Are you looking for ways to build the capacity of your grantees to achieve policy change and leverage your funds for maximum impact? Do you worry about whether your grantees will be able to attract other funders? Do you work for a funder that has been nervous about funding projects that involve lobbying or grassroots advocacy? If the answer to any of these questions, is yes, then this webinar is for you.
In this session, we will challenge traditional notions of legal support for grantees. Grantees should be using foundation funds to advance advocacy that leads to legislation – it’s crucial to achieving policy change. And grantees need to know how to leverage foundation funds strategically, to maximize their impact, without crossing the line into lobbying. Learn how giving grantees on-going access to legal counsel can be a game-changer through the real-life experiences of program staff and the lawyers who support them.
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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
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
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