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Friday Five: June 24, 2016

Happy June 24th! We’re dancing for joy that it’s Friday.

On this day in 1374, a sudden outbreak of St. John's Dance caused people in the streets of Aachen, Germany, to experience hallucinations and begin to jump and twitch uncontrollably until they collapsed from exhaustion. In some cases, people suffered from cardiac arrest or died from injuries.

We would like to revise and amend our opening paragraph: we are… sitting with joy that it’s Friday. Calmly.

Here are five must-reads (one of them is actually a must-watch) from and about the nonprofit world:

1) Osocio is a central online hub dedicated to social advertising, defined as advertising from nonprofit organizations that seeks to connect us with other human beings. The embedded video from Agency Jung von Matt/Limmat AG does a great job of visualizing what it’s like to live with fear and significant anxiety. Anxiety is an ‘invisible’ illness, and the two agencies are doing important work to illustrate that people may be dealing with burdens and challenges we know nothing about and encouraging us to think more broadly about mental health:
http://osocio.org/message/fear-is-a-serious-disability/

Learn more about Osocio here: http://osocio.org/about-osocio/

2) Can spreadsheets really get you fired? If they’re combined with hubris and overconfidence, absolutely. Brian Lauterbach at Network for Good digs into his own past so that you can learn from his mistakes and avoid a similar fate:
http://www.networkforgood.com/nonprofitblog/how-spreadsheets-got-me-fired/

3) If you’re a board member who’s wondering how to lean in towards board activity or looking for ways to make your nonprofit better, this blog has some great suggestions for you—everything from learning staff members’ names to insisting to the executive director that “Yes, it is totally acceptable for you to buy a better chair so you won’t be suffering from constant back pain.” Read all about it:
http://nonprofitwithballs.com/2016/06/25-things-awesome-board-members-do/

(There’s also a great link in the 25 Awesome Things article to another article on why the Oxford Comma is so essential. #OxfordCommaForever! http://nonprofitwithballs.com/2016/04/the-role-of-the-oxford-comma-in-nonprofit-communications/ )

4) Culture, culture, culture. The disastrous collapse of the Healing Arts Initiative, a New York City-based nonprofit that made arts accessible to isolated and marginalized people, should remind everyone that even if you’ve got a badass executive director who can ferret out corruption like a private eye, it’s all for nothing if you don’t have the right culture in place:
https://nonprofitquarterly.org/2016/06/10/culture-suck-how-a-bad-ethical-culture-can-doom-a-good-nonprofit

5) Shane Bauer (the American journalist who spent two years in prison in Iran) worked with The Mother Jones Investigative Fund to go undercover as a U.S. prison guard at a privately-run (vs. government-run) prison in Louisiana to expose the prison industrial complex. Bauer’s article is thorough, phenomenal and deeply disconcerting:
http://www.motherjones.com/politics/2016/06/cca-private-prisons-corrections-corporation-inmates-investigation-bauer

This has been the Friday Five. Join us next week for help staying on top of pertinent nonprofit articles, topics , and insights, and remember to contact us (link to info@b-alaw.com) if you have any questions about your own nonprofit or board!

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Friday Five: June 17, 2016

It’s time for another Friday Five. We’re more than halfway done with June, people. June. Where did the year go? Why is time passing more quickly? Where are the songs of yesteryear[1]?

We do not have answers to these questions. But we do have five must-read articles covering the not-for-profit sector. Behold:

1) This is big: As of yesterday, June 15, the IRS is publishing all 990 forms and filings from all not-for-profit organizations on its website. This means you won’t have to request a 990 from an organization and wait days, weeks, or months for a response—you can just search the site. Sunlight Foundation has the details:
 http://sunlightfoundation.com/blog/2016/06/16/irs-opens-up-form-990-data-ushering-nonprofit-sector-into-the-age-of-transparency/

2) Sometimes, the good guys win one. Ripmedicaldebt.org has been fighting the good fight on behalf of individuals struggling with overwhelming medical debt since its founding in 2014. Now HBO host John Oliver has given the organization—and several people in debt—a massive boost by buying off their debt so no debtor organizations can further harass the individuals. It’s the single biggest medical debt transaction of its kind in history:
https://nonprofitquarterly.org/2016/06/07/john-oliver-exposes-secondary-medical-debt-collection-practices/

More here: http://www.winknews.com/2016/06/06/john-oliver-buys-and-forgives-15-million-in-debt/

3) This next link isn’t as bad as the headline makes it sound. The Boston Globe’s ‘Spotlight’ investigative reporting team helped catch a foundation operator who embezzled $52 million; NPQ makes the good point that haven’t been any safeguards added or strengthened regarding philanthropic foundations to prevent criminal activity from happening again: 
https://nonprofitquarterly.org/2016/05/25/spotlight-teams-story-foundation-abuses-ends-loss-52m-despite-expose/?utm_content=28912911&utm_medium=social&utm_source=twitter

4) Friend of the blog Gene Takagi is going to be on a June 28 panel that covers  the ethics and legalities of crowdfunding—a timely topic as Kickstarter, Indiegogo, and Seed & Spark continue their march towards world domination, and an important one given how much the transparency and regulatory requirements for fundraising vary from state to state: http://www.nonprofitlawblog.com/legal-and-ethical-crowdfunding-for-non-profits-an-aba-webinar/

5) A useful Starfish Impact link from April: Nonprofit numbers to pay attention to, and numbers not to worry about as much:
https://starfishimpact.com/2016/04/why-some-of-the-nonprofit-numbers-dont-mean-as-much-as-you-think/

Keep your eyes peeled for more dispatches, and feel free to contact us with any questions you may have about the not-for-profit world!

[1] Probably on Spotify. And yes, we know it’s ‘snows,’ but we don’t get snow in L.A.

 

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Friday Five: May 6, 2016

Happy Friday! We can confirm the old saying that April flowers bring May showers because today, it’s raining. Or is it sprinkling? [1]

1) Our first book recommendation to crack the Friday Five is Adam Grant’s Give and Take, a tremendously heartening read for anyone involved with philanthropy or volunteering. Grant is the youngest tenured professor at Wharton Business School in its history, and one can clearly see why in his insightful, thoughtful prose.

Give and Take identifies three different types of people — givers, matchers, and takers — and makes a firm, evidence-based case that being a giver can be beneficial to your career and life… as long as you’re giving without expectation of a direct benefit and making sure to take care of yourself.

About the only complaint one can make about Give and Take is that it follows the familiar Malcolm Gladwell formula of blending anecdotes (complete with twist endings) data and pop psychology to a T. That being said, there’s bad ersatz Gladwell and good ersatz Gladwell; Give and Take falls firmly into the latter category:
http://www.powells.com/book/give-take-a-revolutionary-approach-to-success-978067                 0026555/1-12

2) ICYMI: Gene Takagi’s rundown on everything wrong with California Assembly Bill 2855, and how to stop it:
http://www.nonprofitlawblog.com/oppose-california-ab-2855-the-required-overhead-disclosure-bill/

Our signal boost for AB2855 opposition is here:
http://b-alaw.com/blog/2016/5/4/ab2855-is-a-very-bad-bill-for-nonprofits-why-did-it-advance-through-committee-and-how-can-you-help-stop-it

3) Beth was interviewed by Urban Wealth Management, which is hosting a great series of discussions with leaders in the world of philanthropy. Learn exactly why it’s so important for nonprofits to “think private, act public”:
http://urbanwm.com/blog/your-life-your-legacy-conversation-beth-bergman

4) Applying for a job? Nonprofits with Balls, a blog worth following has a nonprofit-specific list of things not to do. # 1: Don’t use the font Comic Sans. [Ed: People actually use that font? How? WHY??] A more surprising and counterintuitive tip is that you should take notes during the job interview.
http://nonprofitwithballs.com/2016/04/hey-job-applicants-stop-doing-these-dumbass-things/#more-3358

5) Roz Lemieux, the CEO of Attentively and founding partner at Fission Strategy, has a guest post at Beth Kanter’s blog on how nonprofits can best use social media. She talks in detail about the importance of “social listening," i.e., paying attention to what your followers are saying on the various online platforms. Since Beth literally wrote the book(s) on how nonprofits should best use social media, this is a blog entry you don’t want to miss:
http://www.bethkanter.org/social-listening/

That’s all for this week. Join us next week for your updates on what's new in the nonprofit world!

[1] Disclaimer: Accuracy compels us to acknowledge that as of press time, it is not yet raining in LA, but it’s raining somewhere.

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AB2855 is a very bad bill for nonprofits.

HERE'S WHY YOU SHOULD HELP STOP IT.

Zombie bill AB2855 in the California assembly refuses to die, despite its potential to cause an outbreak of unnecessary costs and burdens.

The indispensible Gene Takagi has a thorough analysis and roundup of the opposition here : http://www.nonprofitlawblog.com/oppose-california-ab-2855-the-required-overhead-disclosure-bill/

Short version:  AB2855, proposed by Democratic assembly member Jim Frazier (D-Oakley), just survived a committee vote to advance to the full California Assembly. If the bill becomes law, it will require each and every nonprofit that fundraises in California to add a so-called ‘warning label’ to any fundraising or fundraising-related document that it distributes linking back to the CA Attorney General’s website. This may not sound like a big deal, but think about how many fundraising documents nonprofits put out, and the burden of updating each one. Calnonprofits has a short, incomplete list:

“…[S]igns on coin collection jars, private letters to individual donors, billboards and other large-scale outdoor advertisements, flyers posted in laundromats, neighborhood association newsletters, to name just a few.”

Furthermore, there are no controls in place as to what could be on the Attorney General’s site. As Tim Delaney, chief executive of the National Council of Nonprofits, notes: “Such legislative  language puts nonprofits at the mercy of an elected partisan’s changing views on what’s “appropriate” on such things as overhead, compensation, and advocacy – as well as which charitable causes are worthy.” [emphasis ours]

Worse yet, there are serious Constitutional issues around AB2855; the potential lack of compelling governmental interest poses a serious freedom of speech question. But that does not mean that we can rely on state or federal courts to halt the bill before it becomes law.  

Finally, there is absolutely no need for this bill. Nonprofits are already carefully regulated by the Federal Government, the IRS and the California state government. This bill will impose an expensive and pointless burden on every California nonprofit of every political stripe.

It’s important to note that Gene Takagi almost always uses measured, neutral language to describe events. Pay attention to how he describes this bill:

AB 2855 is a dangerous bill that threatens nonprofits raising funds in California and reflects several Assemblymembers’ lack of understanding of the nonprofit sector’s work… If this bill passes, it will rank among the worst laws in the country in its characterization and treatment of nonprofits.” [emphasis ours]

Dangerous. Among the worst in the country.

Bergman and Allderdice rarely recommends direct legislative action, but this is a nonpartisan issue that will affect every nonprofit in California if it’s passed.

Please take the time to review Gene’s analysis . If you agree with it and live in California, take ten minutes to do the following:

1)  Call Assemblywoman Lorena Gonzalez, chair of the appropriations committee  at (916) 319-2080 to let her know you oppose AB2855 because it will harm nonprofits; and

2) Contact your own Assembly Member with the same message. Click here (http://assembly.ca.gov/assemblymembers) to find out how to contact your Assembly Member.

With your help, we can stop this burdensome, unnecessary, and dangerous bill before it gets any further.

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Friday Five: March 25, 2016

March is flying by faster than the two comets which just zoomed by Earth: As of Saturday, March 19, it’s now officially spring*. For nonprofits, spring can be a good time to take stock of the year and reassess their approach to outreach. Here are five cool and useful outreach-related stories to learn from and to brighten your day:

That’s all for this week. We’ll see you next week as we edge closer to April. Remember that we’re here for all your nonprofit needs, and we always offer a free, in-person consult, right off the 7th and Figueroa subway stop. Yes, L.A. has a subway!

In the meantime, drop us a line at info@b-alaw.com or call us at (213) 736-5101. We’re here to help.

_______________________________________________________________________________
Technically, for some people, spring arrived Sunday, March 20—it varies by the time zone you live in. More from almanac.com: http://www.almanac.com/content/first-day-spring-2016-vernal-equinox

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Topical Tuesday: March 8, 2016

Topical Tuesday: March 8, 2016

All right, folks, it’s March, the month legendary for entering like

Panthera leo

and leaving like

Ovis aries

,

having somehow mysteriously transformed.* We have five links for you to read which will brighten your Tuesday:

·

What is the one question that stumps most non-profits? Envision Consulting can tell you:

http://www.envisionnonprofit.com/our-blog/180-nonprofit-strategic-plan

·

The Atlantic

has a great deep dive from Amy Schiller on the new trend of “marketized philanthropy,” and she raises some troubling questions about it:

http://www.theatlantic.com/business/archive/2014/05/is-for-profit-the-future-of-non-profit/371336/

·

Shameless plug on behalf of one of Bergman and Allderdice’s new clients: Pledgling makes fundraising easier for nonprofits by using online tools to exponentially increase your organization’s visibility while keeping all transactions simple and secure. Are you a nonprofit seeking fundraising assistance? Learn more here:

https://www.pledgeling.com/about/

and here:

https://www.pledgeling.com/faq/

·

For individuals prepping their taxes, make sure to list any bartering income from work you’ve done. Yes, bartering income counts as income:

https://www.sfwa.org/2016/03/ask-tax-czarina-bartering/

·

The Hero Initiative

is an organization that helps make sure comics creators have a safety net as they get older. Cartoonist Roy Heath tells his story (in comic form!) about being ripped off by Roy Lichtenstein and how The Hero Initiative helped him:

http://comicsalliance.com/russ-heaths-comic-about-being-ripped-off-by-roy-lichtenstein-will-give-you-a-new-appreciation-for-the-hero-initiative/

Bonus link:

The

Chronicle of Philanthropy’s

March cover story, “Killing Sacred Cows,” is a fascinating, thought-provoking look at how some daring organizations are choosing

not

to apply for certain grants or hold fundraising galas; top honors for the gutsiest org goes to Communities in Schools, which turned down a $500,000 grant because there were too many restrictions attached. The article is behind a paywall, but it’s worth subscribing to

The Chronicle

just to read the article. It could permanently change the way you fundraise:

https://philanthropy.com/article/Killing-Sacred-Cows-Charities/235472

That’s all for this Tuesday. Got legal questions about nonprofits, incorporating, fundraising, compliance, or anything else? Bergman and Allderdice offers free consults. Hit us up at

info@B-alaw.com

or give us a ring at (213) 736-5101.

_________________________________________________________________________________

*ED—Congratulations. Everyone now knows you know Latin. Show-off.

(Me: It’s worse than that. I had to look those up on Wikipedia.)

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Friday Five: February 26, 2016

Friday Five: Five Useful Articles for February 26, 2016

It’s been an eventful February in the nonprofit world—the death of Supreme Court justice Antonin Scalia, ongoing laws being proposed and passed in state legislatures, and, of course, the ever-closer April 15 deadline for annual tax filings.

Here are five links to help you through the cold (Okay, cold for those of you in the northern half of the country. We live in L.A. We’re only dimly aware of this thing called “weather”):

• The inimitable Gene Takagi at NEO law group has a set of 5 helpful fundraising tips for nonprofit organizations:

http://goo.gl/lQQONN

• The conservative blog The Federalist highlights some potential problems with Donald Trump’s veterans charity donations:

http://goo.gl/RHytHz

• The Nonprofit Quarterly is not impressed with Facebook’s new “Facebook for Nonprofits” site. (ED—One small disagreement w/ Nonprofit Quarterly: based on personal experience, some nonprofit orgs are not up to date with Facebook pages, and will probably find the page useful—G.M.)

http://goo.gl/VMZAmR

• JDSupra Business Advisor illuminates the additional scrutiny that Congress is bringing to colleges’ large endowment funds:  

http://goo.gl/WmJQB8

• Finally, the creators of thatswhatshesaid, a new one-woman show which extensively quotes other recent plays, are duking it out with play publisher Samuel French over fair use Arts administrator Howard Sherman has an interesting and balanced look at the case:

http://goo.gl/fQJhPA

Written by Erin Pike and Courtney Meaker, thatswhatshesaid, critiques the female character descriptions in the ten most produced plays of 2015, but it’s constructed entirely from quotations from those ten plays, and used without the playwrights’ permission. * Samuel French sent a cease-and-desist letter; the actress and director are fighting back.

Got non-profit questions? Send them our way at info@b-alaw.com, or call us at (213) -736-5101. And remember to follow us on twitter @bergmanalldlaw for more updates!

_______________________________________________________________________________

*The concept of fair use allows a creator to quote other works for purposes of ‘criticism,’ but there isn’t a whole lot of straightforward precedent to rely on in general, and particularly with this case.

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Keynote Address by Director Annie Donovan at the 2015 CDFI Coalition Institute

Thank you, Ray, for your kind words. I also would like to thank the CDFI Coalition for giving me this opportunity to speak, and for their longstanding support for the CDFI Fund and the CDFI industry. It is an honor and a pleasure for me to join you here today at the 2015 CDFI Coalition Institute.

A National Treasure

In my first week on the job, I sent out an electronic message to the industry in which I described the network of CDFIs that exists today as a “national treasure.”  This phrase resonated with many people, who either tweeted or retweeted it, or remarked to me though e-mails and personal conversations that they couldn’t agree more with that description.

Why are CDFIs a national treasure?  In my view there are many reasons, but today I would like to focus on just two.  The first, and most fundamental reason, is that CDFIs have demonstrated through a track record of performance over the past several decades that low-income people and low-income communities are credit worthy.  Sometimes I think that because this is an assumption so many of us made when we embarked on this work, we forget to stop and reflect on just how powerful an outcome this is. CDFIs have demonstrated that low-income people and low-income communities are credit worthy.

How do we know this? Because CDFIs report default rates that are more or less commensurate with traditional financial institutions, because CDFI balance sheets continue to grow, because mainstream investors continue to invest in CDFIs, and because very few CDFIs have failed over the past two decades, even during the financial crisis.

Today, the CDFI Fund is releasing two reports that we commissioned.  The first is “Stepping into the Breach: An Impact Evaluation Summary Report” by Michael Swack and his team at the University of New Hampshire.  The second is “Risk and Efficiency among CDFIs: A Statistical Evaluation” by Gregory Fairchild and his team from the University of Virginia and Stanford University.  You already heard from Greg Bischak and Gregory Fairchild a short time ago on the Risk and Efficiency report.  Tomorrow, Greg Bischak will dive into the results from the Impact Evaluation report.  The good news these reports reveal is that CDFIs are disproportionately serving distressed communities and minority borrowers.  Moreover, during the great recession, when conventional financial institutions pulled back and accumulated cash on their balance sheets, CDFIs pushed forward. You stepped into the breach and acted as a countercyclical force in hard hit communities. CDFIs actually grew as a result. And, the Fairchild study found that regulated CDFIs, though they serve markets that are assumed to be inherently more risky, are no more risky than other financial institutions.

The second reason that CDFIs are a national treasure is because CDFIs have become a platform for social innovation in low-income communities.  With your ears to the ground, and your unrelenting belief in the virtue of the people you serve, you are often the first to see opportunities and create solutions that others miss.  From affordable housing, to child care, charter schools, health centers, small businesses, transit oriented development, and the arts,  CDFI are on it! 

An example I heard about recently that I think clearly demonstrates this innovation and how it is transforming the lives of people and communities is occurring in Cuyahoga County Ohio, the county in which Cleveland is located.  The Nonprofit Finance Fund and The Reinvestment Fund helped finance a social impact bond to support a program that is keeping families facing homelessness together.  By fostering a partnership between women’s homeless or domestic violence shelters and the Division of Children and Family Services, women with children are being provided assistance to help them acquire housing and health services quickly so that they can regain custody of their children, who are automatically placed into foster care upon arrival at the shelters.  This program is an example of innovation that could reduce the number of children in foster care in Cuyahoga County by 1/3, and prove to be a significant cost saver for the county, all while stabilizing and reuniting families at a time of great need.

A Model That Works

CDFI certification is often used as a shortcut to eligibility for other government programs because your effectiveness is broadly understood.  For example, the majority of funding granted by the Department of Education under its Credit Enhancement Program for Charter School Facilities goes to CDFIs.  In its inaugural funding round for social impact bond intermediaries, the Social Innovation Fund this year granted more than 45% of its resources to certified CDFIs.  I participate in many interagency meetings in which sister federal agency want to know: how can we leverage the power of CDFIs to accomplish our social objectives?

CDFIs are demonstrating how to leverage federal funding with private investment to create responsible savings, lending, and investment products that create economic opportunity in low-income communities.  Are there inefficiencies in serving these populations? Yes, there are.  Is there a need for development services and financial education to be coupled with CDFI products?  Yes, in many cases there is.  But I believe that CDFIs are leaders in designing and delivering smart tools for communities.

The First 20 Years – A Look Back At Our Successes

The CDFI Fund celebrated its 20th anniversary last September. I have to say, I clearly remember when the CDFI Fund was created, and it doesn’t seem quite possible that it was 20 years ago.

Back in the early 1990s, there were organizations across the country that were dedicated to providing financial products and services in underserved low-income communities, of course, but there was no federal mechanism for certifying and supporting them. That changed on September 23, 1994, when President Bill Clinton signed the Riegle Community Development and Regulatory Improvement Act. The new legislation authorized the creation of the Community Development Financial Institutions Fund, a new federal agency dedicated to creating and increasing the number of CDFIs serving our nation’s low-income communities.

The Riegle Act was the upshot of candidate Clinton’s proposal to create a network of community development banks in the United States. It also was the product of the dedication and hard work of a group of leading community finance practitioners that came together to contribute policy recommendations and lead a grassroots campaign to secure the passage of the bill. That group eventually became the CDFI Coalition, and all of us in the industry can be grateful for their efforts back then and in subsequent years.

I have to think that the CDFI industry that has emerged over the two decades since the signing of the Riegle Act has surpassed even the most wildly optimistic visions of the Clinton Administration and those early CDFI practitioners (and I was one of them, so I can speak for myself). Today, there are 933 certified CDFIs in the United States. That total includes 508 loan funds, 243 credit unions, 109 banks, 59 depository holding companies, and 14 venture capital funds. There are CDFIs in all 50 states, as well as the District of Columbia, Puerto Rico, and Guam.

We have demonstrated that there is a tremendous demand for our services—that low-income communities need and want the services that CDFIs provide, and use them.

We have demonstrated that low-income communities are untapped sources of innovation and creativity—that there are people in these communities who will make the most of the opportunities our services provide.

We have demonstrated that there are thousands of people all over the country who are passionate about doing this work, who will do what it takes to start a CDFI and keep it going, and who will work unbelievably hard to develop new ways to meet the needs of the communities they serve.

We have demonstrated that there are mainstream banks and other investors who want to invest in low-income communities and will form productive partnerships with CDFIs and Community Development Entities.

We have demonstrated that our programs work—that they generate new economic opportunity in communities where businesses, and jobs, and affordable housing, and opportunity have long been in short supply.

And we have demonstrated that the federal government has a critical role to play, in partnership with others, in fighting poverty and can indeed do great things to lift up low-income communities and support the local organizations that serve them.

And that’s why I believe that the CDFI Fund—and the entire CDFI industry—is truly a national treasure.

Mapping The Future – A Call To Action

I also believe that those of us who have the privilege of working in this industry are charged with the responsibility for protecting this national treasure. I can assure you, that’s something that all of us at the CDFI Fund are committed to. We are committed to building on the strong foundation that so many people have helped to build over the past 20 years and to doing everything we can to make sure that the future of the CDFI Fund is a great as its past.

Which brings me to the topic of the CDFI Fund’s priorities going forward.

You have just heard from the panel of CDFI Fund managers about the plans for some of our key programs, and I hope it was abundantly clear from their remarks that the CDFI Fund has an ambitious plan for 2015.

But we also will be looking beyond 2015. This year, in addition to managing all the programs and services that we provide to the industry, we will be developing a new comprehensive five-year strategic plan for the CDFI Fund.  We won’t be developing this plan in isolation. The process will be informed by the perspectives of the CDFI Fund’s Advisory Board, Treasury officials, and members of the CDFI industry.

What I want above all is for 2015 to be a year of listening for the CDFI Fund. To that end, I am pleased to announce that we will be conducting a series of listening sessions later this summer at a number of locations around the country. The goal is to get input from the industry and the public about where the field needs to go in the future and how the CDFI Fund can help it get there.

We are just now beginning to plan these listening sessions, but at this point I can say that we will be looking for comments and suggestions on six broad topics:

  1. Data – How we can use data to strengthen the industry and increase our impact. While the findings in the reports released today are promising, they still don’t tell the whole story of the impact CDFIs are having. There are many questions that the authors acknowledge they just can’t answer because the data is limited.  This is a condition we must change if we are to strengthen and grow what we’ve so painstakingly built over the decades.

  2. Innovation – How can the CDFI Fund best support CDFIs to continue to innovate? What innovations are most needed in communities today?

  3. Growth and Impact – Can we take what we’ve built and scale it?  How do we deepen our impact? How do we support transformation and not just transactions? How do we move needles?

  4. Access - What do we need to do to reach communities that need CDFIs but are not being served by them?

  5. Operations and customer service – What works well at the CDFI Fund and what needs to be improved?

  6. What are we missing - What are the issues that should be on our radar screen at the CDFI Fund but are not?

We will release detailed information about these listening sessions, including the schedule and locations, later this spring. Please stay tuned.

In addition to conducting the listening sessions, we will be inviting anyone and everyone to submit their comments and suggestions to us by email at thenextfiveyears@cdfi.treas.gov and on a special page, The Next Five Years, on our website.

Needless to say, we hope to hear from you. In fact, we’re counting on it. The members of the CDFI Coalition have been such a vital part of the CDFI Fund’s past, and we need you to be a vital part of our future.

So please join us at one of the listening sessions or at least send us your ideas, your suggestions, your dreams for the future of the CDFI Fund and the CDFI industry. If you do, I can promise you that you will be heard. Your suggestions will be carefully reviewed during our strategic planning process and will help guide us in our thinking.

Motivation As A Foundation For The Future

You know, it’s helpful to celebrate anniversaries because they mark milestones. We’ve come a long way over the past 20 years.  And yet, we all know there is much work still to be done.  I continue to be personally energized by the promise of this important work and by our continued collaboration. 

Whether you’ve been doing this work for 20 or 30 years or you’re just starting out, I encourage you to stay connected to what drew you into community development finance to begin with.  For me, it was my experience as a Peace Corps Volunteer over 25 years ago.  I was assigned to a rural fishing village on the eastern tip of Jamaica. One day, I had gone to a neighboring community to do some work when a heavy storm rolled in.  Upon returning home, I got off the bus to find that the dirt road leading to my house had literally turned into a river.  I didn’t know what to do.  Then I heard someone calling my name from way up on a hillside.  It was my neighbor.  She was waiting for me, holding a plastic bag over her head for protection from the rain.  She showed me an alternative path through the bush that led to my house.  It sure beat swimming home! 

That experience made me realize that we are all interdependent, regardless of socio-economic status.  It cemented my commitment to work to ensure that economic opportunity is as widely available as possible.  Everyone deserves the opportunity to reach their highest potential in life. I am certain that there are lots of these kinds of stories in this room.  I encourage each of you to recall your own story and to draw on it as we embark on the next decade of this journey to connect capital with underserved communities.  

I am very much looking forward to our collaboration to protect and grow this national treasure that is the CDFI network.

Thank you!

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The Nonprofit Revitalization Act of 2013


On December 18, 2013, New York Governor Andrew M. Cuomo signed the Nonprofit Revitalization Act of 2013 into law.  The Act, which is an overhaul of New York’s antiquated and burdensome nonprofit law, became effective as of July 1, 2014.

The general purposes of the Act are to:
  • eliminate unnecessary administrative and procedural burdens;
  •  modernize the New York nonprofit law; and
  •  strengthen governance through compliance with certain best practices.
Some features of the new law are as follows:
  •  It abandons the four types of nonprofit corporations (Types A, B, C, and D), and replaces them with two types – “charitable” and “non-charitable”.  All Type B, C, and Type D entities formed for a charitable purpose will now be designated “charitable” and all Type A, and all other Type D entities will now be designated “non-charitable”.
  • It allows use of electronic mail to transmit board and membership meeting notices and other communications, and permits board members to attend meetings via Skype and video conference;
  • It provides for a one-step approval process (e.g. Attorney General review) for any charitable corporation seeking to sell, lease, exchange, or dispose of all or substantially all of its assets, merge, consolidate, or change its purpose.  Formerly, approval was a lengthy and costly two-step process which consisted of Attorney General review followed by court approval.
  • Entities with 20 or more employees and annual revenue in excess of $1M must adopt a whistleblower policy, protecting directors, officers, employees and volunteers who report suspected improper conduct from retaliation.
  • Every nonprofit must adopt a conflict of interest policy, ensuring that directors, officers and key employees act in the nonprofit’s best interest.
  •  For nonprofits with fewer than 21 directors, approval of non-substantial real estate transactions requires the vote of a majority of the directors (formerly required vote of two-thirds of the directors), and approval of transactions involving property that constitutes all or substantially all of the nonprofit’s assets will require the vote of two-thirds of the directors.
Read the text of the Nonprofit Revitalization Act of 2013.

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Balancing Profit and Purpose: The B Corp and the Benefit Corporation


Today’s blog entry seeks to clarify the confusion between “B Corp” and “benefit corporation”, which terms are commonly and incorrectly used interchangeably, and speak to the features and requirements of both. 

It all started with B Lab, a nonprofit organization responsible for (a) writing the benefit corporation legislation that has now been enacted by 26 states and D.C., and (b) overseeing and administering the private “B Corp” certification process.  A benefit corporation is a type of entity under state law, and B Corp certification is a private certification conferred by B Lab on business entities that apply for such certification. 

As of August 2014, B Corp certification has grown into a community of 1,052 B Corp entities in 34 countries (739 in the United States alone), spanning 60 industries, approximately 20 of which are in the U.S. legal services industry.  The benefit corporation is a recent phenomenon, first appearing in 2010 in Maryland.  Companies like Dogeared, EO Products and Patagonia (the first benefit corporation in California), are both certified B Corps and benefit corporations.

Here are some of the key characteristics of the B Corp and benefit corporation:

Becoming a Certified B Corp
  • Any type of for-profit entity can apply to B Lab to become a certified B Corp.
  • To become a B Corp, one must (a) complete the “B Impact Assessment Survey” and score at least 80/200, (b) sign a Term Sheet and Declaration of Independence, and (c) if required, amend its governing documents to include the “B Corp Legal Framework” which requires that the company consider the impact of its decisions not only on shareholders but also its employees, customers, suppliers, community and the environment.
  • B Corp certification is for a two-year term and subject to an annual certification fee ranging from $500 – $25,000 annually (based on the B Corp’s annual sales).
  • B Corp certification is similar to a license and may be terminated.
Becoming a Benefit Corporation
  • A benefit corporation is legal entity and specific type of corporation that may only be formed in a state (including California) that has enacted legislation authorizing its creation.
  • Every benefit corporation is required by law to have a general or specific (optional) public benefit purpose.
  •  An existing corporation can become a benefit corporation by amending its Articles of Incorporation and Bylaws.
  • A change to or from a benefit corporation is a corporate entity change that requires 2/3 shareholder approval.  Any shareholders who vote against a conversion from a corporation to a benefit corporation can force the corporation to purchase their shares at fair market value.
Expansion of Fiduciary Duties 
Traditionally, a director’s and officer’s obligation is to manage the corporation to provide a return to its investors.

The B Corp certification attempts to modify the fiduciary duties of the governing body and officers by requiring a company’s governing documents to state that they must consider multiple stakeholders, not just shareholders.

The benefit corporation creates a new legal framework that requires directors to consider “shareholders, workers, suppliers, customers, the community and society at large, the local and global environment, and the short and long terms interests of the benefit corporation”.  Likewise, the officers must consider the impacts of their actions on the same group.  Therefore, in addition to traditional responsibilities, a director or officer of a benefit corporation must also consider the general or specific public benefit of his or her actions.

Benefit Enforcement Proceedings 
A benefit corporation is subject to a “benefit enforcement proceeding,” a unique cause of action asking the court for an equitable remedy to require the benefit corporation to pursue its general or specific public benefit.  A benefit enforcement proceeding may only be brought by the corporation itself, a shareholder or director, and persons specified in the corporation’s articles or bylaws as beneficiaries of the corporation’s purpose.  The benefit corporation cannot be found liable for monetary damages; however, if the court finds that the benefit corporation’s failure to comply with the Benefit Corporation Law was without justification, the court may award the plaintiff its reasonable attorneys’ fees and costs.

Reporting & Audits 
B Lab makes the results of each B Corp’s “B Impact Report” publicly available on its website, and B Lab randomly audits 20% of all B Corps over the two-year certification period.

The benefit corporation law imposes reporting requirements by requiring a benefit corporation to prepare a special annual report (called a “benefit report”), which includes information such as how it pursued its general or specific public benefit, any circumstances that hindered the pursuit of a general or any specific public benefit, and an assessment of its social and environmental performance.  The benefit report must be made available to the public on its website, if any, or otherwise a copy must be provided without charge to anyone requesting it.

Choosing a Path 
Each company has to consider how best to achieve its goals.  Is it considering becoming certified as a B Corp or becoming a benefit corporation because it is the right thing to do?  For positive publicity?  Because customers are giving preferential treatment to B Corps and/or benefit corporations?  Consider which public benefits the company pursues or wants to pursue; if they are already part of the company’s culture, and all owners agree, then the benefit corporation route makes sense and, if the company is already a corporation, relatively easy to achieve.  Take a look at annual reports for the past few years--does the company already publicize the benefits it promotes?  If so, then publishing annual reports conforming with the public benefit law should not impose a burden.  If the company is not a corporation, check with its attorneys and accountants regarding the impact of conversion.  If the company is considering B Lab certification, take a look at the B Impact Assessment Survey to get a sense if the company’s current practices qualify for B Corp certification, and check the license fee schedule to determine the bi-annual expense.  If the company changes direction and abandons its public benefit purpose, it is easier to let the B Corp certification lapse than it is to convert from a benefit corporation to a standard corporation.
Be sure to do your homework when deciding which path is best for your company, and don't forget to enjoy the journey.

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ABOUT BERGMAN and ALLDERDICE

We founded Bergman and Allderdice in 2005 out of the desire to work closely with organizations that are committed to making a difference in our community. Having worked at larger firms, we decided we preferred the personalized service of a smaller, women-owned firm dedicated to providing high quality and cost effective legal services. We are team players who work closely with our clients, providing practical solutions to complex legal matters and helping them maximize self-sustainability. We pride ourselves on our reputation in the nonprofit and community development arena, both locally and nationally, and feel that our clients' loyalty speaks for itself. Our areas of expertise include affordable housing, community development, tax-exempt bond financing, CDFI- and CDE- source financing, compliance, management, public/private partnerships, mergers and acquisitions, nonprofit and for-profit formation and qualifying organizations for tax-exempt status.

Clients 

 
Office 

1200 Wilshire Blvd #610
Los Angeles, CA 90017
(213) 736-5101
info@b-alaw.com
                                  
 Principal 
BETH BERGMAN
bbergman@b-alaw.com
(213) 736-5101 ext. 1

 Principa
MICHAEL ALLDERDICE 
mallderdice@b-alaw.com
(213) 736-5101 ext. 2


 Of Counsel 
JENNIFER POST biography
DAVID ROSMAN biography

 Legal Assistant 
MELANIE CRUZ
(213) 736-5101 ext. 4

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New York To Update EO Regs

Schneiderman

N.Y. Attorney General Eric T. Schneiderman is proposing legislation to make the 103,000 nonprofits in New York more accountable. Among the proposals is the requirement for nonprofits to have both conflict of interest and whistleblower policies, as well as increasing Board accountability, which puts them in line with the newer IRS 990 guidelines.  Another aspect of the legislation is the increased power for the Attorney General to challenge compensation and maintain effective oversight. This follows Schneiderman’s creation of a panel to review nonprofit compensation following alleged abuses in a large NY nonprofit.

Read more

about this proposed legislation, co-authored by nonprofit groups.

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CDFI's Latest Round of Awards for New Markets Tax Credits

The Community Development Financial Institutions Fund in February announced $3.6 billion of New Markets Tax Credits (NMTC) awards to 70 community development entities (CDE) nationwide. The 2011 round of NMTC awards had stiff competition with 314 applications from CDEs around the country and only 22% of these being awarded an allocation.

Allocation amounts ranged from $20 million to $100 million with the average being $51.8 million. 60% of those awarded are CDFIs, nonprofit organizations, governmentally controlled entities, minority owned or controlled entities, or subsidiaries of such organizations. Over a total of nine rounds, $33 billion over 664 allocations have been awarded, including $1 billion being specifically set aside for redevelopment in the aftermath of Hurricane Katrina.

See the full list

of 2011 allocatees.

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Housing and Redevelopment Update


Zimmerman
SB 1220 was introduced on February 23rd 2012, proposing the Housing Opportunity and Market Stabilization Act 2012 (HOMeS), with a goal of creating a permanent funding source for affordable places to live on California. The bill imposes a $75 recordation fee of each real estate document in order to create a trust fund that will support the development, acquisition, rehabilitation and preservation of homes affordable to low and moderate income households.

The fee is estimated to generate $700 million per year for the HOMeS fund. The bill originates from the office of Senator Mark DeSaulnier and is being sponsored by California Housing Consortium and Housing California. The bill has received an enthusiastic response from housing organizations such as SCANPH. "The HOMeS Act takes a significant step towards ending homelessness and helping the most vulnerable find safe and affordable homes," said Paul Zimmerman, former Executive Director of SCANPH. "The legislature must now find a new way to address our housing needs. We know that what's there is not working - and for the sake of our working families - they need to fix it."

A fact sheet on the bill.

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Charter Schools

There are a number of bills currently under review that will have a significant impact on how charter schools will survive and function in California. One of these is AB 1576, a bill giving county offices of education the authority to loan money to charter schools. Another bill, SB 958, will require that special education services provided by charter schools be administered through the special education agency nearest the school, unlike previous years where charter schools have had to look outside their local area for special needs administration. Those opposed to the bill argue that ‘long distance’ Special Education Local Area Plan offices (SELPA) are necessary as local agencies often ignore their needs. Finally, the California Charter Schools Association released results of their ‘Portrait of the Month’ report, on non-renewal of 10 underperforming charter schools. 

You can read findings of the report and more detail

here

.

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Komen For The Cure

The

Non-Profit Times

released an interesting

summary

of the current media storm surrounding Komen for the Cure and their controversial funding cut to Planned Parenthood.

As a nonprofit known for its powerful marketing, there is much debate over how the Komen brand will overcome this media firestorm. See the article above for an insightful analysis into the way forward for Komen as a brand and organization, in particular the recovery steps outlined by Nancy Schwart that emphasize the importance of regaining the confidence of supporters. As a nonprofit known for its dubious corporate partnerships, including the KFC Buckets for the Cure campaign, Komen is well adept at reforming themselves and retaining public support. Whether they can come through the controversy remains to be seen.

The Komen for the Cure story, including founder Nancy Brinker’s statement following the funding cut, is

here

.

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Cato Institute Suffers Direction Crisis

The libertarian think tank, the Cato Institute, came into the media spotlight recently following a lawsuit against two Board members: the conservative activist Koch brothers. The Board is made up of 16 members, however power is mainly held by a four member ‘shareholder’ group.  Currently two of these seats are held by the Koch brothers, and they wish to seize control of the third following the vacancy of one of the seats. Robert A. Levy, another of the institute’s founders, has been outspoken in his statements to the media over how this would damage the way forward for the Cato Institute in receiving future funding from parties who wish it to remain a nonpartisan research center.

Read more about the

ongoing story

.

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EO 2011 Annual Report and 2012 Work Plan

The IRS released their 2011 Annual Report and 2012 Workplan recently, containing information on where they will be focusing their resources in the upcoming year. This includes looking at the Affordable Care Act 2010 and requirements for tax-exempt hospitals, new 501(c)(29) Qualified Nonprofit Health Insurance Issuers as well as how existing guidance will apply to those 501(c)(3) organizations that participate in the Medicare Shared Savings Program through Accountable Care Organizations. 

You can read the report

here

.

You can also read the March 14th EO Update

here

.

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