You can't pick up a newspaper without
reading about political scandals, or corporate executives
being put behind bars, or lobbyists being investigated. To
help put the breaks on some of these types of wrongdoings,
congress passed the Sarbanes-Oxley Act, which has set new
and more stringent standards of accountability.
As we all know, the non-profit sector is
certainly not immune to gross violations of ethics and standards
of behavior. We read stories of non-profit executives getting
paid outrageous sums of money while laying off staff; we
see executive directors abusing their power and taking advantage
of their employees; and we witness board presidents making
money off of real estate deals that involve the very non-
profits they reside over.
It's imperative that every non-profit pass
a conflict
of interest policy that every board member signs.
This policy will help assure the organization conducts
business ethically. The policy can be a complicated set
of standards or a basic document that is easily understood
by everyone. If you want a sample of a conflict of interest
policy, email howard@richardmale.com.
Let's keep this simple and look at some basic pieces of
information that every non-profit should integrate into a
very basic policy.
- The primary purpose of designing a conflict of
interest policy is to protect the non-profit's
tax exempt status when it engages in an activity that
might benefit the private interests of a staff or board
member or cause harm to a person in the organization.
- If you discuss an issue in which a staff or board
member has a clear financial interest, that
person must immediately inform the board of this potential
conflict and excuse themselves from any direct vote or
action taken by the organization.
- The board should conduct a yearly salary survey
to make sure the salaries of the senior staff
are in line with their responsibilities and performance.
- When making decisions that might involve ethical
considerations make sure the board secretary
takes excellent minutes and make sure the motions are
carefully reviewed prior to deciding on and passing the
motion.
- If the organization makes a profit (excess revenue
over expenses) , this profit should not accrue
to any members of the governing board. A percentage of
it can accrue to the staff members as performance bonuses
or other incentives and rewards.
- Although it is not illegal for husbands and wives
to work for the same organization or sit on the same
board of directors, it must be carefully monitored
and clearly disclosed when financial decisions are decided
that impact either party.
- When hiring a professional development (fundraiser)
staff member shy away from paying them a percentage
of what they raise. Always put the charitable mission
of the organization above an individual's personal gain.
Pay them a salary and set fee and if you want to give
them a bonus, based on performance, carefully evaluate
and discuss this decision among the leadership of the
organization.
- If your organization accepts donor designed gifts
for specific programs, it is the clear responsibility
of the board and the executive director to make absolutely
sure those dollars are used only for the designed purposes.
This is the foundation or core of philanthropic trust
between the donor and organization.
- Make sure the organization has clear standards around
sexual harassment and other forms of abuse of power both
on the board and at staff level. Have a policy that carefully
monitors personal relationships between staff or staff/board
members that could lead to abuse of power and other activities
detrimental to the person and organization.
- Who should be privy to board minutes? Boards
should be clear and careful when certain decisions are
made in terms of who has the right to see the board minutes.
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