Employee – Black’s Law Dictionary describes an employee as “A person in the service of another under any contract of hire, express or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed." The IRS has developed a list of factors that indicate whether a worker is an employee. Some of them include: A person is required to comply with another person's instructions about when, where and[…]

An annual audit is an examination of an organization’s financial systems and transactions at the end of a year by an independent, certified, professional auditor. The audit assesses whether or not financial statements have been prepared in conformity with Generally Accepted Accounting Principles (GAAP) or Other Comprehensive Basis of Accounting commonly referred to as OCBOA. The audit is an assessment or professional judgment of the financial statements prepared by an organization’s management.[…]

Board members are responsible for understanding the financial condition of their organization in order to fulfill their fiduciary obligations. The IRS Life Cycle states that “Directors are stewards of a charity’s financial and other resources. The IRS encourages the board … to ensure … funds are appropriately accounted for by regularly receiving and reviewing up-to-date financial statements and any auditor’s letters or finance and audit committee reports.”Documents the board should receive[…]

Nonprofits enjoy the public’s trust, and therefore must comply with a diverse array of legal and regulatory requirements. Organizations should conduct periodic reviews to address regulatory and fiduciary concerns. One of leadership’s fundamental responsibilities is to ensure that the organization governs and operates in an ethical and legal manner. Fostering exemplary conduct is one of the most effective means of developing internal and external trust as well as preventing misconduct. Moreover,[…]

Nonprofits enjoy the public’s trust, and therefore must comply with a diverse array of legal and regulatory requirements. Organizations should conduct periodic reviews to address regulatory and fiduciary concerns. One of leadership’s fundamental responsibilities is to ensure that the organization governs and operates in an ethical and legal manner. Fostering exemplary conduct is one of the most effective means of developing internal and external trust as well as preventing misconduct. Moreover,[…]

The board is responsible for hiring, evaluating, and, if needed, firing the executive director (ED). Though not illegal, the board should not be involved in hiring, evaluating or firing any other employee. This is the responsibility of the executive director and, if the board takes it on, they are eroding their ability to hold the ED accountable. Remember: the board is responsible for governance; the ED is responsible for the day-to-day operations. Keep the lines as sharply drawn as you can!For[…]

Best practices suggest that it is not a good idea to have the Executive Director playing such a role within the organization, whether the position is a voting or non-voting position. Keep in mind the following precautions if the organization decides to place its executive director on the board: While it is not uncommon for executive directors to serve as non-voting members of their organizations' boards, this can lead to a tricky legal situation. Board members are bound by legal and fiduciary[…]

The executive director reports to the board, with the chief liaison being the chair of the board. This is the body that hires the ED, monitors and evaluates that person’s performance, and directs the search for a new chief executive if that becomes necessary. The ED and the board work together as a team to carry out the mission of the organization, but each entity has autonomy in certain areas. Though there are over-lapping areas, in general the board is responsible for mission and vision, sets[…]

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Attorneys, accountants, and other professionals can contribute valuable expertise to a board. In the best-case scenario, it would be nice if their services would be given voluntarily. However, that is not always feasible.The underpinnings of the policy that allows tax exemption for public charities is that the dollars raised are used for "exclusively charitable and educational" purposes. The IRS wants to be sure that none of the tax-exempt dollars raised by the nonprofit inure to the benefit of[…]