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Audioconference 2003
Presented by:
Virtual Seminar
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Ethical Leadership in Nonprofit Organizations:
How to Conduct an Ethics Audit
C4LEAPS@aol.com
Agenda
I. THE CONTEXT
A. Why?
1. Why is the issue of ethical leadership important to the nonprofit sector?
2. Why is the topic of ethics audits important to AFP members?
B. What?
1. What definitions are we using?
2. What is an “ethics audit”?
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I. THE CONTEXT
A. Why?
1. Why is the issue of ethical leadership of heightened importance to the nonprofit sector?
a. Earning and protecting “public trust”
“Public trust is the most important asset of the nonprofit and philanthropic community….
Donors give to and volunteers get involved with charitable organizations because they trust
them to carry out their missions, to be good stewards of their resources, and to act according to
the highest ethical standards.” INDEPENDENT SECTOR.
b. Recent scandals in and negative stories about the nonprofit sector undermine public trust
“[Public] trust can be gradually undermined by instances of fiscal irresponsibility,
mismanagement, wastefulness, and fraud within the sector…. [Indeed,] illegal actions by a tiny
number of organizations … could poison the well of public good will toward all not-for-profit
organizations.” Joel Fleishman, “Public Trust in Not-for-Profit Organizations and the Need for
Regulatory Reform,” in Philanthropy and the Nonprofit Sector, Clotfelter & Ehrlich, eds. (1999).
c. The modern Hydra monster that nonprofits face
Nonprofits face a new evil Hydra monster – including increased demands for services,
seemingly decreasing resources, and increased competition for those limited resources – that
intensifies pressure to cut corners in the short run that can be devastating in the long run.
d. Increased scrutiny with potentially increased regulation, oversight, and costs:
¾ Legislators: Congress enacted the Sarbanes-Oxley Act, which requires publicly-traded
companies to – among other things – disclose whether they have adopted a codes of ethics
(and if not, why not). While not directly applicable to nonprofits, many predict that the
effective requirement of having a code of ethics will migrate quickly to nonprofits.
¾ Regulators: “The New York State Attorney General said he will propose legislation that
calls for nonprofit chief executive officers to certify financial reports and the adequacy of
internal controls at the organization … and demonstrate the independence of audit
committees that certify financial statements…. The proposed legislation would affect New
York State registered nonprofits with annual revenue of at least $250,000, but could have
repercussions across the nation…. ‘We collectively need to ratchet up the intensity of our
participation and examination of these organizations, or else we won’t be in the position to
restore the confidence of the American public,’ [Attorney General] Spitzer said.…. [But] a
CPA … said Spitzer’s plan will hurt small nonprofits….[because] fees for such audits
would range from $7,000 to $10,000 [which amounts to] between 2.8 and 4 percent of
income for an organization with $250,000 in revenue.” Jeff Jones, “Nonprofits Under Siege
from State AGs,” The Nonprofit Times (March 1, 2003).
¾ U.S. Supreme Court: The Court has issued a decision about nonprofit fundraising,
Madigan v. Telemarketing Associates, that could be misinterpreted by the media and spun
in a negative light that hurts all nonprofits.
¾ Funders: Many contributors have been looking for more assurances that their funds are
being used appropriately. “Donors to nonprofit organizations are keeping closer tabs on
how those organizations spend their contributions, with some donors even taking back gifts
when they feel their intentions haven’t been honored, the New York Times reports.”
Philanthropy News Digest (The Foundation Center April 1, 2003).
Bottom-line: AFP members need to recognize that maintaining public trust is a survival
issue for their organizations and the nonprofit sector as a whole.
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2. Why is the topic of ethics audits important to AFP members?
a. Because it is the right thing to do.
¾ “All organizations undergo a metamorphosis over time that calls for periodic review, fine-
tuning, and sometimes major overhaul of their governance structures. Organizational
performance, like human performance, is cyclical in effectiveness and in need of renewal as
it evolves over time.” Richard Ingram, in Ten Basic Responsibilities of Nonprofit Boards.
¾ Conducting an ethics audit “will make the business articulate its ethical priorities; it will
make the business aware of its successes and shortcomings; and it will allow feedback and
continuous improvement.” Elizabeth Vallance, in Business Ethics at Work.
b. Because it is the smart thing to do.
Why is it “smart”? Because an ethics audit is one means by which to fulfill your obligations to
the AFP Code of Ethical Principles and Standards of Professional Practice!
¾ “The Association of Fundraising Professionals (AFP) exists to … preserve and enhance philanthropy
and volunteerism.”
¾ “Members of AFP… serve the ideal of philanthropy; are committed to the preservation and
enhancement of volunteerism; and hold stewardship of those concepts as the overriding principle of
their professional life.”
¾ “AFP members aspire to:
o “practice their profession with integrity, honesty, truthfulness and adherence to the absolute
obligation to safeguard the public trust;
o “act according to the highest standards and visions of their organization, profession, and
conscience; …
o “inspire others through their own sense of dedication and high purpose; …
o “adhere to the spirit as well as the letter of all applicable laws and regulations;
o “advocate within their organizations, adherence to all applicable laws and regulations;
o “avoid even the appearance of any criminal offense or professional misconduct; …
o “encourage colleagues to embrace and practice these ethical principles and standards of
professional practice”
¾ Standard No. 1: “Members shall not engage in activities that harm the members’ organization,
clients, or profession.”
¾ Standard No. 2: “Members shall not engage in activities that conflict with their fiduciary,
ethical, and legal obligations to their organizations and their clients.”
¾ Standard No. 3: “Members shall effectively disclose all potential and actual conflicts of
interest; such disclosure does not preclude or imply ethical impropriety.”
¾ Standard No. 4: “Members shall not exploit any relationship with a donor, prospect,
volunteer, or employee for the benefit of the member or the member’s
organization.”
¾ Standard No. 5: “Members shall comply with all applicable local, state, provincial,
federal, civil and criminal laws.” … and more…
c. Because it is a survival issue.
Nonprofits depend heavily on positive public trust. When that trust erodes, it makes it more
difficult for nonprofit organizations to do their important work … and it makes it more difficult
for AFP members to raise the funds for those nonprofits to fulfill their missions. An ethics
audit can serve as a template or roadmap to guide nonprofits to better protect the public’s trust.
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B. What?
1. What definitions are we using?
a. “Ethics”
Webster’s provides the following definition for the term ‘ethics’:
“the discipline dealing with what is good and bad and with moral duty and
obligations; a set of moral principles and values; a theory or system of moral
values; the principles of conduct governing an individual or group”
The underscored part, loosely translated, means “knowing the rules of the game.”
In the nonprofit sector, people have been using another ‘ethics’ related word --
“accountability” -- with great frequency (perhaps because of the public trust issue).
b. “Audit” = “a methodological examination and review” – Webster’s
c. Terminology of “ethics audits”
One significant challenge involves terminology. While most people are familiar with
traditional “financial audits” to review an organization’s financial health, few are
familiar with “ethics audits.” Unfortunately, because it is an unfamiliar term, many
people may assume (incorrectly) that an organization conducting an ‘ethics audit’ has a
problem with ethics. Accordingly, organizations may prefer to use alternative
terminology until the concept of a proactive ethics audit becomes more common.
Alternative terms include the following:
• Accountability assessment
• Accountability audit
• Accountability review
• Ethics assessment
• Ethics review
• Fiduciary responsibility review
• Organizational audit
• Organizational review
• Public trust assessment
• Public trust accountability review
• Public trust organizational review
Bottom-line: Consider whether your nonprofit has completely earned the right to the
public’s trust. Sure, the nonprofit involves a noble cause, but does the nonprofit
have a code of ethics? A conflict of interests policy? A meaningful orientation
and training program? A system to assist with ethical decision-making?
Assurances that it is complying with applicable laws? A comprehensive review
of the basics will allow the organization to prove to itself (and others) that it
“knows and follows the rules” and thereby merits the public’s trust.
Purpose: To review the operations of the nonprofit organization to ensure that it both
knows and complies with:
¾ the minimum standards set by law (societal/ legal audit);
¾ the higher standards that the organization should have of itself
(internal/ organizational audit); and
¾ the highest standards that the organization strives to achieve for those with which it
interacts, including donors and the general public (external/ relational audit); and
in the process identify any areas that need improvement so corrective action
can be taken.
Process:
Who Every nonprofit organization, whether new or old, large or small.
What Review, among other things, the following broad areas:
¾ Do external laws apply to the organization (and do the people who need to know
about those laws [e.g., employees, part-time and summer help, volunteers, and
agents] know the required standards)?
¾ Do internal, agreed-upon standards exist?
¾ If so, are those internal and external standards shared in a MEANINGFUL way?
¾ Do the organization’s actions align with its articulated values?
¾ Does a system exist (and is it known) to get preventive assistance?
¾ How are the articulated values kept visible and vibrant?
The review should look at the overall organization, as well as its component parts, such
as issues relating to employment, confidentiality of information regarding clients and
others, use of resources, conflicts of interests, and more.
When Regularly – a comprehensive audit every 3 years (depending on the needs of the
organization), with periodic reviews more frequently (such as an annual review of any
changes to external legal standards, to review written guidelines [such as a code of
ethics], or the soundness of training or preventive assistance programs).
Where Throughout the organization – not just in the leader’s mind, but also with volunteers
in the field, staff behind the scenes, and other representatives of the organization.
Why Concentric ring analysis: to avoid personal liability (civil and criminal), to protect the
organization/its mission/those it serves, to model the way for others (public, private,
nonprofit) in the community, and because it is the right thing to do.
How Either internally (by a respected person) or externally (by an independent and respected
person or entity – perhaps a lawyer, an accountant, or another informed consultant).
Punctuate Just as you finish a sentence with punctuation, so too you should finish an ethics audit
with action: remove causes of ethics problems (human, policies, or otherwise), develop
necessary systems, support your people (managers, staff, board, volunteers) with
MEANINGFUL training, or do whatever else is needed.
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Personal
Audit of
Relational Standards
to Interact with Others
Audit of Internal
Standards Set by
the Organization
Audit of Legal
Standards Set
by Society
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Ethics Audits:
A Concentric Ring Analysis
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Serving Two Purposes:
The Janus Effect of Ethics Audits
Janus
Janus, the Roman god of beginnings, is depicted as a head with two faces looking in opposite
directions. Nonprofits need to view ethics audits as tools that, like Janus, look both forwards
and backwards.
Looking backwards.
Most people can readily see how an audit looks backwards: did past actions comply with the
rules and expectations? In sum, this view “measures past actions.”
Looking forwards.
Nonprofits need to understand how an ethics audit also can serve as an important tool to guide
future action, not just measure past actions. Consider:
B. Exemption(s)
1. application for nonprofit status
• undertaking or contemplating activities outside the original scope?
2. latest federal 990 return
3. copies of all correspondence with IRS
4. IRS determination letter
5. state exemption documents
6. state or provincial governmental charitable solicitation filing(s)
7. complying with transparency disclosures of access to foregoing?
D. Operations
1. any special statutory requirements/prohibitions?
• e.g., confidentiality of patient records
2. any general statutory requirements/prohibitions?
3. any contractual (by clients/vendors/donors) requirements/prohibitions?
4. General Checklist of Federal/Provincial/State/Local Laws and Regulations:
• Financial
• Fundraising
• Human Resources (such as unemployment insurance, confidentiality
of records)
• Licensing (in the event the nonprofit engages in certain regulated
activities, such as child care)
• Lobbying
• Registration
• Taxation (employment, income, property, etc.)
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Main AFP Standards and Guidelines Relating to Legal Audit Component:
AFP Standard No. 2: “Members shall not engage in activities that conflict with their fiduciary, ethical,
and legal obligations to their organizations and their clients.”
Guideline c: “Members shall make every reasonable effort to assure that their organization’s
obligations are held to the highest ethical standard and conform to applicable law.”
Examples of Ethical Practice:
1. “Knowing and, if necessary, informing organizational leadership and/or
organizational clients of applicable ethical and legal fiduciary practices.
2. Being prepared to inform appropriate organizational leadership of any illegal
practices in which their organization may be participating.”
Examples of UnEthical Practice:
3. “Ignoring known illegal practices of the member’s organization.
4. Encouraging others to engage in unethical or illegal gift transactions.”
AFP Standard No. 3: “Members shall effectively disclose all potential and actual conflicts of interest;
such disclosure does not preclude or imply ethical impropriety.”
Guideline d: “Members encourage their organizations to adopt policies on conflicts of interest.”
Guideline f: “Members understand the provisions of the IRS ‘Intermediate Sanctions’
regulations or their equivalent in other countries, that apply to persons associated with
nonprofit organizations who might also benefit from business or commercial
arrangements with the organization.”
AFP Standard No. 5: “Members shall comply with all applicable local, state, provincial, federal, civil and
criminal laws.”
Guideline a: “Members recognize that compliance with applicable laws is a clear standard.
Nevertheless, laws regarding fundraising are proliferating, and ethical practitioners,
remembering the admonition that ignorance of the law is no excuse, must be alert to new
laws.”
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Sampling of Items for Organizational Audit Component:
Complying with Internal Standards Set by the Organization
A. Standards
1. mission statement
• is there one?
• when was it last revised?
• when was it last used—by board? by staff? by volunteers?
2. values statement
3. written code of ethics [and/or code of conduct]
4. written policies on conflicts of interests
5. written standards regarding gifts
6. personnel policies and procedures
B. Integration of Standards
1. purposeful recruitment/hiring
2. comprehensive orientation
3. meaningful training
4. continuous sensitivity
5. evaluations with worthy incentives
6. accountability through enforcement
D. Governance
1. Board (attendance; composition; size; meetings)
2. Committees (via bylaws; operational aspects)
3. Any subsidiaries or joint operations?
4. Clarity of roles of staff and board
E. Financial
F. Self-evaluation
1. Organization?
2. Programs?
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Main AFP Standards and Guidelines Re: Organizational Audit Component:
AFP Standard No. 1: “Members shall not engage in activities that harm the member’s organization, clients….”
Guideline a: “Members shall subscribe to and become advocates for the mission and goals of their
organization.”
Examples of Ethical Practice:
1. “Refusing to participate in activities contrary to the organization’s mission and goals.”
3. “Maintaining one’s education in philanthropy and fundraising best practices to convey
appropriate advice to constituents, the community, and the public.”
Examples of UnEthical Practice:
3 “Ignoring unethical practices of others and not reporting same to organizational leadership or
appropriate authorities (e.g., Legal, AFP, etc.).”
AFP Standard No. 2: “Members shall not engage in activities that conflict with their fiduciary, ethical,
and legal obligations to their organizations and their clients.”
Guideline c: “Members shall make every reasonable effort to assure that their organization’s
obligations are held to the highest ethical standard and conform to applicable law.”
Examples of Ethical Practice:
1. “Knowing and, if necessary, informing organizational leadership and/or
organizational clients of applicable ethical and legal fiduciary practices.
2. Being prepared to inform appropriate organizational leadership of any illegal
practices in which their organization may be participating.”
Examples of UnEthical Practice:
3. “Ignoring known illegal practices of the member’s organization.
4. Encouraging others to engage in unethical or illegal gift transactions.”
AFP Standard No. 3: “Members shall effectively disclose all potential and actual conflicts of interest;
such disclosure does not preclude or imply ethical impropriety.”
Guideline d: “Members encourage their organizations to adopt policies on conflicts of interest.”
AFP Standard No. 5: “Members shall comply with all applicable local, state, provincial, federal, civil and
criminal laws.”
Guideline a: “Members recognize that compliance with applicable laws is a clear standard.
Nevertheless, laws regarding fundraising are proliferating, and ethical practitioners,
remembering the admonition that ignorance of the law is no excuse, must be alert to new
laws.”
Examples of Ethical Practice:
1. “Undertaking personal responsibility for keeping up with changes in applicable laws
and regulations.
2. Recognizing that one’s employer may not be in compliance with applicable laws due
to lack of knowledge, and bringing this to the attention of appropriate organizational
leadership.
3. Ensuring that reports which are part of regulatory requirements for which the
member may have some responsibility are completed accurately and in a timely
manner.
4. Maintaining appropriate licensure, registration, or certification requirements.”
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Sampling of Items for Relational Audit Component:
Complying with Standards Regarding Interactions with Others Set by Society or the Organization
[NOTE: While not listed in the “Legal Audit” category, many of these items involve legal rights.]
FOR ALL CATEGORIES: Does the nonprofit treat them with respect and dignity?
A. Clients
o [details will vary by agency]
o Confidentiality and privacy
o Disclosure of information (e.g., new HIPPA)—to client? to parents?
o Screen potential employees and volunteers working with youth?
B. Donors
o Solicitations
i. review copies for required disclosures in solicitation
ii. general accuracy of solicitation (e.g., past results and intended use)
iii. written verifications of donations?
iv. keep donors informed?
o Restricted funds
i. maintained as such?
ii. use of residuals?
C. Employees
o fair pay and benefits?
o support their continuing ethics training and development?
o support their compliance with their other professional codes?
o evaluations?
D. Volunteers
o appropriate orientation, training, and support?
o indemnify and insure?
E. Fundraisers
F. Vendors
G. Third Parties/Public
o Insurance
i. current D & O
ii. current general liability
iii. property
iv. vehicle
v. unemployment
vi. workers compensation
o Internet policies
o Advocacy and education
AFP Standard No. 13: “Members shall adhere to the principle that all donor and prospect information
created by, or on behalf of the organization, is the property of that organization…”
AFP Standard No. 14: “Members shall give donors the opportunity to have their names removed from
lists that are sold to, rented to, or exchanged with other organizations.”
AFP Standard No. 16: “Members shall not accept compensation that is based on a percentage of
charitable contributions; nor shall they accept finder’s fees.”
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III. ANCILLARY ISSUES
A. Who?
1. Who may suggest that an ethics audit be conducted?
¾ “AFP members … advocate within their organizations, adherence to all applicable laws and
regulations”
¾ AFP Guideline 2c: “Members shall make every reasonable effort to assure that their organization’s
fiduciary obligations are held to the highest ethical standard and conform to applicable law”
¾ AFP Standard 3d: “Members encourage their organizations to adopt policies on conflicts of interest.”
¾ AFP Standard 5b: “Members consult the legal counsel involved with their own organizations.”
¾ AFP Guideline 10c: “Members urge their organizations to adopt and operate within written policies
governing planned gifts, donor recognition, and investments.”
¾ AFP Guideline 12j/k: “Members urge the development of written policies at their organizations…”
¾ AFP Guideline 13b: “Members encourage the nonprofit…to develop written policies….”
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C. Where?
1. Where to turn for help?
Written materials to help with ethics audits are very limited, but some resources worth
consulting include the following:
¾ Frederick G. Reamer, The Social Work Ethics Audit: A Risk Management Tool
(NASW Press 2001)
¾ Kathryn Tyler Scott, Creating Caring and Capable Boards – Reclaiming the
Passion for Active Trusteeship (Jossey-Bass 2000)
The Internet offers a number of good websites about ethics in the nonprofit sector,
including the following:
¾ BoardSource: www.boardsource.org
¾ IRS: www.irs.gov
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Some Final Images …
“Nonprofit board members have come under increased scrutiny in recent years,
caused in part by a few organizations that have failed to maintain appropriate oversight and
therefore fell victim to fraud, embezzlement, or some other breach of public trust.
The board is ultimately responsible for ensuring adherence to legal standards and ethical norms.”
-- Richard Ingram
“The greatest threat to the not-for-profit sector is the betrayal of public trust,
the disappointment of public confidence. Virtually all knowledgeable observers
of the not-for-profit scene believe that an overwhelming proportion of not-for-profits
are honorably run, even if not most efficiently and effectively.
That admirable context, however, does not provide much protection to
the sector when a sequence of highly publicized disgraceful not-for-profit misdeeds occurs.”
--Joel Fleishman
“Voluntary action on behalf of the common good is the inherited legacy of every American,
and gives life to an abiding belief that we share responsibility for the creation
and quality of community life.”
--Kathryn Tyler Scott
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APPENDICES
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Appendix A
AFP members aspire to: 5. Members shall comply with all applicable local, state, provincial, fed-
✦ practice their profession with integrity, honesty, truthfulness and adher- eral, civil and criminal laws.
ence to the absolute obligation to safeguard the public trust; 6. Members recognize their individual boundaries of competence and
✦ act according to the highest standards and visions of their organization, are forthcoming and truthful about their professional experience and
profession and conscience; qualifications.
✦ put philanthropic mission above personal gain;
✦ inspire others through their own sense of dedication and high purpose; Solicitation and Use of Charitable Funds
✦ improve their professional knowledge and skills in order that their per- 7. Members shall take care to ensure that all solicitation materials are
formance will better serve others; accurate and correctly reflect the organization’s mission and use of
✦ demonstrate concern for the interests and well being of individuals solicited funds.
affected by their actions; 8. Members shall take care to ensure that donors receive informed, accu-
✦ value the privacy, freedom of choice and interests of all those affected by rate and ethical advice about the value and tax implications of poten-
their actions; tial gifts.
✦ foster cultural diversity and pluralistic values, and treat all people with 9. Members shall take care to ensure that contributions are used in
dignity and respect; accordance with donors’ intentions.
✦ affirm, through personal giving, a commitment to philanthropy and its 10. Members shall take care to ensure proper stewardship of charitable
role in society; contributions, including timely reports on the use and management
✦ adhere to the spirit as well as the letter of all applicable laws and regulations; of funds.
✦ advocate within their organizations, adherence to all applicable laws and 11. Members shall obtain explicit consent by the donor before altering
regulations; the conditions of a gift.
✦ avoid even the appearance of any criminal offense or professional mis-
conduct; Presentation of Information
✦ bring credit to the fundraising profession by their public demeanor; 12. Members shall not disclose privileged or confidential information to
✦ encourage colleagues to embrace and practice these ethical principles unauthorized parties.
and standards of professional practice; and 13. Members shall adhere to the principle that all donor and prospect
✦ be aware of the codes of ethics promulgated by other professional information created by, or on behalf of, an organization is the proper-
organizations that serve philanthropy. ty of that organization and shall not be transferred or utilized except
on behalf of that organization.
STANDARDS OF PROFESSIONAL PRACTICE 14. Members shall give donors the opportunity to have their names
Adopted and incorporated into the AFP Code of Ethical Principles removed from lists that are sold to, rented to, or exchanged with
November 1992 other organizations.
15. Members shall, when stating fundraising results, use accurate and con-
Furthermore, while striving to act according to the above values, AFP sistent accounting methods that conform to the appropriate guide-
members agree to abide by the AFP Standards of Professional Practice, lines adopted by the American Institute of Certified Public
which are adopted and incorporated into the AFP Code of Ethical Accountants (AICPA)* for the type of organization involved. (*In
Principles. Violation of the Standards may subject the member to discipli- countries outside of the United States, comparable authority should
nary sanctions, including expulsion, as provided in the AFP Ethics be utilized.)
Enforcement Procedures.
Compensation
Professional Obligations
16. Members shall not accept compensation that is based on a percentage
1. Members shall not engage in activities that harm the member’s organ- of charitable contributions; nor shall they accept finder’s fees.
ization, clients, or profession. 17. Members may accept performance-based compensation, such as
2. Members shall not engage in activities that conflict with their fiduci- bonuses, provided such bonuses are in accord with prevailing prac-
ary, ethical, and legal obligations to their organizations and their tices within the members’ own organizations, and are not based on a
clients. percentage of charitable contributions.
3. Members shall effectively disclose all potential and actual conflicts of 18. Members shall not pay finder’s fees, commissions or percentage com-
interest; such disclosure does not preclude or imply ethical impropriety. pensation based on charitable contributions and shall take care to dis-
4. Members shall not exploit any relationship with a donor, prospect, courage their organizations from making such payments.
volunteer or employee to the benefit of the member or the member’s
organization. Amended October 1999
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Appendix B
Sampling of Organizational Component
Worksheet for Nonprofit Ethics Audit
Copyright © 2002 Tim Delaney
The Center for Leadership, Ethics, and Public Service
C4LEAPS@aol.com
B. Formal Standards
1. Do you have a written code of ethics/code of conduct? Yes___ No___
a) If yes, what? ________________
b) When was it last revised? ______ Reviewed? ____ By whom?___________
2. Do you have written policies/procedures/rules/regulations? Yes___ No___
a) If so, what? List the various sets of written standards:
b) When was each last revised? ___ Reviewed? ___ By whom? _______________
3. So unique federal, provincial, state, or local laws apply to your nonprofit? Yes___ No___
a) If yes, do you have written materials explaining those laws? Yes___ No___
4. Do you have written guidelines for ethical decision-making? Yes___ No____
a) If yes, to whom do you distribute them? _____________________________________
b) If no, how are ethical dilemmas resolved? ____________________________________
5. Are the formal ethics standards identified above clear and understandable? Yes___ No___
a) If yes, are they readily available to all stakeholders? Yes ___ No ___
2. Are each set of those formal written standards materials explained in detail to:
a) all employees? Yes___ No___ If yes, when and how? _____________
b) all board members? Yes___ No___ If yes, when and how? _____________
c) all volunteers? Yes___ No___ If yes, when and how? _____________
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3. Do you provide a quality orientation program to:
a) all new employees? Yes __ No __
b) all new board members? Yes __ No __
c) all new volunteers? Yes __ No __
4. When was the last time you provided meaningful ethics training to:
a) all employees? ____________ If yes, how? ______________
b) all board members? ____________ If yes, how? ______________
c) all volunteers? ____________ If yes, how? ______________
5. What other methods do you use to keep ethics sensitivity high and core values visible:
a) internal newsletters? Last used this technique: ______________
b) memoranda? Last used this technique: ______________
c) e-mail reminders? Last used this technique: ______________
d) other? ____________ Last used this technique: ______________
____________ Last used this technique: ______________
B. Application
1. Who is responsible for managing your nonprofit’s ethics issues on a daily basis?
_____________________
2. Are your agreed-upon standards used when recruiting/interviewing/hiring?
Yes___ No___ If yes, how? ____________________________________
1. 4. Does the organization offer a decision-making model to help stakeholders? Y__ N__
If yes, is it readily available?
If yes, is it used? _______ When was the last time it was used by
the board? ___________________
the executive staff?____________
line staff?____________________
volunteers?___________________
C. Perception
1. Is management satisfied with the behavior of
a) the organization as a whole? Yes___ No___ If no, why not?_____________
b) employees? Yes___ No___ If no, why not?_____________
c) volunteers? Yes___ No___ If no, why not?_____________
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2. If you surveyed people, would
a) employees rate supervisors as honest, fair, trustworthy? Yes___ No___
b) managers rate employees as honest, fair, trustworthy? Yes___ No___
c) recipients of your services rate the nonprofit as honest, fair, trustworthy?
Yes___ No__
3. If donors could see things behind the scenes, how would they regard the nonprofit?
5. If you surveyed people, who would be regarded as the nonprofit’s ethics leader?______
6. When something goes wrong, does a positional leader take responsibility and initiate
corrective action?
* * * * *
Based on the foregoing information:
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Appendix C
Respecting Your Donors’ Intentions
Copyright © 2001 Tim Delaney
A donor gives your nonprofit organization (NPO) $10,000 for computers, but someone else gives you
eight new computers. Can you now use the $10,000 for another purpose? A supporter gives your NPO $50,000
for a new project, but a sudden cash flow problem means that your employees won’t get paid for six weeks.
Can you “borrow” that money to ease the cash flow problem? A couple donates $10,000 in stock to help build a
room onto your building, but you learn that someone is trying to buy land across the street that you need for
future expansion. Can you use the stock to quickly buy the land?
Some may read those real-world scenarios and leap ahead to the question: “Where do you draw the line
in changing the donor’s intent?” After the original need is met? When a short-term emergency poses a greater
need? Or if a once-in-a-lifetime opportunity will be lost if action is not taken immediately?
However, those who leapt ahead skipped a more fundamental question: “When can I re-draw the line?”
The answer: you should never unilaterally re-draw a line set by a donor.
Donors give for a variety of reasons. Most who give to your NPO believe in your cause. Some,
however, might give for reasons you don’t know about. For example, they donate funds to purchase computers
because their grandfather helped design the first computer, so if you don’t need the money for computers they
will give their money to a group that does.
If you unilaterally alter the donor’s intent, you create several layers of trouble. First, it engenders
distrust for all NPOs. Second, your NPO can be harmed, in that the particular donor may not give again and
may complain to others that you are untrustworthy, damaging your NPO’s reputation. Third, depending on how
severe the alteration is, the donor may even file suit.
While it is rare for these types of matters to wind up in court, it does happen. For example, in 1968 the
Arizona Supreme Court decided a case similar to one of the scenarios above. A couple gave $10,000 worth of
stock to construct an annex to a Sunday school building. Later, church officials asked for permission to use
$8000 of the stock to purchase land across the street from the church. The couple said no and asked that their
donation be returned, but the church refused. The couple then filed suit to recover their donation.
The Arizona Supreme Court held that “where the gift has passed into the hands of the donee, there is an
implied promise agreeing to the purposes for which it is offered.” The court continued: “the church… is bound
both in law and in good conscience to perform the conditions or to return the stock.”
The court’s decision parallels a provision in the Association of Fundraising Professionals’ Code of
Ethical Principles [ AFP Standard No. 9] , which requires that fundraisers “shall take care to ensure that
contributions are used in accordance with donors’ intentions.”
So what should a NPO do? First, when possible, seek unrestricted funds. Second, where funds are
restricted, make sure the restrictions are as clear as possible so no misunderstandings arise. Third, if
circumstances change and a greater need develops, ask the donor to alter the restrictions. Most donors want to
help and after hearing the greater need probably will authorize the new use. But even if they don’t, you will
build trust and avoid unnecessary trouble.
* * *
Tim Delaney is an attorney with extensive experience in the public, private, and nonprofit sectors who recently
founded an independent, nonprofit think tank, The Center for Leadership, Ethics, and Public Service. You can
reach Tim at C4LEAPS@aol.com.
Note: This article first appeared in the Fall 2001 edition of PhilanthropyWorksAZ, published by AFP member
Susan Walling.
26
Appendix D
Playing by the Established Rules
Copyright © 2003 Tim Delaney
Ethics scandals and their aftermath dominated the news last year, from the covers of magazines
to television talk shows. But unlike past scandals that flowed from the public sector (such as
Watergate, Iran-Contra, and Clinton/Lewinsky), these new scandals emanated from the private sector
(including Arthur Andersen, Enron, and WorldCom) and the nonprofit sector (the Catholic Church and
the Olympics).
In each of these cases, the wrong seemed so obvious. Indeed, one wonders how the unseemly
transgressions could have occurred in the first place or been so mishandled later. Conscientious
leaders in business, government, and nonprofit organizations must ask, “If scandals could happen to
those revered institutions, what can I do to prevent such damaging improprieties in my organization?”
The answer involves much more than telling people to “do the right thing.” Indeed, successful
leaders protect and enrich their organizations by activating responsible ethics programs with four vital
elements: a written set of ethics standards, meaningful integration of those standards into daily
operations, readily-available assistance, and ethics audits to determine where improvements can be
made.
Yet a code of ethics involves much more. It equates to an organization’s established rules.
People recognize that games like Monopoly and football have rules, so explaining that the code of
ethics amounts to the organization’s established rules that people must play by should help keep them
alert.
First, standards should be written. Otherwise, people are forced to guess what is expected. Plus,
written standards promote consistency over time.
Second, standards should be as clear, simple, and succinct as possible. Thick, dense, and
complex rules will never be read because they scare people away. (By comparison, when was the last
time you sat down to voluntarily read the Internal Revenue Code?)
Third, standards must be comprehensive, setting forth the organization’s values and
expectations. Enforcement of undisclosed expectations breeds distrust.
(So how can you reconcile the last two points of being simple yet comprehensive? Use of a
multi-tiered set of standards can help. For example, a crisp one-page code of ethics can be augmented
with additional detail through other tools, such as an employee handbook and policy manual. Always
be sure to include information about any applicable laws.)
27
Fourth, standards should have a reasonable objective. Standards can be aspirational to inspire
best behavior, punitive to identify inappropriate behavior that will be punished, or prescriptive to assist
with ethical decision-making. Some standards contain a little of each, such as having an aspirational
creed that identifies desired behavior, a code of ethics that sets forth unacceptable behavior, and a code
of conduct that provides more detailed guidance.
Fifth, standards should disclose enforcement mechanisms, including reasonable sanctions and
procedural safeguards, so people know the consequences.
Time to revise?
So how do your organization’s standards compare? And when were they last modified? Is it
time to revise them?
If fine-tuning is due, then use a participatory process. People are more willing to honor and
enforce codes that they helped develop. Involve all stakeholders who will be expected to comply with
the code (such as board members, employees, managers, and volunteers) through surveys, interviews,
small group discussions, and other devices.
The power of the code is not in the words alone, but in the process of dialogue and learning that
aligns the organization’s values.
The bottom-line: People must know the expectations against which their actions will be
measured. As Carol Lewis quotes from a study in her book, The Ethics Challenge in Public Service,
members of organizations “need to know what is regarded as acceptable and what is not….Can an
organization afford to have its members trying to guess what its standards are?”
* * *
Tim Delaney, a former Chief Deputy Attorney General, is founder of The Center for
Leadership, Ethics, and Public Service, an independent 501(c)(3) nonprofit public benefit organization
in Phoenix. Tim can be reached at C4LEAPS@aol.com.
Note: This column first appeared in the April 11, 2003 edition of The Business Journal.
28
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techniques, you can experience the Dove on Fundraising program without leaving your office. Through
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Teaching Audio Class # 5 on prospect research, Vicky L. Martin is Director of Research Management and
Information Services at the Indiana University Foundation. She is a popular presenter and lecturer in the field of
research and teaches in both the schools of Health, Physical Education, and Recreation, and Public and Environmental
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and Alumni Programs at the Indiana University College of Arts and Sciences. Previously he served as Director of
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• #3 May 8, 2003: Readiness Assessment for a Capital Campaign: The Key to Success
Are you preparing to do a capital campaign? Do you have questions about how prepared you are to begin?
Do you know the right questions to ask? If so, do you know how to evaluate the answers? Learn how to
assess your prepared-ness to undertake a capital campaign by responding to 10 fundamental questions using
a numerical rating system, (the Dove Preparedness Index - DPI). As a bonus, your organization, if you
choose, can submit your DPI results back to AFP and the instructor will provide, through AFP, a brief,
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Late fee: $10 more if registration is received five or fewer business days prior to the program
Can’t make the Audioconference? Note: Use of an audiotape of the program qualifies for 1.5 points toward CFRE education
requirements. Also available:
[] Audiotape/materials package $150 (Shipped approximately two weeks following the program)
Name____________________________________MemberID#______________Title________________
Organization___________________________________________________________________________
StreetAddress__________________________________________________________________________
City__________________________________State/Province_______________Zip/Postal Code___________________
Phone__________________________Fax___________________________E-mail__________________
Dialing-in instructions for the program as well as the URL for accessing your class materials will be e-mailed to you. (You will
need the Acrobat Reader, available free at www.adobe.com)
[ ] Please check here if you are unable to receive your materials via the Web. We will ship a hard copy to you.
By FAX: Complete form with credit card information and fax to 800-676-0734
By PHONE: Call 800-775-7654 please have your credit card information ready
By MAIL: KRM Information Services, Inc., PO Box 1187, Eau Claire, WI 54702-1187
Ethical Leadership in Nonprofit Organizations: How to Conduct an Ethics Audit: May 21, 2003 FRE7230-0
What was your overall impression of the program and the virtual seminar format? Additional Comments?
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