Webinar - Advocacy in Grantmaking - working together for impact

ADVOCACY IN GRANTMAKING WORKING TOGETHER FOR IMPACT EPIP Webinar November 9, 2016 EPIP Host: Biz Ghormley Presenters: Kristen Gurdin, Jasmine Hall Ratliff, Allen Mattison

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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.

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Biz Ghormley biz@epip.org

Director of Operations & Member Services

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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

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Moving Beyond “No” to “What if…”

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Educated Grantees Maximize Non-lobbying Funds

Issue Education Lobbying

501(h) Percentage

501(c)(3)

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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

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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

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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

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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

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•  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

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Effective & Safe

More policy wins

More $ for policy

change

Benefits of Legal TA

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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

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Grantees’ Legal TA Strategic Advantages

Build long-term advocacy power with non-lobbying funds

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Grantees’ Legal TA Strategic Advantages

Support legislative battles with non-lobbying funds

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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

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Grantees’ Legal TA Strategic Advantages

Leverage exceptions in IRS rules

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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

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Putting Legal TA to the Test

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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

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Grantees’ Legal TA Strategic Advantages

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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

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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

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Grantees’ Legal TA Strategic Advantages

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Conclusion: Legal TA is a strategy tool

Program Officers

Compliance Staff Grantees

WIN! WIN! WIN!

Strategic Action + Stronger Organizations = Lasting Social Change

Questions?