Showing posts with label Policy. Show all posts
Showing posts with label Policy. Show all posts

Tuesday, November 19, 2013

Policy Poll: Government Contracting & Prompt Payment Practices


Take the "Government Contracting and Prompt Payment Poll": Help Enhance the Upcoming National Report with Real Stories from New York's Nonprofits!  
Deadline: December 2nd

As many of you are well aware, government contracting issues have an immense impact on the ability of nonprofits in New York State to carry out their mission. 

Though we are the only state with a "Prompt Contracting" law designed to safeguard nonprofits through the contracting process, there are still many hurdles New York Nonprofits face when attempting to get timely, adequate payment for our services.  NYCON strives to be an active and committed partner both with our Members and representatives of  government on initiatives aimed at improving the state contracting process.  

In order to do this, NYCON is now asking all nonprofits with government contracts to please take a few moments to complete this Pulse Poll: Contracts and Grants regarding your recent experiences.

Results from this poll will be used to supplement and enhance the findings from the upcoming Urban Institute study. We would greatly appreciate any stories and specific examples you can provide on how your government contracts or grant experiences have affected your organization or those you serve.  

All stories will be kept anonymous unless you have given your permission to use your experience as an example in any discussions or documents produced regarding these issues.  

NYCON does expect media sources to be contacting our office after the study's release. We hope your answers can be a resource for us to draw upon to give a clear and realistic picture of how state contracting problems impact New York's nonprofits presently.  
  
Click here to take the Pulse Poll: Contracts and Grants, or paste this link into your browser:

Please complete your survey ASAP, but no later thanDecember 2, 2013. Also, please share this message broadlywith your colleague organizations that may have government contracts or grants.    

If you have any questions, please call us at (518) 434-9194 ext 126or email avanderwarker@nycon.org.

Sincerely,
Doug's Signature

          
  
  
Doug Sauer, CEO
New York Council of Nonprofits, Inc. (NYCON)


The Urban Institute, along with the National Council of Nonprofits, will be releasing a study on December 5th, 2013 on state contracting and payment practices.  


Wednesday, October 5, 2011

Voluntary Compliance Program announced by IRS to address worker misclassification

Information for your members: You may have seen that in late September the IRS announced a voluntary compliance program for employers (including nonprofit employers) to enable those who have mistakenly classified workers as independent contractors to make a correction, along with a modest payment, and avoid the usual penalties of noncompliance. This program’s announcement offers an opportunity to remind nonprofits about the risk of misclassification and share information with them about the voluntary compliance program. See the National Council’s website materials on this topic.

Here is the text of the IRS announcement about the voluntary compliance program (from the IRS’s EO Update circulated on October 4):

“The IRS has launched a new program that will enable many employers, including tax-exempt employers, to resolve past worker classification issues and come back into compliance by making a minimal payment covering past payroll tax obligations rather than waiting for an IRS audit. To be eligible for the new Voluntary Classification Settlement Program an applicant must:

Consistently have treated the workers as nonemployees in the past

Filed all required Forms 1099 for the workers for the previous three years

Not currently be under audit by the IRS, Department of Labor or a state agency concerning the classification of these workers.

Full details, including FAQs, will be available on the Employment Tax Pages of IRS.gov and in Announcement 2011-64.”

Monday, April 19, 2010

Program: Core Policies for Your Volunteers, Board and Staff

The April 14th morning program titled” Core Policies for Your Volunteers, Board and Staff” was held at A.O. Fox's Levine Conference Center located at 1 Norton Ave, Oneonta, NY.

Three panelists made presentations based on their area of expertise and took questions from the audience that traveled from three counties.

Panelists were:
Susan Kenny, Executive Director, Roxbury Arts Group, sharing feedback and policies for boards of directors.

Nancy Karaman, Volunteer Administrator, New York State Historical Association and The Farmers' Museum, sharing information and policies on volunteer management.

Melissa Marietta, Internship Coordinator, Hartwick College, sharing information and policies on internship management.

Some of the issues discussed were: board members are volunteers, succession planning for board members and executive directors and staff, what is a volunteer, how to fire a volunteer, creating a volunteer manual, legal matters surrounding interns, why have a intern, and interns are not staff.

Handouts included examples of board policies, intern and volunteer manuals and related materials.

Though Panelists took many questions during the presentation the discussion could have lasted all day.

Thursday, January 21, 2010

Comptroller Questions, Nonprofits Respond

Last week NYCON was asked to provide feedback to the Comptroller's Office on how late New York State contracts and payments were affecting real nonprofits in the community. NYCON has already collected almost 250 responses - and more nonprofits are responding every day.
• 66% of nonprofits responding said they currently have a line of credit
• 66% of nonprofits responding said that they had borrowed money because of delayed government contracts and/or payments in the last two years.

Well over 100 comments were also submitted to the Comptroller´s Office. Click here for a sampling of these comments (a full list will be posted soon on the NYCON website.) Still want to add your feedback? Click here for the survey.

Want to know what else you can do? The Comptroller's Office will be holding nonprofit forums around New York State soon. NYCON will inform our members when those forums are scheduled.

Membership Benefits Corner: Special Package Offers on Bylaws, Personnel Policy Reviews and more...
Bylaw & Personnel Policy Reviews
Whether you are a newly created organization or a long standing one, risk management is the keystone for good governance of your organization. Two important tools for protection of your organization from mission killing liability and litigation is the creation and annual review of corporate bylaws and personnel policies. Our attorneys and legal staff will dissect your corporate documents and review same for legal pitfalls, returning same to you with revision comments and "best practice" advice within 30 days.
A Bylaw Review is $500.
A Personnel Policy Review is $700.
A Package price for both is only $1,000.
Interested? Click here and let us know and we´ll have one of our legal staff get back to you to start the process!

Corporate Document Review
Another important element of risk management is the maintenance of the proper form of corporate existence. Our attorneys and legal staff will analyze your Certificate of Incorporation, and any Amendments for consistency between them and your internal corporate documents and Bylaws, returning the same to you with revision comments and "best practice" advice within 15 days.
A Corporate Document Review is $300.00.
Interested? Click here and let us know and we´ll have one of our legal staff get back to you to start the process!

Sunday, May 17, 2009

NY proposes changes to health insurance regulation

The Times Union outlined changes to health insurance that Gov. David Paterson is proposing. He wants to make health care more affordable and accessible by requiring health insurers to get state approval before raising premiums.

The proposal, now before the Legislature, would require companies to seek approval for increases through state Insurance Superintendent Eric Dinallo. Currently the state's "file and use" system gives insurance companies broad discretion for rate increases without state approval.

"It has not worked because self-regulation in this sector has not resulted in the best pricing for New Yorkers," Dinallo said. "It, instead, has resulted in driving New Yorkers out of health plans."

Leslie Moran, a spokeswoman for the New York Health Plan Association, says there are serious problems with the measure. "This is basically a bill that seeks to impose much greater regulation of health insurance premiums," she said. "It's basically exerting price controls on health care. It ignores the underlying factors that are responsible for an insurance premium. It would only regulate the cost of premiums without regulating the cost of providers, hospital cost."

The bill is one of four Paterson proposals intended to help people who can't afford private insurance, but don't qualify for Medicaid, the government health care coverage for the poor.

"There are people who don't qualify for the traditional safety net, but still need help, still need a leg up," said Joseph Baker, acting deputy secretary for Health and Human Services to the governor.

Of New York's uninsured, nearly one in three is between the ages of 19 and 29. Paterson's proposal would allow families to cover children up to age 29 under insurance provided by their employer. They would be eligible if they're unmarried and don't have access to employer-provided insurance. Under the proposal, families would pay the premiums instead of employers, but it would cost less under group policies than if the young adult took out an individual policy.
Most plans now stop this coverage at 23 years old.

Senate Democrats already introduced similar proposals. Dan Weiller, a spokesman for Assembly Speaker Sheldon Silver, said lawmakers would review the proposals; there is a hearing June 8 on prior approval of rate increases.

Paterson also wants to extend COBRA coverage from 18 to 36 months. COBRA allows people who have lost their jobs to continue with the same insurance plan they had under an employer. At $400 a month, it's less than half the cost of insurance on the open market.

The final proposal in Paterson's package would attack managed care to reduce bureaucracy that stands in the way of care and cut down on inappropriately delayed or denied claims. If an insurance company fails to meet a deadline for reviewing a claim, the proposal would require the claim to be approved.

The plan would also reduce the time insurance companies have to pay doctors and hospitals to 15 days instead of 45 days.

"You have a fairly regulated (health care) market," Dinallo said. "The delivery of health care, not just insurance: Providers have regulated reimbursement and Medicaid and Medicare have built in ceilings, so when you have that, but you have one sector that is exclusively free market, you take the air out of the balloon."

Thursday, April 9, 2009

SeeThroughNY website shows how NY tax dollars used

SeeThroughNY gives New Yorkers a clearer view of how their state and local tax dollars are spent. This site is sponsored by the Empire Center for New York State Policy, part of the non-partisan and non-profit Manhattan Institute for Policy Research.

SeeThroughNY is a web portal designed to become the hub of a statewide network through which taxpayers can share, analyze and compare data from counties, cities, towns, villages, school districts and public authorities throughout New York. The information of this website comes from official government sources, but the Empire Center cannot guarantee data accuracy or completeness.

You can search government payrolls, contracts, expenditures, and links to additional information and supporting material on other websites. For example, search your village or city to see what member items were awarded or benchmark your village, city or county against others. This is a great resource for nonprofits, and could be helpful in articulating region-specific needs.

Thursday, March 19, 2009

Federal News Update For Your Nonprofit

This Nonprofit Policy News is offered by the National Council of Nonprofits and New York Council of Nonprofits.

Senator Baucus Introduces the Nonprofit Capacity Building Act of 2009
On March 17, the National Council's efforts over the last five years to strengthen small and midsize nonprofits cleared another hurdle when Senate Finance Committee Chair Max Baucus (MT-D) introduced the Nonprofit Capacity Building Act of 2009 (S 609). The bill would create an innovative $25 million fund for matching grants to intermediary nonprofit training and technical assistance entities. Read more.

Federal Legislative and Regulatory Developments
Serve America Act Moves Rapidly from the House to a Senate Floor Vote Next Week
National service legislation is moving rapidly through Congress on a bipartisan basis. The legislation would more than triple the number of AmeriCorps volunteers and include a Volunteer Generation Fund to help organizations recruit and manage volunteers; a Social Innovation Fund to increase private and public investment in nonprofits to replicate and expand successful programs; expand the National Civilian Conservation Corps; and much more. The Senate is planning to consider the bill early next week. Read more on our website and visit the Service Nation website to learn more.

2009 Omnibus Appropriations Passed and Signed
On March 11, President Obama signed the $410 billion FY 2009 omnibus bill (HR 1105) comprised of nine appropriations bills not passed last fall. Funding went up eight percent over the prior fiscal year, providing more funds for block grant programs but decreasing funding for the Compassion Capital Fund. Read more.

FY 2010 Proposed Federal Budget Generates Controversy over Charitable Deductions
President Obama's proposed FY 2010 budget suggests making a downpayment on health care reform by reducing high income earners' tax deductions - including deductions for charitable contributions. For more information, analysis, and commentary about the controversy visit our website and read our Special Report.

IRA Rollover Legislation Re-Introduced
The Public Good IRA Rollover Act of 2009 (HR 1250) would permit tax-free distributions from IRAs for charitable purposes on a permanent basis and remove the current dollar limit on donations per year. Read more.

Obama Turns Back Clock on Some Bush Midnight Rules
To learn more about how the Obama Administration is taking action to reverse controversial regulations finalized in the closing days of the Bush Administration, visit the OMB Watch website.

Monday, February 2, 2009

The 2009 Nonprofit Economic Climate

In December 2008, Fiscal Management Associates (FMA) and the Nonprofit Finance Fund (NFF) joined together to present a workshop that offered nonprofit leaders concrete tools to lead their organizations in response to the current ecnomic challenges. With the support of The Clark, Robin Hood, and Tiger foundations, the tools and presentation from this program are available online here. The link offers a 90 minute webinar and powerpoint and various tools.

Topics include:
  • How the current market environment will affect nonprofits
  • Practical scenario planning and modeling: how to develop smart, strategic responses
  • Recognizing the hidden opportunities to strengthen your standing
  • Revenue and expense considerations
  • Cash flow management and managing credit
  • Role of the Executive Director and Board in leading the organization through a downturn

The link provides assessment tools and checklists to keep you grounded during crisis periods. Also included is a list of cost reduction strategies.

Available tools include:

  • Recession Checklist
  • Recession Tips
  • Cash Flow template
  • Financial Matters for Bankers
  • Reserve Options
  • Scenario Planning Model
  • Cost Reduction Strategies
  • Cost Containment Discussion
  • Scenario Planning Process
  • Strategic Alliances Checklist

NYS Worker Adjustment and Retraining Notification Act Takes Effect Feb 1

Although the Federal WARN (Worker Adjustment and Retraining Notification) Act has been in effect for several years, New York State has now enacted its own version of the employee protection notification scheme. The New York State version imposes more stringent requirements, bringing far more employers under the purview of this legislation that the Federal law. The effect is that where many non-profits would never have been affected by the Federal legislation, many will come under the auspices of the New York State version. Read more here about the WARN Act and its impact on your nonprofit.

This policy update is provided by Kevin M. Stadelmaier, Esq, Legal Advisor, New York Council of Nonprofits (fomerly CCSNYS, Inc.), Legal Accountability and Compliance Services, Western New York Regional Office. Should you have further questions or concerns relevant to the requirements of this New Act, do not hesitate to contact Kevin at (716) 241-5010 x170 or by email.

Saturday, December 6, 2008

Retirement Plan Changes

Like many directors, a Leatherstocking AEA executive director was inquiring recently about the new retirement-plan regulations taking effect January 1st regarding 403(b) plans. There are a number of recent articles available that help give direction and guidance to preparing for these important changes. For example, the Philanthropy Journal offers an article by Kimberlee Sipe defining and discussing the new changes here. Do you have an article you would like to suggest? Post it here or e-mail the link.

Friday, November 21, 2008

Updating Your Nonprofit's Policies

We received a great question today about personnel policies:
1)When the personnel handbook policies are rewritten and adopted, does this negate all previous policies?

Share your input on this question or check back for the answer from CCSNYS Legal Accountability & Compliance Services. A quick point about your nonprofit's personnel policies: CCSNYS recommends that you have these policies reviewed on a regular basis in order to protect your organization and stay up on changes to employment laws and regulations.

Wednesday, November 19, 2008

Employee Info Retention Question

The following questions were submitted to us by a nonprofit director regarding employee records: How long does a not-for-profit have to hold on to past employee information, including attendance records?

CCSNYS Legal Advisor Mike West provided the following guidance: The art of effective record retention boils down to two standards -- reason and risk. Some business people fear risking adverse consequences and hang on to everything forever -- this is the kind of unreasonable behavior that can turn your office into a landfill! Others trash everything early and often -- an unreasonably risky path to neatness.

To guide you in minimizing your risks, there are generally accepted, reasonable time periods recommended for retaining business records. Mike further relates that in a nutshell, most sensitive employment records must be saved for a period of 7 years. More specific examples are:
  • Time books/cards (for exempt & non-exempt employees) -- 7 years
  • Time cards/sheets -- 3 years after record is made
  • Payroll records and summaries, pensions, payroll taxes -- 7 years
  • Personnel records -- 1 year from making the record

Here is an example records retention policy provided by the National Council of Nonprofits.

Have a hr question? Post it or e-mail it to share on NYNED. Also, consider CCSNYS membership, which offers members access to the CCSNYS Legal Accountability and Compliance Services staff.

Friday, November 14, 2008

Resource Sharing Roundtable

At the suggestion of Julie Dostal, Executive Director of the LEAF Council on Alcoholism and Addictions, a roundtable discussion will be scheduled in December for nonprofits to discuss ways to respond to budget cuts and decreasing revenues. The following survey will help gather ideas for this discussion on sharing resources, cutting costs, and sustaining operations. Feel free to share your feedback and input on this idea.

Monday, November 10, 2008

E-mail and Electronic Records Retention Policy

We receive a request recently for an e-mail and electronic records retention policy. With the significant focus on e-mail and other electronic communication (like blogs, twitter, chat rooms, etc), it is more important than ever to have a policy in place . Take a look at the following article by Jenna F. Leavitt, Esq., titled Designing a Compliant Electronic Record-Retention Policy for Your Association. Although the article is written in regards to associations, this information is very applicable to nonprofits.

Monday, October 27, 2008

Employee Compensation Follow Up

If you haven't checked up on the previous post of a ED's questions about setting compensation and developing policies, the post has drawn some responses. Read the post here. Also, take a look at this Philanthropy Journal article by Linda Lampkin, the research director at ERI Economic Research Institute. She discusses some general thoughts on what to keep in mind when setting employees' salaries, and more importantly, the new requirements for the revised 990 regarding nonprofit executive director compensation. ERI Economic Research Institute, which provides salary surveys and cost-of-living comparison data for both the nonprofit and for-profit sectors, is a possible resource for your nonprofit.

Wednesday, October 15, 2008

Executive Director Compensation

The question here was asked recently:
Our board is in the process of incorporating some new policies and wants to include a written policy on determining Executive Director compensation. Can you point me in a direction to identify how a small non-profit makes those determinations and/or do you know of another agency about our size that might be willing to share their written policy? Any suggestions are welcome!

Finding info on this topic is challenging. There is plenty of information regarding reporting compensation, especially related to the new 990. GuideStar has an article posted, IRS Changes Requirements on Reporting Nonprofit Executive Compensation, by Linda M. Lampkin at ERI Economic Research Institute. The main points to keep in mind regarding compensation with the new 990 are:

  • Review and approval by the board
  • No person with conflict of interest involved in compensation decisions
  • Comparable data (salaries for like jobs in like enterprises under like circumstances) collected and used to make decisions
  • Documentation of decisions when they are made

These are good points for any executive director compensation policy. Charity Goverance Consulting, LLC has posted some articles and feedback about nonprofit director compensation that may helpful too. If anyone would like to offer their own feedback or share a policy, please let us know.

Other nonprofit blogs are a great resource for exploring this ongoing conversation. Here is one example of a post link from Kristen Denzer's Nonprofit SOS blog that discusses what qualifies as too much regarding compensation.