the nonprofit partnership's 10th annual northwest pennsylvania nonprofit day
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Pennsylvania Association of Nonprofit Organizations
1
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
joe@pano.org www.pano.org
October 21, 2010
Pennsylvania Association of Nonprofit Organizations
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Pennsylvania Association of Nonprofit Organizations
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
Pennsylvania Association of Nonprofit Organizations
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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
Pennsylvania Association of Nonprofit Organizations
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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
Pennsylvania Association of Nonprofit Organizations
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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
Pennsylvania Association of Nonprofit Organizations
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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
Pennsylvania Association of Nonprofit Organizations
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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: ra-lobbydisclosure@state.pa.us Phone: (717) 787-5280, Fax (717)787-2854
Pennsylvania State Ethics Commission, Legal DivisionWeb: http://www.ethics.state.pa.us/Email: ra-lobbydisclosure@state.pa.us (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: lobbyingdisclosure@attorneygeneral.govPhone: (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 ra-lobbydisclosure@state.pa.us 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 ra-lobbydisclosure@state.pa.us, (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 Joe@pano.org 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.
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