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Move Over, 5%, and Let Mission Drive
By Peter Frumkin, Chris Didier and David Klenke


Synopsis
Many donors to private foundations focus on the tax benefits and logistical
questions involved in setting them up and don’t pay as much attention
to the larger question of their missions. Of particular influence is the IRS
requirement that foundations distribute 5% of their net assets to charity each
year. Set by Congress, this arbitrary number dictates the spending policies
and corresponding investment strategy of most foundations. However, donors
may increase the likelihood of the success of their foundation by defining their
mission separately from tax law, creating spend policies that correspond with
those missions while meeting the minimum distribution requirement and,
finally, setting investment strategies that are appropriate for those policies.
Introduction
In May 2009, the two richest men in America, Bill Gates and Warren Buffett,
presided over a confidential dinner meeting of billionaires in New York City.
In June 2010, the true purpose of that meeting was revealed. Gates and
Buffet challenged America’s billionaires to give away the majority of their
wealth to charity – either during their lifetimes or at death – in an effort
called the Giving Pledge. If successful, this effort could raise an estimated
$600 billion and may alter philanthropy for decades to come.




                   -1-
Many wealthy individuals, not            To realize the social benefits their
The History of 5%
                                            just billionaires, will likely follow    donors seek, foundations must
Prior to 1969, the federal government
had little control over how foundation      the example of Gates, Buffet and         clearly define their missions, create
funds were used or managed. With            countless others before them who         spend policies that correspond with
the Tax Reform Act of 1969, Congress        have taken philanthropy seriously.       those missions and set investment
responded to concerns that had been         Most want to solve a social              strategies that suit those policies.
raised for decades regarding the size of    problem or simply give back to the
assets in foundations and the role they                                              Defining the Mission
                                            communities that fostered their
played in society.
                                            success. Many are also motivated         From the start, foundation donors
The act prohibited self-dealing by                                                   have appreciated the tax and legal
                                            by income and estate tax rules that
foundations, regulated their grants to
                                            promote charitable giving. Setting       implications of philanthropy but
individuals, restricted their ownership
of businesses and limited their             up a private foundation, which           struggled to pin down what their
involvement in legislation and political    provides some measure of control         foundations should achieve. We
campaigns. It also taxed foundations        during the donor’s lifetime while        believe that the one important driver
for the first time and required that        creating a family legacy, may be the     of this lack of focus on mission is the
they distribute the greater of their        preferred giving platform for the        IRS requirement to pay out 5% of
total investment income or 6% of their
                                            bulk of these philanthropists.           net investment income (see sidebar,
assets to grantees each year. Later
                                                                                     “The History of 5%”). This rule
legislation changed the distribution        The tax code encourages charitable
                                                                                     highly influences the spending policy
policy to 5% of a foundation’s net          giving in return for special treatment
investment assets.                                                                   of the foundation and, in turn, the
                                            under the assumption that some
                                                                                     way the assets are invested. What gets
By defining distribution policy, federal    social benefit will be realized.
tax law may have unintentionally                                                     lost in the focus on the 5% payout
                                            However, the code neither ensures
hijacked foundation spending policy.                                                 are the mission of the foundation
                                            that significant social benefits
Because most private foundations base                                                and the shape of the problem being
annual payouts on the 5% threshold
                                            will be achieved or defines what
                                                                                     solved. It is our contention that
today, they may have lost the ability to    a social benefit would be. It often
                                                                                     because the rules are defined and
be flexible in the spending policies that   comes down to the intent of the
                                                                                     the mission is not, spend policy is
fulfill their missions.                     donor. Unfortunately, the history
                                                                                     predetermined, investment strategy
                                            of philanthropy is littered with
                                                                                     standardized, and mission becomes
                                            examples in which donor intent
                                                                                     a tertiary thought.
                                            was fuzzy or misinterpreted once
                                            the donor could no longer provide        The most successful foundations,
                                            guidance. In cases like these, the       however, take the time to do a
                                            results are often disappointing.         little soul searching and clearly
                                                                                     define their intentions. Arabella
                                            By focusing on the tax and
                                                                                     Philanthropic Investment Advisors
                                            logistical issues involved in
                                                                                     suggests that a written mission
                                            setting up foundations, lawyers,
                                                                                     statement be developed that reflects
                                            accountants and other advisors
                                                                                     a donor’s values, guides the work of
                                            may put off or ignore the
                                                                                     their foundation and helps others
                                            opportunity to help donors
                                                                                     understand their larger purpose.
                                            define the core missions of their
                                                                                     A mission statement defines the
                                            foundations. Once the foundations
                                                                                     change the donor wishes to see
                                            are up and running, the focus tends
                                                                                     and how it will be achieved.
                                            to shift to managing assets and
                                            complying with IRS guidelines.


                                                               -2-
The following is an example of a        the amount of money was so great
A Focus on Mission
                                             written mission statement:              that the foundation needed outsiders
In Chicago, the Steans Foundation
decided to focus its philanthropic           “The Sara Hutcheson Foundation’s        as well as family members to serve as
energies on fashioning a                      mission is to ensure that the          trustees. It was a decision he would
comprehensive and sustained                   poorest families are treated with      regret for the rest of his life.
intervention in the Lawndale
                                              the respect and dignity all people     The next several decades were
neighborhood on the west side of the
city. Lawndale is an area with all the
                                              deserve. We believe that helping       filled with many adventures and
problems that can beset a community,          women and children is the most         misadventures. The “outsiders” led
including violence, high levels of            effective way to improve life in       the Ford Foundation into areas that
unemployment and poverty, and weak            under-served communities.”             were well beyond its founder’s vision
schools. Rather than rush in and begin                                               and values. By 1976, Henry Ford II
developing programs and funding
                                             Most donor families have specific
                                             passions that can serve as the basis    resigned from the board saying he no
activities, this small family foundation
took a very different route.                 for foundation goals. If these          longer recognized the institution –
                                             passions are not obvious, there are     an acrimonious parting between the
They hired an executive director who
                                             professionals, like Arabella, who       Ford family and the philanthropy it
had credibility in the community,
having run popular youth programs.           can help the family identify their      had spawned. In spite of this, many
He was charged with the task of setting      goals and define a mission that suits   have argued, the Ford Foundation
up a store front office in Lawndale          these goals. Taking the time to be      has produced significant public
and listening to what residents
                                             thoughtful upfront can alleviate        benefits. Still, it may have failed to
thought were the real needs of the                                                   achieve the benefits that Henry Ford
neighborhood. Additionally, the Steans
                                             guesswork by others in the future.
                                                                                     had expected.
Foundation hosted a policy conference        The story of the Ford Foundation
on urban poverty to learn about              offers a well-documented example of     Creating a Spend Policy
approaches that had been tried and
                                             what can happen when the charitable     Once a foundation clearly defines
studied in other neighborhoods. As the
Foundation became more confident
                                             mission is open to interpretation. In   its mission, it can more successfully
about its ability to assess and respond      1936, shortly after Congress raised     create a spend policy with a payout
to the neighborhood’s true needs, it         the top estate tax rate above 70%,      rate that supports that mission.
began to fashion a broad program             Henry Ford sought to protect his        There are three primary issues that
aimed at assisting residents.                family’s control of the Ford Motor      influence this rate:
Because it was a relatively new player       Company by creating the Ford
in the nonprofit scene, the Steans                                                   Effectiveness – whether an
                                             Foundation. When Henry Ford
Foundation began by listening to                                                     accelerated payout will help to
                                             died in 1947, the Ford Foundation
the community and then sought                                                        resolve a social issue sooner, or just
                                             received 95% of the economic interest
out partners to aid in its work. The                                                 use up funds that may be more
focus of it mission, which was a single
                                             in the Ford Motor Company while
                                                                                     greatly needed down the road
neighborhood, never changed. By              his family maintained voting control.
taking their time to understand how                                                  Generational equity – whether an
                                             From the outset, Ford’s grandson,
to best match their spending policy                                                  accelerated payout can help to even
                                             Henry Ford II, decided that the
with their mission they increased their                                              out the relative benefits and tax
chance of success.
                                             family would not try to control the
                                                                                     burdens of different generations
                               (continued)   foundation. Although Henry Ford II
                                             was chairman of the board of both       Values expression – whether donors
                                             the Ford Motor Company and the          want to see their goals fulfilled
                                             Ford Foundation, he believed that       during their lifetimes or in perpetuity




                                                               -3-
Effectiveness                               problem a donor wishes to solve.
                (continued from previous page)
                                                 Consider how a foundation might             This requires an understanding of
The Steans Foundation
Mission Statement:                               address environmental problems              the degree to which the problem is
                                                 versus curing polio. Plotting               likely to increase, decrease, or stay
“ The Steans Family Foundation
  concentrates its grant making                  environmental problems over time            the same.
  and programs in North Lawndale,                would create a relatively steep             Generational Equity
  a revitalizing neighborhood on                 ascending curve (Figure 1) that
  Chicago’s west side. By dedicating                                                         Foundation payout rates also have
                                                 represents increases in greenhouse
  time, money, and skills, this                                                              serious fairness implications –
  small family foundation works in
                                                 gases, air and water pollution, and other
                                                                                             especially given the exponential
  partnership with local residents and           global indicators of environmental
                                                                                             growth in philanthropic assets that is
  institutions to build and enhance              distress. Plotting the progression of
                                                                                             expected in coming decades. When
  the North Lawndale community.                  polio over time would produce a
  The Foundation’s work supports the                                                         donors fund private foundations,
                                                 downward slope, as the number of
  idea that effective revitalization can                                                     they receive current tax benefits.
                                                 children victimized is projected to
  occur within the embedded social                                                           Because these benefits reduce tax
                                                 drop precipitously. As you can see
  and economic networks that create                                                          revenue, they decrease government
  and sustain communities.”                      below, the “shapes” of these issues
                                                                                             resources for current social programs.
                                                 are quite different.
                                                                                             If a foundation exists in perpetuity,
                                                 Giving away larger amounts of               future generations will receive
                                                 money in the short and near term,           benefits, but the generation that
                                                 as Gates and Buffet have urged with         experienced the lost tax revenue may
                                                 the Giving Pledge, may make it easier       not. Although there is no moral or
                                                 to cure social problems rather than         legal obligation to use money earned
                                                 merely treat their symptoms.                in one generation to benefit the same
                                                 To determine the effectiveness of           generation, some donors want to
                                                 such a strategy, one must understand        return some of their wealth to the
                                                 the shape of the specific social            generation that helped them earn it.

                                                   FIGURE 1:

                                                   Projected Severity, Over Time, of Environmental Issues and Polio


                                                                Relative
                                                                severity
                                                                of social                                     Global
                                                                problem                                       environment




                                                                                                             Polio




                                                                                              Time

                                                   Source: Xxxxxx Xxxxxx




                                                                           -4-
Making a Difference                       Values Expression                       Long-Term Missions
Donors who want to “do something          Current spending strategies may be      Donors that fund long-term missions
bold, break new ground, and address       particularly attractive to donors who   have concluded that their funds have
the root cause of an issue” must take
                                          wish to participate fully in the act    a greater effectiveness in the future
the time to thoroughly research their
missions, says Curtis Meadows Jr.,
                                          of giving. They may also alleviate      than they would have today. Warren
past president and director emeritus      concern about having others make        Buffett, who continues to control
of the Dallas-based Meadows               decisions about donors’ gifts after     Berkshire Hathaway, seems a good
Foundation. “If they care about how       they’re gone.                           example of such donors.
their money is spent, they have to
                                          There is little doubt that donors       Achieving sufficient returns over
get involved up front.”
                                          who spend the bulk of their wealth      time will likely involve more risk,
Meadows, an attorney who also
                                          while still alive ensure that their     however. For long-term missions, it
advises other charitable foundations,
notes that “the biggest problem in
                                          philanthropy is animated by their       is appropriate to seek a rate of return
being effective is time.” Some donors     specific passions – convictions         that maintains the corpus (core
who’ve spent their lives making money     that professional foundation            assets) over time. The 5% minimum
don’t want to be the driving force in     managers may not share. Having          set by the IRS may make this effort
their philanthropy.                       the philanthropic principals, rather    more challenging. To meet the IRS
“People do care,” he says. “They just     than their agents, make the actual      requirement, a foundation must earn
don’t always recognize that disposing     gifts is also the best way to ensure    at least 5% just to stay even. Larger
of wealth wisely requires the same
                                          that philanthropy’s unique voice        distributions require higher returns
effort as creating that wealth. If a
                                          continues to be heard in the public     and, typically, greater risk.
donor has strong feelings about the
mission of the foundation, there is       sphere in ways that are different and   When the Economic Recovery Tax
no one better suited to carrying out      less constrained than the voices of     Act of 1981 set the payout minimum
that desire.”                             government agencies.                    at 5%, the 10-year Treasury (which
The Meadows Foundation, a perpetual
                                          Setting an Investment Strategy          many would consider a “risk-free”
institution, has a very simple mission:                                           investment) was yielding about 15%.
benefitting the people of Texas. Still,   Once a foundation establishes its       Given current yields, a foundation
“the trustees have been carefully         mission and creates a spend policy
trained in applying the vision of the
                                                                                  must thus take much greater risk
                                          based on the shape of the problem,
founder in an ever-changing world,”                                               today to reach the 5% threshold
                                          it must design an investment strategy
Meadows says.                                                                     (and avoid invading its corpus) than
                                          to support the spend policy. While      when the law was written. Greater
                                          foundation missions are as unique as    risk means investing in instruments
                                          their donors, they can be placed in     that have higher volatility and the
                                          three primary categories:               potential for large losses.
                                          • Long-term missions                    In seeking higher returns, a
                                          • Short-term missions                   foundation may actually find itself
                                          • Long-term missions with               with less money to give away when
                                            inflection points




                                                              -5-
losses occur. Table 1 below shows                     In the 1980s and 1990s, foundations
                                                      four portfolios that invest $100                      minimized the impact of volatility
                                                      million over two years at different                   on returns by using modern portfolio
                                                      rates of return. Assuming no interim                  theory to allocate investments to
                                                      distributions, all the portfolios end                 cash, bonds, and stocks. They still
                                                      up with the same arithmetic average                   experienced significant volatility,
                                                      return. (See the Average Returns                      however. Following the volatile
                                                      column.) However, Portfolios C                        markets of 2000–2002, more
                                                      and D, which have lower volatility,                   embraced the “endowment model”
                                                      end Year 2 with $3 million more                       of investing.
                                                      than Portfolios A and B, which have                   Made popular by foundations at
                                                      higher volatility. (See Assumption                    Yale and Harvard, the endowment
                                                      #1 column.)                                           approach seeks to lessen volatility by
                                                      Now assume Portfolios A through D                     allocating significant assets to non-
                                                      represent four foundations that must                  public, illiquid markets. Typically,
                                                      make distributions. Each commits                      fixed-income investments are
                                                      to paying $5 million at the end of                    replaced with market-neutral hedge
                                                      each year for two years. Once again,                  funds. Equities are replaced with
                                                      volatility matters. Portfolios C and                  private equity funds, venture capital
                                                      D have more money at the end of                       funds, and real estate. Because there
                                                      Year 2 than Portfolios A and B (see                   may be times (such as 2008) when
                                                      Assumption #2 column). It is also                     most asset classes decreased in value
                                                      clear that the timing of returns matter               at the same time, this strategy is most
                                                      when distributions are introduced.                    appropriate for foundations with
                                                      Portfolios A and C, which have                        longer spending horizons that will
                                                      negative returns in Year 1, both                      give their investments enough time
                                                      end Year 2 with less money than                       to normalize in price. Even with a
                                                      Portfolios B and D, which have                        longer-term horizon, a foundation
                                                      negative returns in Year 2.                           must maintain an appropriate level
                                                                                                            of liquidity to meet the IRS
                                                                                                            distribution requirements.
TABLE 1
                                                                                                            Short-Term Missions
Portfolio            Returns              Initial Capital              Ending Capital – Year 2
                                                                                                            An endowment strategy becomes
                                                            Assumption #1             Assumption #2
                                                                                                            less appropriate for short-term
            Year 1   Year 2    Average*                     No Distributions     Annual $5M Distributions   missions because a financial crisis
   A         -20%      20%        0%          $100               $96                       $85              could cause the riskier assets to
                                                                                                            decrease in value simultaneously
   B          20%     -20%        0%          $100               $96                       $87
                                                                                                            and for potentially long periods of
   C         -10%      10%        0%          $100               $99                       $89              time. Foundations with shorter time
                                                                                                            horizons should thus invest primarily
   D          10%     -10%        0%          $100               $99                       $90
                                                                                                            in less risky, lower-return assets such
                                                                                                            as cash equivalents and bonds, with
                                                                                                            perhaps a minor amount allocated
                                                                                                            to liquid equities.


                                                                               -6-
Unfortunately, not all shorter-term                    In 1991, the foundation’s board
The Beldon Fund
                                                foundations take this approach.                        sensed an inflection point in
The Beldon Fund was created by
John Hunting in 1982 as a national              In 1999, Steven Kirsch created                         their cause. Despite significant
foundation committed to promoting               the Steven and Michele Kirsch                          technological advancements
sound environmental policies. In 1998,          Foundation and endowed it with                         in the 1980s, few universities
Beldon received a major infusion of             $50 million. He set a relatively                       had biomedical engineering
money from the sale of Hunting’s stock          high payout rate of 10% to                             departments. The foundation
in the Steelcase Company. Hunting
                                                12%, indicating a commitment                           decided it could have a greater
set his foundation on a new course
by deciding to spend all its principal
                                                to making a difference sooner                          impact by spending its assets down
and earnings over the next 10 years             rather than later. The foundation’s                    than by continuing in perpetuity.
on efforts that would build a national          board invested 90% of the assets                       It then fully distributed its assets
consensus for achieving and sustaining          in high-tech stocks – the same                         over the next 14 years.1
a healthy planet.*                              investment from which Mr. Kirsch                       Foundations that have long-term
Foundations with short-term missions,           had earned the wealth that made                        missions with inflection points can
like Beldon, conclude that the present          his gift possible. When the dot-com                    combine the endowment method
value (discount rate) of future cash flow       bubble burst, the foundation’s assets
is greater than the return they could                                                                  with short-term portfolio strategies.
                                                plunged to $9.2 million. Clearly                       How far they stray from the
earn on financial assets. Because these
foundations believe their effectiveness
                                                the foundation’s funding status                        endowment approach will depend
is greatest in the short term, their            would no longer allow Mr. Kirsch                       on the frequency and magnitude
investment goals should thus focus on           to make the difference he perhaps                      of the expected inflection points.
preserving the wealth that they expect          had planned.1                                          The greater the frequency and/or
to disburse.
                                                Long-Term Missions With                                magnitude, the more they should
                                                Inflection Points                                      depend on shorter-term strategies.
* Beldon Fund, “Giving While Living:
  The Beldon Fund Spend-Out Story,” 2009.       Many foundations with long-term                        No matter what time horizon a
                                                missions recognize that near-term                      foundation chooses, it is important
                                                opportunities to increase benefits                     to correlate investment strategy
                                                may arise from time to time. The                       with mission. For example, assume
                                                HKH Foundation strives to protect                      a hypothetical foundation seeks
                                                civil liberties and the environment,                   to maintain and protect the Gulf
                                                which most would see as a long-                        of Mexico and splits its portfolio
                                                term mission. During the 2004                          evenly between non-traditional
                                                election, however, HKH saw a                           equities and bonds, which are
                                                short-term opportunity for using a                     considered to be less risky. The
                                                large payout to make a significant                     values of these two types of
                                                impact. With the potential to be                       investments would appear, at least
                                                highly effective during this window                    on the surface, to have relatively
                                                of time, HKH disbursed funds                           low correlation with each other.
                                                beyond its typical 5% target.2                         But what if both the bond and
                                                Another example is the Whitaker                        equity allocations had a heavy
                                                Foundation, created in 1975                            weighting in energy companies?
                                                by Uncas Whitaker to pioneer                           Suddenly, the BP oil rig accident
                                                advances in biomedical engineering.                    of 2010 occurs, and charitable

                                            1
                                                Deanne Stone, “Alternatives to Perpetuity: A Conversation that Every Foundation Should Have,” 2005.
                                            2
                                                http://www.ncg.org/s_ncg/bin.asp?CID=9349&DID=24751&DOC=FILE.PDF


                                                                          -7-
demands on the foundation rise             Foundations should consider both
dramatically. Because the accident         liquidity and portfolio correlation
was caused by an energy company,           when contemplating a program-
all investments in that industry are       related investment (PRI). With PRIs,
punished. The energy bonds decrease        foundations use their investment
in value – as do the non-traditional       portfolio to provide capital through
investments, which cannot be               equity investments or loans directly
liquidated. At a time when the need        to the non-profit organizations
is greatest, the foundation’s capacity     they support on preferred terms.
to help is reduced because its             These strategies include private
investment portfolio correlates            equity or loan funds (partnerships)
too closely with its mission.              that provide diversification while
                                           complementing a foundation’s
Distribution Challenges With               overall mission. Generally, PRIs are
the Endowment Approach                     illiquid and highly correlated to the
While using non-traditional                foundation’s mission. As a result,
investments can smooth out volatility,     even though they don’t count when
they generally have lock-up periods        considering net investment assets
on the front end and limited               and the minimum distribution
liquidation windows. This can keep         requirement, the more liquid portion
a foundation from accessing the            of the total investment portfolio
funds it needs.                            still must be managed differently to
Assume a foundation with $100              provide the flexibility and the return
million splits its investments evenly      the foundation needs to achieve the
between traditional and non-               rest of its mission.
traditional vehicles. To make grants,      Factoring Taxes Into Returns
it must raid the traditional portfolio,
where the only liquidity exists. Over      While tax savings is often a major
time, if not carefully monitored, the      force behind the establishment of
investment mix becomes more heavily        a private foundation, once up and
weighted toward the non-traditional,       running, they can be overlooked.
less liquid investments. If a financial    Currently, there is a 2% maximum
crisis strikes before corrective           excise tax on the net investment
measures are taken, the foundation         income (including capital gains)
may find itself in a liquidity bind        of private tax-exempt foundations.
                                           However, the rate was historically
and be forced to sell illiquid assets at
                                           higher. The Tax Reform Act of 1969
drastically reduced values. This was
                                           first imposed this tax at a rate of 4%.
the experience of many who followed        Given that the IRS now claims that
the endowment model during the             the tax does not raise enough revenue
financial crisis of 2008. Because of       to cover audit and compliance costs,
this experience, many will likely adjust   Congress could decide to raise the
that model to make more room for           rate in the future.
cash or equivalents.




                   -8-
Regardless of the rate, foundations
Case Study: Matching Investment Strategy to Mission
                                                                                                 can reduce the impact of this tax by
Mike and Linda Smith set up a $100 million, Texas-based family foundation prior to the
                                                                                                 matching capital gains and losses.
partial sale of their business to support local inner-city educational programs. Their goal
was to give back to a community that had helped them and their family and make a
                                                                                                 During the financial crisis of 2008,
difference in the lives of those less fortunate than themselves.                                 most foundations saw the value
                                                                                                 of their assets decline. Many then
The Smiths worked with their advisors to set up a structure that would handle
                                                                                                 realized those losses in 2009 as
administrative tasks, grant making and investment management for the foundation.
Their investment strategy was built on traditional asset allocation concepts and the
                                                                                                 they made distributions or adjusted
Endowment Model popularized by major universities like Yale and Harvard. Anxious
                                                                                                 their investment strategies. Unlike
to make an immediate impact, they quickly made several very large grants and easily              individuals, however, they could
exceeded the 5% annual payout rate used by many private foundations.                             not carry the losses forward to offset
                                                                                                 gains in future years. If a foundation
With the financial crisis of 2008, the foundation’s assets declined substantially at the
same time that the needs of organizations it served grew dramatically. This strain caused
                                                                                                 recognizes $50 million in gains in
significant concern for the Smiths and their advisors. In February of 2009, their primary        the year following a loss, it pays the
investment advisor was asked to update an analysis of spending policy that been                  2% tax on those gains (or $100,000).
completed shortly before the crisis.                                                             If the foundation claims the $50
The original analysis had yielded the following conclusions:
                                                                                                 million gain and the $50 million loss
                                                                                                 in the same year, it would eliminate
• Spend policy, like any planning, requires flexibility.
                                                                                                 the $100,000 tax.
• Spend policy should also relate to the foundation’s time horizon.
                                                                                                 Staying True to the
• This time horizon is a function of the purpose of the foundation and the expected role,
                                                                                                 Long-Term Mission
  if any, of future generations.
• Asset liquidity should match both horizon and spending policy.
                                                                                                 Preserving a donor’s intent over
                                                                                                 time requires accountability systems
• A foundation’s “return” on giving, while difficult to measure, must be considered.
                                                                                                 that help to preserve a foundation’s
Upon revisiting the foundation’s spend policy seven months later, these conclusions              mission once the donor is no
helped improve both the spend policy and the investment strategy. The Smiths and their           longer on the scene. Some donors
advisors had realized that their original investment strategy had too many moving pieces         try to maintain control and avoid
to provide the flexibility they required. Multiple advisors, essentially doing the same thing,
                                                                                                 mission drift by specifying that
had not provided additional diversification, just additional complexity – making it difficult
                                                                                                 family members, long-time business
to make changes efficiently. Even rebalancing the foundation’s investment portfolio had
                                                                                                 associates, attorneys, and other
become an overwhelming task.
                                                                                                 influential members of the local
Just as importantly, the Smiths zeroed in on what they wanted their foundation to                community serve as trustees. Others
accomplish and the role that their children might eventually play. Because this had not          define the selection criteria for
been clear at the beginning, the foundation had, by default, ended up with an asset              naming trustees in the future. But
allocation designed for a long-term horizon that included many illiquid investments.             most donors rarely foresee how the
As other foundations that follow the endowment model had found, a lack of liquidity              tension between time and mission
can be a serious problem during a financial crisis.                                              will play out.
                                                                                                 Examples of mission conflicts after
                                                                                                 a donor dies are legendary and
                                                                                                 numerous. One of the most high-
                                                                                                 profile disputes has pitted the friends
                                                                                                 and associates of Milton Hershey
                                                                                                 against each other in a struggle for
                                                                                                 control of the chocolate magnate’s
                                                                                                 philanthropic legacy.




                                                                       -9-
In the Pennsylvania town bearing his      created a major division within the
name, Milton Hershey endowed a            community. Some argued that the
school for orphans. Today, the school     creation of a research institute, far
serves 1,500 students, mostly from        from allowing the school to help
single-parent families – not orphans.     more children, abandoned the real
The school’s endowment, now at            values and commitments of the
more than $5 billion, is greater than     Hershey family. The battle led to
all but a small number of private         court cases and ultimately went to
universities in the country. With         the Pennsylvania Supreme Court
about 650 full-time employees, the        in 2003. The Court decided to let
school spends more than $60,000           the state attorney’s office mediate
per student each year. It is located on   between the embittered sides. The
a plush campus with a new library,        dispute has quieted down for the
arts center, swimming pools, and          moment as both sides are focused on
the latest technology. Given these        celebrating the school’s centennial.
substantial expenditures, some            Choosing between current giving
alumni and community members              and the slow disbursal of funds in
believed the school should expand its     perpetuity is ultimately a personal
mission rather than spending lavishly     choice for donors that has profound
on new facilities.                        implications for the organizations
The school’s leadership created           and individuals that benefit from
significant controversy in 1999,          their gifts. One thing is certain,
however, when it proposed a foray         however: treating time as something
into research and training related        complex and contingent – rather
to educating needy children. To           than simply accepting perpetuity as
make this important shift in              the default – is critical to fulfilling
priorities, the school took the           philanthropy’s goal.
unusual step of going to probate
                                          Conclusion
court to seek permission to divert
$25 million to the construction of        It is up to donors and their advisors
a Catherine Hershey Institute for         to shift the focus from the tax
Learning and Development and              benefits to the larger question of
use additional funds to support its       missions. Once mission is defined,
future operating budget.                  appropriate spend policies that
                                          correspond with those missions and
The school’s board had to show
                                          investment strategies will follow.
that it was unable to use the funds
                                          By putting “mission” in the driver’s
left to the school efficiently and
                                          seat, donors may have a better shot
that the modification sought was in
                                          at getting to where they want to go
keeping with the general charitable
                                          with their philanthropic efforts.
intent of the Hershey’s. The move




                  - 10 -
ABOUT THE AUTHORS:

                                                                    Peter Frumkin is a professor of public affairs and director of the RGK Center for
                                                                    Philanthropy and Community Service at the Lyndon B. Johnson School of Public
                                                                    Affairs, University of Texas at Austin. His research and teaching focus on social
                                                                    entrepreneurship and philanthropy. Frumkin is the author of numerous articles
                                                                    on all aspects of philanthropy, and has lectured on philanthropy at meetings of
                                                                    grant makers across the country. You can contact Peter at 512-232-7062.
                                                                    Christopher G. Didier is a managing director of the Baird Family Wealth Group.
                                                                    He holds an MBA from the University of Chicago and is a CFA Charterholder. Chris
                                                                    was named to Worth magazine’s “Top 100 Wealth Advisors” in 2007.
                                                                    David A. Klenke is a vice president with the Baird Family Wealth Group. He holds
                                                                    an undergraduate degree from the University of Wisconsin-Madison and is a CFA
                                                                    Charterholder, a CPA, and a CFP® professional.




                                                                    The Baird Family Wealth Group is a multi-family office committed to providing
                                                                    customized and comprehensive wealth management services to business owners
                                                                    or executives with at least $25 million in investable assets. Baird Family Wealth
                                                                    Group has offices in Milwaukee, Wis., and Dallas, Texas. You can contact Chris at
                                                                    414-765-7095 or Dave at 414-298-7434.

                                                                    The opinions in this article are those of the writers and not Robert W. Baird & Co. Robert W. Baird & Co. does not
                                                                    provide tax or legal advice.
                                                                    Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL
                                                                    PLANNER™ and federally registered         in the U.S., which it awards to individuals who successfully complete
                                                                    CFP Board’s initial and ongoing certification requirement.




                                                                                              - 11 -
© 2010 Robert W. Baird & Co. Incorporated. baird.com 800-RW-BAIRD                                                                                                  First use: 9/10. MC-30835.

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Move Over, 5%, and Let Mission Drive

  • 1. Move Over, 5%, and Let Mission Drive By Peter Frumkin, Chris Didier and David Klenke Synopsis Many donors to private foundations focus on the tax benefits and logistical questions involved in setting them up and don’t pay as much attention to the larger question of their missions. Of particular influence is the IRS requirement that foundations distribute 5% of their net assets to charity each year. Set by Congress, this arbitrary number dictates the spending policies and corresponding investment strategy of most foundations. However, donors may increase the likelihood of the success of their foundation by defining their mission separately from tax law, creating spend policies that correspond with those missions while meeting the minimum distribution requirement and, finally, setting investment strategies that are appropriate for those policies. Introduction In May 2009, the two richest men in America, Bill Gates and Warren Buffett, presided over a confidential dinner meeting of billionaires in New York City. In June 2010, the true purpose of that meeting was revealed. Gates and Buffet challenged America’s billionaires to give away the majority of their wealth to charity – either during their lifetimes or at death – in an effort called the Giving Pledge. If successful, this effort could raise an estimated $600 billion and may alter philanthropy for decades to come. -1-
  • 2. Many wealthy individuals, not To realize the social benefits their The History of 5% just billionaires, will likely follow donors seek, foundations must Prior to 1969, the federal government had little control over how foundation the example of Gates, Buffet and clearly define their missions, create funds were used or managed. With countless others before them who spend policies that correspond with the Tax Reform Act of 1969, Congress have taken philanthropy seriously. those missions and set investment responded to concerns that had been Most want to solve a social strategies that suit those policies. raised for decades regarding the size of problem or simply give back to the assets in foundations and the role they Defining the Mission communities that fostered their played in society. success. Many are also motivated From the start, foundation donors The act prohibited self-dealing by have appreciated the tax and legal by income and estate tax rules that foundations, regulated their grants to promote charitable giving. Setting implications of philanthropy but individuals, restricted their ownership of businesses and limited their up a private foundation, which struggled to pin down what their involvement in legislation and political provides some measure of control foundations should achieve. We campaigns. It also taxed foundations during the donor’s lifetime while believe that the one important driver for the first time and required that creating a family legacy, may be the of this lack of focus on mission is the they distribute the greater of their preferred giving platform for the IRS requirement to pay out 5% of total investment income or 6% of their bulk of these philanthropists. net investment income (see sidebar, assets to grantees each year. Later “The History of 5%”). This rule legislation changed the distribution The tax code encourages charitable highly influences the spending policy policy to 5% of a foundation’s net giving in return for special treatment investment assets. of the foundation and, in turn, the under the assumption that some way the assets are invested. What gets By defining distribution policy, federal social benefit will be realized. tax law may have unintentionally lost in the focus on the 5% payout However, the code neither ensures hijacked foundation spending policy. are the mission of the foundation that significant social benefits Because most private foundations base and the shape of the problem being annual payouts on the 5% threshold will be achieved or defines what solved. It is our contention that today, they may have lost the ability to a social benefit would be. It often because the rules are defined and be flexible in the spending policies that comes down to the intent of the the mission is not, spend policy is fulfill their missions. donor. Unfortunately, the history predetermined, investment strategy of philanthropy is littered with standardized, and mission becomes examples in which donor intent a tertiary thought. was fuzzy or misinterpreted once the donor could no longer provide The most successful foundations, guidance. In cases like these, the however, take the time to do a results are often disappointing. little soul searching and clearly define their intentions. Arabella By focusing on the tax and Philanthropic Investment Advisors logistical issues involved in suggests that a written mission setting up foundations, lawyers, statement be developed that reflects accountants and other advisors a donor’s values, guides the work of may put off or ignore the their foundation and helps others opportunity to help donors understand their larger purpose. define the core missions of their A mission statement defines the foundations. Once the foundations change the donor wishes to see are up and running, the focus tends and how it will be achieved. to shift to managing assets and complying with IRS guidelines. -2-
  • 3. The following is an example of a the amount of money was so great A Focus on Mission written mission statement: that the foundation needed outsiders In Chicago, the Steans Foundation decided to focus its philanthropic “The Sara Hutcheson Foundation’s as well as family members to serve as energies on fashioning a mission is to ensure that the trustees. It was a decision he would comprehensive and sustained poorest families are treated with regret for the rest of his life. intervention in the Lawndale the respect and dignity all people The next several decades were neighborhood on the west side of the city. Lawndale is an area with all the deserve. We believe that helping filled with many adventures and problems that can beset a community, women and children is the most misadventures. The “outsiders” led including violence, high levels of effective way to improve life in the Ford Foundation into areas that unemployment and poverty, and weak under-served communities.” were well beyond its founder’s vision schools. Rather than rush in and begin and values. By 1976, Henry Ford II developing programs and funding Most donor families have specific passions that can serve as the basis resigned from the board saying he no activities, this small family foundation took a very different route. for foundation goals. If these longer recognized the institution – passions are not obvious, there are an acrimonious parting between the They hired an executive director who professionals, like Arabella, who Ford family and the philanthropy it had credibility in the community, having run popular youth programs. can help the family identify their had spawned. In spite of this, many He was charged with the task of setting goals and define a mission that suits have argued, the Ford Foundation up a store front office in Lawndale these goals. Taking the time to be has produced significant public and listening to what residents thoughtful upfront can alleviate benefits. Still, it may have failed to thought were the real needs of the achieve the benefits that Henry Ford neighborhood. Additionally, the Steans guesswork by others in the future. had expected. Foundation hosted a policy conference The story of the Ford Foundation on urban poverty to learn about offers a well-documented example of Creating a Spend Policy approaches that had been tried and what can happen when the charitable Once a foundation clearly defines studied in other neighborhoods. As the Foundation became more confident mission is open to interpretation. In its mission, it can more successfully about its ability to assess and respond 1936, shortly after Congress raised create a spend policy with a payout to the neighborhood’s true needs, it the top estate tax rate above 70%, rate that supports that mission. began to fashion a broad program Henry Ford sought to protect his There are three primary issues that aimed at assisting residents. family’s control of the Ford Motor influence this rate: Because it was a relatively new player Company by creating the Ford in the nonprofit scene, the Steans Effectiveness – whether an Foundation. When Henry Ford Foundation began by listening to accelerated payout will help to died in 1947, the Ford Foundation the community and then sought resolve a social issue sooner, or just received 95% of the economic interest out partners to aid in its work. The use up funds that may be more focus of it mission, which was a single in the Ford Motor Company while greatly needed down the road neighborhood, never changed. By his family maintained voting control. taking their time to understand how Generational equity – whether an From the outset, Ford’s grandson, to best match their spending policy accelerated payout can help to even Henry Ford II, decided that the with their mission they increased their out the relative benefits and tax chance of success. family would not try to control the burdens of different generations (continued) foundation. Although Henry Ford II was chairman of the board of both Values expression – whether donors the Ford Motor Company and the want to see their goals fulfilled Ford Foundation, he believed that during their lifetimes or in perpetuity -3-
  • 4. Effectiveness problem a donor wishes to solve. (continued from previous page) Consider how a foundation might This requires an understanding of The Steans Foundation Mission Statement: address environmental problems the degree to which the problem is versus curing polio. Plotting likely to increase, decrease, or stay “ The Steans Family Foundation concentrates its grant making environmental problems over time the same. and programs in North Lawndale, would create a relatively steep Generational Equity a revitalizing neighborhood on ascending curve (Figure 1) that Chicago’s west side. By dedicating Foundation payout rates also have represents increases in greenhouse time, money, and skills, this serious fairness implications – small family foundation works in gases, air and water pollution, and other especially given the exponential partnership with local residents and global indicators of environmental growth in philanthropic assets that is institutions to build and enhance distress. Plotting the progression of expected in coming decades. When the North Lawndale community. polio over time would produce a The Foundation’s work supports the donors fund private foundations, downward slope, as the number of idea that effective revitalization can they receive current tax benefits. children victimized is projected to occur within the embedded social Because these benefits reduce tax drop precipitously. As you can see and economic networks that create revenue, they decrease government and sustain communities.” below, the “shapes” of these issues resources for current social programs. are quite different. If a foundation exists in perpetuity, Giving away larger amounts of future generations will receive money in the short and near term, benefits, but the generation that as Gates and Buffet have urged with experienced the lost tax revenue may the Giving Pledge, may make it easier not. Although there is no moral or to cure social problems rather than legal obligation to use money earned merely treat their symptoms. in one generation to benefit the same To determine the effectiveness of generation, some donors want to such a strategy, one must understand return some of their wealth to the the shape of the specific social generation that helped them earn it. FIGURE 1: Projected Severity, Over Time, of Environmental Issues and Polio Relative severity of social Global problem environment Polio Time Source: Xxxxxx Xxxxxx -4-
  • 5. Making a Difference Values Expression Long-Term Missions Donors who want to “do something Current spending strategies may be Donors that fund long-term missions bold, break new ground, and address particularly attractive to donors who have concluded that their funds have the root cause of an issue” must take wish to participate fully in the act a greater effectiveness in the future the time to thoroughly research their missions, says Curtis Meadows Jr., of giving. They may also alleviate than they would have today. Warren past president and director emeritus concern about having others make Buffett, who continues to control of the Dallas-based Meadows decisions about donors’ gifts after Berkshire Hathaway, seems a good Foundation. “If they care about how they’re gone. example of such donors. their money is spent, they have to There is little doubt that donors Achieving sufficient returns over get involved up front.” who spend the bulk of their wealth time will likely involve more risk, Meadows, an attorney who also while still alive ensure that their however. For long-term missions, it advises other charitable foundations, notes that “the biggest problem in philanthropy is animated by their is appropriate to seek a rate of return being effective is time.” Some donors specific passions – convictions that maintains the corpus (core who’ve spent their lives making money that professional foundation assets) over time. The 5% minimum don’t want to be the driving force in managers may not share. Having set by the IRS may make this effort their philanthropy. the philanthropic principals, rather more challenging. To meet the IRS “People do care,” he says. “They just than their agents, make the actual requirement, a foundation must earn don’t always recognize that disposing gifts is also the best way to ensure at least 5% just to stay even. Larger of wealth wisely requires the same that philanthropy’s unique voice distributions require higher returns effort as creating that wealth. If a continues to be heard in the public and, typically, greater risk. donor has strong feelings about the mission of the foundation, there is sphere in ways that are different and When the Economic Recovery Tax no one better suited to carrying out less constrained than the voices of Act of 1981 set the payout minimum that desire.” government agencies. at 5%, the 10-year Treasury (which The Meadows Foundation, a perpetual Setting an Investment Strategy many would consider a “risk-free” institution, has a very simple mission: investment) was yielding about 15%. benefitting the people of Texas. Still, Once a foundation establishes its Given current yields, a foundation “the trustees have been carefully mission and creates a spend policy trained in applying the vision of the must thus take much greater risk based on the shape of the problem, founder in an ever-changing world,” today to reach the 5% threshold it must design an investment strategy Meadows says. (and avoid invading its corpus) than to support the spend policy. While when the law was written. Greater foundation missions are as unique as risk means investing in instruments their donors, they can be placed in that have higher volatility and the three primary categories: potential for large losses. • Long-term missions In seeking higher returns, a • Short-term missions foundation may actually find itself • Long-term missions with with less money to give away when inflection points -5-
  • 6. losses occur. Table 1 below shows In the 1980s and 1990s, foundations four portfolios that invest $100 minimized the impact of volatility million over two years at different on returns by using modern portfolio rates of return. Assuming no interim theory to allocate investments to distributions, all the portfolios end cash, bonds, and stocks. They still up with the same arithmetic average experienced significant volatility, return. (See the Average Returns however. Following the volatile column.) However, Portfolios C markets of 2000–2002, more and D, which have lower volatility, embraced the “endowment model” end Year 2 with $3 million more of investing. than Portfolios A and B, which have Made popular by foundations at higher volatility. (See Assumption Yale and Harvard, the endowment #1 column.) approach seeks to lessen volatility by Now assume Portfolios A through D allocating significant assets to non- represent four foundations that must public, illiquid markets. Typically, make distributions. Each commits fixed-income investments are to paying $5 million at the end of replaced with market-neutral hedge each year for two years. Once again, funds. Equities are replaced with volatility matters. Portfolios C and private equity funds, venture capital D have more money at the end of funds, and real estate. Because there Year 2 than Portfolios A and B (see may be times (such as 2008) when Assumption #2 column). It is also most asset classes decreased in value clear that the timing of returns matter at the same time, this strategy is most when distributions are introduced. appropriate for foundations with Portfolios A and C, which have longer spending horizons that will negative returns in Year 1, both give their investments enough time end Year 2 with less money than to normalize in price. Even with a Portfolios B and D, which have longer-term horizon, a foundation negative returns in Year 2. must maintain an appropriate level of liquidity to meet the IRS distribution requirements. TABLE 1 Short-Term Missions Portfolio Returns Initial Capital Ending Capital – Year 2 An endowment strategy becomes Assumption #1 Assumption #2 less appropriate for short-term Year 1 Year 2 Average* No Distributions Annual $5M Distributions missions because a financial crisis A -20% 20% 0% $100 $96 $85 could cause the riskier assets to decrease in value simultaneously B 20% -20% 0% $100 $96 $87 and for potentially long periods of C -10% 10% 0% $100 $99 $89 time. Foundations with shorter time horizons should thus invest primarily D 10% -10% 0% $100 $99 $90 in less risky, lower-return assets such as cash equivalents and bonds, with perhaps a minor amount allocated to liquid equities. -6-
  • 7. Unfortunately, not all shorter-term In 1991, the foundation’s board The Beldon Fund foundations take this approach. sensed an inflection point in The Beldon Fund was created by John Hunting in 1982 as a national In 1999, Steven Kirsch created their cause. Despite significant foundation committed to promoting the Steven and Michele Kirsch technological advancements sound environmental policies. In 1998, Foundation and endowed it with in the 1980s, few universities Beldon received a major infusion of $50 million. He set a relatively had biomedical engineering money from the sale of Hunting’s stock high payout rate of 10% to departments. The foundation in the Steelcase Company. Hunting 12%, indicating a commitment decided it could have a greater set his foundation on a new course by deciding to spend all its principal to making a difference sooner impact by spending its assets down and earnings over the next 10 years rather than later. The foundation’s than by continuing in perpetuity. on efforts that would build a national board invested 90% of the assets It then fully distributed its assets consensus for achieving and sustaining in high-tech stocks – the same over the next 14 years.1 a healthy planet.* investment from which Mr. Kirsch Foundations that have long-term Foundations with short-term missions, had earned the wealth that made missions with inflection points can like Beldon, conclude that the present his gift possible. When the dot-com combine the endowment method value (discount rate) of future cash flow bubble burst, the foundation’s assets is greater than the return they could with short-term portfolio strategies. plunged to $9.2 million. Clearly How far they stray from the earn on financial assets. Because these foundations believe their effectiveness the foundation’s funding status endowment approach will depend is greatest in the short term, their would no longer allow Mr. Kirsch on the frequency and magnitude investment goals should thus focus on to make the difference he perhaps of the expected inflection points. preserving the wealth that they expect had planned.1 The greater the frequency and/or to disburse. Long-Term Missions With magnitude, the more they should Inflection Points depend on shorter-term strategies. * Beldon Fund, “Giving While Living: The Beldon Fund Spend-Out Story,” 2009. Many foundations with long-term No matter what time horizon a missions recognize that near-term foundation chooses, it is important opportunities to increase benefits to correlate investment strategy may arise from time to time. The with mission. For example, assume HKH Foundation strives to protect a hypothetical foundation seeks civil liberties and the environment, to maintain and protect the Gulf which most would see as a long- of Mexico and splits its portfolio term mission. During the 2004 evenly between non-traditional election, however, HKH saw a equities and bonds, which are short-term opportunity for using a considered to be less risky. The large payout to make a significant values of these two types of impact. With the potential to be investments would appear, at least highly effective during this window on the surface, to have relatively of time, HKH disbursed funds low correlation with each other. beyond its typical 5% target.2 But what if both the bond and Another example is the Whitaker equity allocations had a heavy Foundation, created in 1975 weighting in energy companies? by Uncas Whitaker to pioneer Suddenly, the BP oil rig accident advances in biomedical engineering. of 2010 occurs, and charitable 1 Deanne Stone, “Alternatives to Perpetuity: A Conversation that Every Foundation Should Have,” 2005. 2 http://www.ncg.org/s_ncg/bin.asp?CID=9349&DID=24751&DOC=FILE.PDF -7-
  • 8. demands on the foundation rise Foundations should consider both dramatically. Because the accident liquidity and portfolio correlation was caused by an energy company, when contemplating a program- all investments in that industry are related investment (PRI). With PRIs, punished. The energy bonds decrease foundations use their investment in value – as do the non-traditional portfolio to provide capital through investments, which cannot be equity investments or loans directly liquidated. At a time when the need to the non-profit organizations is greatest, the foundation’s capacity they support on preferred terms. to help is reduced because its These strategies include private investment portfolio correlates equity or loan funds (partnerships) too closely with its mission. that provide diversification while complementing a foundation’s Distribution Challenges With overall mission. Generally, PRIs are the Endowment Approach illiquid and highly correlated to the While using non-traditional foundation’s mission. As a result, investments can smooth out volatility, even though they don’t count when they generally have lock-up periods considering net investment assets on the front end and limited and the minimum distribution liquidation windows. This can keep requirement, the more liquid portion a foundation from accessing the of the total investment portfolio funds it needs. still must be managed differently to Assume a foundation with $100 provide the flexibility and the return million splits its investments evenly the foundation needs to achieve the between traditional and non- rest of its mission. traditional vehicles. To make grants, Factoring Taxes Into Returns it must raid the traditional portfolio, where the only liquidity exists. Over While tax savings is often a major time, if not carefully monitored, the force behind the establishment of investment mix becomes more heavily a private foundation, once up and weighted toward the non-traditional, running, they can be overlooked. less liquid investments. If a financial Currently, there is a 2% maximum crisis strikes before corrective excise tax on the net investment measures are taken, the foundation income (including capital gains) may find itself in a liquidity bind of private tax-exempt foundations. However, the rate was historically and be forced to sell illiquid assets at higher. The Tax Reform Act of 1969 drastically reduced values. This was first imposed this tax at a rate of 4%. the experience of many who followed Given that the IRS now claims that the endowment model during the the tax does not raise enough revenue financial crisis of 2008. Because of to cover audit and compliance costs, this experience, many will likely adjust Congress could decide to raise the that model to make more room for rate in the future. cash or equivalents. -8-
  • 9. Regardless of the rate, foundations Case Study: Matching Investment Strategy to Mission can reduce the impact of this tax by Mike and Linda Smith set up a $100 million, Texas-based family foundation prior to the matching capital gains and losses. partial sale of their business to support local inner-city educational programs. Their goal was to give back to a community that had helped them and their family and make a During the financial crisis of 2008, difference in the lives of those less fortunate than themselves. most foundations saw the value of their assets decline. Many then The Smiths worked with their advisors to set up a structure that would handle realized those losses in 2009 as administrative tasks, grant making and investment management for the foundation. Their investment strategy was built on traditional asset allocation concepts and the they made distributions or adjusted Endowment Model popularized by major universities like Yale and Harvard. Anxious their investment strategies. Unlike to make an immediate impact, they quickly made several very large grants and easily individuals, however, they could exceeded the 5% annual payout rate used by many private foundations. not carry the losses forward to offset gains in future years. If a foundation With the financial crisis of 2008, the foundation’s assets declined substantially at the same time that the needs of organizations it served grew dramatically. This strain caused recognizes $50 million in gains in significant concern for the Smiths and their advisors. In February of 2009, their primary the year following a loss, it pays the investment advisor was asked to update an analysis of spending policy that been 2% tax on those gains (or $100,000). completed shortly before the crisis. If the foundation claims the $50 The original analysis had yielded the following conclusions: million gain and the $50 million loss in the same year, it would eliminate • Spend policy, like any planning, requires flexibility. the $100,000 tax. • Spend policy should also relate to the foundation’s time horizon. Staying True to the • This time horizon is a function of the purpose of the foundation and the expected role, Long-Term Mission if any, of future generations. • Asset liquidity should match both horizon and spending policy. Preserving a donor’s intent over time requires accountability systems • A foundation’s “return” on giving, while difficult to measure, must be considered. that help to preserve a foundation’s Upon revisiting the foundation’s spend policy seven months later, these conclusions mission once the donor is no helped improve both the spend policy and the investment strategy. The Smiths and their longer on the scene. Some donors advisors had realized that their original investment strategy had too many moving pieces try to maintain control and avoid to provide the flexibility they required. Multiple advisors, essentially doing the same thing, mission drift by specifying that had not provided additional diversification, just additional complexity – making it difficult family members, long-time business to make changes efficiently. Even rebalancing the foundation’s investment portfolio had associates, attorneys, and other become an overwhelming task. influential members of the local Just as importantly, the Smiths zeroed in on what they wanted their foundation to community serve as trustees. Others accomplish and the role that their children might eventually play. Because this had not define the selection criteria for been clear at the beginning, the foundation had, by default, ended up with an asset naming trustees in the future. But allocation designed for a long-term horizon that included many illiquid investments. most donors rarely foresee how the As other foundations that follow the endowment model had found, a lack of liquidity tension between time and mission can be a serious problem during a financial crisis. will play out. Examples of mission conflicts after a donor dies are legendary and numerous. One of the most high- profile disputes has pitted the friends and associates of Milton Hershey against each other in a struggle for control of the chocolate magnate’s philanthropic legacy. -9-
  • 10. In the Pennsylvania town bearing his created a major division within the name, Milton Hershey endowed a community. Some argued that the school for orphans. Today, the school creation of a research institute, far serves 1,500 students, mostly from from allowing the school to help single-parent families – not orphans. more children, abandoned the real The school’s endowment, now at values and commitments of the more than $5 billion, is greater than Hershey family. The battle led to all but a small number of private court cases and ultimately went to universities in the country. With the Pennsylvania Supreme Court about 650 full-time employees, the in 2003. The Court decided to let school spends more than $60,000 the state attorney’s office mediate per student each year. It is located on between the embittered sides. The a plush campus with a new library, dispute has quieted down for the arts center, swimming pools, and moment as both sides are focused on the latest technology. Given these celebrating the school’s centennial. substantial expenditures, some Choosing between current giving alumni and community members and the slow disbursal of funds in believed the school should expand its perpetuity is ultimately a personal mission rather than spending lavishly choice for donors that has profound on new facilities. implications for the organizations The school’s leadership created and individuals that benefit from significant controversy in 1999, their gifts. One thing is certain, however, when it proposed a foray however: treating time as something into research and training related complex and contingent – rather to educating needy children. To than simply accepting perpetuity as make this important shift in the default – is critical to fulfilling priorities, the school took the philanthropy’s goal. unusual step of going to probate Conclusion court to seek permission to divert $25 million to the construction of It is up to donors and their advisors a Catherine Hershey Institute for to shift the focus from the tax Learning and Development and benefits to the larger question of use additional funds to support its missions. Once mission is defined, future operating budget. appropriate spend policies that correspond with those missions and The school’s board had to show investment strategies will follow. that it was unable to use the funds By putting “mission” in the driver’s left to the school efficiently and seat, donors may have a better shot that the modification sought was in at getting to where they want to go keeping with the general charitable with their philanthropic efforts. intent of the Hershey’s. The move - 10 -
  • 11. ABOUT THE AUTHORS: Peter Frumkin is a professor of public affairs and director of the RGK Center for Philanthropy and Community Service at the Lyndon B. Johnson School of Public Affairs, University of Texas at Austin. His research and teaching focus on social entrepreneurship and philanthropy. Frumkin is the author of numerous articles on all aspects of philanthropy, and has lectured on philanthropy at meetings of grant makers across the country. You can contact Peter at 512-232-7062. Christopher G. Didier is a managing director of the Baird Family Wealth Group. He holds an MBA from the University of Chicago and is a CFA Charterholder. Chris was named to Worth magazine’s “Top 100 Wealth Advisors” in 2007. David A. Klenke is a vice president with the Baird Family Wealth Group. He holds an undergraduate degree from the University of Wisconsin-Madison and is a CFA Charterholder, a CPA, and a CFP® professional. The Baird Family Wealth Group is a multi-family office committed to providing customized and comprehensive wealth management services to business owners or executives with at least $25 million in investable assets. Baird Family Wealth Group has offices in Milwaukee, Wis., and Dallas, Texas. You can contact Chris at 414-765-7095 or Dave at 414-298-7434. The opinions in this article are those of the writers and not Robert W. Baird & Co. Robert W. Baird & Co. does not provide tax or legal advice. Certified Financial Planner Board of Standards Inc. owns the certification marks CFP®, CERTIFIED FINANCIAL PLANNER™ and federally registered in the U.S., which it awards to individuals who successfully complete CFP Board’s initial and ongoing certification requirement. - 11 - © 2010 Robert W. Baird & Co. Incorporated. baird.com 800-RW-BAIRD First use: 9/10. MC-30835.