DeMystifying Advocacy As a Grantmaking Strategy June 7, 2016 Indiana Philanthropy Alliance Laurel O’Sullivan The Advocacy Collaborative, LLC

Our Roadmap  Welcome  Introductions  Exploring Legal Rules & Other Barriers to Advocacy  Self Assessment/ Exercise  Reframing Advocacy  Case Study  Exercise: Funding Continuum  Closeout/Reflections Our Roadmap

Improve your understanding of what’s legally permissible for foundations with advocacy Identify & discuss the challenges and opportunities for foundations to support advocacy Assess your foundation’s state of readiness for supporting advocacy and identify its key challenges. Goals for Today

Reflection Interview Person Next to You & Report Out on 3 Things: 1.Name, Title 2.Organization 3.What do they most hope to get out of today? Introduction Exercise:

We Don’t Engage in or Support Policy Advocacy We Provide Limited Support/ for Policy Advocacy We Totally Support Policy Advocacy Lineup + Share Pair Exercise

Making the Case for Advocacy

Is Advocacy the Same as Lobbying?

Advocacy Research/A nalysis Regulatory Advocacy Public education Educating Policymakers Coalition building Grassroots Communication Media Outreach Lobbying No. Advocacy Can Include But Is Not Limited to Lobbying

Any communication About a Specific Piece of Legislation To an Elected Official OR The Public Call to Action (grassroots) OR express specific VIEW (DirectLobbying ) Lobbying What is Lobbying? Lobbying Has a Very Specific Definition

Not Lobbying Influencing regulations (Administrative Advocacy) Responding to written requests for technical advice or testifying at hearings. Discussing broad social or economic issues Doing nonpartisan research Self defense lobbying Can Foundations Lobby? As a general rule “no” but there are a few exceptions

Quiz Time!

Grassroots lobbying has 4 very specific calls to action… The policy director of a 501©(3) that works with former inmates schedules a meeting with her member of Congress to discuss the challenges former inmates face in finding employment and housing? A 501c(3) nonprofit pays for a newspaper ad praising a proposed bill that would ban the sale of soft drinks in public schools? 1 2 Is This Lobbying?

Can Private Foundations Make Grants to Organizations that Lobby?

Lobbying 1.No earmarking grants for lobbying. 2.General support grants are one way. 3.Project specific grants is another so long as... Lobbying portion of the grant can’t be greater than non-lobbying portion. Yes!

NOTE Private Foundation Grant Agreements that Prohibit Lobbying are Unnecessarily Restrictive and not LEGALLY required

Project Specific Grant Agreement Examples Will the Foundation Incur a Taxable Event With These Grant Budgets? Project Total: $100,000 Public Education: $80,000 Lobbying: $20,000 Foundation gives $80,000 Project Total: $100,000 Public Education: $80,000 Lobbying: $20,000 Foundation gives: $90,000 Project Total: $100,000 Public Education: $80,000 Lobbying: $20,000 Foundation A gives: $50,000 & Foundation B gives $50,000 NO Yes, $10,000 No

Can Public Foundations Fund Lobbying?

Public Foundations can fund grantees that lobby either with general operating or project specific grants. Unlike private foundations, they can earmark grants for lobbying, but then that counts against the legal lobbying limit for the foundation and its grantee. So, they should file 501h election. And, under the 501h no more than 20% of core operating expenses can be allocated. Yes!

How Do You Measure Lobbying?

File 501h

How Much Lobbying Can You Do?

Measurement Calculations Exercise 1.For a non-profit with total charitable expenditures of $250,000: a.The total direct lobbying expenditure limit is: $250,000 x 20% = $50,000 & b.The total grassroots lobbying expenditure limit is: $50,000 x 25% = $12,500 2.For a non-profit with total charitable expenditures of $2,500,000: aThe total lobbying expenditure limit is: $2,500,000 – $1,500,000 = $1,000,000 $1,000,000 x 5% = $50,000 $225,000 + $50,000 = $275,000 & bThe grassroots lobbying portion of that expenditure limit is: $275,000 x 25% = $68,750 Example: Measuring Lobbying Activities

Discussion & Sharing

Grassroots lobbying has 4 very specific calls to action… Where is Your Foundation? Source: Alliance for Justice

Grassroots lobbying has 4 very specific calls to action… Where is Your Foundation in its Grantmaking for Advocacy? Defining the Problem Research/ knowledge building Convenings Issue Framing Advancing Solutions Public Education Community Organizing Capacity Building Media Advocacy Implementing Monitoring Public Education Lobbying Litigating Evaluation

Does Your Funding Align With Needed Outcomes? Can Public Foundations Lobby?

Let’s Stay in Touch! Laurel O’Sullivan The Advocacy Collaborative, Copyright © 2016, The Advocacy Collaborative. All Rights Reserved. This document may not be reproduced, copied, modified or adapted, without the prior written consent of the author.