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ADVOCACY IN GRANTMAKING
WORKING TOGETHER FOR IMPACT
EPIP Webinar
November 9, 2016
EPIP Host: Biz Ghormley
Presenters:
Kristen Gurdin, Jasmine Hall Ratliff, Allen Mattison
2
Emerging Practitioners in
Philanthropy (EPIP) is a
national network of
foundation professionals,
social entrepreneurs and
other change makers who
strive for excellence in the
practice of philanthropy.
3
We provide a platform
for our community to:
Connect
with others
Learn &
practice
leadership skills
Inspire
emerging ideas in
the social sector
Get in touch!
Please reach out with any questions or to
learn more about membership!
Biz Ghormley
biz@epip.org
Director of Operations & Member Services
What’s Next?
• Next EPIP Webinar!
• Design Thinking with frog Design – November
16 at **11am ET** - Special time!
• All Events
• epip.org/events
Housekeeping
•  Use the question box for
•  Technical difficulties
•  Comments
•  Content questions for Q&A
•  Polls and questions are anonymous
•  Use #EPIPwebinar to join the conversation on social media
•  This webinar will be recorded
•  Complete the post-webinar survey, please!
Poll
Where do you work?
Speakers
Kristen Gurdin, Senior Counsel, Robert Wood Johnson Foundation
Jasmine Hall Ratliff, Program Officer, Robert Wood Johnson Foundation
Allen Mattison, Partner, Trister, Ross, Schadler & Gold, PLCC
Advocacy in Grantmaking –
working together for impact
November 2016
Kristen M. Gurdin, Senior Counsel, Robert Wood Johnson
Foundation
Jasmine N. Hall Ratliff, Program Officer, Robert Wood Johnson
Foundation
Allen H. Mattison, Partner, Trister, Ross, Schadler & Gold, PLLC
Prologue: A Tale of Two Proposals
■  Who should care about legal TA?
■  What is legal TA? What does legal TA look like?
■  What can legal TA do?
Overview : Legal TA as a Tool
4
Moving Beyond “No” to “What if…”
5
Educated Grantees Maximize
Non-lobbying Funds
Issue Education Lobbying
501(h)
Percentage
501(c)(3)
6
Direct Lobbying
A communication (or the planning of a communication) that:
•  Is made directly to legislator, legislative staff, or executive
branch official involved in formulating legislation
•  Refers to specific pending or proposed legislation
•  Reflects a view on that legislation
7
Grassroots Lobbying
A public communication (or the planning of such
communication) that:
•  Refers to specific pending or proposed legislation
•  Reflects on view on that legislation
•  Includes a call to action
•  Urges contact with a legislator or provides contact information or a means to
communicate with a legislator
•  Identifies a legislator as the audience’s representative, serving on the
committee that will vote on the legislation, or being opposed or undecided with
respect to the legislation
8
Defining “Legal TA”
§  Funds provided directly to grantees to obtain outside legal
advice for training, strategic planning and quick feedback
on specific questions
§  Grantee-hired lawyers mean that grantees have attorney-
client privilege
§  List of recommended lawyers means if lawyer calls
foundation counsel to discuss an issue, the foundation
attorney won’t know which grantee generated the question
§  Lawyers can identify foundation trends and needs among a
pool of grantees
§  Representation to multiple grantees facing the same issues
is cost effective
9
What does Legal TA look like?
3% Grant
Budget
•  One-time investment or an on-going investment to support capacity
•  Needs may decrease over time, once appropriate trainings/structures are in place
List of
Approved
Lawyers
•  Small list that focuses on expertise and cultural fit
•  Use list for multiple grantees/programs
•  Encourage grantees to build a relationship
Approved
Expenses
•  Trainings and customized materials
•  Use existing in person meetings
•  Use webinars to provide just-in time information
•  Up-front strategy counsel
•  On-going legal support
Program Effectiveness Grantee Capacity
10
•  Knowing the lines between lobbying
and non-lobbying empowers
grantees to use restricted funds
strategically for advocacy – saving
scarce lobbying dollars for when
they have greatest impact
•  Enables foundations to fund the
grantees who can best do the work,
including those representing the
most vulnerable groups
•  Enables foundations to support
efforts to change policy, with
confidence funds will be used
properly (i.e., lawyers will OK your
proposals)
•  Leaves grantees stronger than we
found them; grantees become more
skilled at leading dynamic, creative,
effective campaigns
•  Provides grantees with cost-
effective, consistent and time-
sensitive support
•  Gives grantees a future fundraising
edge; future grantors will see
grantee as safer and more effective
than other applicants
Benefits of Legal TA
11
Effective &
Safe
More policy
wins
More $ for
policy
change
Benefits of Legal TA
12
Grantees’ Legal TA Strategic Advantages
■  Apply lobbying rules to take advantage of what isn’t covered
■  Build long-term advocacy power with non-lobbying funds
■  Support legislative battles with non-lobbying funds, where allowable
■  Leverage exceptions in IRS rules
13
Grantees’ Legal TA Strategic Advantages
Build long-term advocacy power with non-lobbying funds
14
Grantees’ Legal TA Strategic Advantages
Support legislative battles with non-lobbying funds
15
Grantees’ Legal TA Strategic Advantages
Support legislative battles with non-lobbying funds
ü 2.5 million plus
Alabamians reached
through earned & paid
media
ü 44 earned media
placements through op-
eds, press events, LTEs
ü 3 front page stories
ü 3 paid social media
campaigns
ü 8 live broadcast
appearances
16
Grantees’ Legal TA Strategic Advantages
Leverage exceptions in IRS rules
17
Putting Legal TA to the Test
■  $75,000 Safe Streets Lobbying Campaign
•  $10,000 printing – fact sheets & other materials
•  $25,000 advertising
•  Radio and print ads targeting priority populations
•  Bus ads; bus shelters; billboards
•  $5,000 online – social media, website, online ads
•  $5,000 lobby day – t-shirts, outreach, training volunteers, food
•  $25,000 staff organizer
•  $5,000 contract lobbyist
■  $0 Safe Streets Non-Lobbying Advocacy
18
Putting Legal TA to the Test
19
Putting Legal TA to the Test
■  $65,000 Safe Streets Lobbying Campaign
•  $25,000 advertising
•  Radio and print ads targeting priority populations
•  Bus ads; bus shelters; billboards
•  $5,000 online – social media, website, online ads
•  $5,000 lobby day – t-shirts, outreach, training volunteers, food
•  $25,000 staff organizer
•  $5,000 contract lobbyist
■  $10,000 Safe Streets Non-Lobbying Advocacy
•  $10,000 printing – fact sheets & other materials
20
Grantees’ Legal TA Strategic Advantages
21
Grantees’ Legal TA Strategic Advantages
■  $45,000 Safe Streets Lobbying Campaign
•  $5,000 advertising
•  Bus shelters; online ads
•  $5,000 online – social media, website, online ads
•  $5,000 lobby day – t-shirts, outreach, training volunteers, food
•  $25,000 staff organizer
•  $5,000 contract lobbyist
■  $30,000 Safe Streets Non-Lobbying Advocacy
•  $10,000 printing – fact sheets & other materials
•  $20,000 advertising
•  Radio ads, bus ads, billboards
22
Grantees’ Legal TA Strategic Advantages
■  Non-Lobbying Tweet:
■  Lobbying Tweet
■  $42,500 Safe Streets Lobbying Campaign
•  $5,000 advertising
•  Bus shelters; online ads
•  $2,500 online – social media, grassroots lobbying emails
•  $5,000 lobby day – t-shirts, outreach, training volunteers, food
•  $25,000 staff organizer
•  $5,000 contract lobbyist
■  $32,500 Safe Streets Non-Lobbying Advocacy
•  $10,000 printing – fact sheets & other materials
•  $20,000 advertising
•  Radio ads, bus ads, billboards
•  $2,500 online – website, social media
23
Grantees’ Legal TA Strategic Advantages
■  $27,500 Safe Streets Lobbying Campaign
•  $5,000 advertising – bus shelters; online ads
•  $2,500 online – social media, grassroots lobbying emails
•  $5,000 lobby day – t-shirts, outreach, training volunteers, food
•  $10,000 staff organizer
•  $5,000 contract lobbyist
■  $47,500 Safe Streets Non-Lobbying Advocacy
•  $10,000 printing – fact sheets & other materials
•  $20,000 advertising – radio ads, bus ads, billboards
•  $2,500 online – website, social media
•  $15,000 staff organizer
24
Grantees’ Legal TA Strategic Advantages
25
Conclusion: Legal TA is a strategy tool
Program
Officers
Compliance
Staff
Grantees
WIN! WIN! WIN!
Strategic Action + Stronger Organizations = Lasting Social Change
Questions?

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Webinar - Advocacy in Grantmaking - working together for impact

  • 1. ADVOCACY IN GRANTMAKING WORKING TOGETHER FOR IMPACT EPIP Webinar November 9, 2016 EPIP Host: Biz Ghormley Presenters: Kristen Gurdin, Jasmine Hall Ratliff, Allen Mattison
  • 2. 2 Emerging Practitioners in Philanthropy (EPIP) is a national network of foundation professionals, social entrepreneurs and other change makers who strive for excellence in the practice of philanthropy.
  • 3. 3 We provide a platform for our community to: Connect with others Learn & practice leadership skills Inspire emerging ideas in the social sector
  • 4. Get in touch! Please reach out with any questions or to learn more about membership! Biz Ghormley biz@epip.org Director of Operations & Member Services
  • 5. What’s Next? • Next EPIP Webinar! • Design Thinking with frog Design – November 16 at **11am ET** - Special time! • All Events • epip.org/events
  • 6. Housekeeping •  Use the question box for •  Technical difficulties •  Comments •  Content questions for Q&A •  Polls and questions are anonymous •  Use #EPIPwebinar to join the conversation on social media •  This webinar will be recorded •  Complete the post-webinar survey, please!
  • 8. Speakers Kristen Gurdin, Senior Counsel, Robert Wood Johnson Foundation Jasmine Hall Ratliff, Program Officer, Robert Wood Johnson Foundation Allen Mattison, Partner, Trister, Ross, Schadler & Gold, PLCC
  • 9. Advocacy in Grantmaking – working together for impact November 2016 Kristen M. Gurdin, Senior Counsel, Robert Wood Johnson Foundation Jasmine N. Hall Ratliff, Program Officer, Robert Wood Johnson Foundation Allen H. Mattison, Partner, Trister, Ross, Schadler & Gold, PLLC
  • 10. Prologue: A Tale of Two Proposals
  • 11. ■  Who should care about legal TA? ■  What is legal TA? What does legal TA look like? ■  What can legal TA do? Overview : Legal TA as a Tool
  • 12. 4 Moving Beyond “No” to “What if…”
  • 13. 5 Educated Grantees Maximize Non-lobbying Funds Issue Education Lobbying 501(h) Percentage 501(c)(3)
  • 14. 6 Direct Lobbying A communication (or the planning of a communication) that: •  Is made directly to legislator, legislative staff, or executive branch official involved in formulating legislation •  Refers to specific pending or proposed legislation •  Reflects a view on that legislation
  • 15. 7 Grassroots Lobbying A public communication (or the planning of such communication) that: •  Refers to specific pending or proposed legislation •  Reflects on view on that legislation •  Includes a call to action •  Urges contact with a legislator or provides contact information or a means to communicate with a legislator •  Identifies a legislator as the audience’s representative, serving on the committee that will vote on the legislation, or being opposed or undecided with respect to the legislation
  • 16. 8 Defining “Legal TA” §  Funds provided directly to grantees to obtain outside legal advice for training, strategic planning and quick feedback on specific questions §  Grantee-hired lawyers mean that grantees have attorney- client privilege §  List of recommended lawyers means if lawyer calls foundation counsel to discuss an issue, the foundation attorney won’t know which grantee generated the question §  Lawyers can identify foundation trends and needs among a pool of grantees §  Representation to multiple grantees facing the same issues is cost effective
  • 17. 9 What does Legal TA look like? 3% Grant Budget •  One-time investment or an on-going investment to support capacity •  Needs may decrease over time, once appropriate trainings/structures are in place List of Approved Lawyers •  Small list that focuses on expertise and cultural fit •  Use list for multiple grantees/programs •  Encourage grantees to build a relationship Approved Expenses •  Trainings and customized materials •  Use existing in person meetings •  Use webinars to provide just-in time information •  Up-front strategy counsel •  On-going legal support
  • 18. Program Effectiveness Grantee Capacity 10 •  Knowing the lines between lobbying and non-lobbying empowers grantees to use restricted funds strategically for advocacy – saving scarce lobbying dollars for when they have greatest impact •  Enables foundations to fund the grantees who can best do the work, including those representing the most vulnerable groups •  Enables foundations to support efforts to change policy, with confidence funds will be used properly (i.e., lawyers will OK your proposals) •  Leaves grantees stronger than we found them; grantees become more skilled at leading dynamic, creative, effective campaigns •  Provides grantees with cost- effective, consistent and time- sensitive support •  Gives grantees a future fundraising edge; future grantors will see grantee as safer and more effective than other applicants Benefits of Legal TA
  • 19. 11 Effective & Safe More policy wins More $ for policy change Benefits of Legal TA
  • 20. 12 Grantees’ Legal TA Strategic Advantages ■  Apply lobbying rules to take advantage of what isn’t covered ■  Build long-term advocacy power with non-lobbying funds ■  Support legislative battles with non-lobbying funds, where allowable ■  Leverage exceptions in IRS rules
  • 21. 13 Grantees’ Legal TA Strategic Advantages Build long-term advocacy power with non-lobbying funds
  • 22. 14 Grantees’ Legal TA Strategic Advantages Support legislative battles with non-lobbying funds
  • 23. 15 Grantees’ Legal TA Strategic Advantages Support legislative battles with non-lobbying funds ü 2.5 million plus Alabamians reached through earned & paid media ü 44 earned media placements through op- eds, press events, LTEs ü 3 front page stories ü 3 paid social media campaigns ü 8 live broadcast appearances
  • 24. 16 Grantees’ Legal TA Strategic Advantages Leverage exceptions in IRS rules
  • 25. 17 Putting Legal TA to the Test ■  $75,000 Safe Streets Lobbying Campaign •  $10,000 printing – fact sheets & other materials •  $25,000 advertising •  Radio and print ads targeting priority populations •  Bus ads; bus shelters; billboards •  $5,000 online – social media, website, online ads •  $5,000 lobby day – t-shirts, outreach, training volunteers, food •  $25,000 staff organizer •  $5,000 contract lobbyist ■  $0 Safe Streets Non-Lobbying Advocacy
  • 26. 18 Putting Legal TA to the Test
  • 27. 19 Putting Legal TA to the Test ■  $65,000 Safe Streets Lobbying Campaign •  $25,000 advertising •  Radio and print ads targeting priority populations •  Bus ads; bus shelters; billboards •  $5,000 online – social media, website, online ads •  $5,000 lobby day – t-shirts, outreach, training volunteers, food •  $25,000 staff organizer •  $5,000 contract lobbyist ■  $10,000 Safe Streets Non-Lobbying Advocacy •  $10,000 printing – fact sheets & other materials
  • 28. 20 Grantees’ Legal TA Strategic Advantages
  • 29. 21 Grantees’ Legal TA Strategic Advantages ■  $45,000 Safe Streets Lobbying Campaign •  $5,000 advertising •  Bus shelters; online ads •  $5,000 online – social media, website, online ads •  $5,000 lobby day – t-shirts, outreach, training volunteers, food •  $25,000 staff organizer •  $5,000 contract lobbyist ■  $30,000 Safe Streets Non-Lobbying Advocacy •  $10,000 printing – fact sheets & other materials •  $20,000 advertising •  Radio ads, bus ads, billboards
  • 30. 22 Grantees’ Legal TA Strategic Advantages ■  Non-Lobbying Tweet: ■  Lobbying Tweet
  • 31. ■  $42,500 Safe Streets Lobbying Campaign •  $5,000 advertising •  Bus shelters; online ads •  $2,500 online – social media, grassroots lobbying emails •  $5,000 lobby day – t-shirts, outreach, training volunteers, food •  $25,000 staff organizer •  $5,000 contract lobbyist ■  $32,500 Safe Streets Non-Lobbying Advocacy •  $10,000 printing – fact sheets & other materials •  $20,000 advertising •  Radio ads, bus ads, billboards •  $2,500 online – website, social media 23 Grantees’ Legal TA Strategic Advantages
  • 32. ■  $27,500 Safe Streets Lobbying Campaign •  $5,000 advertising – bus shelters; online ads •  $2,500 online – social media, grassroots lobbying emails •  $5,000 lobby day – t-shirts, outreach, training volunteers, food •  $10,000 staff organizer •  $5,000 contract lobbyist ■  $47,500 Safe Streets Non-Lobbying Advocacy •  $10,000 printing – fact sheets & other materials •  $20,000 advertising – radio ads, bus ads, billboards •  $2,500 online – website, social media •  $15,000 staff organizer 24 Grantees’ Legal TA Strategic Advantages
  • 33. 25 Conclusion: Legal TA is a strategy tool Program Officers Compliance Staff Grantees WIN! WIN! WIN! Strategic Action + Stronger Organizations = Lasting Social Change