In this interactive session, you will use case studies to delve into four critical areas of nonprofit governance: the board-executive director relationship; using financial statements; setting the executive director’s compensation; and encouraging whistleblowers. Participants will be divided into small discussion groups. Each group will arrive at a solution for each case and share it with the session as a whole. Then, the workshop leader will summarize the solutions and provide a brief presentation on best practices. Each participant will be provided with a copy of the cases before the session so that everyone can become familiar with the facts in advance. This is an opportunity to break away from the traditional lecture format, express your opinions, meet other CAA and nonprofit leaders from around the country, and learn from the experience of others.

Jack Siegel, Esq., CPA, Charity Governance Consulting LLC

Federal grantees are required to follow Office of Management and Budget (OMB) circulars on grants administration and cost principles. Failure to comply can result in dire consequences, including cost disallowances and grant terminations. Attend this workshop and develop a better understanding of the requirements of these circulars and how to improve your organization’s compliance with them. Based on an annotated guide to OMB Circular A-122 on cost principles, you will review not merely the plain language of individual rules, but how to apply the principles in combination to particularly thorny issues faced by grantees. You will also learn about the impact of stimulus funding on indirect cost rates and cost allocation plans.

Dan Miller, CPA, Meliora Partners

1A. Governance: Introduction to Community Action

Whether you are new to Community Action or a veteran of the War on Poverty, this session is for you. You will review key developments in the legal history of Community Action and explore the ins and outs of the Community Services Block Grant (CSBG) Act, the linchpin of the current Community Action movement. Join us for a discussion of: the composition, roles, and responsibilities of tripartite boards; limitations on the use of CSBG funds; allocation, payment and carryover of those funds; reduction and termination of CSBG funding; designation of new entities eligible to receive CSBG funds; and implications of the economic stimulus on CAAs’ CSBG funding.

Allison Ma’luf, Esq., CAPLAW

Seth Hassett, Director, Division of State Assistance,

Office of Community Services

Brian Tipton, Esq., Sasser, Sefton, Connally, Tipton & Davis, P.C.

1B. HR: Ensuring Equal Opportunity in the Workplace

Notwithstanding a strong commitment to principles of equal employment opportunity (EEO), nonprofit organizations are simply not immune from discrimination complaints, EEOC charges and litigation. This type of organizational "people problem" ranks among the most expensive, time consuming, and emotionally draining for nonprofit managers. More challenging, federal and state EEO law is currently undergoing a "growth spurt," with recent changes already in effect to the Americans with Disabilities Act and the Equal Pay Act, among others. This fun, interactive seminar will acquaint participants with important recent changes in EEO law and will address the seemingly innocent assumptions that can lead to claims of unlawful discrimination. Because this seminar's focus is "people problem prevention," participants will also learn the important strategies to defend against allegations of workplace discrimination.

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

1C. Fiscal: Constructing an Agency-Wide Budget

In the current economic climate and with funding sources placing an increased emphasis on sound financial management, it is essential to have a clear financial picture of your organization as a whole. This workshop will address important considerations in creating a master budget for your organization. Topics will include: cost allocation across grants; wage/salary allocation spread across the organization; non-grant revenue and expenses; considering the whole picture; and grants that don’t coincide with your fiscal year; and the effect of stimulus funding on your organization’s budget.

Dan Miller, CPA, Meliora Partners

1D. Trust:  The Key to Collaborative Leadership

In today’s time of rapid change and shortage of resources, managerial success depends more than ever on successfully multiplying individual effort. This has given rise to the importance of collaborative leadership – going beyond mere cooperation and coordination in a “team” environment to continuous use of the power of interdependency and commitment to the value of working with and through others, enabled by a climate of trust. Trust is the essential building block of collaborative efforts – trust in the leader, extension of trust by the leader, and trust among co-workers. This interactive session will explore the practical meaning of trust and display 14 specific behaviors that build trust. This session is ideal for managers and supervisors at all levels.

Norval D. (John) Settle, Esq., SETTLEment Associates, LLC

2A. Governance: Effective Board Procedures

Nonprofit bylaws often state that the job of the board of directors is to supervise, control, and direct the affairs of the corporation. But what does this really mean in practice? Bring your board members and find out in this hands-on, interactive session, which will examine the nuts and bolts of board structure and the mechanics of board operations. Topics will include: the board’s role; board member selection, election, and recruitment; optimal board size; officers of the board; board committees; developing meeting agendas; meeting procedures and decorum; recording and maintaining meeting minutes; D&O insurance; and maintaining and following bylaws and other governance documents. The session will rely on lecture, group discussion, and several short cases and will take advantage of the collective knowledge and experience of everyone in the room.

Jack Siegel, Esq., CPA, Charity Governance Consulting LLC

Patricia Stieger, Management Consultant

2B. HR: ADA and FMLA Update

Major changes to the Americans with Disabilities Act (ADA) and new Family and Medical Leave Act (FMLA) regulations took effect earlier this year. Highlights of the FMLA changes include expanding and clarifying military leave, employer and employee notice obligations and medical certification requirements. Notable ADA changes include broadening the definition of “disability,” expanding the list of “major life activities,” and disregarding mitigating measures in disability determinations. Don’t get caught off-guard – familiarize yourself with the practical implications of the new rules and identify steps your organization should take to ensure that its personnel policies and procedures are up to date

Peter Ebb, Esq., Ropes & Gray

2C. Fiscal: 501(c)(3) Hot Topics

Get up to speed on the latest tax law developments affecting 501(c)(3) organizations. Find out how 501(c)(3) organizations are responding to the new IRS Form 990 and get tips on completing the form. One area the new form highlights is executive compensation – learn what your organization should be doing to properly set and report compensation of its top managers. Review tax rules on expense reimbursements and get the 4-1-1 on how the IRS treats personal use of cell phones, Blackberrys and similar devices.

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

2D. Head Start Update

Get the up-to-the minute information on Head Start stimulus funding: how ACF is allocating funds; what rules apply; and how grantees can ensure that their fiscal systems, fiscal staff, and board oversight of finances are up to the task of managing large amounts of new funding in an accountable manner. Although it has been over a year since Congress made major changes to the Head Start Act, uncertainty about how to comply with many of the Act’s new requirements still abounds. Discover how Head Start grantees are responding to the changes in the law and what HHS currently expects in areas such as: the respective roles of the board and policy council, board composition, conflicts of interest, and enrollment. Now that the law permits recompetition for Head Start grants, it is more important than ever for grantees to pass their reviews with flying colors. Learn about how the new recompetition process is likely to work, get familiar with the new review protocol and find out what your organization needs to do to prepare for its next review.

Teresa Cox, Mid-Willamette Valley Community Action Association

Ann Linehan, HHS Office of Head Start

Robert Sasser, Esq., and Brian Tipton, Esq., Sasser, Sefton, Connally, Tipton & Davis, P.C.

2E.   Primer on Privacy and Confidentiality

With identity theft on the rise, it is more important than ever for CAAs and other organizations serving vulnerable populations to safeguard their clients’ and employees’ personal information. Examine what legal rules apply – including the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (and the stimulus act’s changes to those requirements) – and find out what your organization should be doing to protect the personal information it collects from its clients and employees. Also analyze situations where the desire, and often legal responsibility, to protect clients’ and employees’ privacy conflicts with requests or subpoenas from third parties for client or employee records, funding source requirements for centralized data collection, and common practices of sharing client information within the organization or with other organizations serving clients’ needs

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

3A. Governance: Developing and Managing Community Partnerships

Strategic partnerships are essential to moving Community Action agendas forward but their true potential is often unseen or untapped. Learn how to identify and develop powerful partners through a "high impact" lens, and how to structure and document the partnerships to allocate responsibilities, hold partners accountable for performance and avoid legal pitfalls

Anita Lichtblau, Esq., CAPLAW

Ona Porter, Community Action New Mexico

3B. HR: Rightful Discharge: Terminating without Litigating

An employer has compelling business reasons to terminate someone. Still, the former employee files suit for wrongful termination and discrimination. At-will policies and employee handbooks alone do not protect employers seeking to cut ties with employees. Learn how to properly evaluate and document terminations with an eye toward avoiding and defending litigation, including how to conduct proper reductions-in-force in today's economic climate. Also discuss legal and practical issues in rapidly upsizing some programs on a short-term basis in response to the economic stimulus (in some cases, while downsizing other programs). Also discuss legal and practical issues in rapidly upsizing some programs on a short-term basis in response to the economic stimulus (in some cases, while downsizing other programs).

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

3C. Fiscal: Spotlight on Social Enterprise (Part I)

More and more nonprofits are turning to social enterprise – entrepreneurial ventures that take advantage of who they are, what they do and what they have – to further their social missions and generate earned income. In Part I of this session, hear from two social entrepreneurs (one from a food service training enterprise and the other from a for-profit weatherization business run by a CAA) about how nonprofits can get their social enterprises up and running.  In Part II, learn from two experienced attorneys about the legal, tax and federal grant law issues involved in starting and operating social enterprises.

David Carleton, Executive Director, Kitchens With Mission
Ken J. Robinette, Executive Director, South Central Community Action Partnership
Brian Tipton, Esq., Sasser, Sefton, Connally, Tipton & Davis, P.C.
LaVerne Woods, Esq., Davis Wright Tremaine LLP

3D. Federal Housing Law and Policy Update

Congress and the Obama Administration have moved quickly to address pressing housing needs, including adopting a stimulus package that provides $13 billion in funding for housing programs, funding for the National Housing Trust Fund and enacting the most significant revisions to the McKinney-Vento programs in many years. Come and learn about these important policy initiatives and others that may be being considered by Congress and the Administration over the rest of the year.

Danna Fischer, Esq., National Low-Income Housing Coalition

3E. Got Funding? Finding Additional Program Resources while Nourishing Children through Federal Nutrition Programs

Federal nutrition programs nourish our children in pre-school, school-based and out-of-school programs. They also allow community based organizations to draw-down federal “entitlement” dollars – feeding all children eligible for program benefits. The economic recovery legislation and the upcoming reauthorization of the child nutrition and WIC programs provide new opportunities to expand nutrition benefits to low-income children while infusing critically-needed financial support to CAAs and other government grantees. Come hear the latest developments in Congress to answer the age-old question – Got Food?

Ellen Teller, Esq., Food Research and Action Center

4A. Governance: Contending with Conflicts of Interest

Nonprofits and federal grantees are now expected – and in some cases, required – to adopt and implement conflicts of interest policies. Yet developing and following these policies can be a daunting task, given the many different rules from various sources that may apply – including the IRS, the Financial Accounting Standards Board (FASB), Head Start, HUD, the federal Office of Management and Budget (OMB) and others. Examine these rules and discuss practical considerations in crafting conflict of interest policies and in dealing with conflicts of interest.

Cynthia Cumfer, Esq., Community Development Law Center

Eleanor A. Evans, Esq., CAPLAW

4B. HR: Conducting Bulletproof Workplace Investigations

One of the biggest challenges managers and HR professionals face is how to conduct a prompt, thorough and legally compliant workplace investigation. The primary objective is to resolve the problem without a lawsuit. If a lawsuit cannot be avoided, the investigation must satisfy legal obligations and stand up to intense court scrutiny. Learn how to effectively conduct investigations of harassment, discrimination and retaliation complaints, and workplace misconduct situations.

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

4C. Fiscal: Spotlight on Social Enterprise (Part II)

See description for workshop 3C, “Spotlight on Social Enterprise (Part I).”

4D. Focus on the Foreclosure Crisis

Congress and the Obama Administration have made the foreclosure crisis a top priority. Attend this session and find out about the steps being taken to help troubled borrowers, communities and renters address the foreclosure crisis. Discover how your organization can become part of the solution to this far-reaching problem.

Danna Fischer, Esq., National Low-Income Housing Coalition

4E. Leadership Transition Strategies

Filling nonprofit CEO and CFO positions is growing more challenging as the boomer generation begins its exodus from the nonprofit sector. Simultaneously, boomers exiting from corporate and public accounting careers are seeking opportunities to use their skills for community good. Explore new strategies to plan for leadership transition and create flexible opportunities for highly skilled professionals to provide transitional leadership.

Kay Sohl, Nonprofit Financial Management Consultant, Kay Sohl Consulting

5A. Governance: Transformative Leadership and the High-Impact CAA

How can CAA leaders take the organization from just managing contracts to re-embracing the original Community Action mission of ending poverty through a strategy of community engagement? This workshop will focus on practical high-impact strategies, which the workshop leader has successfully taught and CAAs have implemented, that can be used within the structure of grant and contract-funded organizations.

Ona Porter, Community Action New Mexico

5B. HR: Health and Welfare Plan Check-Up

Be sure your organization’s health and welfare plans are in tiptop shape. Probe key legal requirements for these plans and learn how to cure common compliance problems. Topics to be examined in this session include: COBRA (including ins and outs of administering the COBRA premium assistance provided by the Recovery Act); the new requirements of Michelle’s Law; recent changes to the Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules; administering special enrollment rights under HIPAA and the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA); proposed cafeteria plan regulations; final regulations on dependent care spending accounts; and the status of the law on domestic partner benefits.

Sarah Bhagwandin, Esq., Davis Wright Tremaine LLP

5C. Fiscal: Proficiency in Procurement

Do your systems, policies, procedures, and practices comply with federal procurement requirements? This session will provide a strong foundation for assessing your current systems, identifying potential compliance problems, and developing efficient ways to ensure compliance with procurement requirements for your grants and contracts (including Davis-Bacon Act requirements for stimulus funds). Training materials will include easy-to-use assessment tools to evaluate your current approaches, updates on compliance requirements, and opportunities to learn from others how they are handling the greatest challenges in procurement

Kay Sohl, Nonprofit Financial Management Consultant, Kay Sohl Consulting

5D.   The Art of Advocacy

Involvement in public policy issues is a must for organizations working to improve the lives of low-income people. In this session, learn how to develop productive relationships with policymakers not just in visits to the legislator’s office, but also through site visits and events at your organization, as well as innovative coalition activities that create a positive visual impression of your mission, clients and, programs. Also examine the rules that apply to lobbying by CAAs, Head Start programs, and 501(c)(3) organizations and find out how to advocate effectively within those rules.

Anita Lichtblau, Esq., CAPLAW

Ellen Teller, Esq., Food Research and Action Center