National Council of Nonprofits: Nonprofit Advocacy Matters

View this email in your browser               OMB Webcast Provides Clarity, Highlights Need for Collaboration with Nonprofits The Uniform Guidance from the White House Office of Management and Budget will be binding on most of the contracts and grants between state and local governments and nonprofits when federal discretionary funding is utilized, according to government officials during an OMB webcast conducted on October 2. Presented as a “conversation” among stakeholders, the webcast provided opportunities for various interests affected by the Uniform Guidance to raise questions and seek clarity on key topics that have caused confusion. OMB officials kicked off the event by discussing how the new Uniform Guidance, among other things, is intended to lower barriers to entry for smaller nonprofit organizations to perform services in communities on behalf of governments.   Matt Hammoudeh, Assistant Secretary at the Illinois Department of Human Services, discussed the steps taken in Illinois to implement numerous requirements of the OMB Uniform Guidance and to change state policies to ensure consistency across government programs. In responses to questions from David L. Thompson of the National Council of Nonprofits, Hammoudeh confirmed that the requirement in the Uniform Guidance for governments to pay nonprofits their indirect costs is binding on governments at all levels of contracting and grantmaking, and that nonprofits cannot be asked to waive their reimbursement rights. The Illinois official also made a strong statement against arbitrary caps to indirect costs, pointing out that caps undermine nonprofit innovation and hurt service delivery. Hammoudeh stressed the importance of the lesson learned by the state of collaborating with nonprofits at the beginning of the process to develop the changes needed to implement the OMB Uniform Guidance. He note that nonprofits are the experts who can identify in advance the positive and negative impacts that new policies will have on delivering services in communities. Other panels during the webcast addressed questions related to audits and internal controls, procurement, and innovative funding. OMB will post a recording of the webcast within a week.    Public Supports Clear Rules on What Counts as Politicking  A large majority of American voters (60 percent) believe that having clear rules defining political activity for social welfare organizations is important, according to a recent public opinion poll. Eight in 10 voters believe that political operatives and donors take advantage of vague rules and blurry lines defining what is and is not permitted. Among voters who had an opinion, a majority favored changing the way that activities of social welfare nonprofits organized under Section 501(c)(4) of the tax code are regulated to establish clearer and fairer rules for what counts as partisan political activity. The poll, which was conducted for Public Citizen and released in conjunction with the Hudson Institute, comes at a time when the Internal Revenue Services is seeking to clarify the rules for 501(c)(4) social welfare nonprofits (as opposed to charitable nonprofits) and recover from a scandal involving alleged targeting of various groups based on presumed political leanings.     Communications Challenge: When Technology Meets Regulation Calls and texts to old cellphone numbers could result in significant liability, according to legal pleadings in numerous federal class-action lawsuits. Briefly stated, nonprofits and other callers could potentially be liable if they make calls or send texts to cellphone numbers that they previously received authorization to call but, unbeknownst to the caller, had been reassigned to a new person who has not given “prior express consent” to receive communications. According to one report, more than 37 million cellphone numbers have been reassigned in the past 10 years, so the likelihood of organizations having old numbers on their records is great. The National Council of Nonprofits filed comments with the Federal Communications Commission (FCC) asking for an expedited declaratory judgment confirming that “callers who obtain prior express consent from a called party are not liable for phone calls and text messages to telephone numbers for which the caller has obtained prior express consent, but that have been reassigned without the caller’s knowledge, or for other types of ‘wrong number’ calls.” The FCC may rule on the issue this fall.     Candidate Forums Connecting Office Seekers with Nonprofit Missions This election season several state associations of nonprofits are using candidate forums in non-partisan ways to educate the voting public about the candidates and their positions. Providers’ Council in Massachusetts recently hosted the Human Services Gubernatorial Forum where four candidates addressed 700 attendees on human services topics. Significantly, all four candidates expressed their support for a 2008 statute that was designed to bring human services reimbursement rates up to market value, but whose full implementation has been delayed. The video of the event can be found here. Connecticut Association of Nonprofits co-sponsored the state’s second 2014 Gubernatorial Debate last week. Big topics of the debate included economic growth in the state and education reform. Go here for a recording of the Connecticut debate.   The “No Vote No Grumble” campaign, of which the Hawai`i Alliance of Nonprofit Organization is a partner, will hold a gubernatorial candidate forum on Wednesday, October 8th. The mission of No Vote No Grumble is to “increase civic engagement, including registering and educating voters, especially with the underrepresented/underserved communities.” HANO stresses that this is an important opportunity for nonprofits to share their community’s concerns with candidates. The Colorado Nonprofit Association will be holding a forum during its 2014 conference that will focus on the races for Secretary of State and Attorney General. Colorado’s PBS station will record and air the forum, giving the public the opportunity to learn more about the candidates in these “down ticket” races that often get overlooked. Each forum gives nonprofits the opportunity to educate policymakers on the work and impact of the nonprofit community to their respective states and the ways in which lawmakers can work with nonprofits to identify and promote solutions in communities.     Taxing Student Housing on the Rise The tax-exempt status of student housing facilities is under attack in the courts, at city hall, and in the ballot box. The Texas Supreme Court agreed last week to decide whether the Texas Student Housing Authority must pay property taxes on a dorm facility on the campus of Texas A&M University. County tax assessors had determined that the use of the facilities during summer months by high school students disqualified the dorms under Texas law. In Waleska, Georgia, the City Council is considering a tax on student residence halls at Reinhardt University, a local nonprofit. The Mayor said that the idea for the tax on the small Methodist university was proposed by the state Department of Community Affairs. The city would base the tax on the state’s hotel-motel tax, but is awaiting comment from the Attorney General on the legality of the proposal. Georgia voters in November will also be voting on whether to tax student housing across all public institutions in the University System of Georgia.   Taxes, Fees, PILOTs Taxes: A bill in Pennsylvania would impose real estate taxes on nonprofits owning property valued at more than $200,000. The bill’s sponsor has repeatedly introduced measures to tax tax-exempt nonprofits in the Commonwealth based on the common misconception that taxpayers end up paying more, but without recognizing the numerous community benefits of nonprofits, including the lower cost to governments. PILOTS: Pittsburgh’s Mayor has proposed his budget for 2015 that assumes $24 million annual contributions, or payments in lieu of taxes (PILOTs), from the city’s largest nonprofits. Large landholding nonprofits, such as University of Pittsburgh Medical Center, have expressed a willingness to negotiate on contribution size, as long as they are allowed some say in how the funds will be allocated.   California Adopts Paid Sick Leave Employment Policy Governor Brown has signed the law requiring nonprofits and other employers, starting in July 2015, to pay employees one hour of sick leave for every 30 hours worked. In an alert to nonprofits, CalNonprofits reports that the amount of sick time used can be capped by employers at 3 days per year (24 hours) and any unused sick time at the end of the rolling-12-month period must be rolled to the next 12-month period.    Southern Voters Consider Income Tax Restrictions Voters in Georgia and Tennessee will have the opportunity on November 4 to alter their states’ constitutions to significantly restrict the power of their legislatures to levy personal income taxes. Voters in Georgia will decide on Amendment A, which would permanently cap the top income tax rate at six percent. Polls show that the ballot measure has broad popular support. If approved by voters in Tennessee, Amendment 3 would prohibit the legislature from levying, authorizing, or permitting any state or local tax upon payroll or earned personal income. Critics of both measures argue against removing taxation from the tools the legislatures have to address economic downturns and unforeseen challenges.     Tax Approved to Fund Philadelphia Schools Pennsylvania passed a cigarette tax intended to provide additional funding for Philadelphia city schools. The new tax comes in time to avoid layoffs of more than 1,000 employees. Public schools in the area had been looking into alternative funding streams, such as fundraising through social media, as the vote on the tax loomed. However, a bill is still advancing in the state Senate that would lock in education cuts and result in future funding challenges that could result in appeals to nonprofits and the public to fill resource gaps.   North Carolina Budget Cuts Demanded The North Carolina Office of State Budget and Management has instructed state agencies that their FY2015-17 budgets must be at least 2% lower than their current budgets. According to the North Carolina Center for Nonprofits, state agencies in the past imposed disproportionate cuts on programs affecting populations and communities served by nonprofits through state contracts and grants.        Because Now is When Candidates are Paying Attention The people and communities served by charitable nonprofits “win” elections when all the candidates learn about the significant impact of nonprofits, look to nonprofits as community problem solvers, and agree with the policy priorities of nonprofit organizations. It’s not a partisan matter of who gets elected, but about using the elections to inform candidates and the public about the value of the contributions of nonprofit organizations. The non-partisan election-related activities performed by state associations of nonprofits and many other organizations across the country this election season are helping to educate voters and promoting good policy results.   The lead state article, above, highlights effective non-partisan advocacy actions in Colorado, Hawai’i, and Massachusetts in using candidate forums to focus on the work of nonprofits in communities. Other organizations, like the North Carolina Center for Nonprofits, are engaging candidates through questionnaires that address a broad array of issues that will help voters gauge the priorities of each public office hopeful. Still other nonprofit advocates are sharing their public policy and legislative agendas with all of the candidates with the expectation that some will recognize the value, adopt the priorities, and give public voice to the needs of the communities that nonprofits serve. In all of these cases the same strategy is at play: communicate with the candidates about policy priorities while they are most interested in what constituents think – from now until election evening.       Federal Issues OMB Uniform Guidance 501(c)(4) Partisan Politicking Cell Phone Regulation State and Local Issues Candidate Forums: CO, HI, MA Taxing Student Housing: GA (2): TX Taxes, Fees, PILOTs: PA (2) Paid Sick Leave: CA Constitutional Amendments: GA, TN Public School Funding: PA State Budgets: NC Advocacy in Action   ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦    Nonprofit VOTE Webinar Nonprofits Get Out the Vote Thursday, October 9th at 2:00pm Eastern Election Day is just four weeks away. Find out what non-partisan activities your nonprofit can legally do to encourage voting and help get your community to the polls. Register Now!     Survey Reminder Protect Positive Grants Reforms Take the Survey In less than three months, new reforms governing payments to nonprofits for their indirect costs (overhead) and other reforms will go into effect. You can help in the development of tools to turn the promise of the new reforms into reality for your organization and others by completing this short survey and encouraging your colleagues at other nonprofits to fill it out as well.    Worth Quoting “The cost principles are designed to provide that the Federal awards pay their fair share of the costs recognized under these principals.” - Frequently Asked Questions, U.S. Office of Management and Budget, August 29, 2014, explaining the underlying reason for the mandate in the OMB Uniform Guidance that pass-through entities (typically state and local governments) reimburse nonprofits for their indirect costs.      Worth Reading Federal Grant and Contract News for Nonprofits, Venable LLP, September 2014, highlighting new procurement standards that federal grantees and subrecipients will be required to follow under the OMB Uniform Guidance.   Worth Studying Income Growth Varies Widely Across States, Governing, September 19, 2014, providing state- and county-specific data on personal income growth since 2000 through 2011, utilizing three interactive maps.     Numbers in the News On November 4, voters will decide the following: 435 seats in the U.S. House of Representatives 36 U.S.Senate seats 36 Governorships 31 Attorneys General races 6,049 state legislative seats in 46 states 136 statewide ballot measures in 41 states   Nonprofit Events Oct. 6-7, Fall Nonprofit Conference, Colorado Nonprofit Association Oct. 7, High Desert Nonprofit Leaders Conference, Nonprofit Association of Oregon Oct. 9-10, Camp Finance, New York Council of Nonprofits Oct. 23, Helping 501(c)(3) organizations with charitable contributions (a primer), Internal Revenue Service webinar Oct. 28-29, Kentucky Nonprofit Leadership Forum, Kentucky Nonprofit Network    Share this newsletter with your staff, board, and nonprofit colleagues         Did you receive this email from a friend? Sign up now to receive this free e-newsletter every other Monday. © Copyright 2014 National Council of Nonprofits. All rights reserved  1200 New York Avenue, NW | Suite 700 | Washington, DC 20005 | www.councilofnonprofits.org

NYCON's 2014 "Being a Successful Executive Director" Retreat is 12/10-12/12/14

Our annual conference for newer Executive Directors (5 years or less at current organization) will be in Latham, NY this year Dec 10-12.  And limited grant sponsorship dollars from the Dyson Foundation are available for Executive Directors of organizations in Columbia, Dutchess, Greene, Orange, Putnam, or Ulster Counties!!!

Helping You Become A Better Leader
This intimate retreat setting is the perfect opportunity for Executive Directors to engage with other nonprofit leaders currently in this role, master the critical skills necessary for effective nonprofit management, and receive individual consultation with industry experts on the issues that your nonprofit is facing.
NYCON’s annual Executive Director Retreat is oriented and specifically designed for those nonprofit Executives who are in their first 5 years of service in this role.
The retreat is designed to introduce, through practical application, the many and varied functions and competencies necessary for a successful Nonprofit Leader. An intensive emphasis is placed on several of the most critical, multi-disciplinary “real world” elements of executive leadership, management, and problem-solving.
This retreat is an essential part of the toolkit for your professional and organizational development.
2013 Participant:
“One of the most important and useful training any new executive director of a not for profit could attend is the NYCON New Executive Director Training.”
Questions? Contact Us! Kate Pauly— Membership & Events Coordinator, NYCON 1 (800) 515-5012 ext. 126 or email kpauly@nycon.org
Learn More & Apply Today! Executive Director Retreat 2014 December 10th-12th, 2014 The Century House Latham NY 12110
 Are you a new Executive Director or CEO with less than five (5) years of experience?
Rates & Other Information:
NYCON Member Rate: $745.00
 (Including two overnights and all meals)
NYCON Member Rate: $555.00
 (Meals With No Overnight Room)
Non-Member Rate: $855.00
 (Including two overnights and all meals)
Non-Member Rate: $640.00
 (Meals With No Overnight Room)
Please see www.nycon.org for full details.
LIMITED SPOTS AVAILABLE!
“Being A Successful Executive Director”

For even more information and to register please follow this link: http://www.nycon.org/index.php/latest-news/events/leadership-retreat-being-successful-executive-director-latham-ny/#.VA3gw_mwIUs

Taconic Resources for Independence Holding Deaf and Hard of Hearing Panel: 9/24/14

 



Hope you can attend!  Please spread the word...

Diversity and Awareness Panel: Hearing Loss and Accessibility

Did you know that 800 million people are affected by some kind of hearing loss? One-third of those affected are of retirement age - 65 years or older and the other two thirds are pre-retirement age, this statistic includes infants and children!

Hearing loss does not discriminate and has the potential to affect everyone. To raise awareness, as well as to illustrate the diversity of hearing loss, we have asked individuals of all ages and levels of hearing loss to speak about their personal experiences. Professionals will also be presenting about the rights of individuals with disabilities covered under the Americans with Disabilities Act.

Join us and learn how you can make Dutchess County more accessible for people with hearing loss.

Date:          Wednesday, September 24^th

Time:                    9:30am – 1:00pm

Location:   The Henry A. Wallace Center

at the FDR Presidential Library & Home

Route 9, Hyde Park, NY

No registration fee - Lunch provided

Presenters:

·         Cheylisia Edwards, US Dept. of Health & Human Services - Office of Civil Rights

·         Bruce Gitlin, Attorney, NY Center for Law & Justice

·         Kathleen S. Friedman, LCSW, CSC, Director Deaf/HH Program & Limited English Proficiency Services at New York Presbyterian Hospital - Westchester Division

·         Parents of Deaf and/or Hard of Hearing Children

·         Individuals in the Deaf/Hard of Hearing Community

RSVP by: Wednesday September 10, 2014

Jeanine Byrnes, Deaf/Hard of Hearing Services Community Liaison

Mid-Hudson Interpreter Service, Taconic Resources for Independence, Inc.

j.byrnes@taconicresources.org

845-452-3913 x103 Voice

845-345-8416 Video Phone for ASL Users

Panel is funded by: Taconic Resources for Independence, Inc.

In collaboration with:

Dutchess County Deaf Awareness Group

Hudson Valley Catholic Deaf Center

Sign Language Interpreters, Assisted Listening Devices and CART will be provided

Report Shows Increase in Late Payments for NYS Contracts

Comptroller DiNapoli: Increase in Late Contracts with Nonprofits Impacts Those in Need   In one of our recent newsletters we reported on Urban Institute's National Study on prompt contracting, which ranked New York State within the "Top Ten Worst" in Nonprofit contracting and payments. Just this week, NYS Comptroller Thomas P. DiNapoli released a report with additional data proving, unfortunately, what we already suspected. New York State is getting worse at paying nonprofits what they are owed for services. Key Findings:  ·         State agencies were late 87% of the time in approving contracts with nonprofit providers in 2013.This is an increase from 2012, when 78 percent of contracts were approved late. ·         Late approvals prompted interest payments, mandated under the Prompt Contracting Law, which cost the state $185,519. The bulk of the interest was paid by four agencies as seen in the below table:  Agency Amount  % of NYS Interest Paid Department of Health $79,573 43% Division of Criminal Justice Services $56,487 30% Office of Children and Family Services $24,969 13% State Education Department $24,155 13% "Every day, New Yorkers rely on not-for-profits to care for their children, improve their health, get housing and much more,"DiNapoli said. "Simply put, the state can't provide all of these basic services without the help of not-for-profit organizations. And when contracts and payments are late, it hurts people and providers, costing the state taxpayer dollars in interest payments "We applaud Comptroller DiNapoli for tracking and highlighting this problem year after year,"said Doug Sauer, chief executive officer of the New York Council of Nonprofits Inc. "Unfortunately, facts do not create policy, they only inform it. The state of New York, despite best intentions, has taken its eye off the ball."   Although there have been multiple attempts to fix the system, such as the NYS Grants Gateway, little has made any real substantial changes to improve the system. The Comptroller's report recommends that state agencies: ·         Make prompt contracting a priority to reduce costs to the state and nonprofits ·         Pay prompt contracting interest with the first payment due after the start of a late contract ·         Re-align contract start dates to reflect the time required for the procurement process.  To download the Full Report click here, for a breakdown by nonprofit, region, and length of days for approval click here. Want more information? Please contact our Policy & Program Associate, Amber Vanderwarker.

Download the Prompt Contracting Annual Report  Click here to download the Full Report, and click here for a breakdown by nonprofit, region, and length of days for approval.   Updated on Prompt Payment Legislation: It may be late in the legislative session, but you can still help us pass  A.9599/ S.7340. It's passed in the Assembly, but has not moved in the Senate. Send an email or call chairman Michael Ranzenhofer's office today to move the bill.   NYCON News & Resources State Commits to Additional Gateway Fixes NYCON's Efforts Makes a Difference and a Win for Nonprofits National Study of Nonprofit-Government Contracts and Grants 2013 NYS: State of the Sector Survey Results

National Council of Nonprofits: Nonprofit Knowledge Matters

Building a better budget (even if you are allergic to numbers) During an interview with staff members at the New York Council of Nonprofits, Jenny Chandler, Vice President at the National Council of Nonprofits, learned how to build a better budget:   In an effort to get over my allergy to numbers, I spoke with the terrific team of Kelly Mathews (Chief Operating Officer), Michelle Jarvais (Chief Fiscal Officer), and Elizabeth Mathews (Senior Accountant), who shared with me their “6 P’s” approach to nonprofit budgets. See if you can find the “P’s” in their advice!   Jenny: When you work with nonprofits to build a “better” budget, what are your goals?   Michelle: We’re going for a strategic process that helps you plan – not just taking last year’s numbers and updating them. We encourage nonprofits to look a few years ahead and take a multi-year approach because that will result in a better budget.   Kelly: In my work with nonprofits I often see folks not thinking through the long-term effects of short-term decisions. An example would be a simple cost-of-living adjustment. It’s great in the year it’s given – it bumps up salaries and boosts morale. But has the nonprofit projected out the impact of that adjustment for the next few years? It’s going to change the revenue requirements for many years to come. That could be huge.   Michelle: We encourage nonprofits to think of their budget as a living, breathing, guiding document. Your budget is not something that’s approved by the Board of Directors and then locked in stone for the rest of the year. It’s never going to be static. It’s going to change month-to-month. It’s normal for the actual numbers to turn out differently than you projected when you drafted the budget, so a “better budget” is one that changes with the nonprofit’s experience.     Jenny: It sounds as if you are suggesting that the board-approved budget should be formally amended throughout the year?   Michelle: Perhaps. Many organizations approve at least one budget revision annually. But sometimes adjustments are anticipated and reflected in the budget narrative so that a formal amendment isn’t necessary. If the narrative is thoughtfully drafted it will explain potential variances and alert the board to alternate scenarios.   Jenny: Wait a minute. You just said, “narrative” – You mean budgets aren’t just numbers on an Excel spreadsheet?    Read more from this interview...     Changing the Culture on Costs, One Community at a Time Most nonprofits know the problems caused when governments, funders, and the public incorrectly assume that only program costs are well spent and that overhead costs are undesirable. Some nonprofit leaders in Napa Valley, California are doing something about those attitudes, and providing inspiration for the rest of the nonprofit community.   Read more…   Subscribe here to receive your free copies of Nonprofit Advocacy Matters (every other Monday), where this article was originally published.        And now for something fun: A summer celebration of charitable nonprofits! Sit back in your chair, let yourself relax for two minutes to enjoy this short “Motion Graphic” about how nonprofits are essential to the quality of life in our communities. Brought to you by our member State Association, the Nonprofit Association of the Midlands.      Resources to help your nonprofit develop a budget   Budget Best Practice Tips (NYCON)   Financial management resources (National Council of Nonprofits)   NYCON’s Budget and Cash Flow Toolkits: Comprehensive, step-by-step guided & easy to use ● Take a tour ● Information & Online Order Form ● Contact your state association of nonprofits to inquire about a discount.     Advertisement   Worth Reading   Is Strategic Philanthropy Yesterday’s News? (Nonprofit Quarterly)   Build a board culture that advances fund development (Cause Planet)   Preventing fraud in the cash disbursement process (Tate & Tryon)   Author Interview: A Board Member’s Easier Than You Think Guide To Nonprofit Finances (Andy Robinson and Nancy Wasserman)      Your Voices Last month, we asked how often your board reviews financial reports. Here's what you said:     This month's poll: What do you think of crowdfunding as a fundraising strategy?   Tell us in this quick, one-question poll and look for the results in next month's Nonprofit Knowledge Matters.       Worth Noting   Beware of a current government grant scam   Free program: Everything you always wanted to know about Grants.gov (June 25, 1 pm Eastern)   © Copyright 2014 National Council of Nonprofits. All rights reserved  1200 New York Avenue, NW | Suite 700 | Washington, DC 20005 | www.councilofnonprofits.org