FAMILY GIVING NEWS:
PROTECTING
YOUR BOARD and
AFRICAN-AMERICAN PHILANTHROPY
November 2002, Volume 2,
Issue 8
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TABLE OF
CONTENTS:
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UP FRONT...
PROTECTING YOUR BOARD
SPOTLIGHT ON...
AFRICAN-AMERICAN PHILANTHROPY
READER FEEDBACK...
ADDITIONAL RESOURCES FOR INTERNATIONAL GIVING
WHAT'S GOING ON: CALENDAR OF
UPCOMING EVENTS
RESOURCE
REMINDERS
UP FRONT...
PROTECTING YOUR BOARD
When a family or donor
creates a foundation, they are effectively creating a new business in a regulated
industry. The IRS, state charities officials, countless journalists, and other watchdogs
are looking over your shoulder to make sure you run the business legally and ethically. In
the age of the Internet, the availability of information about foundations and the degree
of public scrutiny are greater than ever.
The following resources will
help trustees and their advisors to ensure that their board is both aware of and protected
against penalties for improper or negligent behavior. The best strategy, of course, is to
avoid such behavior, and following the recommendations in the following resources should
help you to do this easily and effectively.
REQUIREMENTS AND
PROHIBITIONS FOR FAMILY FOUNDATION TRUSTEES
(Excerpted from: The Trustee
Notebook: An Orientation for Family Foundation Board Members)
Robert Hull, former
president of the Southeastern Council on Foundations, outlines the requirements and
prohibitions for family foundation trustees in the opening chapter of The Trustee
Notebook: An Orientation for Family Foundation Board Members.
What Family Foundation
Trustees Must Do Each Year:
All foundation assets must
be classified and valued
Distribute at least five
percent of assets for charitable purposes each year
File appropriate
IRS returns and forms
Pay foundation
excise tax on net investment income
Keep adequate
records
Invest the
foundation's assets to preserve its corpus and long-term grantmaking ability
What Family Foundation Trustees Are Prohibited From Doing
Avoid self-dealing
Dispose of excess
business holdings
Do not invest in
jeopardizing investments
Do not engage in prohibited lobbying and
legislative activities
Do not try to influence elections
To review the
complete excerpt or to order The Trustee Notebook, please go to: http://ncfp.org/publications-main-journals&workbooks.html#trustee_notebook
John Sare, partner for Milbank, Tweed,
Hadley & McCloy LLP offers the following five tips for Staying Out of the
Headlines, from the Facing Important Legal Issues, chapter of Splendid Legacy: The Guide to
Creating Your Family Foundation:
Be prepared to commit a small but
reasonable portion of the annual budget to good governance and compliance with applicable
laws.
Seek out lawyers, accountants, and
financial advisors who are honest, experienced in the foundation area, and willing to
commit the time and resources necessary to provide thorough and thoughtful advice to the
foundation.
Dont hesitate to ask
prospective advisors how many foundations they have created and how many they advise on an
ongoing basis. Ask for client references and try to find out if the clients believe they
have been well served.
Dont assume that the advisors
who help you run your business, or the advisors who handle your estate planning or prepare
your tax returns, are necessarily well versed in the intricate rules that govern private
foundations.
Consider including your professional
advisors at all board meetings, perhaps even as members of the board, so they can serve as
ready resources to help the family solve legal, ethical, and practical issues.
IRS REQUIREMENTS
AND RECENT UPDATES
For information on exemption requirements, filing requirements, and other filing issues
related to private foundations, please visit the IRSs website for Charitable
Organizations at:
http://www.irs.gov/charities/charitable/index.html
Also be sure to
check out Public Charity Classification and Private Foundation Issues: Recent
Emerging Significant Developments, by Ron Shoemaker and Bill Brockner, for more
information on recent developments in private foundation law:
http://www.irs.gov/pub/irs-tege/topicp00.pdf
WHO CAN SUE YOU?
This article by W. B. McKeown from the Patterson, Belknapp, Webb & Tyler
LLP website answers the question posed in the title, and addresses several other related
topics including: the value of incorporation with regard to protection of board members;
the role of government regulation; the situations under which a claim for injury or
mismanagement may be brought; and, the process of indemnifying and insuring your board
against such claims.
To review
the complete article, please go to:
http://www.pbwt.com/Resources/newsletters/eo98a003.html
For additional resources related to protecting your
board and following legal guidelines for
private foundations, please contact the National Center.
SPOTLIGHT ON...
AFRICAN-AMERICAN PHILANTHROPY
Over the next year, Family
Giving News will from time-to-time celebrate and explore family philanthropy as it is
practiced in different ethnic communities. This edition of Family Giving News
features a look at the history and evolution of African-American philanthropy, and
includes profiles of several individuals and families.
Most African-American giving starts
within the family, and as more African Americans use institutional forms of giving such as
foundations, community foundations, corporations, and giving federations, the family
element remains strong. An example of this are the Fairfax sisters, Betty and Jean, who
give approximately $100,000 a year to charities championing the causes that exemplify
their commitment to civil rights, social justice, and equal access. See An African-American Familys Experience below for
more about the Fairfax familys philanthropy.
According to Engaging
Diverse Communities for and Through Philanthropy, a new publication from New Ventures
in Philanthropy, African Americans have historically given to a broad range of causes,
including:
· African-American churches (the most prevalent
form of giving)
· Mutual aid societies
· Fraternal orders and social or civic
associations, including African-American fraternities, sororities, and social and civic
groups
· African-American colleges, scholarship funds,
and other higher education institutions and scholarship programs
· African-American civil rights organizations
· Community human service agencies and nonprofits
· African-American federated campaigns and united
charitable funds
Cultures
of Caring: Philanthropy in Diverse American Communities, published by the Council on
Foundations, highlights a number of additional characteristics of traditional
African-American philanthropy. These include:
· The Black church tends to be at the center of
African-American philanthropy because of the indigenous control that African Americans
have over the Black church and the Black churchs appeal to different socioeconomic
strata within the African-American community;
· The concept of philanthropy as a communal
enterprise, whose members care for each other, contrasts with the concept of philanthropy
of noblesse oblige or the rich giving to the poor;
· African-American giving is derived from a
notion of family as an inclusive and permeable institution;
· African-American philanthropy is
community-based helping part of the community is viewed as improving the whole;
· Gifts of time are valued more highly than
donations of money;
· For many, giving is viewed as a means for
helping one another cope in a world that is often unfair, rather than as a means for
assisting the deserving poor;
The following resources profile the evolution and history of
African-American philanthropy, as well as the philanthropy of several individuals and
families.
AFRICAN-AMERICAN
PHILANTHROPY: A LEGACY OF GIVING
This
informative new report from the 21st Century Fund provides a concise
description of the history of African-American philanthropy, examples of prominent
contemporary black philanthropists, and brief descriptions of the options available for
charitable giving. The report includes brief profiles of a number of donors and
institutions, while describing the purpose of black philanthropy specifically as, a
mechanism for survival, mutual assistance, and self-help. Black giving helped to establish
churches and schools. It has launched leaders and institutions that articulate an agenda
for empowerment and civil rights. This same tradition of giving continues to be a resource
for social action and social change, supporting community-based initiatives to help
neighborhoods get through difficult times and succeed."
To
read more, please go to:
http://www.21cf.org/21cfBrochureHQ.pdf
AN AFRICAN-AMERICAN FAMILYS EXPERIENCE
(Excerpted from Faith
and Family Philanthropy: Grace, Gratitude, and Generosity)
The role of faith
in African-American philanthropy has been well-documented according to a recent
survey from Independent Sector, more than $4.8 billion of the $7.3 billion given by blacks
to charity in 1998 went to their churches.
Sisters Betty and
Jean Fairfax are exemplary models for African-American philanthropists, and indeed for
donors of all types. Born and raised in modest circumstances in Cleveland, the Fairfaxes
were steeped in strong family and religious values. Those values shaped their attitudes
toward life, shattering the stereotypical notion of African-American philanthropy.
Together,
the Fairfax sisters now give approximately $100,000 a year to charities championing the
causes that exemplify their commitment to civil rights, social justice, and equal access.
That they are able to donate such large sums is an amazing story in its own right. But
their ability also to be strategic in their philanthropy is a model to families interested
in making their philanthropy more effective.
As
youngsters, the Fairfax sisters were active in the Congregational Church, now known as The
United Church of Christ. Back then we talked very much about the need, the
obligation that we have as individuals to work for social justice, Jean recalls of
her childhood. It was part of my religious upbringing. I have a deep concern about
what happens to the community, that is, I dont separate myself from what happens to
my people. Thats the connectedness I learned from my family.
Betty and
Jeans father worked to get out the black vote, and their mother, a social worker,
worked with youth at the margins of society. Their grandmother was a suffragette, and
their great-grandfather volunteered and served in the Civil War in the colored troops,
historic legacies that the sisters carry with pride. The two fondly recall lessons from
the prophets of the Old Testament and from the life of Jesus. What does God require
of us but to do justice and to love mercy? Jean asks.
As faithful Christians, we were taught not to separate faith from
action. If youre going to be faithful
to your religious teachings and traditions, I think you have to be involved in
society.
In a move
characteristic of the Fairfaxes, Jean took a $10,000 award she received from Women &
Philanthropy, matched it with $10,000 of her own money and established the Betty Fairfax
Fund for Educational Equity at the Arizona Community Foundation to honor her sisters
80th birthday. In a show of love, admiration, and respect for the lifelong community
efforts of Betty Fairfax, the Phoenix community poured their own money into the fund,
bringing the corpus to its current $150,000 level. This is the type of strategic
philanthropy the Fairfaxes practice.
What I marvel
at about Jean, is that her philanthropy doesnt come as an afterthought,
reflects Felicia Lynch, former president and chief executive officer of Women &
Philanthropy. She plans at the beginning of the year what she wants to give and how
she is going to get there. She took that $10,000 award and multiplied it 14 or 15 times.
She and Betty both do that. They are truly models for us all.
To leverage their
contributions to causes in social justice, the Fairfaxes are also encouraging African
Americans to be more philanthropic and to establish charitable funds and endowments. A project of Jean Fairfax seeks to tie together
African-American spiritual and cultural traditions. Working
with a Temple University expert on the black extended family, Jean has helped develop a
program called African-American Family Reunions and Philanthropy. This innovative program
encourages black families that have reunions some of them huge affairs of 500 to
1,000 family members to use the celebration as a vehicle and an opportunity for
discussing philanthropy as a family enterprise. The initiative helps African-American
families create charitable funds, which offers a perfect opportunity to combine their
spiritual and cultural roots to serve their communities.
To read more about the fascinating lives and philanthropy of the
Fairfax sisters, please go to: http://ncfp.org/publications-excerpt-faith(Fairfax).html
BLACK GIVING IN
MINNESOTA: THE TRADITION CONTINUES
This essay by Emmett D. Carson and David V.
Taylor explores the last 100 years of organized black philanthropy in the authors' home
state, and describes how black philanthropy has evolved through four key institutions:
black churches, mutual aid organizations and clubs, socio-political leagues, and community
organizations.
The authors note in the concluding section
that black philanthropy prior to 1960 could typically be described as philanthropy
among friends. Since 1960, however, blacks gradually developed more
institutional mechanisms for charitable giving philanthropy among
strangers including black foundations and fund-raising federations and
private philanthropy by prosperous blacks. Ample evidence of individual generosity among
blacks is found in our own Twin Cities community, from the Archie Givens collection of
black literature to scholarship funds created by Luther Prince, Alan Page and Oscar
Howard.
To read more, please go
to:
http://www.mcf.org/mcf/forum/black.htm
NEW TRENDS IN
AFRICAN-AMERICAN PHILANTHROPY
This
speech from the Baltimore Giving Project's website by Donna Jones Stanley, executive
director of the Associated Black Charities of Maryland, highlights new trends in
African-American philanthropy. These trends include:
· A collective and strategic effort to make
positive changes in the black community by those African-Americans with the financial
resources needed to make major gifts within the community;
· An increase in access to the education and
knowledge of charitable giving options by potential black philanthropists; and
· A recognition of the substantial and growing
giving power of the overall black community
To view this complete
article, please go to:
http://www.baltimoregivingproject.org/info-url2355/info-url_show.htm?doc_id=49561
READER FEEDBACK...
ADDITIONAL RESOURCES FOR INTERNATIONAL GIVING
The October edition of FGN focused on
stories and resources for families seeking to make a difference on an international level.
Given the overwhelmingly positive response of readers - and the many additional
suggestions for other resources and stories of families that have made a difference
through international giving - we are pleased to introduce a new feature to FGN -
"Reader Feedback." Each month we will share reader suggestions and feedback
about previous issues of FGN; in this way we hope to share an even broader array of tools
and strategies for dealing with important issues in family giving.
GOOD TIMING
Joe Pierpont, managing director for Baldwin Family Office, writes:
"This could
not have arrived at a better time. We are
working with a very small family foundation that funds internationally. I forwarded the article on international family
foundation giving to her this morning because it is exactly the kind of thing that will
help her immensely. Thanks - this is a
terrific publication."
AFRICA GRANTMAKERS AFFINITY
GROUP
William Moses, program officer for The Kresge Foundation, sends the following note
regarding the work of the Africa Grantmakers Affinity Group:
Thank
you for sending me your newsletter highlighting your efforts to encourage family
philanthropy outside of the United States. I am the chair of the Africa Grantmakers
Affinity Group, an affinity group for foundations funding in Africa.
"We have a variety of foundations (including some of the large ones
named in your recent newsletter, as well as family and corporate donors). Our aim is to
encourage more and better grantmaking in Africa and we would welcome the opportunity to
share our collective wisdom and experience with your readers as they ponder grantmaking on
the continent. We have membership dues based on a sliding scale (or relative newness to
Africa grantmaking), plus regular meetings and a growing stable of written materials,
including a forthcoming book on grantmaking in Africa due in 2003. Please let your readers
know that we serve as a resource for grantmaking on the continent (http://www.africagrantmakers.org).
You can also feel free to contact
our director, Ms. Niamani Mutima
(212.812.4200) or me (248.643.9630) if you have any questions about AGAG."
EQUIVALENCY DETERMINATION VS. EXPENDITURE RESPONSIBILITY
Mr. Moses also offered the following advice regarding the need and process for equivalency
determination and/or expenditure responsibility:
Kresge also has experience in making
bricks and mortar and endowment grants outside of the United States, which our attorneys
assure us usually work better if foundations make 'equivalency determinations' instead of
taking 'expenditure responsibility' (which is preferred for programmatic grants).
Our
understanding is that the problem with expenditure responsibility for bricks and mortar
grants is that the foundation must take responsibility for the expenditures of a grantee
for the life of the grant. Monitoring expenditures for a grant is not burdensome for a
program that lasts two years, but could be very much so for a building (which lasts a long
time) or an endowment (which lasts forever, theoretically). There is some dispute as to
whether one must actually monitor a building or endowment grant for the life of the grant,
but we have found that it is easier for us to go with equivalency determination because it
means that when we pay our grant (we pay all of our bricks and mortar grants at the end of
a fundraising campaign, once they have met the conditions of our challenges), we are
finished with the monitoring process. Since our grants tend to go to bigger institutions
(they have buildings), they have the accounting departments that can fill in the proper
forms to help us make the equivalency determination and then we do not have to
worry about monitoring after the grant is paid.
My best piece of advice for family foundations
thinking of international grantmaking is to make an initial consultation with a law firm
that knows non-profit law so that they can establish the basic system for how grants will
be made. It may be difficult for a family to go to somebody new if it has relied on a
trusted counselor for everything else, but this is a pretty arcane area and IRS rules
change, so a firm with experience in nonprofit law (and international grantmaking) is much
more useful than paying an attorney to learn on the job. Organizations outside of the
United States need grants for programs, facilities and endowments, and the U.S. government
has made it possible for foundations to make grants overseas in all three areas. The
bottom line is that international grantmaking is not impossible, but a foundation has to
have a system in place that makes sure payments occur within IRS rules.
THE KING BAUDOUIN FOUNDATION
US
Jean Paul Warmoes, Executive Secretary for the King Baudoin Foundation, shares
the following about this foundation's work in the U.S. and Europe:
"It is with great interest that I
read Family Giving News' latest edition, focusing on international grantmaking. Since the
King Baudouin Foundation United States is increasingly assisting individuals in their
international giving, I thought it was useful to keep you informed on what we do.
With its grassroots understanding of
Europe's cultural, educational, and social sectors, KBFUS enables individuals in the U.S.
to support causes throughout Europe in a tax-efficient and cost-effective way. We help
them donate to European organizations without having to navigate the complex regulations
associated with international grant making, and also assist community foundations that
would like to make international gifts on behalf of their donors.
KBFUS was established in 1997 as a
Section 501(c)(3) public charity. We are affiliated with the King Baudouin Foundation of
Belgium. We also promote transatlantic understanding and help American corporations create
effective corporate contributions programs in continental Europe."
For a copy of a
recent article from the Financial Times on "Extending the Art of Donating
Overseas," which references the work of KBFUS, please contact: jason@ncfp.org.
GLOBAL PHILANTHROPY FORUM
Juliette Gimon, deputy director of outreach for the Global Philanthropy Forum, reports
that the Forum recently convened a conference on the Global AIDS crises, and is currently
planning its 2003 Conference on Borderless Giving, expected to be held in June 2003, and
featuring an impressive array of speakers, including: Muhammad
Yunus,
Founder and President, Grameen Bank; Timothy Wirth, President, the United Nations
Foundation; and Stephen Heintz, President, Rockefeller Brothers Fund. Check out the
National Center's Calendar of Upcoming Events in coming months for additional information
about this conference.
To access audio and video
archives of past programs of the Global Philanthropy Forum, please visit: http://www.philanthropyforum.org/network/archive.htm
Our thanks to each of these
individuals for their ideas and suggestions - please let
us know if you have any feedback that you would like to share with readers of
future editions of FGN!
WHAT'S
GOING ON: CALENDAR OF UPCOMING EVENTS
Read about upcoming meetings for donors, families,
and advisors, and check out the National Center's comprehensive Calendar of Upcoming Events including
our new section devoted to programs and seminars from Regional Associations of
Grantmakers.
Is your organization or another you
know of planning a meeting that would be of interest to families and donors? Please let us
know by sending details to jason@ncfp.org.
FEATURED UPCOMING EVENTS
National Gathering for Social
Entrepreneurs
Social Enterprise Alliance
December 4 to 6 ~
Minneapolis, MN http://www.se-alliance.org
This conference provides a
networking and educational forum for social entrepreneurs throughout the country.
The Advanced Philanthropy
Seminar
The Philanthropic Initiative
January 27 to 28 ~
Boston, Massachusetts http://www.tpi.org
This
seminar is designed to challenge attendees to look both inside themselves and outside at
the dynamic world. Concepts to be covered include: understanding different philanthropic
"mindstyles", turning visions into goals, mapping the shifting landscape, and
developing improvisation and adaptation skills.
WomenGive! Regional
Conference
January 30 to February 1 ~ Newport Beach, California
This new initiative is designed to increase women's participation and leadership in
charitable giving, particularly in the state of California. Questions about registering
for the conference should be directed to Laura Thompson Events at 818.242.9108. Questions
about WomenGive can be sent to Anne Etheridge, Chair of WomenGive, at aetheridge@nortonfamilyoffice.com.
Family
Foundations Conference, Council on Foundations
February 24-26, 2003 ~ San Jose, California
Join your peers in sunny San Jose, California, February 24 26, for the Council on Foundations Family
Foundation Conference. Donors, family members, board and staff learn from each
other and the experts about how families work
together, create positive change through grantmaking and manage the
day-to-day operations of a foundation.
For more information
and to register please go to:
http://www.cof.org/conferences/index.htm
Black Philanthropy: From Words to
Action
Fourth National Conference, National Center for Black Philanthropy
June 12-14, 2003 ~ Atlanta, Georgia www.ncbp.org
This
conference will focus on areas of personal giving, grantmaking, fundraising and
faith-based philanthropy and strengthening African-American philanthropy.
COMPLETE LISTING OF UPCOMING EVENTS
For a complete list of upcoming programs and events, including our new comprehensive
set of links to events calendars from regional associations of grantmakers and other key
colleague organizations, please visit:
http://ncfp.org/program-workshops-events.html
RESOURCE REMINDERS:
AFRICAN-AMERICAN PHILANTHROPY and
NEW NATIONAL CENTER RESOURCES
Seen or read a resource on family giving that others might find useful?
Please help us share your find with other readers by sending an email to jason@ncfp.org. Here are several new resources from the
National Center, as well as a variety of articles, publications, organizations, and
networks supporting African-American philanthropy.
AFRICAN-AMERICAN
PHILANTHROPY
Publications
The African-American Giving Tool Kit
This one stop shop for information on African-American giving includes a
history of black giving in the Greater Baltimore region, profiles of local
African-American philanthropists, local and national resources on African-American
philanthropy, and more.
To receive a print copy of the Toolkit, please
contact:
tjones@abc-md.org
Cultures of Caring: Philanthropy in Diverse
American Communities
This 1999 volume from the Council on Foundations presents four separate studies
of philanthropy in diverse communities: African-Americans, Asian Americans, Latinos, and
Native Americans. Based on interviews with donors and researcher with knowledge about the
giving of each group, the volume presents information on these donors' motivations and
techniques for giving, among other topics.
To read sample excerpts and order, please go to:
http://www.cof.org/culturescaring/index.htm
Engaging Diverse Communities For and Through
Philanthropy
This report from the Forum of Regional Associations of Grantmakers provides
practical advice for philanthropic institutions seeking to broaden their donor bases,
services, and programs by reaching out to diverse communities.
To read an overview and introduction to the report,
please go to:
http://www.givingforum.org/resources/publications_engaging.html
- Remaking America: How the Benevolent Traditions
of Many Cultures are Transforming Our National Life
- This collection of essays by James A. Joseph, former
president of the Council on Foundations, explores the history and traditions of giving
among people of color in four communities - Native Americans, African-Americans, Asian
Americans and Latinos.
-
-
For more information and to order, please go to:
http://www.cof.org/applications/publications/Detail.cfm?itemID=753&TopicID=8
Bibliographies
Foundation
Center Bibliography on African-American Philanthropy
http://fdncenter.org/learn/topical/african.html
Cultures of Caring Bibliography on African-American Philanthropy
http://www.cof.org/culturescaring/bibafam.pdf
Organizations and Networks
- African-American Womens Fund http://www.dogonvillage.com/aawf/about.htm
-
- African-American Legacy Program
http://www.africanamericanlegacyprogram.org/
-
- Association of Black Foundation Executives
information@abfe.org
Associated Black Charities of Maryland
http://www.abc-md.org/
Baltimore's African-American Philanthropy
Initiative (AAPI)
http://www.baltimoregivingproject.org/info-url2355/info-url_show.htm?doc_id=50021
- National Black United Fund, Inc.
- http://www.nbuf.org
- National Center for Black Philanthropy
- http://www.ncfbp.org/
National Office on Philanthropy and the Black
Church
http://www.fndmidsouth.org/nopbc/nopbc.asp
National Urban League
http://www.nul.org
Twenty-First Century Foundation
http://www.21cf.org/
NEW FROM THE NATIONAL CENTER
Splendid Legacy: The Guide to Creating Your
Family Foundation
The first and only
comprehensive guide designed especially for donors and families who are starting family
foundations. Splendid Legacy: The Guide
to Creating Your Family Foundation, helps donors and families create a
detailed blueprint for their family foundations that will fulfill their hopes and goals
from the very beginning.
To
view the table contents and read more about this new resource, please go to: http://ncfp.org/publications-splendid_legacy.html
To
read a review from the November 19th edition of Philanthropy News Digest, please
go to: http://fdncenter.org/pnd/news/story.jhtml?id=15700013
Difficult Discussions in Difficult Times
This Passages
issue paper offers suggestions for preparing for and responding to the effect of
crises of different magnitude on philanthropic families. These include personal crises
such as death, illness, and interpersonal conflicts, as well as community and national
crises including natural disasters, riots, economic recession, and terrorism.
To subscribe to Passages
and receive this forthcoming issue paper, please go to: http://www.ncfp.org/publications-passages-current.html
The Practice of
Family Philanthropy in Community Foundations
This new study sheds important new light on how families use community
foundations to practice their philanthropy and how community foundations work with donor
families - including engaging future generations. The report is an essential reference for
leaders in the community foundation field, offering a framework for thinking about
services to families, and a guide to mapping a family philanthropy strategy that is
relevant to the communities they serve.
For additional
information about the report, please go to:
http://ncfp.org/program-research-communityfdns.html
THANK YOU for reading this
month's edition of "Family Giving News." We encourage you to share this resource
with your colleagues and associates, and sign up below if you are not already a subscriber
to this complimentary resource. Be on the lookout for the next edition of "Family
Giving News" in mid-December!
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