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The Evolving Advocate. Some thoughts on emerging issues…. leadership. Is often achieved with a quixotic combination of Hard work Guts Chance Hope Naiveté Intellect. But leadership is maintained by. A sustaining vision A supportive community An open mind to innovation
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The Evolving Advocate Some thoughts on emerging issues…
leadership • Is often achieved with a quixotic combination of • Hard work • Guts • Chance • Hope • Naiveté • Intellect
But leadership is maintained by • A sustaining vision • A supportive community • An open mind to innovation • A commitment to quality • Finding a negotiable balance between the philosophy that inspires and the structure that enables.
Achieving the Balance • Mission Driven work is a blend of • Why • How
Why? • Why is the heart of the work - those issues and ideas that clarify, challenge and expand our understanding of our work. It serves to deepen our desire and sharpen our focus to end sexual violence
How? • And how is the head - or the method - of the work, the mechanical and structural considerations that frame our day to day endeavors.
Thesis + Antithesis = Synthesis • While often considered oppositional forces intellect and passion should enjoy a symbiotic relationship where our heart shapes practice and our head creates the foundation new endeavors.
Thinking about the Heart • What are some issues that have challenged, changed, expanded our understanding of the work?
Prison rape? • New collaborations? • The use of the word ‘accuser’? • Trafficking? • Sexual exploitation of minors? • Feminist pornography? • Rape in a time of war? • Public health? • Sex offender management?
Considering the How • What are structural issues that have promoted our success or hindered our efforts? Have some of our earlier novel ideals resulted in positive or negative unintended consequences?
Promoting diverse agency / movement leadership • stable funding • Struggle for agency visibility • Documenting our successes • Maintaining, nurturing and growing staff • Balancing prevention / intervention work • Emerging initiatives (FJC) • agency work vs. / with other systems work (SANE / SART, VW) • External challengers (Father’s Rights)
Setting Priorities • Instructions: • Every person has been given 6 dots (3 for issues and 3 for structure) • Identify your top priorities in each category (issues and structure) • You could choose three separate items in each • You could vote thee times for one item • You can lobby and discuss your priorities while the vote is open!
Guidance for Next Steps • Six issues have been identified as priority leadership items • Choose one group to participate in (no more than six E.D.’s per group) • Answer the questions at each table
Changing the World NFP Systems Advocacy, Lobbying and interacting with policy.
Public Policy work is not exclusively lobbing • Organizations can freely • Conduct educational meetings • Distribute educational materials • Otherwise consider policy issues As long as they are not advocating a position related to a specific piece of policy / legislation. www.irs.gov
Lobbying is not prohibited for a 501 (c) 3 • In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status. www.irs.gov
Who is the focus of Lobbying? • Congress • Any state legislature • Any local council or similar governing body www.irs.gov
About what? • Acts • Bills • Resolutions • Legislative confirmations / appointments • Referendum / ballot initiatives www.irs.gov
But not.. • Executive actions • Judicial actions • Or administrative actions Expressing positions on these kinds of actions is not considered lobbying. www.irs.gov
You are lobbying if: • You contact, or urge the public to contact, members or employees of a legislative body for the purpose of proposing, supporting or opposing legislation www.irs.gov
The Formula You (or asking the public to) + persuade a legislator / employee + to adopt a certain position + on a specific initiative ________________________ = lobbying
501(c)3’s absolutely can not • Participate (directly / indirectly) with any political campaign on behalf of a candidate for office • Donate to these campaigns www.irs.gov
501(c) 3’s should be careful when: • Conducting voter education activities such as report cards, election guides and campaign forums • Encouraging participation in the electoral process such as a ‘get out the vote’ drive These activities must be conducted in a non-partisan manner. www.irs.gov
When Lobbying… • Agencies can not use state or federally granted funds for this purpose • Think critically about how much time you are really spending on the act of lobbying - 10 minutes? 20 minutes? Track this time carefully. • Make sure to track any agency resources you might be using (fax, postage, long-distance, supplies) www.irs.gov
For Agency Leaders • These rules are not intended to curb free expression when leaders are speaking as individuals - and should be clear when they are speaking personally. • However, leaders can not make partisan comments in official publications or functions. www.irs.gov
In your packets: • All of the information cited • Information related to candidate forums • Measuring and substantiating lobbying activity • IRS memo related to campaign season participation • Form 5768 (h) election
Our Agenda • Sponsored Items • AB 261 Elimination of Statute of Limitations [DEAD this session - will be reintroduced] • SB 153 Victim Services • Priority Policy Areas • Services • Prevention / Education • Sentencing / Offender Accountability • Community Safety / Offender Management
SB 153 Victim Services: Background • Rape Crisis Centers have only two state funding sources: • $50,000 from the General Fund • 3.5 M from the Penalty Assessment Fund which represents a 30% portion of the Victim Witness Fund
Think about that! • The State of California makes less than a $1.90* per victim yearly contribution to sexual assault victim services - and this rate has not changed in over a decade!
Currently • Californians who incur fines and penalties (felony and non-felony) pay into the California Penalty Assessment Fund - in FY 2004 / 05 the fund collected $150M
To Whom? • Restitution $48.1M • Fish and Game $.7M • Driver Training $38.4M • Peace Officer Training $38.4M • Correctional Training $11.8M • Victim Witness $12.9 • Prosecutor / Defender Training $.85M • Traumatic Brain Injury $.986M LAO and POST 2005
No? Didn’t think so… • Much of the Drivers Education money (38.4M in FY 04/05) has been moved into the general fund and spent on a variety of criminal and non-criminal justice programs -
SB 153 keeps Penalty Assessment Money Where it Belongs • It reallocates much of the fund and increases funds for • Victim witness (and RCC’s) • Child Advocacy Centers • DA / Defense Training • The other funds are held harmless
What this means for RCC’s • This change in the assessment is anticipated to result in an additional $1.7 - 1.9M for sexual assault crisis centers • Depending on the changes to the funding formula this could be an additional $15,000 - $40,000 per center.
Isn’t this Bill a hit to the General Fund? • This bill is not a hit to the “General Fund” it keeps the money in the statutorily directed, legislatively intended fund created specifically for public safety purposes - the Penalty Assessment Fund.
Isn’t the current allocation working now? • Despite massive increases in financial commitment to offender management and supervision, California Rape Crisis Centers have not seen an increase in state funding in over a decade. • The State Penalty Assessment should fund programs that benefit the entire state - not just individual districts.
What do the other members of the fund think? • All of the recipients of the current penalty assessment fund dollars stand united behind SB 153