FAMILY GIVING NEWS:

PROTECTING YOUR BOARD and
AFRICAN-AMERICAN PHILANTHROPY

November 2002, Volume 2, Issue 8

 


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TABLE OF CONTENTS:

[Click on the section title to jump immediately to that section.]

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

FIVE TIPS FOR STAYING OUT OF THE HEADLINES
(Excerpted from: Splendid Legacy: The Guide to Creating Your Family Foundation)

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.

  • Don’t 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.

  • Don’t 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 IRS’s 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 Family’s Experience” below for more about the Fairfax family’s 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 church’s 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 FAMILY’S 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 don’t separate myself from what happens to my people. That’s the connectedness I learned from my family.”

Betty and Jean’s 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 you’re 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 sister’s 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 doesn’t 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 Women’s 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


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