility, then you, you know, add to the exposure that you have if you blow it, so if for example, the nine nineties showing that you’re going insolvent, oh, and that you’ve got no policies in place to prevent things like whistleblowers, retaliation, then that may be something that a director that’s been assigned to look at the nine, ninety is going to be held accountable for and so that there may be some fear in terms of protecting individual directors from saying, well, if you’re not going to read this closely and carefully, then you shouldn’t be a find. This is a task that you must do so that’s a little bit of the controversy, i still think the whole board should read it from ah ah, liability perspective this is this is interesting is, is somebody better off not reading it? And then claiming that it wasn’t my job to see it or they better off seeing it and then having done a bad job and ignored things that were that were clearly on there? Good question, i love it when you see a good question, because i really don’t know what i’m talking about. So it’s really it’s it’s very uplifting. Thank you, it’s. Very good. Always want to give you that pat on the back undeserved, but i think you really have to take it into context of what is going on and what type of troubles have, you know, weren’t seen and weren’t acted upon before you can really make that decision of which is worse, but again, sort of being proactive, i really think boardmember should know what the nine ninety is saying because the nine ninety is the public document that everybody can see and maybe forming their opinions on and in the second mile case and in, in fact, and in the recent susan g komen case nine nineties, or what people will look like, including the media whenever the organization is sort of experiencing this, uh, media convergence on their practices and whether they’re doing good things or not. And if you’re nine nineties are not really helping reflector organizational values, and i think you have some issues and the board, the board oversight, which is what we’re talking about. I think part of that is making sure that you know what you’re saying to the public and the nine nineties there a good place to start and in mentioning common, you’re referring to what’s. Been in the news just the past week, with the controversy between the susan g komen for the cure and planned parenthood, whether coleman would fund or not planned parenthood’s activities. And they have decided not to as as a board, ah, board decision, and then and then reverse that decision just to let people know where we stand. Cause a lot of people listen to us. A podcast. A couple of months after the show, we’re going to take a break right now and when we return. More board oversight basics. Part two with jean takagi and emily chan. So stay with us. Talking alternative radio twenty four hours a day. Hi, i’m carol ward from the body mind wellness program. Listen to my show for ideas and information to help you live a healthier life in body, mind and spirit, you’ll hear from terrific guests who are experts in the areas of health, wellness and creativity. So join me every thursday at eleven a, m eastern standard time on talking alternative dot com professionals serving community dahna. This is tony martignetti aptly named host of tony martignetti non-profit radio. Big non-profit ideas for the other ninety five percent technology fund-raising compliance, social media, small and medium non-profits have needs in all these areas. My guests are expert in all these areas and mohr. Tony martignetti non-profit radio fridays one to two eastern on talking alternative broadcasting are you concerned about the future of your business for career? Would you like it all to just be better? Well, the way to do that is to better communication. And the best way to do that is training from the team at improving communications. This is larry sharp, host of the ivory tower radio program and director at improving communications. Does your office need better leadership? Customer service sales or maybe better writing are speaking skills? Could they be better at dealing with confrontation conflicts, touchy subjects all are covered here at improving communications. If you’re in the new york city area, stopped by one of our public classes or get your human resource is in touch with us. The website is improving communications, dot com that’s improving communications, dot com improve your professional environment. Be more effective, be happier. And make more money. Improving communications. That’s. The answer. Talking. If you have big ideas and an average budget tune. Tony martin. Any non-profit radio we dio i’m jonah helper, nari team in co founders of next-gen charity welcome back. We’re talking about board oversight basics with jean takagi and emily chan. Emily, you refer to something earlier. We’ll go a little more detail on policies that are specific to your organization because i think a lot of people just sort of copy things that they find on the web. Yes, they dio i would strongly advise and suggests that organizations put more thought into the policies that they’re going to adopt at their organization, then to just take something wholesale or not really put much thought into it in order to check yes on their nine, ninety on these policies really have a lot of utility. I think that for one, they said consistent standards on dh. They also deal with what you know for any person can be an awkward situation dealing with executive compensation, conflicts of interest. And so you really have to think about these policies in terms of how it’s going to be implemented at your organization and to your point earlier, not only how it’s going to implement it, but what around your work requires specifics? Absolutely. And again, going back to the conversation about the public information that’s out there today. You simply can’t unring a bell when it comes to the internet, and so every baby, they’re putting out there to the world, you have to understand that there’s, a variety of audiences, that r rating on our way to screw anything. Yeah, emily, i’m going to switch over to jean because your connection is getting very weird. It’s just. It just sounds kind of pulse e and echoey, very echoey. So, jean, i’m going to switch over to you and ask you, just what? What other types of charities i need to be sensitive about. They’re the way their work relates to the policies that they need besides working with children. I think it it’s reflected every charity, tony, for example, if you’ve got an environmental organization, you may want to decide what your investment policy is going to about excellent investment in everything and what happens when when others get ahold of what you’re investing in. So investing for social responsibility to be a very important thing. Teo, all charity. If you’re an arts organizations, for example, um, you may want to have some, you know, particular gift acceptance policies in terms of accepting different types of artwork does it really further the mission that you have your particular mission? And what about the carrying costs of having that art? And do you have to live up to donors restrictions? How do you deal with that all sorts of particular issues that an arts organization might have that a social services organization wouldn’t have with respect to a gift acceptance policy again, just taking things off off the web or just borrowing and other organizations policy and copping it, you lose all the benefit of really putting in your own particular circumstances in there and part of what’s really great about developing your own policies is the conversation around it? Because you’re going to be bringing up other issues that may not be reflected in your policy, but maybe reflected in your actual practices and how you do things, and all of those things can come up or emerged from discussions. You discussing different policy? And this is all very healthy for a board and it’s senior staff to be talking about, right? Yeah, exactly and isn’t really that what we want isn’t that type of activity we really expect from boards rather than to, you know, just sort of listen to report on dh, you know, just sort of possibly going through the motions. We really want them to be active about planning for the organizations in the future of providing proper oversight to make sure that things are in compliance right now. Ah, and protecting the charitable assets on behalf of all of our community. So too close, then this this two part topic and again listeners, uh, just to remind you that the first show was january twentieth. We’re talking about the subject. Just remind listener jean what’s, the what’s, the purpose of the board. I mean, what? What? What’s there roll around. Not their purpose, but what’s their role specifically around oversight. What do they need to be having front of mind? But, you know, general corporate law, if i can avoid jargon. All right, weren’t you a little cool? Watching there’s only two minutes left noted notice how he treads on drug in jail with only two men stuff, but i’ll still get you in there. I’ll get you in with thirty seconds, so don’t you’re not you’re not free the you know, the general corporate law provides that all corporate powers are to be exercised, buy or under the authority of the board in all activities of the organization are to be managed under the direction of the board. So really, the buck stops with the board everywhere and that’s why boards need tohave systems to provide appropriate oversight over their organization, and that goes everywhere. So not just responding to a scandal like the second mile, but just doing their missions effectively and efficiently. So that’s, really what board oversight is about, emily once said, you know, directors aren’t just simply warm bodies or in a boardroom or prestigious titles on a roster. Um, they really have to accept and live up to. The responsibilities that go with being a director and that’s the duty of karen duty of loyalty for the lawyers out there. Maybe that gets me into stargate jail, but they’ve got to think about how many boardmember said the organization often we have how often should they meet? What are their expectations? What consequences are they don’t meet their expectations. How did they review both financial and programmatic activities? And we touched on that before on the last show as well. On dh how did they review legal compliance and risk management structures? How did the assess the external environment for opportunities and threats? That’s all part of board over. Jean takagi is principal. And emily chan is an attorney at neo-sage non-profit exempt organizations law group in san francisco. You can find both of them on the blogged non-profit law. Blawg dot com emily gene, thank you very much for being on again. Thanks for having it. It’s. Always a pleasure. Thank you. Both. Next week we’re gonna look at consulting relationships from both sides with penelope cagney on her book non-profit consulting essentials. What non-profits and consultants need to know keep up with what’s coming up sign. Up for our insider email alerts, you could do it on the facebook page. You know where to find facebook and then it’s just the name of the show, please like us if you like the show listen, live our archive you’ve accomplished alive, but if you weren’t with us, right, this minute archive were on itunes. You find our itunes paige at non-profit radio dot net subscribed there. Listen, any time on the device of your choice on twitter, you can follow me the show’s hashtag is non-profit radio used that hashtag recklessly measuring treyz was our guest tweet guest live twitter this week, but something came up for her so i suspect we’re goingto have her back. Ah, in the not too distant future mazarene thankyou for live tweeting today we’ll get you back. I mean, we’ll get you back on the show, not get back at you that’s not what i meant show is sponsored by g grace and company. Really? I mean, if you have concerns about real estate, whether you are in a lease or you own real estate, you don’t know what to do with it. G grace and company corporate real estate services can help you was george grace has been advising non-profits on their real estate matters. Lease or own for over twenty five years, you really should be in touch with them. 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052: So You Wanna Start a Nonprofit & A Conversation with Darian Rodriguez Heyman – Tony Martignetti Nonprofit Radio

Tony’s guests this week:

Gene Takagi and Emily Chan of the Nonprofit & Exempt Organizations Law Group
Darian Rodriguez Heyman, former executive director of the Craigslist Foundation

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

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Welcome to the show, this is tony martignetti non-profit radio i’m your aptly named host. We’re always talking here about big non-profit ideas for the other ninety five percent reminder that this is our one year anniversary month. It was last july that we started the show. This is show number fifty two one per week, minus couple holidays, but this is our fifty second show. I hope you were with me for the fifty first show last week had the ceo as fund-raising mvp mindy dietz and karen pearl, both non-profit chief executives revealed their insights on how to motivate, engage and position your ceo to be a fund-raising m v p then it was the fine art of conversion. My guest was scott barnett, director of web communications for fairfield university, and he urged you not to be afraid of analytics because tools like google analytics can help you prevent. Sorry, help you convert website visitors into online donors and help you engage younger prospects who become donors. Last week’s interviews were from our media sponsorship of the fund-raising day conference in new york city in june. This week, we’re alive, i’m having a conversation with darian rodriguez. Heman first, we’ll talk about his book non-profit management one oh one and the nationwide social media for non-profits conferences that he hosts then. So you want to start a non-profit we welcome our new legal contributors, jean takagi and emily chan of the non-profit and exempt organizations law group in san francisco, and they’ll explain the ups and downs of starting a non-profit what are the alternatives to creating a non-profit how do you get five? Oh, one c three status and what you’re getting yourself into if you go ahead and create a non-profit between the two shows between the two segments, it’ll be tony’s take two again, this is our one year anniversary got new regular contributors to with him starting today and in august, we’ll have ah, additional contributor i’ll tell you about the first show is up for a new podcast, siri’s, that i’m hosting for the chronicle of philanthropy. It’s called fund-raising fundamentals. I’ll be up on the chronicle website every month, and i’ll say a little more about that on tony’s take two there. I’ll be interviewing experts each month to help you with your fund-raising and finally on tony’s, take two, it’ll be. You know, i’m doing stand up comedy now and have been for several months. So i’ll be weaving the comedy and this show and the chronicle of philanthropy monthly podcast altogether. I can’t help it. They all blend together and influence each other more on all of that on tony’s, take two. Right now, we take a break, and then i’ll be with with back with darian rodriguez, kayman so stay with me. You’re listening to the talking alternative network. Are you suffering from aches and pains? Has traditional medicine let you down? Are you tired of taking toxic medications, then come to the double diamond wellness center and learn how our natural methods can help you to hell? Call us now at to one to seven to one eight, one eight three that’s to one to seven to one eight one eight three or find us on the web at www dot double diamond wellness dot com way. Look forward to serving you. Is your marriage in trouble? Are you considering divorce? Hello, i’m lawrence bloom, a family law attorney in new york and new jersey. No one is happier than the day their divorce is final. My firm can help you. We take the nasty out of the divorce process and make people happy. Police crawl are said to want to nine, six four three five zero two for a free consultation. That’s lawrence h bloom two one two, nine, six, four, three five zero two. We make people happy. Xero 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 tony martignetti non-profit radio, i guess now is darien rodriguez haman he’s calling from san francisco. Darian was executive director of the craigslist foundation from two thousand four to two thousand eight. He helped conceive the non-profit boot camps that the foundation sponsored he’s, the editor of non-profit management one o one, which is published by joe sea bass he’s, also a consultant and co founder of the social media for non-profits conferences throughout the country. And i’m very glad that darrin’s work brings him to the show today. Welcome, darien. Thanks, it’s. A pleasure non-profit management one. Oh one. What does the book add to the many books that are out there for non-profit leaders? Well, i mean, i think the when i looked out there what i start with, all the books that were in the marketplace for kind of fell into one of four categories. And so, you know, you had books that were basically textbooks. They were written by and for active combat. Yes. That book at that was focused on latto. Start in on social enterprise. There’s. Also about a career. Guys, you know how to get into sectors from there. But what didn’t kill him, you know, is that there’s no fish depict some fund-raising management, but what didn’t most back-up when that really hyre spectrum but did so from a very practical kind of practice will put into work. Daria, you don’t have to talk to you for a minute or you want a headset. Funny chance i’m not going out here, big guy. So, yeah, we’ll not only echo, but we don’t have a great we’re sort of getting you in bursts i hear about. Yeah, well, i don’t know if we can help all that. Yeah, why don’t you hang up and call right back? And i’ll do a little tap dance. In the meantime, please. Okay, so darren’s book is non-profit management one o one and it is actually he’s, actually the editor of the book. Because it is thirty three essays written by some pretty popular people in their subject areas. And interestingly, it covers areas that he just touched on. But it goes much further because it gives details of how to it’s not theoretical. Darian. You back with us? Yes. This sounds better. Yeah, thank you. I was just telling the audience there. There. Are thirty three essays in the book, but go ahead, why don’t you finish explaining what it contributes? Why why you felt this was important to write, no problem, and i’m and i’m not sure what you were before, but there’s the echo again anyway. So the point is that yeah, i hear you find and if the echo is bothering you, my suggestion is just take the phone away from your ear while you’re talking, and then when you’re done talking, put the phone back because you won’t hear my insightful questions, of course, certainly. Okay, so what i was going to stay is the book is really non-profit boot camp as a book, when i was executive director, craigslist foundation, i started a program that was very successful about non-profit boot camp, and i think the reason it was so successful is that it really covered the whole spectrum of all the different issues you need to know about in order to run an effective non-profit and it did so with a very practical focus, you know, wasn’t just enough to inspire people it’s about inspiring them action? What you going to do differently tomorrow? That’s going to make you more effective and the essays in the book yeah, the book have great detail there, you know, there’s textbooks that are buying for a day there’s career, guide’s, there’s, howto started non-profit or social enterprise, and then they’re sort of issue specific books on board governance or volunteermatch judgment or individual donor efforts or online fund-raising etcetera. And what didn’t just was something that was both comprehensive and practical, something i respect and that isn’t just kind of theoretical and conceptual, but is actually in geared for implementation, you know, it’s, a field guide for people that are professional change makers on brovey yeah, and i think a field guide or manual really is a very good way to describe because i noticed that all the essays have very practical, implementable steps and you have at the end of every essay there do’s and don’ts and there’s terrific resource section at the end of each chapter, which is the each chapter is an essay, so i i see the difference there as well. So they’re just a couple that i want to focus on, and we have just about a minute and a half before our first break. One of them is your say on non-profit career’s. Taking charge of your non-profit career happens to be chapter four in the book. Um, it points out something very interesting being comment on this. The non-profit sector is so diverse, which is a terrific attribute for it. But that makes career management complex. Darian yeah. So just can you comment on the double edged sword there of the non-profit community, it being wonderfully diverse, but no definitive career path since it is so diverse? Yeah. I mean, i think that there’s, you know, diversity in two areas because there’s lots of different causes represented within the sector. There’s also different lots, lots of organizations we’ve got over a mil and a half non-profits registered in this country alone. And so, you know, yes, that is both a good thing in a bad thing, you know, it does offer tremendous diversity, it offers lots of opportunity and you know anything you can think of his representatives enough offgrid in mental job, but at the same time, you have to be using a array of options other professionally. So i think that bill, the most important thing, kind of key to success at this fight i’m sorry dahna is really about, you know, a combination of two things. Do what you love, what’s your bet. And so really the question is, what are the what’s? The answer, those two questions, and that is and you know that russian life and that’s what we really should spend our time and energy thinking about not only on a nice body basis, but i’m an ongoing basis and the clearest that we have professionals get of. What are the causes that i most care about that make packed what are what kind of organizational environment and culture and for what kind of role want to? I want to be in a wreck, prevent upleaf or focused on development and fundrasing or, you know something on the market fighter program to look in the rear of the ant, get all of those questions, the more you’re able tto sort of, you know, put your desires out, you know, to the folks that you meet and the books that you served. My guest is darien rodriguez haman, and we’re talking about his the book that he edited non-profit management one oh one, we’re gonna take a break now, please stay with us e-giving didn’t think the shooting getting ding, ding, ding, ding cubine you’re listening to the talking alternate network e-giving no. Dahna good 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 backs to one to seven to one eight one eight three. The conscious consultant helping conscious people be better business people. Oppcoll are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics. Politically expressed buy-in, montgomery, taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com looking to meet mr and mrs wright, but still haven’t found the one. Want to make your car relationship as fulfilling as possible? Then please join us, starting monday, may second at ten am for love in the morning with morning alison as a professional matchmaker, i’ve seen it all. Please tune in and call as we discuss dating relationship and more. Start your week off with love in the morning with marnie alison on talking alternative dot com. Talking alternative radio twenty four hours a day. Welcome back, come with darian rodriguez kayman we’re talking about his book non-profit management one oh one and we’re focusing on one of the thirty three essays in the book titled taking charge of your non-profit career out darian the the end of that chapter has networking, do’s and don’ts, but one of the one of the best networking tips i thought came from a mihdhar, the founder of idealist who wrote your forward and he said that he listed seven or ten things that he had learned in the past fifteen years in his forward, and one of them was, too treat people the way you’d like to be treated. I mean, isn’t that great networking advice? Yeah, i mean, i think that that’s a big part of now bombing has built up, you know, not only cecil career, but the organization would idealware bigot about a million people a month going to that website tto learn about all things not-for-profits idealist dot order, but, you know, for me i’ve seen this across several careers and different sectors is did extent a zoho helpful person that is genuinely concerned with the efforts advancing the success of the o z. From the contact it comes back, you know, a million nationally, so for me and, you know, basically any time on meeting with anybody at some point in the conversation, if even if i don’t say that word, i essentially asked the question, how can i help bond? You know, whether that’s just connecting them to re sources or yourself getting infections, being among them, you know, it’s, like books, conferences or what have you, you know, i think that the important thing to remember is that each and every one of the you know, of the non-profit country has the same owner, which is the public it’s, not the border, the executive director bye definite means to be a non-profit is that we’re publicly and our boardmember zehr just ensuring a public interest that’s why they’re trustees. So, you know, we are genuinely all in this together and it’s really crucial that we support each other’s work further that every one of us on i just think that some of the best networking advice that that you can you can find, yeah, i should actually mention that tommy denoting the social media for non-profits he’s going kicking and often it dork yeah, and we’re going to talk shortly. We’re going talk shortly about that about that series of conferences throughout the country and army has been a guest on this show that s a also makes the point of talking about a sustainable career where you’re, you know, you’re with the right organization are always learning and way always hear about sustainability for non-profits but i never thought of a sustainable career. Good? Yeah, i mean, i think so, too things. Well, first of all, i do want to just kind of point out that even though it’s the most romantic cities in court but these are not really tested their chapters because what you’ll see is to read the book there’s, a common chapter format s so i created a structure so that each chapter would yet have an introduction and a conclusion. But most importantly have, you know, the main section focused on critical skills confidences as well as that sidebar, do’s and don’ts that kind of pull out this salient points than us back that you mentioned, and then there’s also a resource review read chapter so it’s not because they’re just sort of, you know wandering as all in different formats on bitten by different experts, they are of the chapters are all contributed by different experts there’s fifty experts in thirty five different after inspections. But anyway, i wanted to make that because i think it’s important for the readability of the use of looking that died the back to your point about professional sustainability, what i would say is that, you know, i think two things because i also do a lot of environmental where you environment murcott duitz and i think first off sustainability has been even the words that we want to think about much maybe dr, right? Like, how many people would be a sustainable relationship, meaning that it can just keep going it’s not enough to just be able to keep the light, be enjoying what you’re doing, and that ultimately is the key to the ability of the key to being able to continue on. And so i think that as him into earlier such a diverse sector there’s so many opportunities that, you know, challenge happy and so you’re not break the work you’re doing, whether it’s that you’re not passionate about the cause or that you don’t like the people you work with role that you’re in, then you really owe it to the cause into the community to get fashion and whether that trying to wreck himself some things with, you know, the organization you’re working with or, you know, identifying and new places to go work and on put your skills to bear at a organization, what do you know if you can really do your best work? Yeah, the the authors make the point of always reflecting on whatever dissatisfaction you might have, you might be feeling and you’re and that’s that’s exactly what you’re talking to just, you know, this introspection and thinking about whether you’re happy and if not, howto latto make that change so that you can be happier. The other chapter i’d like to talk about is is called online peer-to-peer fund-raising i think that social media is something that non-profits struggle with. In fact, we had a poll for listeners to the show, and one of the question was what’s the your non-profits relationship with social media sites like facebook, twitter, youtube linked in and no one said we get it and we’re good at it and then the answers were pretty much between. You know, we see the value but aren’t getting the most out of it, and even a small percentage, you know, we don’t see the value, but i think, importantly, nobody said we understand it, and we’re good at social media. So the chapter is online peer-to-peer fund-raising it’s all about using social networks to engage your donors, to become fundraisers and engaging sort of friends to become donors. Darrien you have a lot of experience in social networks, these requires support right non-profit can’t just put up a facebook page. Well, actually, you know the non-profit can put up a facebook page just like anybody can, but the important thing to remember is when i called the store phenomenon because what you’re you’re better off not launching a facebook presence, they’re launching one and ignoring and letting it go stale. So what you don’t want to do is have a summer intern, and this happens all the time you’ve got, you know, a young volunteer or summer intern or something like that says, hey, i’m going to set up a facebook presents they put up a page for you and they, you know, maybe do one or two updates in and they go back home or they’re done volunteering or whatever the case may be, and the organization has no plan of how it’s going to keep that page fresh and lively. And so therefore all of a sudden, after couple posted just goes stale and it sits there, and it almost reflects more poorly on the organization and if you wouldn’t have launched a presence there to begin with. So the key is that, although yes, anyone can set up a paige if you’re going to send a social media presence on twitter, facebook, youtube or else where you want to make sure that you have a plan in place with resource, is that air dependable toe actually continue to put content up there, and i should tell listeners we are live today in the if you want to call and talk to darian, you can call eight seven seven four daito for one two oh eight, seven, seven for a tow for one to zero during they talk about leveraging pompel the personal social networks and there’s something very interesting about is a quote from a an executive director who thinks of his employee’s personal use of of social networks in the workplace as the twenty first century cigarette break. What do you think of that? I love that i love that comment by nicki noble who’s, one of the two office of that chapter uh, she actually used to work at the salvation army. What about e-giving? So it wasn’t a small, you know, organization with a lot of flexibility that was hurt looking policies in a very large, well established organization. And i think, you know, this is kind of vindictive of social media in general, which is, you know, one of the concerns a lot of organizations have is lovely. What if it gets out of control what people say things we don’t want them to say, etcetera and it’s kind of the better the devil, you know, than the one you don’t type thing where, you know, control is an illusion to begin with only more so now that we live in this world of social media and so you know, people are going to be doing this anyway, the idea is instead of trying to bend folks from doing stuff they want to dio, how can you rent us that and turn it into an asset for the organization? So whether that’s creating guidelines so that they have a sense of what’s appropriate and what’s not to be posting, you know, helping seat topics, etcetera on then actually encouraging them to, you know, take a couple minutes out of their daito put up, you know, a tweet on twitter or to put a facebook, etcetera, and that can actually be a good thing, and i think that what a lot of folks don’t realize is that you know, people don’t know how many people have logged into facebook in the last month, and the answer is about seven hundred million, so that makes facebook the third largest country on the planet, and you don’t have to have a presence there, but you can’t ignore it. You can’t ignore social media and the fundamental paradigm shift that represents to this bottom ofthe world. So how can you embrace that it with radical transparency and really get ahead of the curve? The authors of chapter twenty two make it explicit that the quid pro quo in that office was that the organization would be lenient with their employees, use of social media as well. A cz long as the employees were tweeting, posting facebooking about the organizations work to their own personal networks that there was a great exchange hyre we have just a couple minutes left, so let me just remind listeners that darrin’s book is non-profit management one o one, and you’ll find that at non-profits one o one dot or ge darian also is founder of the social media for non-profits conferences these aeryn seven different cities throughout the country this year. Darian what? What is sort of asked the same question asked about your book, what is this unconference siri’s contributing to the many conferences that are already out there for? Non-profits so then i mean, i think i like seeing you see, through all of my birth, the focus is on crack tips and tools, and so what you could clear, you know, there’s three chapters in the book focused on social media one my best cantor was amazing, the we talked that one from nikki noble and sean sullivan a peer-to-peer giving and then the folks it for good contributed the online fund-raising chapter and so, you know, even though there were three chapters out of thirty, thirty five submissions that that focused on media, which is quite a lot given, you know, the the significance of the issue, what became fear is now is that people were really creating more information about this topic and kind of like fund-raising where the thing people know they need and so we got a lot of books asking us to put on educational programming around social media and in particular, strategies fundrasing marketing and advocacy on so what we did is we leveraged a lot of the network i had for my work to craigslist foundation with the non-profit boot camps and some of the author’s for the book, actually, and we got folks like that cancer and geico sake and ami dar and the folks of charity water and a lot of the leaders in the social media field, and i wouldn’t call them experts because, you know, the field is changing so quickly that if anybody pretends to be an expert, you know, they’re lying or they have a big ego because it’s, you know, it’s, impossible to be an expert world students in world practitioner so how can we share our lessons learned with our fellow non-profit leaders so that they could be more effective in this funnel and landscape which maximizing their online presence so as you mentioned, were doing nine events across seven cities? Can francisco, los angeles, seattle, chicago, new york and washington d c in atlanta and we’re heading to new york next thursday on august fourth, and then from there to los angeles on august twenty seconds on, folks could learn more social media for non-profits dartboard, so social media and number four non-profits dot org’s and you’ve. You’ve hosted two so far in san francisco and washington daring we have just about a minute left before we have to go. How did those two go? They were gonna pompel they were both totally sold down, folks absolutely loved them. We had ninety plus an approval ratings on again this focus, i’m not just inspiring people, but inspiring them to action and equipping and more effective and efficient after work they’re already trying to do has been really successful, so we’re on track new york next week, and we’re very excited about how the, how the serious has been resonating with non-profit all right, i wish you luck with it, and especially on the new york city one on august fourth, again, to remind you that there’s more information at social media, the number four non-profits dot org’s darien rodriguez heman is the editor of non-profit management, one o one and founder of these social media for non-profits conferences darien, thanks very much for being a guest. Thank you for having me been a pleasure. Thank you. We’re going to take a break, and when we return, it’ll be tony’s. Take two and then welcoming our new experts in law, gene takagi and emily chan. After that, so stay with me. You’re listening to the talking alternative network. Are you feeling overwhelmed in the current chaos of our changing times? A deeper understanding of authentic astrology can uncover solutions in every area of life. After all, metaphysics is just quantum physics. Politically expressed buy-in, montgomery, taylor and i offer lectures, seminars and private consultations. For more information, contact me at monte m o nt y at r l j media. Dot com 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 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 in-kind welcome back to the show, as i said earlier, this is our one year anniversary month, this is show number fifty two and i want to send a special thank you to people who have been listening who are listening, whether you’re listening live or you’re listening to the podcast from itunes very grateful i’m very grateful to all the listeners we have on this show at this one year anniversary month and also to the four hundred thirty plus people who are facebook fans and they get our stream on facebook. Thankyou. So to sort of celebrate, we have new regular contributors toe ad tio scott, keg alors monthly technology for non-profits segments and jean takagi and emily chan is going to be joining me very shortly, and then we also are going to be welcoming maria simple in august she’s the prospect find er she’s, a popular speaker and consultant, and she’ll have regular prospect research advice for your non-profit her first show is august twelfth. I started last week a monthly podcast interview show for the chronicle of philanthropy. It’s called fund-raising fundamentals we kicked off with gayle perry gale has been a guest on this show. She’s, the author of fired-up fund-raising turned board passion into action. I think she was an excellent first choice, teo inaugurate that fund-raising fundamentals monthly show for the chronicle of philanthropy and details for listening and subscribing to that show are on my blogged, which is m p g a devi dot com and i’ve been doing stand up comedy, and i’m having trouble keeping that separate from my work on this show and the fund-raising fundamentals for the chronicle and my speaking and keynoting. So if you notice something a little different, it’s it’s probably my stand up comedy influencing things, so keep listening because there’s change is coming. That’s tony’s take two for friday, july twenty ninth, and i’m really pleased now to welcome jean takagi and emily chan as our new regular legal contributors, jean is a principle of neo ennio, the non-profit and exempt organizations law group in san francisco, he edits to popular non-profit law block, which you’ll find at non-profit law blawg dot com emily chan is an attorney at the non-profit and exempt organizations law group. They’re based in san francisco, and she is a principal contributor to the non-profit law block, jean and emily big. Welcome to the show. Three. Thank you so much, tony. We’re thrilled to be a part of non-profit radio. It’s called very glad to have you. So i think we’re starting with a fit topic. So you want to start a non-profit. I know your office gets calls on this subject, people who are passionate about a cause and want to do something. I want to start a non-profit and what’s the first advice that you give them in thinking about that. This is family, i think, a threshold questions that we do ask for when they call it really why? Non-profit so there are individual, better, very past about fun, but sometimes that translates into also happy that would be too private evidence as a few of the public in addition to that it’s important to think about the plan who’s going to be on the board, what is the business going to look like? And funding as well? The costs involved with the initial startup and the ongoing operations? We also like to find out what’s going on with the mission and the core activities and anticipating any kind of challenges, like a conflict of interest compensation issues and thinking about who else is going to be involved in helping to run this organization. So emily that’s a ton of stuff to be thinking about, and in your experience, do you find these air, these air, new things that people haven’t have not thought through? Is that? Is that the case? Usually i think so in many cases, because sometimes that passin for the cause overtakes the practical considerations. Additionally, i think sometimes are unaware how much the law and it’s pettus upon these problems, for example, recently with the irs, there was this issue of a list of two hundred and seventy five thousand organizations have had their past six status revoked for failing to file an annual returns with three years straight. This was a change in the law that happened in two thousand six, and many small organizations simply didn’t know about it. So kind of thinking in advance. You know what air the practical things we need to do and be aware of? What are the kind of mechanical steps involved? Well, the challenges we’re going to face, sometimes things that take a backseat to that initial passion and excitement about having starting in non-profits yeah, they were definitely ongoing compliance requirements and your example, is a great one of almost three hundred thousand non-profits that weren’t complying with filing requirements with the irs, jean, what about some alternatives? There are other things that might achieve the same objective that the person has but would be a lot less onerous for them. Absolutely, tony think one of the things one of the messages that emily brought forward was that good intentions aren’t enough there’s a lot. Of administration and fund-raising involved in starting your your own non-profits i’m sure all the listeners know the alternatives that they might want to think about first is working with an existing non-profit organization, there are nearly two million non-profits out there even after the nearly three hundred thousand that were revoked with tax income status, and there are a lot of great non-profits out there doing great work and just simply to duplicate their work, i may not be the most effective and efficient way to use charitable assets, so working with existing organizations is one way another is called fiscal sponsorship, which is similar to working with another organization, but it allows you to become a project of theirs with a right to spin off. Should you later decide to form your own five o one the three on dh that’s a great way to incubate a new non-profit project see if it works, see if he can raise funds they’re going to take care of you administrated been back office ends on dh then should you become a viable ongoing concerned, then you khun later spin off and you’ve got all the benefit of learning from that. Physical sponsorship. Arrange jean notice. Ah, jean quickly defined fiscal sponsorship because i wanted to keep himself out of jargon jail. So, congratulations. You. No, no, no sentence in jargon jail, at least not for the phrase fiscal sponsorship. We’ll see what comes up. But what types of organizations would a person approach to look for a fiscal sponsor? There’s a community foundations that offer physical sponsorship, so that might be the first place to look. But there’s, also a great website called the fiscal sponsorship directory and that’s, a national directory of fiscal sponsors all over the country, and you can choose your state location to see who’s offering physical sponsorship in your area. Another great thing to look at is the national network of physical sponsors website. They provide guidelines as to what would be on appropriate form were effective form a physical sponsorship, because while there many ways to do it right, there are also many, many ways to do it wrong. Okay, excellent resource is thank you, thank you for that gene. We had a couple of poll questions for the show, and one of them was for those thinking of starting a non-profit are you aware of the alternatives that can help you reach the same goals? And no one said yes, but i want to start my own non-profit hyre a few people said yes, and i’m considering them. Most people said no, i’m not aware of the alternative, so i think this is very worthwhile discussion that was yeah, two thirds no. Sorry, about eighty five percent of people said no, not aware of the alternatives and the alternatives gene could be just as easy as giving right giving to an organization absolutely right, buddy that’s a great point that he simply wanted to contribute at your funds and volunteering another organization that may be the best thing to do instead of farming your own non-profit and having all of the administrative and filing obligations that go along with that. But of course we’re talking about ego to write. If you don’t have your own organization and you become sponsored by another, maybe a community foundation, then you have to sort of play by their rules and for some people, maybe that just doesn’t work. You get sort of ego lorts issues at all in the in these conversations, absolutely, and emily may want to jump in, but definitely there a lot of people who want to form non-profits that really have good intentions about the public, but almost as important as those good intentions is their own intentions of creating a job for themselves or creating opportunities for their family, or maybe creating opportunities for related business? No, andi okay, so we’re talking about jobs for themselves and their families. Now. Now we get into those things emily talked about, like conflicts of interest and excessive compensation rules. What about the donor advised fund has a way of as another one of the alternatives as a way of giving to a charity that does work very similar to what you want to do. How does it donor-centric for that? They would really like emily. Emily, could you speak a little louder, please? Yeah. It’s much, but yeah. Please. That’s better. Thanks. So, what donorsearch vice fund that the individual would i talked to? Was sponsoring organizations such as the public charity or a private foundation on dh set up this fund that is going to be designated by their own name and they have advisory privileges so they can advise the organization how they would like to see those funds distributed. It would be the organization, depression, how they ultimately do that. Generally, this relationship works well, because organizations aren’t goingto have individuals. These donors advice sons if they don’t take those at recommendations and advisory privileges with some weight. Okay, so, again, there’s a little ego issue there because the charity gets the final word. But in most cases, charity is wants to work with the donor, right? Right. And the donor gets to have a little bit of their egos stroked as well, because they feel like they have more say and input after what happened to these funds as opposed tio, you’re normal donations, that organization can decide where they put it within their programs and in furthering their exempt labbate and gina want to go back to something that you said just in a minute we have before a break, working with an existing charity. I mean, you might be able to just achieve what you’d like to do by volunteering. No, absolutely, if you if you have a passion about the mission, you could just volunteer for the organization. If you have a leadership goal in mind, you may be able to offer to that organization that you can raise some funds and bring it into launch a program within that organization, and they may be very happy to let you do that. If you’ve got a little bit of a working relationship with them, we’re going to take a break now with jean takagi and emily chan when we returned. You know, it’s? Not that we’re tryingto talk you out of starting a nonprofit, but jean and emily just want you to be fully informed. So when we return, we’ll talk about what the process of creating a non-profit is all about. So please stay with us. E-giving didn’t think dick tooting getting thinking thing. You’re listening to the talking alternate network. E-giving things. Good. Looking to meet mr and mrs wright, but still haven’t found the one i want to make your car relationship as fulfilling as possible. Then please join us, starting monday, may second at ten am for love in the morning with morning alison as a professional matchmaker, i’ve seen it all. Please tune in and call as we discuss dating relationship and more. Start your week off with love in the morning with marnie alison on talking alternative dot com. Talking alternative radio 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 do you want to enhance your company’s web presence with an eye catching and unique website design? Would you like to incorporate professional video marketing mobile marketing into your organization’s marketing campaign? Mission one on one media offers a unique marketing experience that will set you apart from your competitors, magnify your brand exposure and enhance your current marketing efforts. Their services include video production and editing, web design, graphic design photography, social media management and now introducing mobile marketing. Their motto is. We do whatever it takes to make our clients happy. Contact them today. Admission one one media dot com talking. Bonem 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. Yeah, welcome back on with jean takagi and emily chan, both of the non-profit and exempt organizations law group in san francisco. So, after that last segment now, hopefully, if we issued the same poll, are you aware of alternatives that can help you reach the same goal as your desire to create a non-profit? Hopefully, some of you would now say, yes, i am aware, emily, what about the process for starting a non-profit somebody decides the alternatives don’t really suit them. They do want to go ahead despite all your counseling, what is the first step to creating a non-profit? Emily, i won’t have to be in there. Increase on. Emily, can i ask you to please remember to speak? Speak a little louder. Sorry. I’m getting a little bit of an echo on buy-in trying. Teo pulled the head that strategically here? Yeah, yeah, we hear you. Ok. Ok, great. So there are quite a few mechanical steps involved. And this is assuming that the individual has already thought about those important discussion points that we raised in the beginning. So these kind of steps can include taking out the name of the corporation, filing the articles. Of incorporation if it’s incorporating the state obtaining a federal employer identification numbers, then you’ll want to appoint the board of directors. Drop the by-laws important policies, such a conflict of interest policy. I have your first board meeting to adopt those government documents, then you may need to file with state, especially if this is a public charity for your trip napor stations file any other state filings, like a statement of information, then we’re going to move over now the federal level of applying for tax exemption and in california after that, you can attach your determination letter from the irs if you obtain it and file for your state tax exemption, so this generally can be described in ten steps just did. But, you know, there’s a lot of thinking that goes along the way and it’s a process that you don’t really want to start unless you’ve thought it through because you may get your tax exempt application and realize, oh, no, our mission doesn’t really fit with the exempt purpose that we’re applying for. So they are mechanical steps, but they still need to be thought about as you go through them. Okay, so that’s a ton of stuff, let’s, let’s, break it down a bit. So there were state requirements, and there were also some federal requirements. So starting with the state that i mean, you have tio incorporate in a state, right you’re you’re you’re not-for-profits corporation offgrid yes, and so there’s everything that goes along with being a corporation, those things that you mentioned, you have to appoint the board, et cetera back-up that’s all important in in order to avoid things like potential personal liability of the members if they operate is an unincorporated association, which is a possibility on dh, usually a practical possibility if it’s a very small non-profit going to operate for a limited period of time for most non-profits that tony, i think it’s important to think about inc if they’re going to be an ongoing okay, let’s, you’re treading very close to jog in jail with unincorporated association. What does that mean? It basically means you’re running as a group without filing any articles of incorporation with the secretary of state of your state. So what? What that usually means is just like in the for-profit world, tony, if you start a business and you don’t incorporate their operating is a sole proprietor or possibly the partnership trying to avoid jargon jail again, but it’s running without the formal legal entity around it to protect you from personal liability of the members and of the director’s. Yeah, and that’s and that’s. Really? Your concern is that there is the potential for personal liability if something goes wrong our what kinds of things could somebody end up being personally liable for if they’re if they’re not incorporated and they’re working as a association? Sure, what went one of the big things that you could be a lot before you hold an event and somebody gets hurt? It’s your event there is no formal entity to do like a corporation they may just decide to do. All of the members are all of the directors of that unincorporated association. In many states, they’re not protected against those lawsuits and they’ll have to defend them with their their own personal funds. Emily let’s, let’s, go back now. So we talk about the state requirements, you know, incorporating and everything that goes along with inc like you mentioned. But then there’s there’s an irs requirement to get that tax exempt. Status that five o one c three on dh we pulled the listeners and about half we’re not aware a little more than half we’re not aware of how to get five o one c three status. So first emily, why don’t you tell us what that is? Why it’s important? A five one seat status refers to dissection in the internal revenue code that gives the tax exemption for organizations public charities in order to get that discriminate. Then the organizations to file was called a form ten twenty three on dh this can be quite scary for individuals to look at it it’s quite long and asked for a lot of information is going to ask for a financial projections, the contemplated activities of the organisation, any kind of relationship that would trigger these conflict of interest issues there, you know, it’s, excessive compensation issues um, and then just general information about the organization wants an organization submits that ten, twenty three applications, the irs can take quite a while to get a determination back. It may be about three to four months assuming that the irs does not have additional questions sometimes if the application doesn’t really answer the questions fully or seems to raise some concerns that show that maybe this organization doesn’t really fit with five, twenty three, they may come back with more questions, and then you’re going to end up in the back and forth for her, who knows how long until they give you a determination of either obtaining tax exempt status or being rejected. And one of the big advantages to getting that recognition is that donors to your organization will earn a charitable income tax deduction when they give to your organization and they and they won’t before you have that status, right? Can you repeat that? Just that one of the big advantages of getting that five o one c three statuses donors earn a charitable income tax deduction? No, and they don’t have that if you’re not five o one c three recognized, right? Yeah. And, you know, a big area of your expertise, you know, that’s important organizations to realize, too in that pending time, val, the application has been filed, but they haven’t yet heard from the irs that they don’t actually have five o one c three status, even though if you file it within twenty seven months of being formed. It will go back to your formation, but until you know you can’t go out there and say, i’m a five, twenty three organization because you really don’t know yet. Excellent, we have to leave it there. Jean takagi is principal of neo, the non-profit exempt organizations law group in san francisco, and he edits that very popular blawg non-profit law blogger and emily chan is an attorney. Neo-sage she’s, principal contributor to the law block. Emily jean. Welcome to the show. Look forward, having you back next month, thanks so much for being on. Next week, it’s wild woman and fund-raising consultant mazarene treyz she joins me from texas to talk about her book, the wild woman’s guide to fund-raising i think we’re gonna have some fun with that. You can keep up with what’s coming up mazarene and everybody after her. By signing up for our insider email alerts on the facebook page, you go to facebook and then the name of this show, and while you’re there, click like become fan of the show, get our stream teo of information from facebook. You can always listen from itunes and subscribe at itunes so that you can listen anytime on your computer or your tablet or your smartphone. Our itunes page you’ll find at non-profit radio dot net. Our creative producer is claire meyerhoff line producer and the owner of talking alternative broadcasting is sam liebowitz, and our social media is by the expert regina walton of organic social media. This is tony martignetti non-profit radio. 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