Showing posts with label nonprofit. Show all posts
Showing posts with label nonprofit. Show all posts

Monday, March 13, 2017

Nonprofit director's compensation raises questions

Developer BFC Partners' decision to team up with Local Development Corp. of Crown Heights may complicate the very problems it was meant to resolve

By: Joe Anuta

WHAT'S IN STORE? BFC's plans look good on paper, but locals question how they'll work out.
The executive director of a Brooklyn nonprofit dedicated to providing affordable housing, social services and youth programs has personally received a percentage of profits from past development deals, an arrangement in his contract that charity watchdogs call a red flag.
That is one of several unusual financial details Crain's found in the operating statements of the Local Development Corp. of Crown Heights. The nonprofit, considered a trusted resource in the African-American community in Crown Heights, was brought on by developer BFC Partners earlier this month to help overcome local opposition to a proposed mixed-income apartment and recreation complex on city-owned land.
The revelations alarmed experts in nonprofit administration, who said the payouts to Executive Director Caple Spence cast doubts about the organization's management.
"This is not normal," said Ken Berger, the former chief executive of Charity Navigator, the largest nonprofit evaluator in the country, after reviewing the organization's Form 990 financial disclosures from 2015.
The nonprofit's involvement in the city-led effort to redevelop the Bedford-Union Armory in Crown Heights raises questions about why it was selected by BFC Partners and how it will help manage a half-million-dollar fund that is part of the project.

Opening doors

For-profit developers often partner with charities to win over community members who are skeptical of a project's promise of social and economic benefits. When developments undergo public scrutiny, nonprofit partners can deflect criticism because making money is not their primary goal. They also often bring specialized skills and sometimes allow projects to qualify for subsidies that would not otherwise be available to for-profit enterprises.
In late 2015 a team including BFC and Brooklyn nonprofit CAMBA won a competitive bid to transform the city-owned armory with a proposal to build market-rate condos and rentals around it. The developments would help pay for new affordable housing, a low-fee sports and recreation facility, and community and office space. CAMBA, which specializes in housing, economic development and education programs, is set to run the day-to-day operations at the rec center and provide discounted or free activities to nearby residents.
But despite that partnership, community members continue to oppose BFC's $195 million plan. They said the entire project should be dedicated to affordable housing. In September New York Knicks star Carmelo Anthony pulled his support, and another early partner, Slate Property Group, dropped out amid controversy surrounding an unrelated nursing home sale on the Lower East Side.

In reaction to increasingly vocal opponents, BFC principal Donald Capoccia announced in early March that BFC was bringing in the Local Development Corp. of Crown Heights, which has deep roots in the community. The group planned to hold meetings, reassure residents that the development was in their best interest, seek out minority- and women-owned businesses to participate and explain why the market-rate units in the project are vital to its success. In addition, the nonprofit would manage a fund seeded with $500,000 from BFC—and potentially boosted by future revenue from the project—that is designed to build additional affordable housing elsewhere in the working-class but gentrifying neighborhood.

'Rare' arrangement

Spence's employment contract, as detailed in his 2015 state filing, was structured to give him a cut of the nonprofit's development deals, allowing him to take a 10% share of profits the charity earned and 20% of what the nonprofit received from developer fees—money the city or state pays developers for working on affordable-housing projects. It was unclear whether the development corporation and BFC would get developer fees for the Bedford-Union project and if the revenues would be divided between them. The charity is involved only with the condo portion of the project, according to the city. Regardless, Spence's compensation arrangement is rare in the nonprofit world, experts said.

Nonprofit executives' compensation is generally a fixed amount. That ensures they are not pursing deals for personal gain, according to Nonprofit Compensation, Benefits and Employment Law, a book by David Samuels and Howard Pianko. And unlike for-profit businesses, nonprofits are required to reinvest any leftover money in the organization. When compensation is based on profit percentages, pay can fluctuate year to year, meaning that in some years extra money might flow to executives, just like at a for-profit business. Berger said such fluctuations could draw the eye of state and federal regulators, who can seek to recover payments they deem improper.
The Local Development Corp. of Crown Heights' 2015 filings stipulate that this arrangement boosted Spence's total compensation to a maximum of $312,000 in a given year, which one lawyer Crain's spoke with said makes the arrangement more palatable. But Berger still found it troubling. "The fact that the questionable number has a cap on it doesn't make it any less questionable," Berger said.
And Spence has pulled in quite a bit more than that amount in the past.

Compensation package

In 2014 the nonprofit reported about $752,000 in revenue, mostly in fees from affordable-housing buildings it manages. Yet Spence took home around $1.15 million in total compensation that year, including base pay, bonuses and about $956,000 in retirement and other benefits. The payouts resulted in an operating loss at the charity of more than $1 million.
A lawyer for the group said 2014's compensation was an anomaly that likely stemmed from a split-dollar life insurance policy that was transferred to Spence in lieu of other retirement benefits. Split-dollar policies, which are paid in part or full by an employer,are sometimes used as incentives for high-ranking nonprofit employees. And premiums, which the charity will get back after the policy is paid out by the insurer, can be put down in one year instead of the cost being spread out over several. But the incentive is more often used by larger organizations, according to Gregg Hirsch, an attorney specializing in insurance products at Mound Cotton Wollan & Greengrass. The football coach at the University of Michigan, for example, has a split-dollar life insurance policy.
Even excluding 2014, however, Spence's average compensation was about $318,000 between 2007, the first year he's listed as executive director in the organization's publicly available filings, and 2015, the year when the salary cap is detailed. Executive pay can vary across organizations depending on the work and how prized the person's skills are, but experts noted that Spence's compensation seemed high relative to the size of the nonprofit. In 2015, for instance, the head of a Bronx affordable-housing nonprofit of similar scale made less than half of Spence's average compensation. Even executives at much larger affordable-housing firms, such as the Fifth Avenue Committee and the St. Nicks Alliance, made no more than three-quarters of Spence's compensation.
"I would say this salary falls into the range of screwiness," said Odell Mays, an adjunct lecturer at the Columbia University School of Professional Studies, who reviewed the organization's annual 990 filings for 2007 to 2015 for Crain's. "There is a lot of stuff in here that is ripe for being questioned."
If a charity or executive does exceptionally well, he said, high compensation can be justified. But the Crown Heights nonprofit might have a hard time proving it is far outperforming its peers. In 2007, Spence's first year as executive director, he completed the organization's first ground-up development, a 173-unit senior residence in east Flatbush. The project pushed the corporation past $100 million in total construction spending for the first time.
"This award-winning project moved [the organization] beyond its humble beginnings as a redeveloper of old walk-up tenement buildings to a full-fledged developer of modern mid-rise apartments for its community," the group wrote on its website.
Three years later Spence completed a 143-unit senior residence in Crown Heights. In total he has brought in millions in revenue for the nonprofit, his lawyer said, noting that the executive's compensation package was drafted with the help of an outside specialist. Spence has continued to run several education and senior centers.
But Spence has not completed a major project since 2010. And under his leadership, the charity ran an operating loss for seven of the nine years between the beginning of 2007 and the end of 2015.
Plans to open a charter school, which videos on the nonprofit's website show Spence discussing as far back as 2013, never came to fruition. The costs involved made the idea unworkable, the organization said.
Nevertheless, Spence continued to receive perks that are unusual for small nonprofits. A 2013 filing showed he took out a personal loan of $166,000 from the nonprofit at 5% interest. Although charities sometimes make personal loans to employees, they are typically amounts akin to a paycheck advance, Mays said. At the very least, the board would typically require a written agreement for a loan of that size, yet it was issued without one, according to the state filings. Spence's lawyer said the corporation has largely been paid back.
Potential missteps over executive compensation are often avoided in the tax- exempt world by having a board of directors with a wide range of professional experience who can push back on anything they deem improper. To get Charity Navigator's stamp of approval under Berger's leadership, boards had to consist of at least five people, he said. The Local Development Corp. of Crown Heights has just three. Two of them are also listed as executives of the First Baptist Church of Crown Heights, the religious organization founded by the late Rev. Clarence Norman Sr. The house of worship is the institution from which the charity gets its neighborhood clout.

Strong connections

Norman, who was a highly influential figure in the Crown Heights community, started the local development corporation in 1987 to further the mission of his church. After his death in 2015, a local street was named after him and his wife. The organization has retained its connections in the neighborhood and currently manages about 670 units of affordable housing. "We have been looking out for the community for more than 30 years," Spence told Crain's at the announcement of his group's participation in the project. "We have worked with several government agencies, state and city," he added, "and we have a close working relationship with the elected officials." He has since referred all questions to the organization's lawyer, who would speak only on background.
Clarence Norman Jr., son of the late pastor, was a powerful Democratic Party boss in Brooklyn until he was convicted on campaign finance charges and sentenced to several years in prison. Spence said in a recent news report that Norman Jr. acts as a consultant to the local development corporation. He even listed himself as a contact for the organization during a meeting the city hosted for nonprofits interested in a community land trust. But according to reports, he is not working on the armory project.
BFC Partners said it picked the nonprofit because it was seeking to join forces with an organization with "deep community roots."
"After more than a year of community engagement, there was consensus among Crown Heights stakeholders that [it] would be the most appropriate local, nonprofit partner for the Bedford-Union Armory project," BFC said in a statement. "The ... team's deep community roots and our comprehensive approach to this project will ensure that the armory is a success for all Crown Heights families."
Correction: Caple Spence said in a recent news report that Clarence Norman Jr. acts as a consultant to the Local Development Corp. of Crown Heights.The attribution was misstated in an earlier version of this article.
A version of this article appears in the March 13, 2017, print issue of Crain's New York Business as "A curious partnership".
http://www.crainsnewyork.com/

Monday, November 17, 2014

November: Nonprofit Awareness Month


November is Nonprofit Awareness Month! 
Share Your Ideas and Activities for Promoting our Sector...


Yes, November is not only a time for elections, a big Thanksgiving dinner, Black Friday and, most importantly, preparing for#GivingTuesday, it's also a time to celebrate nonprofits. 
This month we honor the hard work done by our community of nonprofit employees, volunteers, sponsors, donors and other friends who've made a commitment to making a difference in their communities.
To help get you started, we've created a Calendar suggesting easy ideas you can use to promote nonprofits for each day of November!

During this month, nonprofits of varying types, with a range of budget sizes, all across the state and country will come together and take pride in what we do.  Along with you, we will help to spread awareness and share information about what nonprofits truly provide in New York State - through improved quality of life, economic impact, and much more -   all month long. #npawareNY
Nonprofits: A Laughing Matter?Join the Cartoon Campaign...

NYCON is launchinga social media campaign of editorial cartoons that simply and powerfully express our sector's opinion and point of view on important policy, funding and operational matters. 
Email us your cartoon ideas for consideration.  


This email was sent to amarietta@nycon.org by avanderwarker@nycon.org |  

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Monday, October 20, 2014

Nonprofit Knowledge Matters

Nonprofit Knowledge Matters banner

Wanted: Courageous Board Members
Stand For Your MissionFor too long, a myth has hung over the nonprofit community like a scary fog:  that nonprofit advocacy is somehow spooky. Nothing could be further from the truth, because advocating for missions is a core part of our sector’s proud legacy. If you eat in smoke-free restaurants, drive safely on divided highways, have a Social Security card, use your civil rights, or are a voting female, then you are benefiting from the past advocacy work of nonprofits – and board members. That’s why we are excited to let you know about a new campaign,Stand For Your Mission, launched to raise awareness - specifically among nonprofit board members - that being an advocate for the nonprofit’s mission is an important role for every board member to play.

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The Stand for Your Mission campaign calls on all nonprofit board members to stand up as powerful champions for the missions they serve. The campaign is designed to unleash the full potential of nonprofit organizations to advance their missions in their local communities by engaging board members more directly as advocates on behalf of their organizations.

The goals of the Stand for Your Mission campaign are to:
  • Bring about a sustainable shift in the understanding and expectations around board engagement in advocacy;
  • Move advocacy from an ancillary to a key board leadership role; and
  • Strengthen the nonprofit sector’s ability to advance the public good.

Importantly, this new campaign is not being advanced by ghosts, ghouls, or goblins, but by trusted, mainstream organizations in the nonprofit and grantmaking communities that recognize the need to change the culture around nonprofit advocacy so it is embraced as an effective, everyday tool for advancing nonprofit missions. The National Council of Nonprofits collaborated withBoardSource, the Alliance for Justice (with its Bolder Advocacyinitiative), the Forum of Regional Associations of Grantmakers, the Campion Foundation and John S. and James L. Knight Foundation, to curate a set of core resources for board members, CEOs, and grantmakers. Please share the Stand for Your Mission discussion guide as a useful resource with your board.

Guide



Talking about That Which Shall Not Be Named [what it really costs to be a charitable nonprofit]
While we wish we could just wave a wand, magical thinking won’t stop those who rate and rank nonprofits by focusing on the cost of a nonprofit’s operations, rather than its impact in solving community challenges. So what can nonprofits do to shake off this aversion to costs? Remember Harry’s invisibility cloak? Throw it off! Be bold and brave enough to have candid conversations with donors about what it really costs to deliver programs and services.  

Bring financial sustainability closer in 3 easy steps
First, let’s toss out the shape-shifting term “overhead” that means something different to everybody and instead just call all these costs what they are, whether “fundraising,” or rent, or “general administrative.” Second, let’s ignore any apparent incentives to be fuzzy about the full expenses needed to deliver a nonprofit’s services or programs. Instead, by fully embracing our own costs, nonprofits will help manage expectations about what is really needed to solve problems in communities. Third, let’s find the courage to talk about the costs, especially with donors and grantmakers – and document them, demonstrating accountability and candor consistent with a culture of transparency. We think this is the right approach – and we’re inviting you to join us by:“owning your own costs.”



Join us for a Special Webinar to Raise Awareness
About Costs
At the National Council of Nonprofits, we and our State Association network are tackling misconceptions about costs one step at a time. Transparency about costs first requires knowing how much it actually costs to provide services and deliver programs. This means that someone at every nonprofit should be able to properly account for program related costs as well as those costs that cut across all the activities of the nonprofit. We know this can a challenge, so our network is hosting a special program designed to help your nonprofit #OwnYourOwnCosts.

Please join the National Council of Nonprofits and our State Association network for a free webinar about proper cost allocation, so we can all own our own costs and spread the message that all costs, whether for fundraising or administration, or anything else related to advancing our nonprofit’s mission are essential.

Guest speaker: Jeff Russell, founder and CEO of Jitasa
October 23 | 3:30 - 4:30 pm Eastern




Resources for Board Members
Good governance (National Council of Nonprofits)


Board members’ voices count!

More resources about scary stuff

Risk, risk, and more risk – and resources for managing it (National Council of Nonprofits)

Losing tax-exempt status(National Council of Nonprofits)

501h election: A simple way to protect your nonprofit from lobbying missteps (National Council of Nonprofits)


Worth Reading
Is your nonprofit scared of social media? Aespire explains the three myths of social media.

New! The Sustainability Mindset, by Jeanne Bell and Steve Zimmerman

This month’s poll:
Does your board monitor the impact of public policies on your nonprofit's mission delivery and resources?

Tell us in this quick, one-question poll and look for the results in next month's Nonprofit Knowledge Matters.



Share this newsletter with your staff, board, and nonprofit colleagues




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© Copyright 2014 National Council of Nonprofits. All rights reserved 
1200 New York Avenue, NW | Suite 700 | Washington, DC 20005 | www.councilofnonprofits.org

Monday, May 19, 2014

Upcoming Events & Webinars


Everything You Ever Wanted to Know About Medicaid Compliance...(But Were Afraid to Ask) 
A special four-part NYCON "Lunch & Learn" Webinar Series brought to you by the Experts; FREE for NYCON Members. Non-Member Nonprofits are $75 per session or $275 for series. 
If you would like to attend all four,please choose "Series" Ticket type.You will be automatically registered for each session through June. All webinars are from 11am to 12:30pm.

Medicaid Compliance... Medicaid Compliance Plans ... Medicaid Self Auditing...Medicaid Self-Disclosures... Medicaid Audits ... Medicaid fraud, waste and abuse...Office of the Medicaid Inspector General ... OMIG...If these words and phrases are part of a typical day at your nonprofit, we have designed the perfect series of webinars for you. Participants will hear directly from experts in the field (including David Ross, former Acting Medicaid Inspector General for the State of New York, and David Rottkamp, CPA and leader of Grassi & Co.'s not-for-profit practice area) and get the practical information they need to provide appropriate oversight and management of Medicaid-funded programs, understand the role of the Office of the Medicaid Inspector General, and much more.
 
Next Webinar: Know Thy Compliant Self: How to Conduct a Medicaid Self Audit
May 15th, 2014 11:00am to 12:30PM
Presented by David R. Ross, Esq, and David M. Rottkamp, CPA
Part of any provider's compliance program is their compliance plan, and the key part of any compliance plan is the concept of risk assessment and self auditing. This means identifying where errors are most likely to be made, and then reviewing your Medicaid claims and documentation for compliance with applicable requirements. Hypotheticals for risk assessment and self audit will be discussed. As participants will hear, self auditing can be the best preventative medicine. A question and answer period will be provided.


Complying with the Nonprofit Revitalization Act: 
Practical Webinars for New York Nonprofits
Presented by David Watson, Esq, Sr. VP of Legal Accountability Services, NYCON and Michael West, Esq., Legal Advisor, NYCON May 20th and June 26th, 2014
Webinars are held from 11:00 am to 12:30pm

New York State MapThe Nonprofit Revitalization Act is a landmark change in the Not-for-Profit Corporation Law of the State of New York and will usher in a modern era for the operation and governance of nonprofit corporations starting July 1, 2014. As always, here at the New York Council of Nonprofits, Inc. (NYCON) your one-stop tool box and soap box we eagerly anticipated the updated statutes and have prepared a practical webinar series to address your immediate needs in the updating of your bylaws and governance materials. We encourage all of our Members to take advantage of these webinars.
Part 1: New York Nonprofit Revitalization Act Part- Steps To Compliance - An Overview A comprehensive overview of the Act to take place with a plenary Q/A portion to be held in February, April & June. This offering will provide you with an overview and a practical set of actions to take to amend your bylaws to meet the new standards of the Act

Part 2:  New York Nonprofit Revitalization Act: Implementing Your 
Compliance Checklist - Whistleblower, Conflict of Interest, Committees & Executive Compensation
These webinars will be held In March and May will be a more detailed and focused on the various topics included in the Act that are new and have implications on Board governance in general and your operations specifically. Click here to register. Dates: May 20th  

Cost: FREE & Open Only to current NYCON Nonprofit Members.
All webinars are from 11:00am to 12:30pm.


Membership Benefits: Get to Know Us! [Webinar]
May 30, 2014 2:00 pm
In our "Get to Know Us" Sessions, NYCON staff will tell you a lot more about our membership benefits - and answer all the questions you have regarding our process, costs and what you get for FREE.
We will be talking about these benefits...
  • Nonprofit Training, Education and Professional Assistance NYCON empowers our members with the best practices, policies, and procedures as well as information on ever-changing regulations, funding, accountability and more.
  • Cost Savings Solutions for Nonprofits NYCON leverages the purchasing power of thousands of nonprofits to bring you economies of scale on everything from Office Supplies to Fundraising Software.
  • The Nonprofit Voice in New York State NYCON represents our members on the local, state and national level, giving voice to small and medium sized nonprofits everywhere.





Upcoming Event Listing


Fundraising Breakfast Roundtables For Mid-Hudson Valley Nonprofits 
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Part III: May 22nd, 2014   8:00am to 9:30am
Creating A "Planned Giving Culture" at Your Nonprofit  

NYCON is pleased to bring a series of three exciting, interactive discussions on fundraising to Mid-Hudson Valley nonprofits this spring. NYCON staff expert Audrey Grifel, with 25+ years of practical experience working with nonprofits on fundraising and donor management, will be facilitating these exciting discussions with our special guest speaker, philanthropist Nick Preddice. Mr. Preddice will give you a rare glimpse into the world of a major donor - sharing his expertise and advice. 



Other Upcoming Webinars & Events from NYCON Partners.... 
Idealware


Southern Tier Capacity Building Mini-Grant and Assessment Programs: