For Board Members Archives - Page 4 of 11 - Spokes

Two Important New Employment Laws

December 17, 2022 by Michael Simkins

Pay Transparency

Among the new employment laws that go into effect January 1, 2023, two deserve special mention. One, referred to as “Pay Transparency,” applies to your nonprofit if you have 15 or more employees. Starting January 1, you’ll need to include pay range information in any job posting. In addition:

ALL employers must provide a pay scale to any current employee for their position upon request.
Employers must also maintain records of a job title and wage rate history for each employee during employment and for three years after separation from the company
All private employers with 100 or more employees must file pay data reports with the State’s Civil Rights Department, regardless of whether they are required to file a federal EEO-1 with the EEOC. (Note: nonprofits are considered “private employers.)

Retirement

The other change has to do with retirement programs. The CalSavers Retirement Savings Program is a state-run retirement program for employees who work for employers not offering a private-market retirement plan, such as a 401(k) plan. Previously, the law only applied to nonprofits with 5 or more employees. As of January 1, it applies even if you have only one employee.

Learn more

Spokes members can view the 60-minute video overview of these and other new HR-related laws for 2023. Sign into your account, click “access member benefits,” and go to the Video Library. You’ll find the recording in the Past Classes showcase. Not a member yet? Check out the member benefits.

Managing Conflict

March 28, 2022 by Spokes For Nonprofits

Do you have advice about how to manage conflict on our board? We seem to be in two camps and can’t agree on what to do.

Conflict is bound to arise when a group of people is involved in a common endeavor. It’s not a bad thing. In fact, differing opinions can lead to creative solutions. On the other hand, serious and unresolved conflict can cripple an organization. Here are some suggestions for preventing, managing, and resolving conflict gleaned from some expert resources.

Pointers

In her article “Moving From Dissonance to Harmony: Managing Conflict on the Board,” Jill Sarah Moscowitz offers these basic pointers:

Start by reminding yourselves of your common interest in furthering the mission of organization
Identify the key issues. Even if they seem obvious, take the time to label them and write them down.
Begin with facts rather than assertions.
Avoid taking about “my position” versus “your position.” Instead, seek out your common interests. What do you all want to see accomplished.
Be truly curious. Focus more on listening than having the answer.

Face-to-Face Communication

Writing in “Managing Conflict: A Guide for Volunteer Boards,” E. Grant MacDonald emphasizes that “Confronting a conflict situation almost always can benefit from face-to-face communication.” He suggests holding a series of meetings and offers these recommendations:

Involve a trusted third party to facilitate the meetings.
Insist on confidentiality.
These are private meetings, not board meetings, but they are not secret meetings.
Make sure everyone knows that no decisions will be made in these meetings that bind the organization. The goal is for the parties to agree on recommendations that they will make to the board at large.

Avoiding Conflict

MacDonald also offers these ten practices to help avoid unnecessary conflicts in the first place. Many of them can be part of your board development activities.

Practice good interpersonal communication.
Operate with a strategic plan.
Clarify roles and responsibilities.
Help develop a skilled chairperson.
Learn about conflict resolutions processes.
Establish a code of conduct for directors.
Encourage performance evaluation.
Implement a grievance procedure.
Celebrate agreements and new understandings.
Look to gender and cultural differences as a way out of a mess.

References:

Moving From Dissonance to Harmony: Managing Conflict on the Board

Managing Conflict: A Guide for Volunteer Boards

Policy or Procedure?

April 22, 2021 by Michael Simkins

Setting policy is an important responsibility of the board of directors of a nonprofit organization. Determining procedures is not. That’s why board members need to know the difference!

Policies are general statements that express principles or requirements of behavior for the organization. They don’t change often. What are some examples of basic policies nonprofits should have in place?

Conflict of Interest
Whistle Blower
Document Retention and Destruction
Gift Acceptance
Financial Control
Investment

By contrast, procedures lay out the steps and processes by which the policies will be implemented. They do change, as often as needed, to make sure they are working right.

When a nonprofit has paid staff, generally it is the Board’s responsibility to establish polices and the staff’s responsibility to develop the procedures to implement the policies. In an all-volunteer nonprofit, the job of developing procedures probably should be delegated to a committee. In either case, the goal is for the board as a whole to work at the level of policy and strategic direction, and avoid “micromanaging” the organization.

Two good resources to learn more:

What Governance Policies Should Your Nonprofit Have?
Creating Nonprofit Policies

Conflicts of Interest

December 27, 2020 by Michael Simkins

“Looking at the agenda, does anyone see that they may have a potential conflict of interest?”

As president of a nonprofit board of directors, I routinely ask that question at the beginning of each board meeting. Rarely does anyone speak up, and we go on about our business. We also have a conflict of interest policy and each board member must sign an annual acknowledgement that they have received and read a copy. When it comes to conflict of interest, our board is on top of things, right?

Not necessarily. At a recent meeting of leaders of some of our Spokes member organizations, the topic of conflict of interest came up. These leaders were concerned that their board members did not have a very sound understanding of what constitutes a conflict of interest. That prompted me to do a little research and guess what? I learned that my own concept of conflict of interest, while not wrong, was far too narrow.

Duality of Interests

First of all, the concept of conflict of interest relates to more than direct financial gain. Let’s imagine a board needs to hire a general contractor for some job. Let’s also imagine that one of the board members happens to be a general contractor. We probably all would say that board member should recuse him or herself from the discussion and decision on what contractor to hire for the job. On the other hand, what about a board member who also serves on the board of another nonprofit in the same community. Is that a problem? Could be!

Two considerations can help us to a broader, more complete understanding of conflict of interest. First, we need to think in terms of ethics rather than legality. An action can be strictly legal yet not necessarily the right or good thing to do. Second, we need to remember that among the three “duties” that board members owe to their organization is the Duty of Loyalty—essentially, that they will put the organization’s welfare first.

As the National Council of Nonprofits puts it, “Conflicts can be nuanced and have more to do with a “duality of interests” than a financial conflict.”

What now?

Based on my new understanding, I want to go back and re-read our conflict of interest policy. Are we following it? Does it reflect this broader concept? Does it say anything about how we will manage conflicts of interest that do come up? What should we consider adding or changing? My hunch is there will be work to do.

Want to educate yourself and/or your board on this topic? Here are some excellent resources to share.

Conflicts of Interest | National Council of Nonprofits

Charity Conflicts of Interest: A Guide – Non Profit News …

Nonprofit Conflict of Interest: A 3-Dimensional View – Blue …

Risk Assessment for Nonprofits

September 22, 2020 by Grace Nielsen

Last week, we covered the types of insurance your nonprofit should consider. But how exactly do you choose what types of policies you will need for your organization? Doing a careful risk assessment is a good starting place.

What is a risk assessment? Ready.gov provides a simple definition: “A risk assessment is a process to identify potential hazards and analyze what could happen if a hazard occurs.”

A risk assessment contains multiple stages of identifying and prioritizing risk. Nonprofit leaders are responsible for recognizing vulnerabilities and monitoring any risk that could affect their organization.

There are many ways to accomplish a risk assessment based on the size of your organization. For smaller nonprofits, the best way to save money is for internal leadership teams—such as volunteers, boards, or staff—to conduct the assessment. Larger organizations might hire a risk professional or even employ one in-house.

BoardEffect provides a simple risk assessment template that any small nonprofit could use as a practical guide. Essential steps include:

Identify risks in categories such as governance, external, financial, or operational.
Analyze risks and score each for likelihood and impact.
Prioritize and determine how much risk your organization is willing to accept.
Determine which risks are acceptable and decide what you will need to take action on.
Ensure that risk controls are in place.
Monitor and review identified risks and update controls as needed.

Once your organization has recognized and prioritized risks you’ll have a much simpler experience selecting the types and amounts of insurance appropriate for your organization.

Additional resources: