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Here's an interesting set of thoughts from Dr. Eugene Fram who discusses nonprofit board roles "beyond the by-laws". I'm interesting in learning your takeaways. Also, as another thought, I propose that what's not contained in a board's by-laws might be contained in the board's governing policies. John Carver proposes that such policies be divided into those that are focused on mission (mission, purpose and values and strategic direction); those that are specific to the board; those that are the board's & exec's; and those that are the exec's. This is an acceptable framing in terms of pretty much convering indeed what is not in the by-laws and the process for deriving these ensures at least during the development stage, some consciousness of roles. The one exception I would pose to singularly using Carver's construct is his insistence on the limitations as the definers. I think these policies can be framed in the positive, for the most part.

Anyway, here's Dr. Fram's thoughts.

Beyond the Bylaws: A Clarification of Nonprofit Board Responsibilities

By: Eugene Fram

A nonprofit director’s duties may be much more difficult than those of a for-profit board member. Both types of directors have the same basic duties: fiduciary responsibilities; establishing, with staff input, mission vision and values; setting policies/strategies; over-viewing outcomes/impacts and conducting annual meetings.

I suggest nonprofit directors may not be fully addressing some duties specified in the bylaws and some which are culturally driven. This latter group might be called “latent duties.”

•Fundraising: Nonprofit bylaws can list fundraising as a board duty, but its execution is often left to the CEO and/or a development director. In a recent survey, 76% of 1,341 Nonprofit CEOs gave their boards academic grades of “C,” “D’ or “F’ for their fundraising efforts.* Depending on its status in the bylaws, fundraising can be an overt duty or a latent one. No matter which form it takes, in my opinion, fundraising has to be a partnership between the board and the CEO.

•Legal Requirements: Nonprofit directors have a set of legal requirements not incumbent on for-profit directors.
A nonprofit board is required to participate in development or review the IRS 990 form in detail before it is submitted each year. Nonprofit directors have more specific state regulation to which to adhere. In California for example, “ …a charity may sometimes be required to file a 990 with the Attorney General, even when there is no requirement that a 990 be filed with the IRS.” **

Additionally, I personally find it difficult to understand how so few nonprofit directors and managers are aware of IRS Intermediate Sanctions Act, related to excess benefits transactions. (Section 4958 – IRS Code). If directors or managers provide an excess benefit to themselves, an employee or even a volunteer, they can incur serious personal tax penalties!! Excess benefits might include providing above market salaries, selling something to a volunteer below market value.

•Board-Staff Relationships: As I have noted in other posts, most nonprofit organizations are relatively “flat organizations” and structurally the staff may only be one of two levels below the board. As a result, nonprofit staffs becomes well attuned to the actions of the board and the frequent rotations of board personnel. They know that these changes can have significant impacts on their work. In addition, unlike for-profit directors, they are well aware that board members rotate frequently, leaving the staff vulnerable to new influential directors wanting to make rapid emotionally charged changes.

As an example of what can happen, a friend reported that two new board members succeeded in initiating a board mandated bureaucratic Management by Objectives Program into a nonprofit’s operations. This resulted in staff spending hours completing and reviewing MBO forms, resulting in a disgruntled staff and a reduction in productivity.

To meet the requirements of this latent responsibility, boards need to seek greater contact with staffs at staff celebrations of success, on board-staff committees and at other appropriate occasions. This is a trust building requirement. Board members need to be aware, however, that these contacts can open the door to some staff making “end-runs” around management when a staff member is dissatisfied with a management decision. This problem can simply come with the territory in fulfilling this latent board duty. As a contingency, boards need to have a policy in a place for addressing the issue.

•Who Does The Board Represent? Nonprofit boards legally represent a community, professional or trade association. This allows them to function with tax-free status and acquire other benefits. Some directors can mistakenly assume their jobs are to represent the interests of the staff, not the groups that established the organization. In this instance, they misperceive a responsibility that does not exist.

Example: The field of “talk therapy” has been economically disrupted by the increased use of treatment via medications. The board of a nonprofit counseling organization attempted to keep the organization viable as client levels significantly declined because the board felt that the staff and board were part of a “family,” as one director described the board culture. The board finally closed the agency and transferred remaining staff and clients to a more economically viable agency.

I suggest nonprofit boards periodically need to review duties specified by the bylaws as well as current law to make certain they are in compliance. Gaps can arise because the bylaw duties are ignored or delegated. In addition boards need to be alert to latent duties, not readily overt, such as generating appropriate staff relationships.

* “Nonprofit Governance Index 2012, Data Report #1: CEO Survey of BoardSource Members.” BoardSource, Washington D.C.
**Kamla D. Harris (2008) “The New 990 and It’s Relationship to California Law,” Office of the Attorney General, State of California, Department of Justice.

A social impact bond WAVE is building. Both sides of the political aisle are exploring.  It's all about pay-for-performance funding.  Like them or not, nonprofits need to surf this billion$ experiment. http://onforb.es/1lRmStP

Which of the following tool (s) has the best prospect of making your board meeting THE EVENT of the month or quarter or whatever:

*consent agenda
*planning and choreography (including food)

*actionable agenda items

board-driven conversations

*nonve of the above

*all of the above

I believe if you checked "all of the above" you would be correct. Each of these activities can contribute to making happier and productive board meetings. Without these activities: less happier and productive meetings. Really! Try them out and let me know what if any works for you.

FISH OF GREATER NEW HAVEN, INC. – JOB POSTING
for public dissemination
July 23, 2014

Position:  Executive Director

Overview: 

FISH of Greater New Haven, Inc., is seeking a self-motivated, highly organized, and ambitious Executive Director (ED).  The ED will administer and, in most cases, actively carry out operations of the organization, including program services, finances, development and fundraising, and public relations and communications.  The ED will oversee an extensive corps of volunteers and work closely with an active Board of Directors (BOD).

FISH of Greater New Haven is a 501(c)(3) nonprofit food pantry, delivering groceries and foodstuffs to low- and no-income households in New Haven, Connecticut.  FISH is the only food pantry in the area that delivers directly to clients’ doors and is staffed almost entirely by volunteers.  Additional information can be found at www.fishgnh.org.

Responsibilities:

Program Services: Coordinate acquisition of groceries and foodstuffs via Conn. Food Bank, local vendors, and food drives.  Coordinate packing and delivery of groceries, including determination of proper foods to be included.  Coordinate and supervise volunteers.  Maintain proper records and data on all clients for the purposes of both Quality Assurance and reporting. Prepare regular reports based on these records to deliver to the BOD. 

Finances:  Keep clear and well-organized records of all cash and in-kind revenue and expenses.  Work with BOD Treasurer to affect proper accounting, including a projected and year-to-date budget, updated monthly.  Administer all facilities-, utilities-, and service-related accounts. 

Development & Fundraising: Develop a clear plan-of-action for revenue, annually. Administer, manage, and execute all grant applications and grant reports. Organize and execute regular fundraising efforts and events (with BOD assistance). Solicit and cultivate relationships with individual donors (with BOD assistance). 

Public Relations & Communications: Administer and oversee production of quarterly newsletter/e-newsletter (with BOD assistance).  Communicate with the FISH network of volunteers, donors, etc., via social media, email, direct mail, and telephone, including maintenance of a network database.  Cultivate relationships with community partners (e.g., service organizations and religious congregations) and sister-organizations (e.g., Community Soup Kitchen, Loaves and Fishes). Represent FISH in the City’s Food Policy Council.  Conduct regular community outreach efforts (with BOD assistance) via speaking engagements, etc.

Qualifications: 

Bachelor’s degree plus at least 3 years of relevant experience in a nonprofit and/or human services setting.  Master’s degree in social services, social work, nutrition/health, public administration/policy or other related field preferred. 

Must possess excellent organizational skills.  Must possess strong communication skills, both written and verbal, including interpersonal skills and a basic knowledge of client and donor confidentiality and privacy practices.  Must be able to work both individually and collaboratively, as well as in a managerial capacity.  Experience overseeing volunteers and knowledge of nutritional standards are pluses.  Must possess excellent computer skills, including Microsoft Office suite, Adobe suite, web-based reporting programs, file management, social media, and mass-email communications.  Past experience working with low- or no-income households and/or food assistance is a plus.  Spanish proficiency is preferred.  Must have a valid Connecticut driver’s license.

Supervisory Relationships:  Reports to the Board of Directors.  Supervises all volunteers.

Salary Range:  $45,000 - $60,000 (commensurate with experience)

Schedule: 40 hours per week, regularly scheduled (TBD); occasional nights and weekends.

Application: Please submit a cover letter, résumé, and three references via email to Patrick Pearson (ppearson@fishofgreaternewhaven.org).

FISH of Greater New Haven, Inc., is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, gender, national origin, ancestry, age, marital status, sexual orientation, disability, or unfavorable discharge from military service.

An editorial in today's New York Times discussed state and federal government crackdowns on private for-profit colleges and in particular, Corinthian College.

In the editorial, the paper notes:

Last year, the California attorney general, Kamala Harris, sued Corinthian, charging that it had lied to students and investors about job placement rates for its graduates. The company advertised job placement rates as high as 100 percent for certain programs, when, in some cases, there was no evidence that even a single student had secured a job within the prescribed period of time, according to the lawsuit, which is still pending. Furthermore, it charged that Corinthian deliberately singled out low-income single parents who lived near the poverty line, urging recruiters to focus on “isolated” people who had “low self-esteem.” It also asserted that the company advertised programs that it did not offer.

What I miss most from this editorial: what's the difference between these for-profits and their nonprofit and public sector counterparts. I think the difference important as a lesson for the future. That difference, two actually, is that nonprofit and public sector governance and ownership. Nonprofits and public sector colleges have for their oversight and direction, volunteer leaders committed to the goals of their institution and accountable with fiduciary responsibilities including a high bar in the area of care -- for mission and assets. And, these institutions are in effect, owned by the public, at least through the tax structure for the nonprofits and actual ownership for the public colleges. To me, both of these facts mean that the only reason at all to be engaged in education is for outcomes. Now, they may not always get this right and produce perfect outcomes, but the overseers are not personally profiting from the work and the mission inherently drives an intention to "do no harm".

For the for-profits, neither of these two fundamentals are present. Governance matters.

Happy July 4th To All,

I received a note from a friend of mine and I would like to share the message with all:

IRIS – Integrated Refugee & Immigrant Services (www.irisct.org), a dynamic nonprofit organization in New Haven CT, has an immediate opening for the full-time position of Operations Manager. IRIS helps refugees and asylees— people fleeing persecution in their home countries who are invited to the US by the federal government—to start new lives and become self-sufficient, contributing members of their communities. IRIS currently serves clients from countries such as Iraq, Afghanistan, Congo, Eritrea, and Sudan.

General Description

The Operations Manager is responsible for organizing and directing IRIS’s daily office operations.  The goal of this position is to ensure a smooth operation of the day-to-day business of IRIS, making it possible for clients to be served effectively; for staff members to function efficiently; and for IRIS to comply with government requirements.  The Operations Manager provides administrative and case management support to all staff, but works most closely with the Deputy Director, Executive Director, and Manager of Case Management.

Essential Duties and Responsibilities include:

• Serve as receptionist in front office, including answering phones, greeting dozens of refugee clients and visitors each day, and triaging client requests
• Help staff members troubleshoot IT issues, and serve as liaison with IT consultant
• Process invoices and mail payments  
• Compile and submit biweekly payroll
• Maintain office files, including payroll, grantor documentation, and client finance reports; help prepare for annual financial audit
• Compile program and financial statistics and information for reports, as necessary
• Order office supplies and maintain office equipment; communicate and negotiate with vendors
• Maintain and update IRIS website
• Provide human resources support, including liaising with IRIS’s insurance company
• Provide basic administrative support to all staff and departments
• Maintain a neat, secure, and orderly office by preparing hospitality section (coffee & tea) each morning, and supervising the office cleaner
• Oversee Diaper Bank and Food Bank distributions
• Supervise volunteers and interns assigned to administrative and operations tasks
• Assist with fundraising tasks including appeal letters, thank you letters, and donor database maintenance.
• Other related tasks as necessary

Requirements

The successful candidate will have a minimum of 3-5 years of experience in an administrative position, non-profit experience preferred; excellent writing, communication, and organizational skills; and the ability to handle multiple demands and shifting priorities in a fast-paced environment. Candidate must be fluent in English. Ability to speak a second language is preferred. Candidate must have a demonstrated commitment to the mission of IRIS and awareness and sensitivity to multicultural issues.  Candidate must be proficient with MS Windows and MS Office, including Word, Excel, and Outlook.  Experience with Quickbooks, GiftWorks, Salesforce, MS Access or other databases, website maintenance, IT trouble shooting, and social media a plus.  

To apply, send an email to Deputy Director Kelly Hebrank, at humanresources@irisct.org by July 14^th with the following:

• A subject line that says “OPERATIONS MANAGER: [your first and last name]”
• A Cover Letter describing your relevant skills and experience, and why you are interested in this position
• An attached resume

IRIS – Integrated Refugee & Immigrant Services (www.irisct.org), a dynamic nonprofit organization in New Haven CT, has an immediate opening for the full-time position of Reception & Placement (R&P) Case Manager. IRIS helps refugees and asylees— people fleeing persecution in their home countries who are invited to the US by the federal government—to start new lives and become self-sufficient, contributing members of their communities. IRIS currently serves clients from countries such as Iraq, Afghanistan, Congo, Eritrea, and Sudan.

General Description

Operating under the Reception & Placement (R&P) requirements of the federal refugee resettlement program, the Case Manager will join a dedicated team in providing case management services to hundreds of refugees and asylees each year.  The R&P Case Manager will ensure that clients’ basic needs are met during their first 90 days in the US; that they learn about US culture and norms and feel comfortable navigating their new communities; and that they make progress towards becoming self-sufficient.  The R&P Case Manager will supervise a part-time assistant, and a team of interns and volunteers.

This job is primarily direct service with refugee clients, along with administrative work required by funders. 

Essential Duties and Responsibilities include:

• Prepare for and welcome newly arriving refugee families and individuals
• Ensure refugees’ basic needs (housing, food, clothing, etc.) are addressed
• Provide community and cultural orientation
• Assist clients in accessing appropriate external services and public benefits, including from Social Security Administration and Department of Social Services
• Communicate and coordinate closely with other IRIS staff who provide services such as English class, childcare, education, health care, employment, and immigration legal services
• Help refugees develop a resettlement plan and household budget, and encourage clients to work towards self-sufficiency and early employment
• Identify and address barriers and challenges to successful resettlement
• Operate as a cultural broker between refugees, volunteers, and service providers
• Working with the IRIS Volunteer Coordinator, ensure that proper language interpretation and translation are provided for all meetings with clients and for important documents
• Maintain and complete case files and documentation for each case, including financial expenditures, reports of client outcomes, and evidence of client self-sufficiency
• Maintain regular contact with cases, including home visits
• Other related tasks as assigned

Requirements

Candidates must have at least three years of relevant experience; strong writing, communication and organizational skills; computer skills including Microsoft Word and Excel; and ability to handle multiple demands and shifting priorities in a fast-paced environment.  Ideal candidates will have experience supervising others.  Candidates must have a demonstrated commitment to the mission of IRIS and awareness and sensitivity to multicultural issues.  Candidates must be fluent in English. Proficiency in another language is desirable, especially Arabic, Dari, Farsi, Swahili, Tigrinya, French, or Spanish.  Candidates must be able to work occasional evenings.  Candidates must have US driver’s license and be willing to drive clients to appointments. 

To apply, send an email to Deputy Director Kelly Hebrank, at humanresources@irisct.org by July 14^th with the following:

• A subject line that says “R&P CASE MANAGER: [Candidate first and last name]”
• A cover letter describing your relevant skills and experience, and why you are interested in this position
• An attached resume