An engaged board can be one of the most important organizational assets of a nonprofit. But nonprofit boards are often underutilized and are not always effective in significantly advancing an organization’s mission. Educating boards and executives about their legal duties, practical steps to take to effectively meet those duties, and best practices in mitigating exposure to organizational and personal liability/harm is key to establishing board engagement and effectiveness.
Nonprofits should be at the forefront of encompassing diversity, equity, and inclusion (“DEI”) into their governance and operations. While discussions regarding DEI are increasingly prevalent in the nonprofit sector, the next, more difficult, step forward is to turn the discussions into action. How do we, as part of the...
Many nonprofits use the term “ex officio director” (or “ex officio board member”) without a clear understanding of what the term means and how to properly incorporate one or more ex officio directors in their governance structures. Definitions The term director refers to an individual serving as a voting...
The Center for Effective Philanthropy reports that 70% of organizational leaders in the nonprofit sector consider staff diversity to be of great importance, yet only 36% believe they have actually achieved it. Nonprofit organizations that fight to improve social problems should consider incorporating explicit language on the importance of...
Sexual harassment has long been an epidemic whose immense scope we, as a society, have only recently recognized. No industry has been spared, as Hollywood, government, media, food, tech, and nonprofits have struggled, and continue to struggle, with sexual and other harassment scandals. Harassment in the workplace harms more...
A nonprofit corporation is ultimately governed by its board of directors, but a board may create committees to assist in fulfilling the board’s duties. Among the most common and important committees utilized by boards is a governance committee. The governance committee is generally responsible for reviewing the governance structures...
The chair of the board of directors (the “chair”) plays an extremely important role for a nonprofit organization. At the core of the chair’s duties, he or she generally presides over meetings of the board, collaborating with the chief executive to create a purposeful agenda and to set priorities,...
On January 23, 2018, NEO’s Erin Bradrick will be presenting So You Wanna Join a Nonprofit Board? at the Bar Association of San Francisco Conference Center from noon to 1:15 pm. The event (offered live and as a webinar) is sponsored by the Litigation Section of the Barristers Club. Victoria...
The term “member” is a term of art defined in California Nonprofit Corporation Law (the “Law”). Generally, a member under the Law (sometimes referred to as a “statutory member” or “voting member”) means any person who, under a provision of a corporation’s articles of incorporation (“articles”) or bylaws, has...
We are often asked to help nonprofit corporations review their bylaws and amend them as necessary or as desired. Bylaws may need to be reviewed and amended for legal compliance or risk management purposes or to match the existing or desired policies/practices of the corporation. The following are steps...
I’ll be on Nonprofit Radio this Friday at 10:30 am PT / 1:30 pm ET talking with host Tony Martignetti about what nonprofit boards get wrong. Catch us live on Talking Alternative or a few days later on iTunes. You may have heard rumors that your board isn’t perfect. We’ll run through the most glaring offenses you...