Pre-Conference Workshops|3.5 CPE credits

A. Making Money for Your Mission: Revenue-Generating Ventures
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Revenue-generating ventures by nonprofits are often referred to as “social enterprises” and reflect a developing trend that involves earned income activities that either directly advance an organization’s mission or simply serve to generate funds used to support an organization’s programs. These two approaches to social enterprise, which may be thought of as revenue-centered and mission-centered, will influence the nature of ventures a nonprofit pursues. In this session, you will learn about common forms of revenue-generating ventures, hear from nonprofits that have successfully established such ventures, and discover how to identify earned income opportunities based on your organization’s mission, values and assets. You will also examine the practical legal and tax issues that pose challenges to the nonprofit organization desiring to engage in a revenue-generating venture and review the structures that minimize risk to the nonprofit while maximizing rewards from the venture.

Timothy Phillips, Esq., American Cancer Society, Inc.
R. Brian Tipton, Esq., Sasser, Sefton, Connally, Tipton & Davis, P.C.
Stacey Flowers, Community Action Partnership

Howard Snyder, Northwest Side Community Development Corporation

Rich Dieter, Southwestern Pennsylvania Community Development Corporation

 

B. Personal Negotiation Skills for the Workplace
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Critical to good leadership, effective relationships in the workplace, teamwork, and customer service are the skills and knowledge related to NEGOTIATION AND PERSUASION. This highly interactive session begins with basic principles and then moves into specific behaviors and techniques for: preparing to participate in negotiations – what to do "at the table"; achieving binding agreements; and dealing with impasse. Included is emphasis on negotiations with employees to achieve productivity in the workplace, and how to succeed in negotiations on behalf of your organization.

Tracey Pilkerton Cairnie, CoreVision, LLC
Norval D. (John) Settle, Esq., SETTLEment Associates, LLC

Workshop Session One|1.5 CPE credits

1A. GOVERNANCE/Developing a Comprehensive Risk Management Approach
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
In the absence of a crystal ball, nonprofit organizations, like their business counterparts, must develop policies and procedures to effectively manage the risks that could create harm to their people, their property, their reputations and their viability. There is often a tendency to take a “headlines” approach to risk management – directing our energies toward protecting against a repeat of the latest crisis affecting a community or enterprise. But this front-page approach to risk management fails to provide practical solutions to the risks that impact an organization as a result of its day-to-day operations. This workshop will highlight an enterprise approach to risk management for the nonprofit organization. Attendees will receive practical tips and methods for developing a risk management program that is not only effective but also tailored to their particular organization’s structure and operations.

Timothy Phillips, Esq., American Cancer Society, Inc.

1B. HR/The Anatomy of DISTRUST: Coping with Suspicion and Betrayal at Work
CPE Field of Study: Personnel/HR                                                                      Level: Overview
Most of us recognize the importance of trust, and many have experienced the impacts of broken trust in the workplace. Distrust often leads to low morale, low productivity, negative behaviors, and a toxic work environment. As managers, supervisors and leaders, it is important to understand how trust is an essential precondition upon which all real success depends. This session will help you gain a better understanding of the meaning of trust and distrust, how to build trust, and especially, what you can do to rebuild when trust is broken.

Tracey Pilkerton Cairnie, CoreVision, LLC
Norval D. (John) Settle, Esq., SETTLEment Associates, LLC

1C. FISCAL/Beyond a Handshake: Contracts 101
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Once signed by all parties, contracts typically dictate a future collaboration or business arrangement. Don’t be controlled by a contract, rather take control before the ink hits the paper, negotiate the best deal for your organization, and secure a record of the deal that most accurately represents the current and future obligations agreed to by all involved. In this session, explore effective contract negotiation strategies and issues to consider when drafting contracts – such as which party should draft a contract when it is not clear who should do so, what to look for when reviewing a contract, key provisions to include or avoid. Also examine what steps to take when a contract has been breached.

Monica Scott Beckham, Esq., United Planning Organization

1D. Political Activity: Playing by the Rules
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
It’s another big election year. Be sure you’re up to speed on the rules that apply to political campaign activity by CSBG and Head Start grantees, 501(c)(3) organizations, and their employees and board members. Attend this session and familiarize yourself with Internal Revenue Service, CSBG, Head Start and Hatch Act requirements on political campaign activity and voter registration. Learn what, if any, impact Citizens United, the U.S. Supreme Court’s recent campaign finance decision, will have on CAAs and nonprofit organizations.

Eleanor Evans and Allison Ma’luf, Esq., CAPLAW

1E. CSBG: The Federal Perspective
CPE Field of Study: Specialized Knowledge and Applications                                Level: Update
Get the scoop on the latest developments in the CSBG program from federal officials charged with overseeing it. Topics include: the Administration’s current priorities and initiatives for the program; the status of the federal Office of Community Services’ (OCS) CSBG risk assessment process, including training and technical assistance offered as part of that process; an update on issues surfaced by ARRA, including the appropriate use of CSBG funds; and insight into CSBG monitoring. We will also discuss some open policy issues currently being considered by OCS.

Seth Hassett, Division of State Assistance, Office of Community Services, HHS (invited)
Anita Lichtblau, Esq., CAPLAW
Jeffrey Polich, Esq., HHS Office of General Counsel (invited)

Workshop Session Two|3.5 CPE credits

2A. GOVERNANCE/Putting Good Governance into Practice: Nonprofit Governance Case Studies
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Explore the practical implications of nonprofit governance by participating in this interactive session. Participants will be divided into small discussion groups to address scenarios based on key governance areas including: board composition; for-profit ventures; executive director compensation; and the development and maintenance of communication channels. Each group will arrive at a solution for each case and share it with the session as a whole. Then, the workshop leaders will summarize the solutions and provide a brief presentation on best practices. Participants will be provided with a copy of the cases before the session so that they can familiarize themselves with the facts in advance. This is an opportunity to test your governance knowledge, express your opinions, meet other CAA and nonprofit leaders from around the country, and learn from the experience of others.

Anita Lichtblau, Esq., CAPLAW
Patricia Steiger, Management Consultant and CAPLAW Board Member

2B. Workplaces that Work: Positive People Management
CPE Field of Study: Personnel/HR                                                                      Level: Overview
In most workplaces there is at least one disgruntled employee who is unreliable, unwilling to accept direction, behaves badly, bends the rules and is full of excuses, excuses, excuses!  Don’t let the bad attitude of one or two sour apples taint the whole batch!  Rather learn how to make apple pie with that seemingly rotten fruit!  Attend this workshop to discover positive ways to grapple with the negative employees in your workplace.  This session focuses on the legal compliance issues associated with creating a positive work environment, avoiding hostile ones and instituting productive ones.  We will discuss some practical tips related to how supervisors can effectively motivate, evaluate and manage employees – even the most difficult ones – while simultaneously developing and maintaining a positive, legally compliant rapport with those they supervise.

Merrily S. Archer, Esq., Fisher & Phillips, LLP

2C. FISCAL/From the Auditor’s Desk:
Taking a Proactive Audit Approach and Coping with Cost Principles
CPE Field of Study: Auditing                                                                               Level: Overview
In this two-part session, get practical advice from experienced auditors on preparing for your organization’s audit and complying with federal cost principle circulars. In Part I, our presenters will share tips and tools – including sample audit planning schedules and questionnaires – to help you make your organization’s next audit more efficient and to reduce future audit costs. They will also discuss the impact of ARRA requirements on the OMB Circular A-133 audit process and offer insights on audits of employee benefit plans, particularly 403(b) plans. In Part II, they will use CAPLAW’s annotated guide to OMB Circular A-122 not only to review the plain language of individual cost principles, but also to apply them in combination to especially tricky issues faced by grantees. Among the topics to be discussed in this part are: facilities expenses; donations and contributions, including in-kind; fundraising costs; and the possible impact of the ARRA funding model on the allowability of certain costs.

Mary Pockl, CPA, S.R. Snodgrass A.C.
Michael Zeno, CPA, S.R. Snodgrass A.C.

2D. Tapping into the Technology Wave
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
The ever-expanding world of information technology (IT) and the web offers CAAs the opportunity to increase their scope and effect in exciting, innovative ways. However, the legal implications of tapping into this often uncharted area can seem daunting. This workshop will not only dispel fears associated with using the Internet and various technologies but also offer practical feedback from those who have ventured into this new frontier. It will also cover: legal implications of using social media; tips on email and Internet usage policies; complying with tax and charitable solicitation rules when using websites for development and fundraising purposes; intellectual property issues associated with the web; and other related topics.

Allison Ma’luf, Esq., CAPLAW
Jessica E. Margolin, Esq., Ropes & Gray LLP
Colin A. McRae, Esq., Hunter Maclean Exley & Dunn, P.C.

Sherry Heyl, Concept Hub, Inc.
Joyce J. Dorsey, Fulton Atlanta Community Action Authority, Inc.

2E. Fast Fundraising Facts for Fame & Fortune
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
This fast-paced workshop addresses ways that Community Action Agencies can diversify their funding and take advantage of revenue sources other than traditional grants. Attend and find out how to connect effectively with corporate and individual donors, try special events and more. Discuss ways to ask successfully and to implement Jean's 10 Rules for Fundraising Success, including how to handle a “no” (hint: It's no big deal). This session will feature practical insight from the CAA perspective along with a brief discussion of the legal requirements related to fundraising. Taught by a nonprofit pro with nearly 50 years experience as staff and volunteer, a CAA planning director and an experienced nonprofit attorney, this workshop will motivate and inspire you to put the FUN unto FUNdraising!

Jean Block, Jean Block Consulting, Inc.
Christina Sieber, Action for Boston Community Development
Rachel Spears, Esq., Pro Bono Partnership of Atlanta

Workshop Session Three|1.5 CPE credits

3A. GOVERNANCE/Governance When Everyone Is Watching: Internal Controls
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
New federal dollars have arrived in the form of stimulus funds. Whether it’s CSBG, Weatherization, Head Start, or a host of other federal programs, CAAs and other federal grantees have received significant increases in funding. New funding brings additional scrutiny and governance responsibilities have increased accordingly. Internal controls are key to assuring those outside your organization that all funds are secure. If you are a non-fiscal type with governance responsibility, attend this session to develop a better understanding of what internal controls are, how to implement them and what your role is in that process.

Dan Miller, CPA, Meliora Partners

3B. HR/Cutting Edge Issues in Employment Law
CPE Field of Study: Business Law                                                                      Level: Update
This workshop will provide an overview of new employment laws, as well as recent changes to existing ones, that are likely to impact your organization. Topics will include the most recent revisions to the Family Medical Leave Act (FMLA), the Genetic Information Nondiscrimination Act (GINA), the Lilly Ledbetter Fair Pay Act, the new Form I-9 and E-verify requirements, and cases interpreting the Americans with Disabilities Act, as amended in 2009. Time permitting, we will also discuss current "hot topics" in employment law, such as issues relating to the H1N1 virus and the flu epidemic. Workshop attendees can expect to explore the practical implications of these laws and discuss the steps that may be taken to ensure that personnel policies and procedures are up to date.

Jessica E. Margolin, Esq., Ropes & Gray LLP

3C. FISCAL/Fiscal Sponsorship: Making the Right Connections
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
CAAs often offer support to other groups and endeavors sharing a similar charitable mission by accepting and managing funds on their behalf and, in some cases, by providing other administrative and management services as well. Many refer to the CAA’s role in these relationships as that of a “fiscal agent,” a “pass-through,” or a “conduit.” Find out why “fiscal sponsorship” is a more appropriate term and learn how to structure fiscal sponsorship arrangements to avoid scrutiny by the IRS and state charity regulators and to reflect what is actually occurring.

Rachel Spears, Esq., Pro Bono Partnership of Atlanta

3D. Expand Your Reach with Reporting
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Learn ways to transform the required reporting for your various CAA programs into dollar signs. This workshop begins with an overview of federal, state and local reporting requirements associated with a CAA’s major funding sources, including ARRA, and a discussion of how a CAA can efficiently and effectively meet those requirements. It then goes a step further to offer practical and proven methods for applying the data used to meet these requirements not only to sustain current funding sources but also to attract those highly coveted private funds.

Jenae Bjelland, National Association for State Community Services Programs
Marjorie Lombard, Action for Boston Community Development
Christina Sieber, Action for Boston Community Development

3E. Head Start Hot Topics
CPE Field of Study: Specialized Knowledge and Applications                                Level: Update
Be sure you’re up to speed on the latest developments affecting your organization’s Head Start program. This session will feature a lively discussion of the impact of ARRA on the Head Start grantees; issues related to reauthorization, including the status of the re-designation process and of regulations interpreting the reauthorized Head Start Act; monitoring trends and issues in the wake of reauthorization; changes to the National Training and Technical Assistance System; and recent income eligibility and documentation issues. A dialogue on Head Start facilities issues will round out the agenda.

Ann Linehan, HHS Office of Head Start
Robert Sasser, Esq. and R. Brian Tipton, Esq., Sasser, Sefton, Connally, Tipton & Davis, P.C.

Workshop Session Four|1.5 CPE credits

4A. GOVERNANCE/ABCs of CAA Bylaws
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Clear, authoritative, and up-to-date bylaws are a cornerstone of good governance. Examine the main issues to look at when reviewing and updating your CAA’s bylaws. Find out how to comply with the CSBG and Head Start board composition requirements. Get answers to questions such as: How do an organization’s bylaws relate to its articles of incorporation, board resolutions and agency-wide policies? What provisions should CAAs have in their bylaws? How should CAA bylaws deal with issues such as board size, term limits and conflicts of interest? Participants will receive a copy of CAPLAW’s recently updated Bylaws Toolkit, which includes sample CAA bylaws language.

Eleanor A. Evans, Esq., CAPLAW

4B. HR/Keeping Good Time – Wage and Hour Law
CPE Field of Study: Business Law                                                                      Level: Overview
Brush up on the basics of the federal Fair Labor Standards Act (FLSA), take a practical look at common wage and hour compliance issues facing nonprofits and government employers and discover ways to reduce wage and hour law liability. In this session, you will learn how to categorize workers as employees vs. independent contractors and employees as exempt vs. nonexempt and get answers to questions such as: How do you calculate minimum wage and overtime pay? How do you compute hours worked? What records are employers required to keep under the FLSA? You will also examine the salary basis requirement for exempt employees – what it means to pay an employee on a salary basis and how to avoid impermissible deductions that can jeopardize the salary basis of an employee’s pay.

Lawrence S. McGoldrick, Esq., Fisher & Phillips, LLP

4C. FISCAL/Managing Multiple Funding Streams
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
CAAs receive funding from a wide variety of sources, many of which have varying requirements and program years. Effective financial management of multiple funding streams involves more than tracking profit and loss segregated by fund. Budgeting and providing cash flow information to management and the governing board are key. In this workshop, discuss the challenges CAAs face in managing funds from multiple sources and learn about effective strategies for addressing those challenges and keeping your organization’s finances on track.

Marjorie Lombard, Action for Boston Community Development
Dan Miller, CPA, Meliora Partners

4D. Payroll Puzzles: The Davis-Bacon Act and Community Action
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Don’t miss a discussion of the latest Davis-Bacon Act (DBA) issues relating to Head Start and the Weatherization Assistance Program (WAP). This session will briefly review the DBA and its application to Head Start facilities projects and to WAP projects funded with ARRA monies. Scenarios addressing different DBA issues will be presented and resolutions will be discussed. Participants are encouraged to bring their DBA questions and concerns.

Richard (Rick) V. Pins, Esq., Leonard, Street and Dienard

4E. Roadmap to Resources and Initiatives of the National Partner Organizations
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
The national CSBG-network partner organizations are here to serve you. They have established initiatives to further the anti-poverty goals of the CSBG Act and developed an abundance of resources to help CAAs and state CSBG offices fulfill their missions. Attend this workshop and get the information you need to join the initiatives, navigate the websites, sign up for the newsletters, access the resource materials and participate in the audio conferences, workshops, listservs and blogs offered by the national partner organizations.

Jenae Bjelland, National Association for State Community Service Programs
Lindley (Lil) Dupree, Community Action Partnership
Cara Loffredo, CAPLAW
Other presenter(s) TBD

Workshop Session Five |1.5 CPE credits

5A. GOVERNANCE/Board and Staff Roles: The Invisible Yellow Line

THIS WORKSHOP IS FULL
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
You know how that yellow line appears on the screen when you watch football? It marks the goal, a first down – and it keeps moving! Sitting at home in front of the TV at home, the line is perfectly visible, but to the players on the field, it’s invisible. In football, without careful planning before each play and communication during the play, it can be hard for the players to know what each of them is supposed to do to reach the goal. This workshop will explore who does what – how staff and board volunteers can successfully work together as partners to advance the mission and programs of your organization. Whether it’s planning, human resources, budgeting, fundraising or management – we'll discuss who should do what and how to keep lines of communication open. Taught by a nonprofit pro who has been on both teams – as board and staff leader – and who will entertain and inspire.

Jean Block, Jean Block Consulting, Inc.

5B. HR/A Measured Approach to Managing Union Impact
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
In the face of a difficult economy, prevailing wage requirements, widespread discussion of the proposed Employee Free Choice Act (EFCA), and heightened efforts by union organizers, CAAs are increasingly called upon to respond to organizing drives by unions seeking to represent CAA employees. Develop a better understanding of employees’ rights under the National Labor Relations Act, the legal rights of CAAs faced with union organizing drives, the options available to CAAs in responding to union organizing activity, and the special constraints imposed on CAAs by the Head Start Act and similar state laws.  This workshop will also address the current status of the EFCA as well as the collective bargaining obligations imposed on CAAs where employees choose to be represented by a union.

Richard (Rick) V. Pins, Esq., Leonard, Street and Dienard

5C. FISCAL/Tricks and Traps of the New Form 990 and Other 501(c)(3) Tax Tips
CPE Field of Study: Tax                                                                                     Level: Update
You know how to fill out the new Form 990, been there, done that! However, did your organization fight an uphill battle to complete the form? Was it a struggle to collect the correct information? Bring your war stories to this session and find out how to assemble the information the Form 990 is asking for so that you can more easily and adeptly complete next year’s form. This session will also review the nuances of Form 990-T (the tax form required for reporting unrelated business tax income) and address other 501(c)(3) tax topics such as the special tax concerns raised by employer provided cell-phones and the implications of the IRS’s governance guidelines.

Jeanne Schuster, Esq., CPA, Ernst & Young LLP

5D. Purely for Public CAAs
CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview
Public Community Action Agencies face unique opportunities and obstacles in operating their programs. Explore the relationship between a public CAA’s tripartite board and staff and the local government entity of which it is a part. In particular, analyze the authority delegated to the CAA, the role of the tripartite board, and the ways in which a public CAA can fulfill the goals of the Community Services Block Grant Act.

Anita Lichtblau, Esq., CAPLAW

Lois Carson, Executive Director of the CA Riverside CAA

New Workshop!
5E. Good For What Ails You: What Health Care Reform Means for Your CAA

CPE Field of Study: Specialized Knowledge and Applications                                Level: Overview

Earlier this year, Congress passed and President Obama signed into law what is now commonly known as the Affordable Care Act. The Act makes sweeping changes to the American health care landscape and has impacts for government, employers and individuals.  In this session, you will learn about the impact of health care reform on your CAA including a review of the immediate and short-term impacts, what steps you need to take now, and what to watch for in the future.  The workshop will also include information about the latest regulatory developments related to health care reform and identify areas where more guidance is expected.  

Concerned about the impact of health care reform on your CAA?  If so, this workshop is good for what ails you.

Edward I. Leeds, Ballard Spahr LLP