Public Policy Training

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Public Policy Training
GIVE. ADVOCATE. VOLUNTEER.
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ADVOCATE Our New Middle Name
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Public Policy Advocacy Training Goals

• Understand how federal and state statutes and
  rules affect how our United Way can engage in
  public policy and advocacy.
• Recognize the approach our United Way has taken
  to public policy engagement and activities to
  avoid as a loaned executive or United Way
  volunteer.
• Learn how public policy decisions affect the
  mission, goals for the common good, and
  strategies of our United Way.
• Identify which level of government is most
  responsible for issues of concern to our United
  Way and whats hot right now.

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Advocacy vs. Lobbying

• Advocacy refers to promoting a cause or idea.
  It is a broad term that encompasses a wide range
  of activities. Lobbying is a subset of advocacy.
  
• Lobbying is Advocacy PLUS a Call to Action
  either directly to an elected official or
  indirectly through others on a legislative
  proposal, whether or not that proposal has yet
  been reduced to writing.
• Example
• Homelessness is a serious but solvable problem
  and should be addressed advocacy
• Homelessness is a serious but solvable problem.
  Adopt House Bill 123 or support a bill to do xyz
  lobbying

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Political Activity Always Off-Limits to 501 (c)
(3)s !
When we have our United Way hat on, we cannot
- Make statements or wear symbols that favor
one or another candidate or political party or
distribute campaign materials. - Use United Way
time, facilities, supplies and equipment
including your e-mail account to promote a
candidate or political party. - Rent, sell or
provide at no cost mailing lists, facilities or
equipment in a manner that is not generally
available to all candidates or political parties.
- Host candidate appearances without inviting
all candidates for the same office and treating
each in a neutral and unbiased manner. - Conduct
voter education and get-out-the-vote drives in a
manner that isnt neutral, unbiased and available
to the general public. - Advocate for an issue
or use a slogan that has become code for a
specific candidate or party.
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Lobbying by 501 (c) (3) organizations is
Regulated

• Nonprofit organizations may engage in a limited
  amount of issue- based lobbying under federal law
  and IRS rules.
• Lobbying is recognized as one or the other of
  two forms
• Direct Lobbying This is lobbying by staff or
  members directly with an elected officer or
  his/her staff on a legislative issue. (Note
  United Way does not have members).
• Grassroots Lobbying This is lobbying conducted
  by others as
• result of staff or member requests to contact an
  elected officer or his/her staff on a
  legislative issue.
• - The expenditure limits differ for direct and
  grassroots lobbying under IRS rules.
• Note Georgia also counts contact with appointed
  officers with respect to rulemaking as lobbying
  within the scope of the states Ethics Law.

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How 501 (c) (3) Organizations Account for Lobbying

• 501 (c)(3) organizations may choose between two
  means of accounting for lobbying activities to
  the IRS. United Way has opted to report only
  expenditures on its annual Form 990 return. What
  counts
• Employee compensation attributable to direct
  and/or grassroots lobbying, including research,
  publishing, (including via electronic means) and
  mailing.
• An allocable portion of administrative overhead
  and other general expenditures attributable to
  direct and/or grassroots lobbying.
• Reimbursements paid to volunteers for
  expenditures associated with lobbying.
• Any compensation paid to contractors retained
  for lobbying.
• Grants awarded to other 501(c)(3) organizations
  for direct and/or grassroots lobbying purposes.

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State and Local Lobbyist Registration Reporting
Requirements
Georgias Ethics In Government Act requires
persons representing a 501 (c) (3) organization
for compensation (e.g., employees or contractors)
to register with and make regular reports of
expenditures for meals, gifts, travel and
entertainment for policymakers when they -
Promote or oppose the passage of any legislation
by the General Assembly, or any committee
thereof, or the approval or veto of legislation
by the Governor or - Promote or oppose the
passage of any rule or regulation of any state
agency or - Promote or oppose the passage of any
local government ordinance or resolution by a
public officer or any committee of such public
officers, or the approval or veto of any such
ordinance or resolution. Note Volunteer
lobbyists must register if they spend more than
250 exclusive of personal and related expenses.
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Advocacy Activities not considered Lobbying by
the IRS

• Discussions of broad social, economic or other
  policies that do not address the merits of
  specific legislation or a legislative proposal
  and does not encourage a Call to Action.
• Non-partisan public policy research that presents
  facts fully and fairly, does not encourage a
  Call to Action, and is not used within six
  months of completion to support lobbying
  communications.
• Contacts with the executive and/or legislative
  branches in support or opposition to proposed
  agency regulations or rules. (But does count
  under Georgia law.)
• Self-defense lobbying on matters that affect the
  organizations own existence, powers or
  tax-exempt status.
• Responses to written requests from a legislative
  body to present testimony or provide technical
  advice.

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• Our Rules of Engagement for Public Policy
• Identifies the playing field of issues in
  which we may engage.
• Outlines the approach United Way takes to
  considering policy issues. We will always value
  our relationships and work on those issues upon
  which we can strike consensus among our investors
  and partners.
• Establishes a framework for analyzing issues.
• Clarifies that we have no position on an
  issue that has not been adopted by the Board, or
  in an emergency situation, by our President and
  Directors Committee.
• Keeps United Ways public policy messaging
  focused and within IRS boundaries by limiting
  lobbying on behalf of United Way to only those
  staff specifically authorized to engage in these
  activities.

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• What our Rules say we wont do
• Add United Ways name to sign-on letters
  circulated by others except under limited
  circumstances as determined by our President
  such a in collaboration with United Way America.
• Engage in direct or grassroots lobbying as United
  Way staff or volunteers except when authorized to
  do so by our President.
• Work with others in our capacity as United Way
  staff or volunteers to develop policy positions
  or lobbying efforts independently of the United
  Way public policy process.
• Engage in partisan activity that would put United
  Ways tax exempt status at risk.

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• How Public Policy Affects your United Way

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Our Mission as a 501 (c) (3)

• Congress and the IRS Determine the criteria to
  qualify as a 501 (c) (3) organization and
  circumstances for revocation of this status.
• The State Legislature and the Secretary of State
  Regulate all corporate entities operating in the
  state, with separate requirements for nonprofits
  engaged in fund-raising.
• The State Legislature and Revenue Department
  Determine whether certain nonprofits may be
  eligible for sales tax or other exemptions under
  the state income tax code.
• The State Legislature, Cities Counties
  Determine whether nonprofits are eligible for
  exemption from the property tax.
• Congress State Legislatures Determine whether
  and how donors may qualify for income tax
  deductions or credits under the federal and/or
  state income tax codes.

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Hot Issues for 501 (c) (3) organizations

• Political Activity Staff and volunteer leaders
  of 501 (c) (3) and religious organizations are
  expressly prohibited from these and the IRS is
  cracking down.
• Public Benefit The extent to which charities
  tax exemption is truly justified based upon the
  level of service provided to people in need.
• Private Inurement Boards, volunteers and staff
  cannot receive a private gain through a 501 (c)
  (3) but many have found ways to do so.
• Compliance Transparency The US Governmental
  Accountability Office has documented numerous
  instances of nonprofits that fail to comply with
  even the most basic of IRS requirements. Many
  also fail to abide by state requirements.
• Effectiveness Efficiency With the
  proliferation of nonprofits, Congress has begun
  to consider whether measures of these are in the
  public interest.

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Our Goals for the Common Good

• Education Children arrive at school ready to
  learn and graduate on time with a diploma that
  adequately prepares them for work or higher
  study.
• Health Children and adults have access to basic
  health and mental health care services to support
  their ability to learn and earn an income. Youth
  avoid risky behaviors that jeopardize their
  health and the future.
• Income Parents get the supports they need to
  land and succeed in the workplace. Working
  families increase their earnings potential
  through workforce development and build savings
  and financial assets.
• Homelessness Eliminate chronic homelessness
  through prevention, supportive housing and
  related interventions.

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Hot Issues

• State Budget Cuts Georgias declining revenues
  have prompted steep reductions throughout
  state-funded health and human service programs.
• Georgia Pre-K Georgia is stuck in neutral
  with regard to enrollment and program quality.
  Demand by parents is increasing and in metro
  areas, there is a dearth of sheer physical
  capacity for programs.
• High School Graduation School governance,
  funding, curricula and after-school options to
  help more students graduate high school ready to
  succeed,
• Health Rebuilding a community-based safety net
  of health care resources that prevent and treat
  chronic health conditions.
• Income Supports for working families,
  including child care subsidies, participation in
  the Earned Income Tax Credit and affordable
  housing.
• Homelessness Mental health and addictive
  disease prevention treatment resources, along
  with an adequate supply of supportive housing
  capacity.

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So who are these policymakers?

• Congress
• Composed of two bodies, including 435 House
  Representatives and 100 Senators and works full
  time all year except for designated periods of
  recess.
• Together with the President, Congress sets
  funding for domestic and other programs, federal
  taxes, and law within the scope of the US
  Constitution. While the US Supreme Court can
  invalidate a federal law or set precedent through
  case law, federal law supersedes laws set by the
  states or local governments.
• Congress can engage in deficit spending and must
  only agree upon a national debt ceiling. In
  contrast, this option is not available to states.
• Georgias Congressional Delegation currently has
  13 members, including two US Senators. For a
  complete list with contact information, visit
  www.congress.org

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• State Legislature
• Georgias General Assembly is one of the largest
  in the nation composed of two bodies with 180
  Representatives and 56 Senators. They meet
  regularly once a year beginning on the second
  Monday of January and conclude after 40 days
  work, generally in mid-April.
• Together with the Governor, the legislature must
  adopt a balanced budget not exceeding state
  revenue for the public programs we see on the
  ground. In addition, it has the authority to set
  state taxes and law consistent with the Georgia
  and US Constitution. The legislature also
  controls the parameters within which local
  governments function. State law can be
  invalidated by the Georgia Supreme Court or the
  US Supreme Court depending upon its nature.
• To learn more, visit www.legis.state.ga.us You
  can find your own legislators through the link on
  our public policy webpage.

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• Regional Planning Agencies While these do not
  have the authority to levy taxes, the Atlanta
  Regional Commission and others work under the
  authority of the Department of Community Affairs
  to achieve legislatively mandated planning
  related to economic development, the environment,
  transportation, housing, land use and service
  coordination among cities, counties and the
  private sector in a given geographic area.
• Counties Georgias 159 county governments are
  established by the state constitution and serve
  as arms of state government, particularly with
  respect to health, human services, emergency
  preparedness and the judicial system. Counties
  have the authority to adopt ordinances and
  provide municipal level services where otherwise
  unavailable, levying a property tax and local
  sales tax to cover costs.
• Cities Georgia has over 500 municipalities
  created by local acts of the legislature. Cities
  adopt their own ordinances and must provide a
  minimum set of services such as zoning,
  utilities and law enforcement. Cities also levy
  a property tax and receive a share of local sales
  taxes.
• School Boards Georgias180 public school
  districts are governed by an elected board and an
  appointed superintendent to work with the State
  to fund schools and set policy. Boards levy a
  property tax to cover local operating costs.
• For more on Georgia government visit
  www.georgia.gov

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• How to Get Engaged
• Read the newspapers with an eye for trends that
  affect nonprofits and our communitys education,
  health and income.
• Sign up for our Public Policy newsletter (link
  is on our public policy web page)
• Get active with one of our Donor Societies!
• Recommend issues affecting our mission or work
  for action. You need not conduct a full analysis
  yourself, but any information is helpful.
• Respond to calls for action, lobby or engage
  in partisan activities on your own time and with
  your personal resources and e-mail address.

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Ann M. Mintz, Policy Director Amintz_at_unitedwayatla
nta.org 404-527-7307