1. Pennsylvania Association of Nonprofit Organizations 1 The Nonprofit Partnership's 10th Annual Northwest Pennsylvania Nonprofit Day Joe Geiger, Executive Director Pennsylvania Association of Nonprofit Organizations 777 East Park Drive, Suite 300 Harrisburg, PA 17111 (717)-236-8584 joe@pano.orgjoe@pano.org www.pano.orgwww.pano.org October 21, 2010

2. Pennsylvania Association of Nonprofit Organizations 2 9/19/2015 Pennsylvania Association of Nonprofit Organizations Quiz

3. Pennsylvania Association of Nonprofit Organizations 3 9/19/2015 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

4. Pennsylvania Association of Nonprofit Organizations 4 9/19/2015 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

5. Pennsylvania Association of Nonprofit Organizations 5 9/19/2015 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

6. Pennsylvania Association of Nonprofit Organizations 6 9/19/2015 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?

7. Pennsylvania Association of Nonprofit Organizations 7 9/19/2015 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

8. Pennsylvania Association of Nonprofit Organizations 8 9/19/2015 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

9. Pennsylvania Association of Nonprofit Organizations 9 9/19/2015 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

10. Pennsylvania Association of Nonprofit Organizations 10 9/19/2015 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

11. Three Execs in the countryside Pennsylvania Association of Nonprofit Organizations 11 9/19/2015

12. Pennsylvania Association of Nonprofit Organizations 12 9/19/2015 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

13. Pennsylvania Association of Nonprofit Organizations 13 9/19/2015 Electioneering  Charities are prohibited by law from engaging in electioneering  Neither party has a monopoly on brains or ethics

14. Pennsylvania Association of Nonprofit Organizations 14 9/19/2015 Penalties:  10% excise tax - organizations  Individuals  Loss of tax exemption

15. Pennsylvania Association of Nonprofit Organizations 15 9/19/2015 Allowable Quasi-political activity:  Voting Records  Questionnaires  Public Forums  Awards

16. Pennsylvania Association of Nonprofit Organizations 16 9/19/2015 Allowable political activity:  Voter Registration  Transportation to elections Cannot target a particular demographic to the exclusion of another

17. Pennsylvania Association of Nonprofit Organizations 17 9/19/2015  Contributions  Volunteering  Letters of Support Individual Political Activities:

18. Pennsylvania Association of Nonprofit Organizations 18 9/19/2015 Developing an Effective Advocacy Program  The Three-legged Stool Grassroots Media Legislative

19. Pennsylvania Association of Nonprofit Organizations 19 9/19/2015 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

20. Pennsylvania Association of Nonprofit Organizations 20 9/19/2015 Meeting with your legislator (continued) 5. Can’t answer a question? Don’t bluff, but offer to get answer 6. Leave fact sheet 7. Write - say thanks -- remind legislator of agreements reached

21. Pennsylvania Association of Nonprofit Organizations 21 9/19/2015 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

22. Pennsylvania Association of Nonprofit Organizations 22 9/19/2015 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

23. Pennsylvania Association of Nonprofit Organizations 23 9/19/2015 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

24. Pennsylvania Association of Nonprofit Organizations 24 9/19/2015 Promoting Your Message Building Healthy Media Relationships  Get to know the media in your area  Develop a press contact list  Keep in contact with your media people

25. Pennsylvania Association of Nonprofit Organizations 25 9/19/2015 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

26. Pennsylvania Association of Nonprofit Organizations 26 9/19/2015 Telephone Advocacy 1. Telephone call can be very persuasive. Tool for both direct and indirect advocacy 2. Keep it brief and to the point 3. Don’t always need to speak to the legislator 4. Calling legislator’s district office is as important as calling the capitol office. Depends on the individual legislator, or relevant staffer

27. Pennsylvania Association of Nonprofit Organizations 27 9/19/2015 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.

28. Pennsylvania Association of Nonprofit Organizations 28 9/19/2015 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

29. Pennsylvania Association of Nonprofit Organizations 29 9/19/2015 Other ways to communicate: Invite legislator to: a. Visit your facility b. Speak at a meeting sponsored by your group c. Meet with your board d. Attend breakfast meeting at state capitol

30. Pennsylvania Association of Nonprofit Organizations 30 9/19/2015 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)

31. Pennsylvania Association of Nonprofit Organizations 31 9/19/2015 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.

32. Pennsylvania Association of Nonprofit Organizations 32 9/19/2015 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

33. Pennsylvania Association of Nonprofit Organizations 33 9/19/2015 PA Government Offices Pennsylvania Department of State, Bureau of Campaigns Elections & Legislation Web: http://www.dos.state.pa.us/http://www.dos.state.pa.us/ Email: ra-lobbydisclosure@state.pa.us Phone: (717) 787-5280, Fax (717)787-2854ra-lobbydisclosure@state.pa.us Pennsylvania State Ethics Commission, Legal Division Web: http://www.ethics.state.pa.us/http://www.ethics.state.pa.us/ Email: ra-lobbydisclosure@state.pa.us (for technical questions)ra-lobbydisclosure@state.pa.us Phone: (717) 783-1610 or Toll Free at 1(800) 932-0936 Pennsylvania Office of Attorney General Web: http://www.attorneygeneral.gov/theoffice.aspx?id=2099http://www.attorneygeneral.gov/theoffice.aspx?id=2099 Email: lobbyingdisclosure@attorneygeneral.gov Phone: (717) 787-3391lobbyingdisclosure@attorneygeneral.gov

34. Pennsylvania Association of Nonprofit Organizations 34 9/19/2015 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.ra-lobbydisclosure@state.pa.us 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=81588ra-lobbydisclosure@state.pa.us http://www.ethics.state.pa.us/ethics/cwp/view.asp?a=3&Q=81588

35. Pennsylvania Association of Nonprofit Organizations 35 9/19/2015 For more information Contact PANO via email at Joe@pano.org or www.pano.org or phone at (717) 236-8584Joe@pano.org www.pano.org 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.