the nonprofit partnership's 10th annual northwest pennsylvania nonprofit day

Pennsylvania Association of Nonprofit Organizations

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The Nonprofit Partnership's 10th Annual Northwest

Pennsylvania Nonprofit Day

Joe Geiger , Executive DirectorPennsylvania Association of Nonprofit

Organizations777 East Park Drive, Suite 300

Harrisburg, PA 17111 (717)-236-8584

[email protected] www.pano.org

October 21, 2010


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Quiz


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Some general thoughts

There is no such thing as perfect public policy - Feudal times…

This is not rocket science - relationships

If you are not at the table, who is? Sticking your head in the sand does

not mean you won’t get hurt - opinion on NPO

Grassroots lobbying is crucial


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We are creating more competition for the same dollar

We are fighting within the nonprofit community to compete for whose issue is the most important


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We need to be developing collaboration within the sector

We must re-educate the public about the value of the charitable nonprofit community

We do more than provide service

We must understand that we have commonality


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Three Common Barriers to Involvement in Public Policy

Legality – Is it legal for 501 (c )(3) organizations to advocate and lobby?

Legitimacy – Is it legitimate and appropriate for nonprofits to advocate and lobby?

Effectiveness – How can nonprofits advocate effectively?


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Legality of Charity Lobbying Overview

Origins of Federal Restrictions Tradeoff for tax-deductible contributions

Sources of Federal Restrictions IRS – restricts all 501 (c)(3) nonprofits OMB A-122 Circular – Prohibits use of federal

funds for lobbying and political activity - 1984

Grant contract – Contractual restrictions are another possible restraint on the use of particular funds for lobbying


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Letter from the IRS

Center for Lobbying in the Public Interest – answers nine key questions regarding the legality of nonprofit lobbying

A common misunderstanding among charities is that the clear prohibition on using federal funds to lobby prevents them from using other funds for lobbying

www.clpi.org


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Legitimacy of Nonprofit Advocacy

Why advocate for change in public policy? Serves your mission and clients Serves policymakers by providing information and

solutions Contributes to better public policy outcomes Promotes civic participation and democratic values It feels good


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Lobbying!

It’s the right thing to do! Basic to our democratic way of life It is perfectly legal If you don’t lobby, you may miss an opportunity to

help those you serve If you are not at the table, who will be? Provide a voice for many who do not have access

Three Execs in the countryside


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IRS Definition of Lobbying:

Contacting or urging the public to contact legislators for the purpose of proposing, supporting or opposing specific legislation

The organization advocates the adoption or rejection of specific legislation


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Electioneering

Charities are prohibited by law from engaging in electioneering

Neither party has a monopoly on brains or ethics


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Penalties:10% excise tax -

organizationsIndividualsLoss of tax

exemption


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Allowable Quasi-political activity:

Voting RecordsQuestionnairesPublic ForumsAwards


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Allowable political activity:

Voter Registration Transportation to elections

Cannot target a particular demographic to the exclusion of another


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Contributions Volunteering Letters of Support

Individual Political Activities:


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Developing an Effective Advocacy Program

The Three-legged Stool Grassroots Media Legislative


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Meeting with your legislator

1. Nervous? You know more about the subject

2. Advance appointment important

3. A small delegation is OK – and may be better

4. Discuss issue from your legislator’s perspective


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Meeting with your legislator (continued)

5. Can’t answer a question? Don’t bluff, but offer to get answer

6. Leave fact sheet7. Write - say thanks -- remind legislator

of agreements reached


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Grassroots

“All politics is Local” – Tip O'Neill – What does this mean?

The power of grassroots emanates from the fact that politicians should be responsive to their constituents

In fact, most politicians do believe they should be responsive, and are looking for input from constituents


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Steps to Developing Your Grassroots Leg

Recruit your advocates: Characteristics of good advocates Involve board members, staff and volunteers Diversity Gather perspectives

Develop your advocates and tools Letter writing, telephone calls, E-mail, action alerts, thank

you letters

Assess technology Build coalitions


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Media Leg of Your Advocacy Plan – Start With Goals

Discuss why the media is necessary for an advocacy plan

Learn what is newsworthy- Who’s perspective? Understand the components of crafting a

message for the media Become familiar with media tools and rules Gain experience crafting the message


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Promoting Your MessageBuilding Healthy Media Relationships

Get to know the media in your area Develop a press contact list Keep in contact with your media people


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Legislative Leg of Your Advocacy Plan

Identify how government impacts your mission: Laws, regulations, funding Local, state, federal government

Target specific public policy changes Just a few strong issues

Understand the legislative process Stay informed on legislative action Activate your organization to impact

legislative process


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Telephone Advocacy

1. Telephone call can be very persuasive. Tool for both direct and indirect advocacy

2. Keep it brief and to the point3. Don’t always need to speak to the

legislator4. Calling legislator’s district office is as

important as calling the capitol office. Depends on the individual legislator, or

relevant staffer


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Email & Faxes to Congressional Offices:

1. 90% of Congressional offices receive constituent emails, but emails from outside the Congressional district are generally not important.

2. Email not preferred method for legislators to communicate with constituents. It is the preferred method for staffers to communicate with advocates.


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Emails and Action Alerts Q: How many advocacy emails does

Congress receive per year? 500 million email sent to Congress in 2009 Increased 200% in 5 years, 300% over 10

years

Q: What percentage actually get through?

Actual numbers vary from 70% - 20%

CapwizXC higher than industry average


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Other ways to communicate:

Invite legislator to:

a. Visit your facilityb. Speak at a meeting sponsored by your groupc. Meet with your boardd. Attend breakfast meeting at state capitol


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Charity Challenge

Recognize the importance of collaboration

Set aside our differences as sub-sectors – think as one sector

Support enforcing existing laws – 100’s of cases

IRS is under-funded – voluntary support of ethical behaviors (hiring 1,600 additional agents)


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PA Lobby Disclosure and Penalties

Individuals who fail to register, fail to report spending, or file false or incomplete statement could face a $50 penalty for every day failure to properly register, a fine of up to $2,000 and could be banned from lobbying for up to five years.

Organizations that intentionally fail to report spending could face up to $25,000 in fines and possible criminal prosecution by the State Attorney General.


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Accounting Manual:

Committee required to provide Accounting Manual A Preliminary Accounting Manual is just a necessity to

use for the First and Second Quarter Reporting periods

Act says you “may use any reasonable methods of estimation and allocation” to calculate your reportable expenses

Acceptable methods of accounting include Cash Basis, Accrual Basis, Modified Accrual


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PA Government Offices

Pennsylvania Department of State, Bureau of Campaigns Elections & Legislation Web: http://www.dos.state.pa.us/Email: [email protected] Phone: (717) 787-5280, Fax (717)787-2854

Pennsylvania State Ethics Commission, Legal DivisionWeb: http://www.ethics.state.pa.us/Email: [email protected] (for technical questions)Phone: (717) 783-1610 or Toll Free at 1(800) 932-0936

Pennsylvania Office of Attorney GeneralWeb: http://www.attorneygeneral.gov/theoffice.aspx?id=2099 Email: [email protected]: (717) 787-3391


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Formal vs. Informal Inquiries

UNOFFICIAL ANSWERS: For Answers to questions on Forms and filings, contact the Pennsylvania Department of State, Bureau of Campaigns Elections and Legislation (the Bureau)at [email protected] or (717) 787-5280.

OFFICIAL ADVISORIES:

For Official Advisories regarding compliance with the Act, contact the Pennsylvania State Ethics Commission, Legal Division (the Commission) at [email protected], (717) 783-1610 or Toll Free at 1(800) 932-0936 or go to http://www.ethics.state.pa.us/ethics/cwp/view.asp?

a=3&Q=81588


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For more information

Contact PANO via email at [email protected] or www.pano.org or phone at (717) 236-8584

PANO is the statewide membership organization advancing the charitable nonprofit sector through leadership

education and advocacy in order to improve the quality of life in Pennsylvania.

the nonprofit partnership's 10th annual northwest pennsylvania nonprofit day

Documents