Ethics & Compliance

Developing A Sustainable Nonprofit–Post Covid-19

Developing A Sustainable Nonprofit–Post Covid-19

By: Eugene Fram         Free Digital Image

An analysis of the current pandemic environment should be a clarion call for nonprofit board members. It can be summarized in a couple of sentences:

Great crises tend to bring profound social changes, …. . We seem to be at another point when society will make adjustments for good or ill. * 

As nonprofit board members or managers, are you ready to identify and confront these adjustments as they already have developed or will challenge your nonprofit within the next 10 years? Hopefully, a large portion of nonprofit boards will accept the challenge and begin strategic planning for the post Covid 19 period now!  

Board Challenges – Post Covid-19

As I view the situation, the pandemic has already brought about changes in four areas that can impact the long-term sustainability of a nonprofit. There are others that can be added to my four, for example Fund Development—but this topic has been well covered elsewhere. 

Advocacy 

Advocacy for Post Covid 19 needs to be more than an occasional Tweet or two. Some nonprofits will continue to advocate for issues that relate to its mission, vision and values. But they may have to take substantial stands on broader topics.

With 5G communications expanding the connections in the world, the post Covid-19 period will present opportunities for nonprofits to advocate, where appropriate, on social topics that may not be strictly germane to their mission—e.g., health care, social justice and “Me Too” issues.

At the least, each nonprofit should have reviewed policies that enable management and boards to respond quickly to pandemic generated movements that are not currently on the horizon.

Information Security

Board members have an obligation to make certain critical information is secure. It requires more specific policies than the requirement to have an insurance policy in the event a hacker steals a membership list.

Developing these policies requires some basic IT knowledge. If some board members need a “review” of these basics, the board should offer an educational opportunity to upgrade their knowledge. 

Generation Z (Gen Z) 

Gen Z, born between 1995 and 2015 (2020 in some reports) has already started to impact the workforce. The Gen Z population is currently 86 million and is expected to grow to 88 million in the next 20 years due to migration. **

In comparison with the millennial cohort, Gen Z:

  • Wants more autonomy and independence. A Gen Z staff will readily accept positions that allow them to work from home, especially if it yields a healthy work-life balance. This will cause nonprofit boards to review policies related to office space requirements while evaluating “at home” productivity. Some staff may choose to be located elsewhere in the United States or internationally.
  • Are less team-oriented than millennials. Being more competitive than the previous  generation, financial compensation is more important. They have been raised in some difficult economic times, and their Covid-19 experiences will no doubt heighten their motivations to seek higher financial compensation. To engage the best and the brightest of the Gen Z cohort at nonprofit salary scales, organizations will have one other major attraction. Nonprofits are mission (or purpose) driven, “Showing the positive impact their work will have on society can be (an attraction) for Gen Z when it comes to choosing a job.” ***

Cultural or Technical Vulnerabilities

These are the challenges that may be in an infant stage but can have significant impact on the organizations polices. The March of Dimes movement changed its focus to healthy moms and strong babies after the development of a polio vaccine. As psychiatric drugs improved, the boards and managements of a number of face-to-face counseling nonprofits declined or they broadened their missions. After simmering for years, the “Me Too” movement has caused colleges and universities to be modify their policies, sometimes in a rapid manner.

Many of these vulnerabilities can emerge quickly and affect a nonprofit’s sustainability. CEOs should lead with a visionary manner and boards need members who can think broadly to respond with financial or intellectual support.  This process has been described by a Harvard Law publication as future-proofing.**** “This involves thinking though the impact of today’s changes on future outcomes and future needs.” The authors admit asking management to take on this planning effort within unprecedented uncertainty may hinder its ability to react short term.   But they feel it is worth the risk to provide the challenge to management’s long-term thinking.

*https://www.newyorker.com/magazine/2020/07/20/how-pandemics-wreak-havoc-and-open-minds

**https://knoema.com/infographics/egyydzc/us-population-by-age-and-generation-in-2020  

*** https://business.linkedin.com/talent-solutions/blog/hiring-generation-z/2019/how-to-hire-and-retain-generation-z

**** https://corpgov.law.harvard.edu/2020/07/26/the-boards-role-in-guiding-the-return-to-work/#:~:text=The%20board%20has%20a%20role,operations%20and%20growth%20moving%20forward.

Questions For Nonprofit Board Meetings—And Why They Are Needed 

Questions For Nonprofit Board Meetings—And Why They Are Needed 

My greatest strength as a consultant is to be ignorant and ask a few questions. – Peter Drucker 

By: Eugene Fram    Free Digital Image

Knowing the right questions to ask at a nonprofit board meeting is a critical part of a board member’s responsibility. Following is a list that, as a nonprofit director, I want to keep handy at meetings. * I also will suggest why I think each is important in the nonprofit environment. Compliance and overviewing management alone do not guarantee success.  

  • What is our one sentence strategy?: It needs be short to convey the essence of the impact the organization is creating—a brief abstract of your mission that is easy to understand. Example from my experiences: “We serve the homeless and seniors by helping them to sustain their lives with healthy food, housing and other support services.”
  • What is our organization’s 10-to-15 year dream?: Not a question frequently asked, but needed to fashion strategies in the intervening period. Traditionally board and management feel that such dreams don’t have practical applications. They do if passed to future generations of boards and managers. To foster continuing discussion, a good idea is to initiate a simple process, which is implemented every few years, to determine whether or not these “dreams” are still relevant and being accepted by board and staff.  
  • What are the non-negotiable core values that dictate how we behave?: Something that needs to be reviewed annually by a group of more visionary board people and management. In rapidly growing nonprofits these may not have been communicated to new managers and employees
  • What are the key priorities we need to focus on in the next three to five years?: Needed as a motivation to asses the impact of strategic planning. Too often operational issues instead of strategic items dominate meeting agendas.  
  • What are the key metrics or key performance indicators we will use to measure our progress? Both quantitative (e.g., financial, clients served) and qualitative (e.g., advocacy, community impact) need to be addressed. Qualitative impacts are much move difficult to access, and often they are not developed for the annual review. **
  • What kind of cash flow do we need to sustain and grow our organization?: A key indicator for both for-profit and nonprofit organizations. The importance of strong cash flow is encompassed in the adage “cash is king.” Having cash puts the nonprofit in a more stable position with better buying power. While the nonprofit can borrow money at times, cash affords the organization greater protection against loan defaults or foreclosures. Cash flow is distinct from cash position. Having cash on hand is critical, but cash flow indicates an ongoing ability to generate and use cash. Nonprofits that include in-kind donations in their revenue streams have an obligation to separate cash vs. in-kind income for financial analysis. and annual reports to stakeholders.

All of these questions need to be reviewed annually, but in my experiences they rarely surface in board discussions.   

*https://mahlab.co/blog/associations-are-you-asking-your-members-the-right-questions/

**https://nonprofitquarterly.org/using-imperfect-metrics-well-tracking-progress-and-driving-change/#:~:text=To%20be%20more%20precise%20about,or%20cannot%20be%20precisely%20replicated.

Must Nonprofits Develop Employee Benefits That Substitute For Annual Raises?

Must Nonprofits Develop Employee Benefits That Substitute For Annual Raises?

By: Eugene Fram                      Free Digital Image

An analysis in the Washington Post reports that a tsunami-style change has been taking place in the manner in which United States employees are being paid—benefits are being offered in place of annual salary increases. (http://wapo.st/1MwoIBZ) Driving the change are the needs of a substantial portion of millennials who appreciate immediate gratifications in terms of bonuses and perks, such as extra time off and tuition reimbursement. Employers like the arrangement because they can immediately reward their best performers without increasing compensation costs. Example: One sales employee spent weeks reviewing dull paperwork, was very diligent in the process and was given three extra days of paid leave. She said, “I think everybody would like to make more, but what I liked about it was the flexibility.”

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Do Today’s Business Leaders Make Effective Nonprofit Directors?

Do Today’s Business Leaders Make Effective Nonprofit Directors?

By: Eugene H. Fram       Free Digital Image

The names of the new board nominees have been announced. They include several outstanding recruits from the business community. Will these new formidable board members perform well in the nonprofit environment? William G. Bowen, a veteran director in both the for-profit and nonprofit environments, raised the following questions about such beginnings in a 1994 article:* Is it true that well-regarded representatives of the business world are often surprisingly ineffective as members of nonprofit boards? Do they seem to have checked their analytical skills and their “toughness” at the door? If this is true in some considerable number of cases, what is the explanation?

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Can A Nonprofit Board Member Ever Wear Two Hats?

Can A Nonprofit Board Member Ever Wear Two Hats?

By Eugene Fram.                  Free Digital Image

Although this is not a good idea for nonprofit organizations, it is not an unusual occurrence, especially among start-ups. A director in a start-up nonprofit will need to assume some staff responsibilities as a volunteer. But he/s will need to organizationally report to the CEO. In the event the position ceases to be a volunteer one, i.e.,the person wearing the two hats is compensated for the staff work. he/s should resign the board position. With two hats, a director would be in conflict-of-interest on important matters like salaries. Although some state statutes specifically forbids a director to hold multiple roles, enforcement of the statues is haphazard, especially among smaller nonprofits that are short of people to carry out staff functions.

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How Is Your Nonprofit Board Adjusting To “The Great Resignation”?

How Is Your Nonprofit Board Adjusting To “The Great Resignation”?

By: Eugene Fram                Free Digital Image

An article in The New York Times (12/23/2021) reports, In Louisville Ky, nonprofit groups are losing social workers to better-paying jobs at Walmart and McDonalds.  *  With 34.5 million American job resignations reported by, August 31, 2021, it’s reasonable to estimate that by the end of 2021 about 46 million Americans will have left their current jobs during the past year. This is about 25% of the American work force. ** The movement has been named “The Great Resignation.”      

Reasons for change range widely.  Beyond salary, some families may have found living on one salary acceptable, others may have moved to rural areas for quieter living, still others may have used a lay-off bonus to have time to get away from an authoritarian boss. ***          

It appears this robust employment turnover will continue. As a result, nonprofit boards, within their overviewing responsibilities, must focus on recruiting and retaining organization talent, like few nonprofit boards have done in the past. (more…)

The Nonprofit Board’s New Role In An Age of Exponential Change

The Nonprofit Board’s New Role In An Age of Exponential Change

By Eugene Fram                 Free Digital Image

Most nonprofit boards are being faced with huge pressures—reduced financial support, challenges in integrating new technologies, recovering from Covid impacts and difficulties in hiring qualified personnel who will consider “nonprofit” wages. To survive long term, board members need to be alert to potential opportunities. These may be far from the comfort zones of current board members, CEOs and staff.

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Once Again! What Are te Best Risk Levels for Your Nonprofit’s Investments in a COVID 19 environment and after it?

Once Again! What Are the Best Risk Levels for Your Nonprofit’s Investments in a COVID 19 environment and after it?

By Eugene Fram      Freed Digital Image

Some nonprofits have significant investment accounts. The following are some guidelines to help develop investment policies during and after COVID 19. These funds may have been accrued through annual surpluses/donations or have been legally mandated to cover future expenditures through a reserve account.

  1. How does your committee define risk, and how much are you willing to take? *  Most nonprofit by-laws require a nonprofit to conservatively manage and invest its funds. This give the investment committee a wide range of policies to employ.

I have encountered ultraconservative nonprofits that invest all funds in several bank savings accounts that are protected by the Federal Deposit Insurance Company (FDIC). Those that advocate this position feel that they don’t want to assume responsibility for loss of donor or membership funds that might occur, even temporarily, with investments in a mix portfolio of investment opportunities such as stock funds and/or rated bonds. (more…)

NONPROFIT BOARDS HIRE AND CEOs MUST ACT!

NONPROFIT BOARDS HIRE AND CEOs MUST ACT!

By: Eugene Fram

Whenever the time is ripe to select a new nonprofit CEO, I think of the old joke that says “…every person looks for the perfect spouse… meanwhile, they get married.” By the same token, nonprofit directors seek perfection in a new ED/CEO– and find that they must “settle” for less. But there are certain definitive attributes that are essential to his/her success in running the organization. With the pressures of increasingly slim budgets, fund development challenges and the difficulty of recruiting high quality employees, the 21st century ED/CEO must be action oriented and come equipped with at least a modicum of the following abilities: *

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How Do Nonprofits Determine CEOs’ Productivity?

 

 

 

How Do Nonprofits Determine CEOs’ Productivity?

By: Eugene Fram           Free Digital Image

Nonprofit organizations can’t have a traditional bottom line profits. If they did, CEO productivity determination could be less complicated. Determining a fair CEO  salary or benefit based on productivity, can be a complex issue for a nonprofit board. Providing too little or too much can be dangerous for the organization and possibly the board members. Although the spadework for salary and benefits need to be done by a small committee, the entire board needs to fully agree on the rationale for the final decision.

Following are some of significant challenges that I have noted nonprofit boards face when determining what is a fair system.

Evaluation Failure: Some CEOs might receive high  salaries because a series of boards have not effectively evaluated her/h performance. It is not unusual to find CEOs who have not been formally and effectively evaluated for years. They are held in position because they are “minding the store,” not being professional managers. It isn a comfortable position for both board and CEO.  As one CEO commented to me, ” I present the board with alternatives, they make the decision that I must implement.”

  Market Forces: Nonprofit organizations are restricted by law from providing their CEOs with excess benefits. (Section 4958 – IRS Code) As a result, the benefits offered the CEO must reflect a market level found in the geographic area and/or the person’s professional qualifications. For example, nonprofit health insurance organizations may have to compensate CEO at levels that are competitive with for-profit organizations. In my opinion, unusual CEO benefits (e.g. luxury cars) that are hard to justify market-wise are invitations for an IRS inquiry

Board Relationships: Obviously having a good, not perfect, interrelationship with the constantly changing board membership is critical to support a reasonable  compensation level. It is especially important in association type nonprofits where the person holding the board chair position changes annually. I recently encountered one board chair who, although being very pleased with the CEO’s performance, expressed a concern that the CEO did not have good communications with board members. The chair welcomed a suggestion that the board might engage a professional coach to help the CEO work on the issue.

Additional Benefits: Although not usual in the for-profit environment, special benefits can be offered the nonprofit CEO, especially if they relate to job performance. These can range from special insurance coverage to extensive travel benefits , educational opportunities. or even housing and entertainment allowances. If involved with fundraising, like a college president, housing and entertainment benefits may be appropriate. In some unusual instances the person’s spouse or significant other may also receive compensation for time spent to benefit the nonprofit.

Nonprofit CEO: It is not unusual for the  nonprofit CEO to undervalue his/h own worth, especially when associated with a human services type of organization. This then keeps a cap on the whole salary scale and can make it difficult to hire capable people. Example: I encountered one CEO with degrees in human services and management areas plus 30 years of excellent experiences. Admired for his performance by peers in a nearby university, he refused to use that leverage to seek equitable compensation.

Personality: Now doubt a positive CEO personality can be an attribute in working with boards and staffs.mAt an extreme, some nonprofit boards continue to support well-liked CEOs, even after they have been found to be involved with fraud. The board then has to be removed by state attorneys’ actions.

Summary:
Nonprofit boards can do a poor job of determining nonprofit CEO salary and benefits because of inherent challenges. Evaluating critical qualitative outcomes and impacts, like improving life quality and successful advocacy, can be daunting. Nonprofit compensation must in line with market levels and professional qualifications, or the board members may acquire an IRS personal liability if they provide excess salaries and benefits!