Tidewater Chapter Not for Profit Conference Wednesday, June 4, 2014
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1 Tidewater Chapter Not for Profit Conference Wednesday, June 4, 2014
2 1. Nonprofits... What makes them unique? 2. The art & business of great governance What are the legal, ethical & most important roles & responsibilities of a npo Board? What does it mean to be an engaged Board member? How do nonprofit boards work? Trends 3. Strengthening the sector E. L. Freeman LLC / 2
3 Approximately 1.1 M charitable orgs Doesn t include $355,000 + religious orgs Additional 45,000 supporting orgs Average sources of revenue: Program Svs & Contracts 69% Contributions/Grants 23% Dues, Membership 5% Investment 3% Net Special Event Income.3% E. L. Freeman LLC / 3
4 65% of families give to charity 98% of high net worth households give Average annual household contribution $2,214/mean is $870 Historically, charitable giving rises about 1/3 as fast as the stock market. Nonprofit Trust Charitable Giving Statistics 2013 E. L. Freeman LLC / 4
5 $ Billion Individuals X% Corporations X% Foundations X% Bequests X% Total 100% Giving USA E. L. Freeman LLC / 5
6 A major economic 50,000 npos (Urban Institute) 235,100 paid workers 3 rd largest employer among VA industries Generated > $39 B revenues/$11 B in wages E. L. Freeman LLC / 6
7 Sector in context 46% religious organizations 16% social service 14% arts & recreation 9% health 7% education By Budget 83% budgets < $1 M 11% budgets $1 M to $9.9M 17% > $10 M E. L. Freeman LLC / 7
8 Home to 6 of Va s largest 10 cities 15% of npos 54,313 employees Generated $8.5 B in revenues 45% from nonprofit hospitals E. L. Freeman LLC / 8
9 Calculated by dividing the median amt of $ residents have left over after specifically identified living expenses % of Discretionary Income Given to Charity 2008 tax return information compiled by The Chronicle of Philanthropy U.S. 4.7% Virginia 4.8% Biggest givers in Coastal Virginia Wmsbg 7.4% Portsmouth 6.6% Hampton 6.1% Surry 6.0% Franklin 5.7 % NN 5.7% Suffolk 5.7% Norfolk 5.6% Chesapeake 5.4% York 5.0% James City 4.9% Virginia Beach 4.6% Poquoson 4.1% Gloucester 3.9% E. L. Freeman LLC / 9
10 1. It s tax structure the gift from government 2. It s governance structure 3. Dual bottom lines 4. Board is the caretaker of the brand/trust E. L. Freeman LLC / 10
11 For Purpose VS Nonprofit Nonprofit does not mean no profit No money, no mission No margin, no growth E. L. Freeman LLC / 11
12 Governing (legal) Appointed Elected by Membership Self-perpetuating Hybrid (usually appointed with selfperpetuating) Advisory (no authority) E. L. Freeman LLC / 12
13 1. Form 1023 Exemption Application c 3 Determination Letter 3. Articles of Incorporation 4. Bylaws 5. Conflict of Interest 6. Ethics Statement 7. Strategic/Organizational Plans 8. Financial Statements 9. Audit/Compiled Financial Statements 10. Budget E. L. Freeman LLC / 13
14 Legal Responsibilities According to BoardSource Lisa s Best Boards E. L. Freeman LLC / 14
15 Duty of Care: care than an ordinarily prudent person would exercise in a like position & in similar circumstances Prepare in advance & attend board meetings Be informed about organizational activities Rely on trustworthy information sources Act in good faith Frequently review finances E. L. Freeman LLC / 15
16 Duty of Loyalty: give undivided allegiance when making decisions Act in interest of organization Avoid placing self-interest ahead of the organization Act solely in the interest of the organization s beneficiaries E. L. Freeman LLC / 16
17 Duty Of Obedience: avoid mission slip Reading & understanding core operating documents Acting in accordance with the Bylaws Ensuring compliance with all regulatory & reporting requirements such as filing the annual tax return & paying employment taxes. Keeping accurate minutes of meetings E. L. Freeman LLC / 17
18 1. Establish/adhere clear purpose & mission 2. Long Range Planning: approve programs 3. Ensure sound financial management & financial stability this is much more than oversight. 4. Establish standards for organizational performance & hold the organization & Board accountable 5. Appoint, support & evaluate CEO E. L. Freeman LLC / 18
19 Clearly defined expectations of the group & of each individual Board member Understand the governance role Strong partnership with ED 100% of members are fully engaged/ TTT Rule of 1/3 Effective use of committee structure Culture of inquiry E. L. Freeman LLC / 19
20 1. Asking the right questions 2. Assuring answers that build trust (truthful, transparent) 3. Remembering, the Board is the caretaker of that trust & organizational brand E. L. Freeman LLC / 20
21 1. What are we aiming to accomplish? 2. What are our strategies for making this happen? 3. What are our organization s capabilities for doing this? 4. How will we know if we re making progress? 5. What have & haven t we accomplished so far? E. L. Freeman LLC / 21
22 Metrics to drive mission success Size & Terms Executive Committees Board Meetings rule of 1/3 Consent Agendas Use of Executive Sessions Exit Interviews Audit Committees Decision Making who decides what when? E. L. Freeman LLC / 22
23 1. Term limits not enforced 2. Attendance issues/less than 75% dysfunctional board 3. Board members do not understand financial statements & do not ask questions 4. Lack of board members with strong accounting/finance backgrounds E. L. Freeman LLC / 23
24 5. CEO recruits friends to the Board 6. Smile & clap Board 7. Lack of regular executive sessions w/o CEO 8. Auditor is hired by the CEO 9. Audit delivered to the staff not to the Board. Where is the mgmt letter? E. L. Freeman LLC / 24
25 10. Frequent turnover of accounting staff 11. Funds move around like a shell game to cover deficits 12. Federal pay roll deposits not made on a timely basis 13. Board members fail to make significant personal financial contributions E. L. Freeman LLC / 25
26 NPO accounting unfamiliar to most Ask to see Board reports development vs. financial = confused Board? Evaluate the lifecycle Help us look at the 990 & audit as opportunities: to tell the story include the development office to build donor & community confidence to achieve financial best practices to help protect against fraud Charities are much more than overhead ratios E. L. Freeman LLC / 26
27 A strong np sector is as important as gov t itself. There are always going to be societal problems which our founding fathers did not intend gov t to solve and are not profitable for the private sector Strong Board = Strong NPO The Board member s most important role = advocate for vision, mission and aspirations. A Board member s greatest gift = lead by example. E. L. Freeman LLC / 27
28 Questions Lisa L. Freeman, MA, CFRE E. L. Freeman LLC Williamsburg, VA E. L. Freeman LLC / 28
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QUANTUM MATERIALS CORP. AUDIT COMMITTEE CHARTER Purpose The role of the Audit Committee is to oversee the accounting and financial reporting processes of the Company and the audits of the financial statements