An overview of state and federal laws, rules and regulations that govern how boards and staff of community development corporations may influence public policy.
This presentation by Gary Pienaar (www.idasa.org) was given at a Transparency International conference –
Zimbabwe workshop on Political Finance in the SADC Region - the South African Experience.
August 2009
See more at www.idasa.org
Nigerian Companies and the Prohibition on Political Donations: A Paradigmatic...IJAEMSJORNAL
Democratic rule is generally acclaimed as a better form of governance, but its operation does not appear to come cheap. This is especially so in Nigeria where new democratic dispensations are heralded by expensive electioneering campaigns. The funds for these campaigns are sourced from willing donors or through subtle coercion. Corporate organizations are easy prey to politicians. This paper is provoked by the frequency and blatancy with which corporate organizations in Nigeria donate to political parties and for political purposes without any sanctions despite the unambiguous prohibition in S.38 (2) of the Companies and Allied Matters Act (CAMA). This exposes the inability of the provision to halt or reduce this practice to the barest minimum and also reveals the unpopularity of the provision. The paper argued that it is not possible to completely extricate organizations from the political dynamics in their host committees and proffered some mitigating factors which will make the provision more acceptable to the people and more respected. The paper discovered normative reasons why the prohibition in S.38 (2) of CAMA is largely ignored.It therefore recommended wide ranging amendments to the provisions so as to enhance compliance, improve its enforcement strategies, reflect present day realities and align it with international best practices.
This presentation by Gary Pienaar (www.idasa.org) was given at a Transparency International conference –
Zimbabwe workshop on Political Finance in the SADC Region - the South African Experience.
August 2009
See more at www.idasa.org
Nigerian Companies and the Prohibition on Political Donations: A Paradigmatic...IJAEMSJORNAL
Democratic rule is generally acclaimed as a better form of governance, but its operation does not appear to come cheap. This is especially so in Nigeria where new democratic dispensations are heralded by expensive electioneering campaigns. The funds for these campaigns are sourced from willing donors or through subtle coercion. Corporate organizations are easy prey to politicians. This paper is provoked by the frequency and blatancy with which corporate organizations in Nigeria donate to political parties and for political purposes without any sanctions despite the unambiguous prohibition in S.38 (2) of the Companies and Allied Matters Act (CAMA). This exposes the inability of the provision to halt or reduce this practice to the barest minimum and also reveals the unpopularity of the provision. The paper argued that it is not possible to completely extricate organizations from the political dynamics in their host committees and proffered some mitigating factors which will make the provision more acceptable to the people and more respected. The paper discovered normative reasons why the prohibition in S.38 (2) of CAMA is largely ignored.It therefore recommended wide ranging amendments to the provisions so as to enhance compliance, improve its enforcement strategies, reflect present day realities and align it with international best practices.
International Municipal Lawyers Association: HOW TO FIGHT CORRUPTION? U.S. EX...Kateryna Korobovtseva
How do municipal governments in the USA minimize corruption, increase the level of confidence, promote transparency and increase public access to government? How transparency of local government has been achieved historically?
The Congressional Budget Act of 1974 requires CBO to prepare cost estimates for legislation at certain points in the legislative process. CBO is also required to provide the Congress with annual reports on projected spending, revenues, and deficits under current law. This presentation highlights how CBO uses information from other agencies to prepare those cost estimates and baseline projections.
Recent Trends in Regulatory Actions Impacting Banks and Financial InstitutionsWinston & Strawn LLP
This presentation addresses recent trends in regulatory actions impacting banks and financial institutions. It focuses on how attendees can minimize their impact on their respective organizations as a lawyer, leader of a line of business, member of the Board of Directors, or a risk management, compliance, finance, and internal audit professional.
The presentation also addresses trends in formal enforcement actions, observations related to recent regulatory agency matters, and noteworthy recent public enforcement matters. It includes lessons learned in preventing matters requiring attention from turning into formal actions and best practices in conducting lookback reviews.
More information, including an audio recording, is available here: https://www.winston.com/en/thought-leadership/recent-trends-in-regulatory-actions-impacting-banks-and-financial-institutions.html.
CDFIs Stepping Into the Breach: An Impact Evaluation Summary Reportnc_initiative
This report summarizes research undertaken by the Carsey School of Public Policy to evaluate impacts of the Community Development Financial Institutions (CDFI) Fund on CDFIs and of the CDFI industry on the people and communities it serves.
Introduction to Risk and Efficiency among CDFIs: A Statistical Evaluation usi...nc_initiative
This introductory essay provides general background information on the institutional differences between regulated CDFIs and mainstream financial institutions.
David Heinen, director of public policy and advocacy, N.C. Center for Nonprofits
In a March 25 webinar, David Heinen shared information about the variety of ways that a nonprofit organization can be an advocate. The webinar highlighted the types of advocacy that are permissible and impermissible for 501(c)(3) nonprofits and what an organization stands to lose if it doesn't speak up for its cause and its community.
International Municipal Lawyers Association: HOW TO FIGHT CORRUPTION? U.S. EX...Kateryna Korobovtseva
How do municipal governments in the USA minimize corruption, increase the level of confidence, promote transparency and increase public access to government? How transparency of local government has been achieved historically?
The Congressional Budget Act of 1974 requires CBO to prepare cost estimates for legislation at certain points in the legislative process. CBO is also required to provide the Congress with annual reports on projected spending, revenues, and deficits under current law. This presentation highlights how CBO uses information from other agencies to prepare those cost estimates and baseline projections.
Recent Trends in Regulatory Actions Impacting Banks and Financial InstitutionsWinston & Strawn LLP
This presentation addresses recent trends in regulatory actions impacting banks and financial institutions. It focuses on how attendees can minimize their impact on their respective organizations as a lawyer, leader of a line of business, member of the Board of Directors, or a risk management, compliance, finance, and internal audit professional.
The presentation also addresses trends in formal enforcement actions, observations related to recent regulatory agency matters, and noteworthy recent public enforcement matters. It includes lessons learned in preventing matters requiring attention from turning into formal actions and best practices in conducting lookback reviews.
More information, including an audio recording, is available here: https://www.winston.com/en/thought-leadership/recent-trends-in-regulatory-actions-impacting-banks-and-financial-institutions.html.
CDFIs Stepping Into the Breach: An Impact Evaluation Summary Reportnc_initiative
This report summarizes research undertaken by the Carsey School of Public Policy to evaluate impacts of the Community Development Financial Institutions (CDFI) Fund on CDFIs and of the CDFI industry on the people and communities it serves.
Introduction to Risk and Efficiency among CDFIs: A Statistical Evaluation usi...nc_initiative
This introductory essay provides general background information on the institutional differences between regulated CDFIs and mainstream financial institutions.
David Heinen, director of public policy and advocacy, N.C. Center for Nonprofits
In a March 25 webinar, David Heinen shared information about the variety of ways that a nonprofit organization can be an advocate. The webinar highlighted the types of advocacy that are permissible and impermissible for 501(c)(3) nonprofits and what an organization stands to lose if it doesn't speak up for its cause and its community.
Respond to each peer initial post and question at the end with a resmickietanger
Respond to each peer initial post and question at the end with a response about 3-4 sentences long.
Peer 1
Voluntary organizations funded by public contributions have existed since the seventeenth century; however, didn’t become a unified sector until the 1970s (Renz, 2016, pg. 7). Because non-profits are diverse and complex it can be difficult to define and make inclusive to one definition. It can refer to charitable tax-exempt organizations, civic organizations that do not allow the deductibility of donations, and unincorporated organizations (Renz, 2016, pg. 3).
The non-profit sector covers a broad spectrum of public services such as hospitals, foundations, charities, religious institutions, and disaster relief organizations. Acknowledging the importance of non-profits is easy as these organizations attempt to address the issues of millions of people whether it be donations, programs, or services. Although tax exempt, government policies play a crucial role in the growing number of nonprofit organizations either indirectly by providing incentives or directly through grants and contracts (Renz, 2016, pg. 17). Non-profits don’t exist to make a profit but to use excess resources to meet needs that the government alone cannot fulfill. These organizations are not prohibited from earning revenue as long as the profit-making activities are related to the recognized program purpose.
The three main sectors private, non-profit, and the government share several similarities and key differences. One of the main differences is how their resources are handled. A non-profit organizations’ money is legally required to support its mission while private entities are able to distribute their resources to shareholders. Government agencies redirect their surplus resources back into government initiatives. Political shifts also highlight additional differences. As the political power changes so do the priorities in governmental agencies and the availability of public sector programs (The role of non-profits vs government and for profit sectors, 2015). Political shifts can garner more support and funding for non-profits but because the organizations secure funding from outside sources, programs can continue indefinitely as long as resources are available without any effect of a political change.
Non-profits are typically restricted with their work inside of the community as long as its business and mission related. Most restrictions imposed on non-profits are administered through state and federal government agencies through tax compliance, incorporation rules, and political participation.
Peer 2
What is the nonprofit sector? A nonprofit sector is an organization that provides a service(s) that is not conducted for the purpose of making a profit. The organization is sustained by donations, sales of goods and services, or by revenue from the government (Wolfe). The United States has three sectors government, private, and nonprofit. The private nonp ...
Tracking legislation enables organizations to limit their
exposure to such costs. With early notification of
emerging measures, organizations can have an impact
on the legislative process well before those measures
become law and related rules are adopted.
Fundraising from America: Setting up a US Non-profitAdam Davidson
New and updated for 2015.
Most American individuals, foundations & companies will only support charitable organizations outside the USA by making gifts and grants to a US non-profit known as a 501(c)(3). Setting up a 501(c)(3) is not a painful process but it is subject to a number of corporate and tax laws and regulations. We will be asking whether American fundraising is right for your organization whilst covering all the tax & legal issues involved through the setting up process.
Note: This information was not intended to be legal advice. It is advised that you consult your own legal expert in regard to your specific situation.
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Chapter 13:The Bureaucracy
ADA Text Version
Learning Objectives
1. Describe the formal organization of the federal bureaucracy.
2. Classify the vital functions performed by the bureaucracy.
3. Explain the present Civil Service system and contrast it with the 19th century spoils system.
4. Identify the various factors contributing to bureaucracy's growth over time.
5. Compare the means by which Congress and the president attempt to maintain control over the bureaucracy.
6. Analyze and evaluate the problems that bureaucratic organization poses for American democracy.
Introduction
The very word "bureaucracy" often carries negative connotations. To refer to an institution as a "bureaucracy" or characterize it as "bureaucratic" is usually intended as an insult. But the national bureaucracy, sometimes called the "fourth branch of government", is responsible for practically all of the day-to-day work of governing the country. While bureaucracy in the United States, consistent with our tradition of more limited government, is smaller than its counterparts in other longstanding democracies, its influence extends to almost every corner of American society. From delivery of the mail to regulation of the stock market to national defense, federal employees plan, regulate, adjudicate, enforce, and implement federal law. Despite recurrent calls to "shrink" the size of government, the federal bureaucracy remains the largest single employer in the United States. This lesson examines the bureaucracy's formal organization, its critical role in the American economy and society, and its perceived weaknesses.
Study Questions
1. How did sociologist Max Weber define bureaucracy?
2. Identify the various functions federal bureaucracies perform giving at least one example each:
a. Implementation
b. Regulation
c. Adjudication
d. Enforcement
e. Policy-making
3. How many people does the federal government employ? For what percentage of GDP does federal spending account? How does this compare to other economically advanced democracies?
4. Classify and distinguish the major types of bureaucracy in the federal government:
a. Cabinet Departments
b. Independent Agencies
c. Independent Regulatory Commissions
d. Government Corporations
5. How does the federal bureaucracy select and recruit personnel? Contrast the present civil service system with the spoils system. What advantages does the present system provide?
6. What factors explain the growth of bureaucracy over time despite recurrent calls for limiting the size of government?
7. Identify those factors in the budget process making it difficult to cut bureaucratic funding.
8. Describe the way Congress authorizes funding for the federal bureaucracy.
9. How does Congress attempt to control the federal bureaucracy?
10. How does the president attempt to control the federal bureaucracy?
11. What special problems does bureaucratic independence present in a democracy? Discuss with re.
Policy Implementationvibert jacobComment by William Lester.docxharrisonhoward80223
Policy Implementation
vibert jacob Comment by William Lester: Vibert Jacob
William Lester
Description of the program
Local agencies that need to be involved in the program Comment by William Lester: What program? You have not told me what the program is.
Georgia State Congress
The Congress of State of Georgia is one of the most important agencies that come in handy in the formulation of different social and political policies (Akbulut-Bailey, 2011). The Congress has a library that houses millions of print media. With the digital collection of the manuscripts, government documents and an array of books, it is easy to get the relevant information that is needed for the implementation of the program. Comment by William Lester: There is no Congress of the State of Georgia. Do you mean the Georgia State Legislature?
Georgia Supreme Court
Although the Georgia Supreme Court may be directly or indirectly involved in the local implementation of the program, it is important to note that its presence cannot be ignored. For a number of years, the court has decided a number of legal cases that have had far-reaching ramifications; both legal and social (Akbulut-Bailey, 2011). It is therefore, prudent that necessary information is assessed in the implementation process.
Local administrators
There are a number of public administrators within the state of Georgia. Most of these public servants are entrusted with the role of public agency management. This means that before implementation of any public or private policy programs within the city, they have to be involved.
Population
It is paramount to understand the demographics of Georgia State before undertaking the implementation of the policy program at hand. It is one of the most populous states in the US with an estimated population of ten million people (as per the 2015 census) (Annual Estimates of the Resident Population, 2015). Given that the state has one of the largest number of illegal immigrants, it is therefore important that the program implementation takes this into account. Comment by William Lester: Comment by William Lester: the State of Georgia
Community involved
In terms of racial composition, the whites accounts for around 60% of the total population. Blacks account for around 35% while the Asians account for 5% with the rest of composition being taken by the natives (Annual Estimates of the Resident Population, 2015). With the whites being the majority, then the program implementation ought to be tailored towards that. Comment by William Lester: What is the program?
Program goals
The goal of this program was to understand the complexities that surround the involvement of state in policy implementation. While the implementation at a local level has involved a number local agents, understanding how state agencies affect the process is vital especially for radar screen of state legislatures. Comment by William Lester: You cannot have a program goal for an undefine.
Donate to charity during this holiday seasonSERUDS INDIA
For people who have money and are philanthropic, there are infinite opportunities to gift a needy person or child a Merry Christmas. Even if you are living on a shoestring budget, you will be surprised at how much you can do.
Donate Us
https://serudsindia.org/how-to-donate-to-charity-during-this-holiday-season/
#charityforchildren, #donateforchildren, #donateclothesforchildren, #donatebooksforchildren, #donatetoysforchildren, #sponsorforchildren, #sponsorclothesforchildren, #sponsorbooksforchildren, #sponsortoysforchildren, #seruds, #kurnool
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Preliminary findings _OECD field visits to ten regions in the TSI EU mining r...OECDregions
Preliminary findings from OECD field visits for the project: Enhancing EU Mining Regional Ecosystems to Support the Green Transition and Secure Mineral Raw Materials Supply.
This session provides a comprehensive overview of the latest updates to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly known as the Uniform Guidance) outlined in the 2 CFR 200.
With a focus on the 2024 revisions issued by the Office of Management and Budget (OMB), participants will gain insight into the key changes affecting federal grant recipients. The session will delve into critical regulatory updates, providing attendees with the knowledge and tools necessary to navigate and comply with the evolving landscape of federal grant management.
Learning Objectives:
- Understand the rationale behind the 2024 updates to the Uniform Guidance outlined in 2 CFR 200, and their implications for federal grant recipients.
- Identify the key changes and revisions introduced by the Office of Management and Budget (OMB) in the 2024 edition of 2 CFR 200.
- Gain proficiency in applying the updated regulations to ensure compliance with federal grant requirements and avoid potential audit findings.
- Develop strategies for effectively implementing the new guidelines within the grant management processes of their respective organizations, fostering efficiency and accountability in federal grant administration.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Monitoring Health for the SDGs - Global Health Statistics 2024 - WHOChristina Parmionova
The 2024 World Health Statistics edition reviews more than 50 health-related indicators from the Sustainable Development Goals and WHO’s Thirteenth General Programme of Work. It also highlights the findings from the Global health estimates 2021, notably the impact of the COVID-19 pandemic on life expectancy and healthy life expectancy.
Monitoring Health for the SDGs - Global Health Statistics 2024 - WHO
CDCs and Advocacy
1. CDCs AND ADVOCACY
May 15, 2010
Increasingly, the Boards and staff of community development corporations (CDCs) want to
influence public policy. This advocacy can involve anything from pressing the North Carolina
General Assembly to increase financial support for CDCs through the state budget to working
with the state’s Department of Corrections to develop more effective reentry programs for people
being released from incarceration. In whatever public policy advocacy they do, it is important
that CDCs remember at least four key points:
CDCs can and should engage in public policy advocacy—as community-based
organizations, CDCs are uniquely positioned to make sure that all voices are
heard in the process.
Public policy advocacy may require special tracking and reporting to the IRS—as
501(c)(3) organizations, CDCs can engage in advocacy, but lobbying is subject to
special rules that you need to be aware of and comply with.
Public policy advocacy may require registering with, and reporting to, the NC
Secretary of State—under North Carolina law, lobbyists need to be registered
with the state.
Not all public policy advocacy is lobbying and the definition of lobbying is
different under state and federal law—the law governing advocacy by nonprofits
is complex and your CDC may need to consult with an attorney. This document is
intended to give you an overview and may answer many common questions.
As a 501(c)(3), what do you need to know about lobbying?
Under federal law, nonprofits can engage broadly in public policy activity, but “direct lobbying”
and “grassroots lobbying” are regulated. Direct lobbying involves a communication with a
legislator or the legislator’s staff about specific legislation, including budget and tax matters.
Grassroots lobbying involves a communication with the public that expresses a view on
legislation and includes a request that the public take action on the legislation. In other words,
the federal rules on lobbying focus on regulating activities designed to influence specific bills in
the context of the legislative process.
Example 1: Your Executive Director contacts your state Senator to urge her to support
additional funding for a bill involving the state’s Housing Trust Fund. This is lobbying
2. 2
under federal law because it is a communication with a legislator about specific legislation.
Example 2: Your Executive Director contacts the Division of Community Assistance to
support your municipality’s application for project funding under the Small Cities CDBG
Program. This is not lobbying because the communication is with an administrative agency
and is not about legislation.
CDCs, like all 501(c)(3) organizations, can engage in some lobbying without putting their tax-
exempt status at risk. The amount of lobbying you can do depends on whether your organization
has made the 501(h) election. If you have, then depending on the size of your CDC you can
spend up to 20% of your budget on lobbying. If you haven’t made the 501(h) election, your
organization can lobby freely so long as it is an insubstantial part of your overall activities.
Because there is no bright line that you can use to determine how much lobbying is “too
much” under the insubstantial part test, if your CDC expects to engage regularly in
lobbying, you should strongly consider making the 501(h) election. So long as you track your
lobbying expenses carefully and report them to the IRS as required, your CDC should not face
any issues under federal law as a result of your lobbying activities.
When do I need to register as a lobbyist under North Carolina law?
Lobbyists and principals need to register with the North Carolina Secretary of State under certain
conditions. They must also file reports on their activities. First, the activity in question must
constitute lobbying. The definition of lobbying under NC law includes any attempt to influence
either legislative or executive action through direct communication with a legislator, legislative
staff or any civil servant. It also includes developing goodwill with any person in these
categories if done for the purpose of influencing legislative or executive action in the future.
Second, there must be sufficient lobbying activity to trigger the registration requirement. An
employee of a CDC will have to register as a lobbyist if they spend more than 5% of their time
lobbying in any 30-day period, including the time they spend preparing to lobby. If your CDC
hires a contract lobbyist, that contractor will have to register regardless of how much time they
spend lobbying on your behalf. If your CDC has any employees that need to register as lobbyists
or if you hire a contract lobbyist, then your CDC will need to register as a principal with the NC
Secretary of State.
Thus, the state law requirements related to lobbying are different from the federal tax laws
regulating the lobbying activities of nonprofits. Some of the key differences include:
NC law defines lobbying to include executive, as well as legislative activity.
The NC rules only apply to state-level lobbying, not to federal or local advocacy.
The NC rules cover developing goodwill in addition to efforts to influence
decision-making.
Encouraging others to take action, i.e., grassroots advocacy, is lobbying under
federal law, but not under state law.
These differences can lead to very different results under state and federal law.
3. 3
Example 1: Your Executive Director spends 15% of her time over a two-month period
advocating with your county commissioners to get approval for the County to apply for
funding of one of the CDC’s projects through the Small Cities CDBG Program. This is not
lobbying under state law because the communication is directed to local government. It
would, however, likely be lobbying under the federal law governing tax-exempt
organizations.
Example 2: Your Executive Director spends 2% of her time over a two-month period
advocating with the Division of Community Assistance to approve your municipality’s
application for project funding under the Small Cities CDBG Program. While this activity
is lobbying under state law, it does not trigger any registration or reporting requirements,
because the Executive Director only spent 2% of her time on the activity. If she had spent
more than 5% of her time on this activity in any 30-day period, then registration and
reporting would be required. Note that no matter how much time the Executive Director
spent on this activity, it will not be classified as lobbying under the federal law governing
tax exempt organizations because the Executive Director’s communications are directed to
an administrative agency and are not about legislation.
Conclusion
CDCs have an important role to play in public policy advocacy. By engaging at the local, state
and federal levels in the development of policy and programs and in decisions about how public
resources will be allocated, CDCs give voice to the needs of their constituents. The Initiative
encourages all CDCs to participate in the process to the greatest extent possible. At the same
time, we want all CDCs to know the state and federal laws, rules and regulations that apply to
this work so that you can be sure to comply.
We hope that this brief overview provides you with a basic understanding of some of the key
rules. At the same time, we know this is a complex area, so if you have any questions about the
legal effect of a proposed activity, please contact the Initiative or an attorney knowledgeable
about this area.