GOVERNANCE POLICIES

DATELINE:  June 22, 2008, Chicago

Our very own Jack Siegel spoke at the annual CAPLAW conference in Denver, Colorado last week.  His topic:  Governance Policies.  Jack's presentation focused on conflicts-of-interest, whistleblower, and document retention policies.  He provided his audience with a thorough set of materials and what one audience member described as an...

The Desktop Guide is Quickly Becoming the Must Have Guide for Nonprofit Executives Jack Siegel's new book, A Desktop Guide for Nonprofit Directors, Officers, and Advisors: Avoiding Trouble While Doing Good, has quickly become the go-to guide for nonprofit executives and advisors. So what are people saying about the Guide?  In the October 2007 edition of the The Federal Lawyer, New York lawyer George W. Gowen and nonprofit authority, wrote: Jack Siegel knows his way around this backwater...Best of all, he doesn't write like an accountant (in deference to my brothers and sisters a the bar, I avoid adding lawyers to the assessment).  His guide is to the point, practical, and readable....Even though the subtitle of this worthy book is Avoiding Trouble Whild Doing Good, doing good well is the book's operative theme. Some of our readers have followed the link to the Amazon.com Web site, but apparently have not bought the Guide.  If they were turned off by the price, they should reconsider.  One prominent attorney in the exempt organization field grabbed a review copy of the Guide and couldn't put it down.  She has instructed a number of her clients to buy it, pointing out to them that for less than 1/2 hour of her billable time, they receive a lesson (and resource) that tells it like she would like it told.  If you are starting a new charity, the Guide could save you thousands of dollars in legal fees by teaching you how to better utilize your legal counsel and framing the issues so you don't spin your wheels at $400 an hour. Buy your copy today at Amazon.com, Barnes & Noble, or John Wiley (the publisher).

"awesome" presentation. 

As promised, here are the links to several policies that might serve as the starting point for developing a policy for a particular organization:

CONFLICTS-OF-INTEREST POLICIES

A. Bill & Melinda Gates Foundation--Conflicts-of-Interest Policy.

B. Minnesota Attorney General--Sample Conflicts-of-Interest Policy.

C. Nonprofit Risk Management Center--Sample Conflicts-of-Interest Policy.

D. IRS Conflicts-of-Interest Policy--Part of the Form 1023.

E. Idealist.org--Sample Conflicts of Interest Policy.

F. Charities Review Council--Sample Policy on Conflicts of Interest and Disclosure of Certain Interests.

G. Ethics Rules and Policies of the American Red Cross--Includes a Conflicts-of-Interest Policy.

H. National Association of College and University Attorneys--Conflicts of Interest Resources and Links, including links to many college and university conflict-of-interest policies.

In reviewing these policies, organizations operating Head Start programs should recognize that they are subject to special limitations on conflicts of interest that may not be reflected in these policies.

WHISTLEBLOWER POLICIES

A. Bill & Melinda Gates Foundation Whistleblower Policy.

B. Nature Conservancy--Whistleblower Policy.

C. National Council of Nonprofit Associations--Sample Whistleblower Policy.

D. Independent Sector--Whistleblower Policy.

E. Council on Foundations--Whistleblower Policy.

F. Milwaukee Jewish Federation Whistleblower Protection Policy.

Organizations should integrate whistleblower policies with their employment practices policies.

We don't endorse any of these policies.  They are just samples and other samples can be found on the Internet.  As Jack repeated several times during his presentation, no policy is any good if an organization simply copies it from the Internet or a form book without making necessary modifications to reflect the organization's unique circumstances, needs, and cultures.  In Jack's view, the true benefit from any policy comes not from the final written policy, but the dicussion that precedes its adoption.  Unless an organization is serious about governance, it should not bother papering over its files with policies that will be quickly ignored.

Organizations should consult with qualified legal counsel as part of the process of implementing any governance policy.

Internal Revenue Service - Circular 230 Disclosure: As provided for in Treasury regulations, any advice (but none is intended) relating to federal taxes that is contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein.

THE FOREGOING IS NOT AND SHOULD NOT BE TAKEN AS LEGAL ADVICE. IF LEGAL ADVICE IS REQUIRED, THE NONPROFIT OR OTHER PARTY IN QUESTION SHOULD SEEK THE ADVICE OF QUALIFIED LEGAL COUNSEL. If you liked this post, please visit http://www.charitygovernance.com for a description of our training and consulting services.  You will also want to acquire a copy of Jack Siegel's book, A Desktop Guide for Nonprofit Directors, Officers, and Advisors: Avoiding Trouble While Doing Good." Copyright 2008, Charity Governance Consulting LLC. All Rights Reserved. You may not copy any portion of this post to a computer "clipboard" for re-posting anywhere or e-mailing, or otherwise reproduce this post. If you want others to review this post, you may provide them with a link to this web blog. Any use of the material or ideas in this post by reporters or other publishers shall make reference to Jack Siegel, author of "A Guide for Non-Profit Directors, Officers and Advisors: Avoiding Trouble While Doing Good" and this web blog.  For additional information call 773-325-2124