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An Overview of Nonprofit Law, Ethics, and Advocacy

An Overview of Nonprofit Law, Ethics, and Advocacy. Virginia Commonwealth University Nonprofit Learning Point April 29, 2012 Instructor Deborah Barfield Williamson, JD, MPA deborah@williamsonphillips.com 804.721.9930. Legal Disclaimer.

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An Overview of Nonprofit Law, Ethics, and Advocacy

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  1. An Overview of Nonprofit Law, Ethics, and Advocacy Virginia Commonwealth University Nonprofit Learning Point April 29, 2012 Instructor Deborah Barfield Williamson, JD, MPA deborah@williamsonphillips.com 804.721.9930

  2. Legal Disclaimer This workshop is intended for educational and informational purposes only. Nothing contained in this workshop is to be considered the rendering of legal advice for specific cases. Participants are responsible for obtaining such advice from their own legal counsel.

  3. Part V—Staying Strong…Managing Risks in the Organization You Serve Looking at the overall organizational environment, as well as at specific organizational actions and decisions . . . • What are the potential risks? • What is the probability that any of the particular risks will occur? • What is the materiality of the potential damage to the organization? • To what degree will parties outside of the organization be involved?

  4. How to Respond? • Avoid the Risk • Eliminate Responsibility for the Risk • Transfer Costs to Another • Minimize through the Use of Insurance • Absorb as a Cost of Doing Business

  5. Some Particular Areas that Pose Legal Risks to the Organization • Regulatory Compliance • Employees • Volunteers • Members • Vulnerable Populations • Transportation • Facilities • Records

  6. Part VI: Employment Law and Managing Liability with Volunteers • Organizations have legal responsibilities to their employees and volunteers. • Organizations have legal responsibility forthe acts/omissions of their employees and volunteers.

  7. Areas of Employer Responsibility to Employees • Equal Employment Opportunity—civil rights (gender, race, national origin, religion); disabilities; age; pay; immigration; pregnancy; harassment • Fair Labor—minimum wage and overtime • Occupational Health and Safety • Family and Medical Leave • Privacy • Indemnification, in some cases • Health Insurance????

  8. Areas of Organizational Responsibility to Volunteers • Generally, only one…to protect their safety and well-being to the extent the organization would protect the safety and well-being of any member of the public. • Some organizations have the legal authority/capacity to purchase insurance for their volunteers—e.g., directors and officers liability insurance. Should the organization do so? • Some organizations are mandated to indemnify volunteers for some legal costs.

  9. Areas of Employer Responsibility for Employees • Who has actual or apparent authority to act on behalf of the organization? • Is the person acting within the scope of their authority? • Was the organization negligent in hiring the employee? • Was the person acting within the scope of their employment? Same principles apply in the context of a volunteer!

  10. Shield Laws • Federal Volunteer Protection Act • Virginia’s Charitable Immunity Act • Limitations on Liability for Officers and Directors

  11. Part VII—Advocacy What is Advocacy? Communication, which can be manifested into activity, the purpose of which is to influence the way one thinks or behaves. Note…First Amendment free speech protection has been interpreted to include any type of communication…including fundraising and advocacy.

  12. Types of Advocacy • Public Awareness Building • Influencing Public Policy— • Legislative • Regulatory • Judicial • Impacting Elections – • Promoting Voter Participation • Communicating Candidates’ Positions • Endorsing or Opposing Candidates

  13. Nonprofit Lobbying is Limited Not Prohibited • Know the Definitions • Lobbying, Legislation, Legislative Body • Direct Lobbying/Grassroots Lobbying • Take the 501(h) election, IRS Form 5768 • Keep track of lobbying expenses • Disclose Lobbying Activity • Identify your Lobbyist(s)

  14. Building an Advocacy Program • Define an Agenda, Establish Guidelines, Collect Data • Select Strategies • Develop PSAs, ads • Write op eds and letters to the editor • Take advantage of social media • Engage in Coalitions to share resources and wield influence • Develop a grassroots network • Develop a year-round relationship with local, state, federal officials and their staffs

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