New York Nonprofits is the monthly newsletter of the Nonprofit Coordinating Committee of New York, Inc. Select articles are available only to NPCC members. To receive a print edition of New York Nonprofits, join us at www.npccny.org/howto.htm.


August 2015, Volume 32, No. 8
Sharon Stapel Named New NPCC President & Executive Director
Nonprofit Excellence Awards Semifinalists Announced
Government Watch: NYS Court of Appeals Decision
Violence Protection Legislation
Proposed DOL’s FLSA Regulations on Overtime Compensation
Form 990 Comments Solicited
NYC Fair Chance Act Signed
OSHA Restroom Access for Transgendered Workers

New NPCC Members
Space Ads
Workshop Calendar

July 2015, Volume 32, No. 7
Pathways To Excellence
New Paychex Account Rep
NYS Contracting Report
Giving USA 2015
JCOPE on Lobbying
Job Applicants’ Credit
DOL on LGBT Protections
When Candidates Speak
Laws & Regulations Affecting Employers (members only)
State Registration Costs Survey
Leading in Community
Overhead Myth Busters
Using Data Webinar
Leadership Westchester
New Executive Consultations
Creative New York
Crain’s/AFP Survey
Pricing Guide


 

Sharon Stapel New NPCC President & Executive Director

The Board of Directors of the Nonprofit Coordinating Committee of New York (NPCC) has selected Sharon Stapel as its new president and executive director, effective October 19, 2015.

In welcoming Ms. Stapel, Ian Benjamin, the chair of the board, said, “We look forward to the enthusiasm, expertise and passion that Sharon brings to the Nonprofit Coordinating Committee, and know that she will build on its firm foundation. Sharon’s success in leading and growing a nationally-recognized nonprofit organization is extraordinary, and will serve as a model for all the nonprofits who are current and future members of the Nonprofit Coordinating Committee.” Karen Pearl and Bobby Watts who co-chaired the search committee added, “After undertaking a thorough search that produced a number of highly qualified candidates, we were delighted that Sharon agreed to bring her vision, leadership and experience in strategic thinking and coalition-building to the Nonprofit Coordinating Committee.”

Ms. Stapel is currently executive director of the New York City Gay and Lesbian Anti-Violence Project (AVP), the nation’s largest LGBTQ and HIV-affected anti-violence program. She was named a White House Champion of Change and was recognized by President Obama for her advocacy work. Prior to joining AVP, Ms. Stapel worked with South Brooklyn Legal Services, the Legal Aid Society, and the Street Law Project of the National Lawyers Guild. Ms. Stapel is a graduate of CUNY School of Law and the University of Massachusetts, Amherst, and has served as an adjunct professor at CUNY School of Law and Hunter College.

Ms. Stapel said, “I’m excited to lead an organization that is vital to the success of New York’s nonprofits. NPCC’s advocacy work and management support services have enabled its member groups - and the entire sector - to thrive. I’m grateful to Michael Clark for his stewardship of this effective organization and I look forward to working with the amazing staff to do even more.”

Ms. Stapel is replacing Michael E. Clark, who has served as president and executive director of NPCC for the past 10 years. Mr. Benjamin thanked Mr. Clark for his years of outstanding service, stating, “Michael Clark has served the New York area nonprofit community extraordinarily well for over 40 years, culminating with the last decade at the helm of NPCC. We are grateful for his service and commitment to our member organizations and the nonprofit sector. Michael is leaving a strong organization, and we wish him well in his next endeavors.” Mr. Clark is stepping down on September 30, 2015 to pursue part-time opportunities that will allow him to continue to contribute his rich experience and deep expertise to the nonprofit sector.

Nonprofit Excellence Awards Semifinalists Announced

NPCC is delighted to announce the semifinalists for the 2015 New York Community Trust Nonprofit Excellence Awards.

America Needs You (Manhattan)
America Needs You fights for economic mobility for ambitious, first-generation college students by providing transformative mentorship and intensive career development.

Bowery Residents’ Committee – BRC (Manhattan)
Bowery Residents’ Committee helps people reclaim lives lost by restoring hope and dignity and offering opportunities for health and self-sufficiency.

Cardinal McCloskey Community Services (Westchester)
Cardinal McCloskey Community Services protects, empowers and promotes independence for at-risk children and families and those with developmental disabilities through community based services.

Ghetto Film School (Bronx)
Ghetto Film School educates, develops, and celebrates the next generation of great American storytellers.

Girls Write Now (Manhattan)
Girls Write Now provides guidance, support, and opportunities for at-risk girls from New York City’s public high schools to develop their creative, independent voices, explore careers in professional writing, and learn how to make healthy school, career and life choices.

GO Project (Manhattan)
GO Project helps shape the futures of low-income, underperforming NYC public school children by providing critical academic, social and emotional programs starting in the elementary years.

Groundswell (Brooklyn)
Groundswell brings together youth, artists, and community partners, to make public art that advances social change, for a more just and equitable world.

New York Common Pantry (Manhattan)
New York Common Pantry is dedicated to reducing hunger throughout New York City while promoting dignity and self-sufficiency.

The New York Foundling (Manhattan)
The New York Foundling empowers underserved children and families to live healthy, independent and fulfilling lives.

TNTPformerly The New Teacher Project (Brooklyn)
TNTP’s mission is to end the injustice of educational inequality by providing excellent teachers to the student who need them most and by advancing policies and practices that ensure effective teaching in every classroom.

Six finalists will be announced in October. Three organizations will be honored at a special Awards Presentation in November 2015. Winning organizations receive $60,000 in cash awards, special mention on WNYC, and tuition scholarships for Programs in Social Enterprise in Executive Education at Columbia Business School.  

The Nonprofit Excellence Awards are produced by NPCC, The New York Community Trust, and Philanthropy New York, and are sponsored by WNYC. Now in its ninth year, the Awards program teaches, recognizes and encourages outstanding management practices among New York’s large and diverse nonprofit community.

Read more about the program, including the selection committee members and the guiding document, Eight Key Areas of Nonprofit Excellence, at www.npccny.org/info/awards.htm or at http://npexcellence.fcny.org.

 

Troubling NYS Court of Appeals Decision

In early July, The New York Court of Appeals handed down a troubling decision in the Matter of Greater Jamaica Development Corporation (GJDC) et al. v. New York City Tax Commission, et al., finding that certain parking garages owned and operated by GJDC (a 501(c)(3) corporation), in what it had considered were in furtherance of its mission, were not eligible for real estate tax exemption, and affirmed the revocation of the exemption.

The facts are, in 2001, GJDC took over from the City, at the City’s request, the ownership and operation of what were then poorly run garages, and was granted a real estate tax exemption. In 2011, the City Tax Commission revoked the garages’ exemption, which gave rise to this case. NPCC has been closely following this case since its inception, and has vigorously supported GJDC’s position in meetings with officials as well as the submission of amicus curiae briefs at both the lower and Court of Appeals levels. GJDC prevailed in several lower court decisions.

This Court of Appeals decision is at the least, a very serious blow to the role of economic development organizations as part of the charitable nonprofit sector. NPCC is continuing to review the decision and will keep you apprised of developments.

 

Violence Protection Legislation

At the end of the New York State legislative session, A7721/S5130 was passed, which amends the definition of “employer” in State Labor Law to include a not-for-profit corporation that received at least 50% of its budget through municipal, state or federal government sources, including, but not limited to Medicaid or Medicare, during its preceding fiscal year. The effect of this change is to make applicable to such nonprofits the section of the Labor Law that requires them to make a workplace violence risk review, prepare a written workplace violence policy statement, and develop a prevention program (see http://on.ny.gov/1DWQcIW).

In brief, such nonprofits would have to: (a) evaluate their facility infrastructure to identify, in writing, the risk of occupational assaults and violence; (b) permit employees to register internal complaints of such risks, which, if not corrected, would allow the Commissioner of Labor to inspect and fine continued noncompliance, as well as permit the Commissioner make inspections independently; (c) assure that complaining employees would be protected from adverse employment consequences; and (d) for nonprofits with 20 or more employees, develop a written workplace violence prevention program containing affirmative actions to address any identified risks, post and circulate it to employees, and provide annual training on risks and the prevention program.

The bill has not yet been sent to the Governor, but it is expected he will sign it. If members have comments in favor or in opposition to this bill, they should be sent to the Governor’s office at www.governor.ny.gov/contact.

 

Proposed FLSA Regulations on Overtime Compensation

The U.S. Department of Labor has proposed changes to the Fair Labor Standards Act regulations that address exemptions for overtime compensation of executive, administrative, and professionals—often referred to as white collar exemptions. The proposed regulations expand overtime protections for workers and would more than double the minimum salary level that white-collar employees must be paid (from $23,660 to $50,400) to exempt them from overtime pay. Also proposed is raising the minimum salary level for “highly compensated employees” from $100,000 to over $120,000.

Currently, comments on the proposed regs are due September 4. NPCC, through the National Council of Nonprofits and Independent Sector, is lobbying to allow the comment period to remain open for an additional 60 days. The proposed regulations are at www.dol.gov/whd/overtime/NPRM2015/OT-NPRM.pdf. To submit comments, go to http://1.usa.gov/1Sjy6qZ. The National Council has an analysis at http://bit.ly/1CJK0Zo.

 

 

Form 990 Comments Solicited

The Department of the Treasury is soliciting comments on the IRS Form 990, particularly on Schedule A, which generates special data for organizations filing as public charities or nonexempt charitable trusts, and Schedule B, which identifies certain contributors.

Comments are due September 14 and should speak, in part, to whether the collected information is necessary and useful as well as possible improvements and ways to reduce respondents’ burdens. Go to http://1.usa.gov/1SoM4NB.

 

NYC Fair Chance Act Signed

In late June, Mayor de Blasio signed into law Intro. 318-A, legislation prohibiting discrimination based on a person’s arrest record or criminal conviction when applying for a job. The Fair Chance Act prohibits employers from inquiring about candidates’ criminal records until after they have made a conditional offer of employment, and require them to provide a written copy of the inquiry, analysis, and supporting documentation to applicants. It includes exemptions for public and private employers who are required by law to conduct criminal background checks. The legislation is at http://on.nyc.gov/1fWtBjF.

 

OSHA Restroom Access for Transgendered Workers

The U.S. Department of Labor’s Occupational Safety and Health Administration has released guidance for employers with their suggestions for best practices regarding restroom access for transgender workers at www.osha.gov/Publications/OSHA3795.pdf.

 

- - - July 2015, Volume 32, No. 7 - - -

Pathways To Excellence
Since January, NPCC has offered six Pathways to Excellence workshops expanding upon the best practices of recent winners of the Nonprofit Excellence Awards. The series shares practices and strategies that work to achieve management excellence. Each Pathways workshop is based on one of the Eight Key Areas of Nonprofit Excellence (found at http://npexcellence.fcny.org/npea/excellence) and showcases panelists from our roster of winning and finalist organizations over the last eight years, moderated by a member of the Selection Committee.

The workshops so far have included fundraising and resource development; results; human resources; communications; governance; and, financial management. Each featured a panel discussion, a practical exercise specific to the topic and an interactive question and answer session.

Extensive materials from the sessions, including guides, articles and templates, are available at http://npexcellence.fcny.org/npea/workshops.

 

New Paychex Account Rep

NPCC’s new account representative with Paychex is Allison Baker.

NPCC members are eligible to sign up with Paychex who will take on full liability to process your payroll, make the businesses tax deposits and report and file your quarterly and annual reports to the appropriate government agencies. Paychex provides services like direct deposit and check signing taking the responsibility for accuracy and timeliness. In addition, Paychex offers a variety of insurance products and human resource services.

Paychex offers a significant discount off of their regular rates for payroll processing and HR services to NPCC members. Members using Paychex should contact Allison to ensure that you are correctly enrolled in the program and are seeing the discounts to which you are entitled.

To sign up with Paychex, or to ensure that you are receiving and will continue to get the NPCC discount, call Allison Baker at Paychex at 212-239-9400 extension 42181 or email her at abaker@paychex.com.

 

NYS Contracting Report

The New York State Comptroller has released a report on the timeliness of payments to nonprofits, showing agencies late more than 77 percent of the time in approving contracts with nonprofit providers during 2014. Although an improvement over 2013 when 87 percent of payments were late, these late approvals cost the state over $195,000.

The Comptroller’s recommends quarterly reports using Grants Gateway data on the timeliness of contracting and interest paid on late contracts and development of bridge funding mechanisms to help nonprofits that face cash flow issues as a result of any delayed contracting process.

More is at www.osc.state.ny.us/press/releases/may15/052915.htm.

 

 

Giving USA 2015

Giving USA 2015, reporting on donations from individuals, corporations and foundations during 2014, has been released by Indiana University School of Philanthropy. The main finding is that charitable donations have recovered from their decline during the recession. More about the findings is at www.philanthropy.iupui.edu/news/article/giving-usa-2015. An executive summary is available for free; the full document can be purchased for $89 at http://givingusa.org.

 

JCOPE on Lobbying

New York State’s Join Commission on Public Ethics (JCOPE) has issued a proposal that would expand the definition of “direct lobbying” and “grassroots lobbying” under the State’s Lobbying Act. The proposed definition goes beyond the federal definition of lobbying, and would essentially cover anyone who had anything to do with a grassroots communication whether or not the communication called for action.

JCOPE is accepting comments on the proposed definition through July 10. Read more from Lawyers Alliance at http://bit.ly/1LRwClL and from JCOPE at http://on.ny.gov/1HqLR5D or www.jcope.ny.gov.

 

Job Applicants’ Credit

New legislation signed in early May by Mayor de Blasio amends the City’s Human Rights Law to make it an unlawful discriminatory practice for an employer to use an individual’s consumer credit history in making an employment decision. Exceptions are provided for a limited number of positions due to the sensitive nature of certain employment positions that require additional layers of security.

Generally, the law prohibits employers from requesting or using the consumer credit histories of applicants or employees for employment purposes, or otherwise discriminating against applicants or employees with respect to hiring, compensation, or the terms, conditions, or privileges of employment based on their consumer credit history. It will become effective on September 3.

The legislation can be found at http://legistar.council.nyc.gov/Legislation.aspx (search for Int 0261-2014). Jackson Lewis has a memo at www.jacksonlewis.com/resources.php?NewsID=5150.

 

DOL on LGBT Protections

The U.S. Department of Labor has released regulations extending protections that prohibit federal contractors and subcontractors from discriminating against lesbian, gay, bisexual, and transgender employees and applicants, effective April 9. They can be found at www.dol.gov/ofccp/LGBT.html. Jackson Lewis has an article at www.jacksonlewis.com/resources.php?NewsID=5026.

 

When Candidates Speak

As candidates enter the 2016 races and develop their policy platforms, organizations may feel compelled to comment on the issues. However, 501(c)(3) organizations need to remain nonpartisan because they cannot communicate something that could be perceived as attempting to influence voters to support or oppose a candidate for office.

Alliance for Justice has tips on how to respond to statements made by candidates at http://bit.ly/1e8hYMn and at http://bit.ly/1U20SQw.

 

State Registration Costs Survey

Independent Sector is conducting a short survey to determine how much time and resources nonprofits spend complying with state registration requirements. Charitable nonprofits must submit individual registrations to each state-level agency where they expect to solicit donations. Your answers will support efforts to improve the registration process. The survey is at www.surveymonkey.com/s/nonprofit_state_registration.

 

Leading in Community

The Center for Nonprofit Leadership at Adelphi University is accepting applications for the Leading in Community program to broaden and strengthen leadership of nonprofit professionals and community leaders of color in Long Island’s underserved communities. Participants will receive a Certificate in Organizational and Community Leadership from Adelphi University upon completion of the eight month program.

Applications are due July 24. The program runs from September 2015 through April 2016. The tuition is $2,000; partial scholarships are available. More information is at http://nonprofit.adelphi.edu/center-initiatives/leading-in-community.

 

Overhead Myth Busters

Anat Gerstein has written a piece for New York Nonprofit Press, “$0.88 of Every $1 for Programs: That’s Nothing to Brag About!”, discussing how the claims of low overhead are not helping the sector and the need to stop calling it “overhead” because that term is misleading. It’s at http://bit.ly/1g3fEHn. You can sign up for her email, NonprofitTalk, offering advice on communications at http://anatgerstein.com.

 

Using Data Webinar

Westchester Children’s Association will host a three-part webinar on demystifying data. The free series, “Using Data to Build Credibility and Engage Your Audience,” will discuss how to select and collect data that matters, avoid unreliable or misleading data, and use free and low-cost resources to create compelling infographics that will engage an audience. It will share tips and tools so other organizations can use data to better understand their own work and communicate the impact of what they do. Webinars will be held from 1-2pm on Thursdays: July 16 (Finding and Choosing Data That Matters); July 30 (Avoiding Data Traps); and August 13 (Visualizing Data). Register at www.wca4kids.org/blog.

 

Leadership Westchester

Volunteer New York’s Leadership Westchester is a nine-month program designed to develop effective leaders and encourage them to focus their personal passions and professional expertise to support the nonprofit community. The program, which begins in October, explores leadership concepts and issues of nonprofit board responsibilities and key management tools and will help participants prioritize their issues and connect with a network of nonprofit and for-profit leaders.

Applications are due September 19. Twenty individuals will be accepted into the program. The cost, for nonprofit organizations, is $1,750; a limited number of scholarships may be available. More information is at www.volunteernewyork.org/leadership.

 

New Executive Consultations

This summer, Cause Effective is offering up to 20 new executive directors a one-time Fundraising Check-In, coaching new executive directors in what they need to know to be successful at fundraising.

The consultation is for an executive director who has come on board to his or her NYC nonprofit within the last 18 months and is not currently in a consulting relationship with Cause Effective.

Write consulting@causeeffective.org to find out if your organization is eligible and read more at http://bit.ly/1gbKsFS.

 

Creative New York

Center for an Urban Future has release Creative New York, a report analyzing the economic impact and conditions of the City’s arts and creative sectors. It discusses the challenges facing artists, nonprofit and for-profit cultural organizations and puts forth some recommendations on how the sectors can overcome these challenges. The report is at https://nycfuture.org/research/publications/creative-new-york-2015.

 

 

Crain’s/AFP Survey

The results of the 2015 Crain’s/AFP-New York Metropolitan Nonprofit Survey have been released. The 157 nonprofit professionals who responded represent a broad cross-section of nonprofit organizations.

The greatest number of responses came from organizations based in the five boroughs of New York City. Of particular note this year is a sharp increase in development hiring and an encouraging increase in expectations of greater fundraising returns.

See the Crain’s article at http://bit.ly/1GdNTUS and the survey’s complete results at http://bit.ly/1LRAsvm.

 

 

Pricing Guide

The SCAN Foundation’s Pricing Guide provides an introduction to determining cost and establishing prices. It offers considerations in developing pricing for integrated care and community-based services: pricing structures; how to set a price; and other pricing strategies along with a sample spreadsheet to help determine the costs of services in order to set prices.

Although geared toward health care, other nonprofits may find points of interest in determining or thinking about valuing their services. Download the free guide at www.thescanfoundation.org/tsf-pricing-guide.

 

NPCC is on AmazonSmile
Amazon will donate 0.5% of
your eligible purchases to NPCC

when you log in to http://smile.amazon.com/ch/13-3216408 and shop. AmazonSmile is the same Amazon you know: same products and same prices. It’s easy and free to start helping NPCC.

 

Welcome New NPCC Members

new 501(c)(3) members joined between April 30-June 29, 2015

826 NYC  •  8 Henderson Place Foundation  •  Alliance for Progress  •  Animal Zone International Inc  •  Bruce Arnold Foundation  •  Cities for Financial Empowerment Fund  •  Fund for New York City Voter Assistance Corporation  •  Good Neighbors of Park Slope  •  International African Arts Festival Inc  •  JUST Capital Foundation Inc.  •  Latino U College Access Inc  •  New Amsterdam Boys and Girls Choir  •  Open Future Institute  •  Opus Dance Theatre & Community Service  •  Planned Parenthood of Nassau County  •  Rabbit Rescue and Rehab  •  Reading 4 Smiles, Inc.  •  Roosevelt Institute  •  SoHo Broadway DMA, Inc.  •  The Climate Museum Launch Project  •  The Coney Island AntiViolence Collaborative Inc.  •  Transfernation Inc.

see the complete list of NPCC members at www.npccny.org/memberlist.htm

New York Nonprofits
Copyright © 2015
Nonprofit Coordinating Committee of New York, Inc.
135 West 36th Street, 15th Floor, New York, NY 10018
Daniel J. Myers, writer & editor & website
dmyers @ npccny.org
fax 212-502-4189
www.npccny.org

Select articles may be reprinted in print form only (they may not be reprinted in any medium other than print) with the express permission of the Nonprofit Coordinating Committee of New York, Inc.

New York Nonprofits is a monthly publication of the Nonprofit Coordinating Committee of New York, Inc. (NPCC). NPCC was established in 1984 to help nonprofits meet common challenges and problems, to serve as a meeting ground, and to strengthen the nonprofit sector as a whole. NPCC has nearly 1,500 members in the New York metropolitan area, ranging from all volunteer groups to major institutions.

Membership in NPCC provides a place where your voice is heard and adds to the collective voice of the nonprofit community.

Dues for 501(c)(3) nonprofits (that are not grantmakers) are based upon the organization's annual operating budget, and are as follows:

Operating Budget . . . . . . . . . Dues
$0 - $124,999 . . . . . . . . . . . . . . .$ 35
$125,000 - $249,999 . . . . . . . . . $ 100
$250,000 - $499,999 . . . . . . . . . $ 250
$500,000 - $749,999 . . . . . . . . . $ 350
$750,000 - $999,999 . . . . . . . . . $ 475
$1,000,000 - $4,999,999 . . . . . . .$ 675
$5,000,000 - $9,999,999 . . . . . .$1,200
$10,000,000 + . . . . . . . . . . . . .$1,500

Grantmaking Member . . . . .$3,000 (requested)
. . . $1,500 (minimum)

The following memberships are for those who are not affiliated with a 501(c)(3) organization:

Corporate Member . . . . .$3,000 (requested)
. . . . $1,500 (minimum)
Individual Sustainer . . . . . . . . $1,000
Individual Member . . . . . . . . .$100
Student Member . . . . . . . . . .$15 (with valid, current ID)

Please visit www.npccny.org/howto.htm for more information on NPCC membership.

Board Officers: Ian J. Benjamin, chair; Michael Clark, president; vice chairs: Robert Acton, Joyce M. Bove, Richard Burns, Gregory Cohen, Barbara Schatz; Charlene Laniewski, treasurer; Merble Reagon, secretary.

Board Members: Victoria Bailey, Diana Davenport, Leslie Goldman, Bernell Grier, Ronda Kotelchuck, Patricia Kozu, Antoinette La Belle, Larry Lee, Sheila Lewandowski, Roland Lewis, Carolyn McLaughlin, Karen Pearl, Michael Seltzer, Emily Smith, JoAnn D. Smith, Richard Souto, Sarah (BJ) Sung, Stephanie Thomas, Eileen Torres, G. Robert Watts, Jo-Ann Yoo.
Peter Swords, Esq., president emeritus
Jonathan A. Small, Esq., president emeritus
John E. Craig, Jr. chairman emeritus

Staff & Consultants : Michael Clark, president
Melkis Alvarez-Baez, director of programs
Danielle Penabad, membership & outreach director
Constance Ferber, program associate
Kristen Jones, executive coordinator
Robert J. Vanni, senior consultant, Government Relations

Copyright © 2015 Nonprofit Coordinating Committee of New York, Inc. New York Nonprofits is published twelve times a year. Select articles may be reprinted in print form (they may not be printed in any medium other than print form) with the express permission of the Nonprofit Coordinating Committee of New York, Inc.
Daniel Myers, editor, writer, & design, New York Nonprofits

Nonprofit Coordinating Committee of New York, Inc.
135 West 36th Street, 15th Floor
New York, New York 10018

phone: 212-502-4191
www.npccny.org