2004
Chapter Government Relations
Manual
Association of Fundraising Professionals
1101 King Street, Suite 700
Alexandria, VA 22314
(800) 666-3863
www.afpnet.org
Introduction:
Why Your Chapter’s Participation in Government Relations is Critical
Government regulations and public policy are playing an increasingly important role in
the daily life of a professional fundraiser. The enhanced competition for the charitable
dollar, the tremendous growth of the sector, heightened concerns over accountability and
even controversies in the for-profit sector have increased the government’s interest in
regulating the fundraising and philanthropic process.
To a certain extent, this increased attention is good for the charitable sector. That
fundraisers and charities can point to their compliance with appropriate laws is an
important way of increasing donor confidence and trust. As lawmakers understand more
about fundraising and what fundraisers do, they are more like to propose legislation that
will be helpful and encourage charitable giving.
But sometimes, legislation and regulations can swing the pendulum too far. Instead of
weeding out the bad apples or prohibiting clearly unethical activities, proposals can often
make legitimate fundraising more difficult and burdensome, and in the worst cases, even
impossible.
A good example is privacy. The right of the individual to privacy is critical, but it must
also be balanced with the ability of charities to obtain the funds they need to run their
services and programs. Several years ago, proposed national regulations would have
prevented the use of basic contact information (name and address) of patients by health
organizations for fundraising purposes without the individual’s express consent. This
regulatory regime would have dramatically reduced the effectiveness of these
organizations’ fundraising efforts. Fortunately, as a result of AFP’s efforts, the
regulations were amended to allow legitimate and ethical fundraising to continue with
little burden.
Privacy is just one example. Fundraising costs, disclosure requirements, registration,
accountability – every day, legislation is introduced on these and other topics that swing
the pendulum too far and makes a fundraiser’s job more difficult.
Sometimes the pendulum swings too far because of ignorance. Often, legislators do not
understand how their proposals will impact fundraising. Other times, an especially bad
scandal or controversy will trigger “legislative overkill,” resulting in proposals that have
serious unintended consequences.
As the largest community of fundraising practitioners in the world, AFP is committed to
advocating for public policy that helps, not hinders, the fundraising profession in meeting
the needs of our society today. Through its Public Affairs Department, AFP works
directly with members of Congress and state legislatures to ensure that the voice of the
fundraising profession is heard.
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While AFP’s direct lobbying is important, a critical aspect of its government relations
program is educating and activating its membership. There are hundreds of thousands of
organizations trying to get their voices heard in the public policy process. Time and time
again, the one proven way to get the message out is through grassroots activity: local
members meeting with their local government officials on issues that impact local
organizations and charities.
One of AFP’s key public policy goals is to increase the role of its chapters in the
government relations arena. Chapters can have tremendous influence by showing how
legislative and regulatory proposals will affect the local community. They can show all
of the good things that fundraisers make possible. They can encourage officials to
introduce legislation that is positive for fundraising and will increase charitable giving.
The key person on the local level for government relations is the chapter’s government
relations chair. The chair is responsible for keeping members informed of local and
national legislative and regulatory concerns related to the fundraising profession. In
addition, the chair should take a leadership role in encouraging the chapter and individual
members to contact appropriate government officials.
This manual is designed to assist the government relations chair in his or her duties. It
not only details the role and responsibilities of the chair, but includes a variety of
information about the legislative process and how to get your chapter more involved in
government relations. Much of this material is designed to demystify the public policy
process and help chairs gain a better understanding of their role and how they can best
perform their duties.
AFP hopes this resource is helpful during your tenure as chapter government relations
chair. Should you have any questions about the manual, please contact the AFP Public
Affairs Department at 800-666-3863 or [email protected].
Thank your for your participation and involvement with AFP and its government
relations program.
3
Table of Contents
Executive Summary
5
Developing a Chapter Government Relations Program
The Legality of Lobbying
An Overview of AFP’s Government Relations Program
Roles and Responsibilities of GR Chairs
Getting Started
Activities
Secrets of a Successful Program
The Legislative Process
Monitoring Issues
Helpful Websites
Vote for Philanthropy
Conclusion and Overview
6
7
8
9
11
13
16
19
20
21
22
Appendices
I.
II.
III.
IV.
V.
Communicating with Officials (Letters & Meetings)
The Importance of Staff
Legislative Workshops
Chapter Lobbying Day
Documents (Invitations, Thank You Letters, Chapter Meeting
Information Form, Key Contact Sheet)
23
28
30
31
37
4
Executive Summary (How to Use This Manual)
AFP’s Chapter Government Relations Manual contains a lot of information about
developing a chapter’s government relations program. However, chapter chairs should
not be intimidated by the material, especially if you are new to the public policy arena.
This document is meant to be a guidebook and resources for chapter government
relations chairs. It does not need to be read all at once, and chairs will refer to some
sections more often than others.
The first few pages provide a good overview of the government relations chair function
and the purpose of AFP’s legislative and regulatory programs. It will help orient chairs
to their essential responsibilities and give them a sense of what AFP is doing more
broadly on the national and international levels.
The heart of the manual is pages 8 through 20, which contain information and tips on
running your chapter’s government relations program. These are good pages to read and
even re-read to get a good feel as to the types of activities your chapter can be
conducting. The section on “The Legality of Lobbying” is also important, as many
members will probably be concerned about their participation in these activities and if it
might affect their organization’s tax-exempt status (No!).
The rest of the manual contains appendices on a variety of specific issues. The first two
appendices, “Communicating with Officials” and “The Importance of Staff,” chairs will
find critical as they set up meetings and work with staff. The other appendices will prove
more useful as chairs develop AFP activities related to government relations, such as
Chapter Lobbying Day.
AFP International Headquarters does not expect chapters to begin extensive government
relations programs immediately. The development of legislative and regulatory
initiatives on the local level takes time. However, we hope that this document will help
you start such programs and provide solid guidance and suggestions as your programs
develop. The “Conclusion and Overview” section provides a good summary of what
chapters new to government relations can realistically hope to do in a year.
This is the first chapter government relations manual that AFP has produced. It will
undoubtedly be a work in progress and change from year to year as we edit, improve and
refine its contents. We welcome your suggestions, questions or comments about this
manual or any aspect of your chapter’s government relations program. Please contact the
AFP Public Affairs Department at (800) 666-3863 or [email protected].
5
The Legality of Lobbying
Chapters are often concerned about how much they can lobby, or even whether they can
lobby at all. While it is good for chapters to be aware of what they can and cannot do,
most of the time these limitations will not be an issue.
To be absolutely clear, YES, chapters can legally lobby. AFP chapters are organized as
501(c)(3) entities under the Internal Revenue Code – as are most typical charities. This
designation means that lobbying cannot be the main activity a chapter performs, but they
can certainly engage in some lobbying. The big question is, how much is legal?
Unfortunately, there is no clear answer. Section 501(c)(3) of the Code says that charities
may lobby, but not to any “substantial degree. But despite numerous requests over the
years to clarify and refine this statement, the IRS has refused to give any further
guidance. Based on a few historical cases, many observers think the “substantial” limit is
around five percent of a charity’s annual revenue, but no one knows for sure.
However, charities do have a second option. They can choose to select what is known as
the H election, a sliding scale that pegs clearly how much a charity can spend on
lobbying based on the organization’s annual revenue. Since the H election law has a very
narrow definition of what actually constitutes a lobbying expenditure, it is likely that
most charities will never come close to the limit.
Signing up to take the H election is easy. Chapters must fill out a one-page document
(Form 5768) that can be downloaded from the IRS website – www.irs.gov – under the tax
forms box. Send it in to the IRS, and your chapter is ready to lobby without fear of
reprisal or exceeding unknown limits.
Another question that members often have is whether or not they can lobby on behalf of
AFP, and if their lobbying jeopardizes their organization’s exempt status. As U.S.
citizens, members have the right to lobby their government on any issue. Accordingly, all
members can lobby on behalf of AFP without jeopardizing themselves or their
organization’s tax-exempt status (there are a few exceptions, but they are extremely
rare!).
One final thought to remember. The international association is a 501(c)(6) and can
legally engage in much more lobbying than a 501(c)(3) organization can. When AFP
International Headquarters sends out emails, alerts and other legislative materials, it is not
considered lobbying by your chapter. When your chapter members contact a local
government official in response to those emails, it is not considered lobbying by your
chapter. However, if your chapter follows up with its own email about a legislative issue,
then that would be considered lobbying by your chapter.
6
AFP’s Government Relations Program: An Overview
AFP’s activities in the public policy arena are coordinated by the U.S. Government
Relations Committee. The committee is comprised of members of the Association Board
and Delegate Assembly, as well as other interested individuals. With assistance and
guidance from staff, it helps to set and steer AFP’s government relations and public
policy agenda for the year.
The U.S. Government Relations Committee meets in person and via conference call
approximately five to six times per year. At each meeting, the committee discusses
upcoming legislation and regulations, decides AFP’s position on the issues, and
determines if any action is needed. It will usually focus on national issues, but will
occasionally take positions on state or local issues if a particular trend is occurring in
many different communities.
The Public Affairs Department at AFP’s International Headquarters is the section within
the AFP staff that is responsible for working with the U.S. Government Relations
Committee. The Public Affairs staff monitors fundraising policy across the U.S. and
meets and corresponds regularly with members of Congress, state legislatures and other
bodies (such as the Internal Revenue Service). Staff also assists the committee in
formulating strategies, preparing expert testimony and information briefs, and helping
AFP members make contacts with federal, state/provincial, and local policy makers.
Over the last several years, AFP’s government relations program has addressed numerous
issues, including:
•
•
•
•
•
•
•
Internet Fundraising;
Capital Gains Tax on Gifts of Appreciated Securities to Charities;
Donor and Medical Records Privacy;
Transferring Funds from an IRA to a Charity;
Charitable Non-itemizer Deduction;
IRS Oversight of Charities and Fundraising; and
Charity and Fundraiser state/provincial registration.
The U.S. Government Relations Committee is also involved in an ongoing initiative to
further enhance AFP’s government relations activities by encouraging members to
become involved in the legislative process. One of the products of that initiative is this
manual.
7
Roles and Responsibilities of Chapter Government Relations Chairs
Each AFP chapter should appoint a Government Relations Chair who is responsible for
keeping chapter members informed of important public policy issues related to
philanthropy and fundraising. The Chair acts as a liaison between the chapter and the
Public Affairs Department at the AFP International Headquarters.
The responsibilities of the chair are as follows:
•
Monitor local issues and report any developments to AFP’s Public Affairs
Department. Once AFP’s International Headquarters is aware of the issue, the Public
Affairs Department will notify the appropriate committee and other chapters as
necessary, and assist in developing a strategy and response.
•
Inform members of important developments and distribute appropriate
materials in a timely manner. From time to time, AFP will send out alerts to its
Government Relations Chairs that require immediate action. These Alerts should be
copied and distributed to chapter members. Chapters are encouraged to have an email tree or other system of streamlined communication in place.
•
Publish articles related to government relations in the chapter newsletter. It is
strongly suggested that Chairs write a column or article for their newsletter. Chairs
can use the information provided in the monthly Public Policy Update (see the
“Getting Started” section below for more information), or contact the Public Affairs
Department for ideas and information on appropriate topics.
•
Encourage members to write letters on public policy issues. Chairs should
encourage members to write letters on pressing issues, especially if a legislative alert
has been issued. All alerts will come with a sample letter, which members can use as
a base for their own letter. On state/provincial issues, chairs should consider sending
a letter to key officials from the chapter signed by the President and other chapter
leaders. The Public Affairs Department can assist with these activities.
•
Ensure at least one chapter meeting per year focuses on government relations.
Chairs should work with other chapter leaders to see that at least one of the chapter’s
regular meetings focuses on government relations and public policy. Such a meeting
can feature a presentation by a local elected official, a panel discussion of current
issues, or any other related activity. Contact the Public Affairs Department for more
ideas.
These are the basic functions of a chapter government relations chair and are discussed
throughout the manual.
8
Getting Started
Many chapters may not have extensive government relations programs in place. The
following activities and suggestions can help build a solid foundation for such a program
and make your job as government relations chair much easier.
1) Sign up to receive via email AFP’s Public Policy Updates. The Updates, which are
distributed to all interested members on a monthly basis, keep members informed on
what’s going on in the United States and Canada (both on the federal level and in the
states and provinces) with developments related to public policy and fundraising.
They are an invaluable source of information and can be used for articles in a chapter
newsletter. To receive the Updates, go to the AFP website (www.afpnet.org) and
click on the “Discussions” label on the right-hand side of the page under “Member
Gateway Quicklinks.” Type in your name and email address and click on Public
Policy Updates. Once the information is submitted, you should begin receiving the
Updates every month.
2) Review AFP’s weekly eWire newsletter. The eWire, which is distributed to
members on Monday of every week, contains stories and updates on issues of
importance to AFP and the fundraising profession. There are often stories related to
government relations in eWire, so be sure to look over the newsletter often.
3) Identify members of your chapter who are interested in government relations
and can assist you in some of your activities, such as monitoring state legislation.
Members who have served previously Government Relations Chairs may still be
willing to help out. Working in a small, informal committee can be less stressful and
provide more resources, experience, and confidence when working on government
relations. Several chapters use this approach and have a small Government Relations
Committee to oversee this area.
4) Query members of your chapter to see if they have contacts with any local, state,
or federal officials. When an important issue arises, the most critical contacts are
those personal relationships that chapter members may have with government
officials and politicians. Those members may not always be willing to use and push
their contacts for every issue, so it’s important to prioritize and make sure to contact
these members only when the situation absolutely warrants it. Use the Key Contacts
Sheet (in the appendix) to note which members know which officials.
5) Get to know your legislators. Find out if they have any particular philanthropic or
charitable interests. Nearly all legislators, both federal and state/local, have websites
that list biographical data. Sometimes staff can provide this type of information as
well.
9
Getting Started (cont.)
6) Gather government relations resource materials that will help members better
understand the legislative process. Libraries will have information on local
legislators, the function of various committees, departments, and agencies, and the
legislative process (both at the state and federal levels). Some states publish a
government handbook that contains such information. Others hold an annual
orientation workshop at the beginning of each state legislature session. Attending
such a session or getting these materials might not only benefit the chapter, but your
own organization as well. You can contact the AFP Public Affairs Department for
more information ([email protected]).
7) Use the Internet to keep informed of public policy developments. Almost all
states now have extensive websites that allow individuals to search for bills related to
a specific topic. Some sites have features that will alert users whenever a bill has
been introduced that contains a particular keyword as defined by the individual.
Using the Internet is a good way to keep informed of legislative developments. See
the sections on “Monitoring Issues” and “Helpful Websites” for more information
about monitoring issues and legislation.
8) Link with other nonprofit organizations that are involved in government
relations and develop allies. An excellent group to keep in touch with is your state’s
association of nonprofit organizations or similar entity. While each nonprofit will
have its own unique causes to address, fundraising issues cut across the sector and are
often supported by a variety of groups. Make alliance when you can to enhance your
efforts. AFP’s Public Policy Department can help you make contact with appropriate
organizations.
9) Plan how to integrate public policy into the chapter’s everyday events and
activities. Think long-term about planning to get government relations regularly
integrated into your chapter’s operations. Is it appropriate to get a local public official
to make some introductory remarks at a National Philanthropy Day event or other
chapter meeting? Is there enough interest to schedule a session related to public
policy at a chapter conference? Other events may also be appropriate venues to
integrate certain aspects of public policy and government relations.
10
Chapter Activities
So you’ve signed up for the Public Policy Updates, gathered some information about
state politics, and maybe even started an informal Government Relations Committee for
the chapter. You’re ready to go, but what do you actually do?
Below are some ideas and activities for starting an effective, pro-active chapter
government relations program. Some are more complex and involved than others. Start
easy and work your way up to activities like Chapter Lobbying Day!
1) Devote one chapter meeting every year to public policy. One of the key
responsibilities of a government relations chair is to ensure that one chapter meeting
every year focuses on the topics of public policy, government relations, lobbying
and/or advocacy. One popular avenue is to invite members of Congress or your state
legislature to speak. Even individuals in the charitable sector that follow public
policy closely (e.g. lobbyists for charities or related groups) may be appropriate and
can provide interesting information to chapter members. See the appendix on
“Legislative Workshops” later in the manual for more ideas.
2) Give a report on public policy at every meeting where appropriate. Look to
AFP’s Public Policy Updates and eWire articles for guidance and direction. Many
members may not have read the stories or just perused headlines, so reviewing recent
articles is a good idea. The key is consistency (giving reports at each meeting) and
constantly putting public policy issues in the spotlight.
3) Distribute all legislative alerts that you receive from the AFP International
Headquarters. While members may have already received the alert directly from
AFP, it is critical that chairs follow up with the chapter membership and encourage
them to respond. Appeals from a local individual may sometimes carry more weight
than an email from the International Office. Chairs should wait a day or two before
following up on legislative alerts, unless it’s clear from the alert that action is needed
immediately.
4) Ensure that articles related to government relations are included in your
chapter’s newsletters. Chairs should use material that is included in AFP’s Public
Policy Updates and eWire newsletter to write their own articles, or can simply copy
articles from the Update to their own newsletter (although it’s always a good idea to
personalize and localize the article if you can). Don’t worry about copyright – the
Updates and eWire are here to help you and your local chapter. So copy, edit, move
around, and summarize to your heart’s content. Some chapters just use short bullet
points for issues related to government relations and send members to AFP’s website
for more information. Links to AFP’s website are permitted and encouraged!
11
Chapter Activities (cont.)
5) Make a habit of regularly visiting your elected officials. Every chapter will be
represented by one or more members of the House of Representatives and two U.S.
Senators. The chair should lead a small delegation from the chapter to meet with
these officials as well as state legislators and regulators. Even if there is no pressing
issue, such a visit is an excellent opportunity to introduce AFP and begin to develop a
relationship. The chapter should get assurances that if the official introduces a bill
related to fundraising, the official will contact the chapter and get its perspective and
feedback.
The first visit is always the hardest to plan and conduct. But keep at it! You’ll
find that generally, they are relatively easy to arrange and don’t take that long
(government officials don’t have a lot of time to meet with everybody). Plus, it’s
always nice to report at a chapter meeting that you met with the local Representative,
Senator, state official, etc. These reports can create a lot of momentum for your
efforts and perhaps attract other members interested in government relations. See the
“Communicating with Officials” appendix for more information on setting up and
attending a meeting.
6) Schedule a legislative workshop or Chapter Lobbying Day. Instead of scheduling
a meeting with just one official, the chapter schedules meetings with many different
officials throughout the day. Members of the chapter meet at the state legislature and
spend the entire day meeting with officials and talking about important issues and
legislation related to fundraising. This activity requires a lot of planning but can
significantly raise the level of awareness about AFP, the chapter, and the profession.
Information about both of these activities can be found later in this document.
Appendix IV contains more information on Chapter Lobbying Day, while tips on
setting up a legislative workshop or session is in Appendix III.
7) Identify ways to involve government officials with your chapter. Inviting them to
a National Philanthropy Day event is one. Officials could be asked to issue
proclamations for various chapter events. Officials could also be invited to tour the
facilities of local nonprofits and get a first-hand look at how charities impact the
community. Chapters should not forget about recognizing officials when they do
something good. A well-timed press release about a legislator introducing a charity
bill will do much to build goodwill towards your chapter.
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Secrets of a Successful Government Relations Program
Running a successful chapter government relations program is more of an art than a
science. Because every state has different legislative cycles and priorities, what is
“successful” for one chapter may be very different from for another. However, there are
some universal tips and guidelines that may help guide chapters in developing their
government relations programs.
•
Slowly build the program and don’t expect results overnight. Understand that
public policy is not always an issue to which most members will naturally
gravitate, unless there is a crisis or a very big opportunity. The connection
between fundraising and public policy is not as clear as an activity related to
increasing membership or National Philanthropy Day. But experience has shown
that most chapters appreciate an effective government relations program,
especially when the need is greatest. Don’t expect to get the entire membership
involved in government relations, but make sure members are hearing about
issues on a consistent basis and are prepared to act when the situation demands it.
It may be very helpful to recruit a small group of members who are committed to
working on government relations.
•
At its heart, lobbying is a lot like fundraising. Government relations, like
fundraising, is all about creating relationships. Similar to cultivating a donor, a
chapter should cultivate elected officials – educate them about the profession and
AFP, invite them to events and acknowledge them when appropriate. Becoming a
resource to a legislator is helping them address their needs, whether it’s
research/anecdotal evidence (“How are local charities being affected by the
economy?”); opinions and perspective (“How would this provision impact
charitable fundraising?”); public relations (inviting an elected official to an
National Philanthropy Day or other event); or public support for a bill (increasing
public awareness of particular legislation). All of these activities are goals for the
chapters and its government relations program.
•
Try not to mix personal politics with issues and legislators. Many times, you
may have to work with legislators and politicians with whom you do not agree
with on many important issues. This can be difficult at times, but such is the
nature of government relations. AFP’s public policy goal is to help enact
legislation that advances fundraising and philanthropy. That requires working in a
bi-partisan fashion with all legislators and officials that support charitable giving.
If philanthropy ever becomes a partisan issue, it would spell trouble for the entire
sector. You are not doing your chapter, your organization and the profession any
good by letting your personal views interfere with your work as government
relations chair. Working with all parties is part of the job.
13
Secrets of a Successful Government Relations Program (cont.)
•
Regulators are just as important as legislators. Once a law is passed,
regulations still have to be written that explain how the law will be implemented.
Officials on the regulatory side (such as your state charity officials in the Office
of the Attorney General or Secretary of State) are very critical. While legislators
will only be addressing charity issues on occasion, regulators are examining
charitable activities all the time. Legislators often look to regulator for
recommendations and advice before introducing bills. Getting to know your
state’s regulators can provide great insight about how the state views charities and
what kind of government efforts may be initiated in the future. Most of the
information in this manual applies equally to regulators.
•
Know your allies and enemies. Before you begin any sort of lobbying, you
should know which legislators, regulators, council members, etc. support you and
which may have concerns and questions about your cause and organization.
Some charities may not have enemies per se (who’s against finding a cure for
cancer?), but there may be individuals who have bones to pick with your cause,
fundraising in general or the entire sector based on a previous bad experience.
You may not know about these personal experiences and likes/dislikes until you
meet with the individual, but the more you can find out ahead of time, the better.
Most legislators have bios on their web pages that contain information that may
be helpful.
•
Work together. Chapters have limited resources, so work with other charities
that have similar goals. Charities working on similar causes should form a
coalition to strengthen their efforts and limit the work load of each individual
organization. One charity works on Issue A, while another organization takes the
lead on Issue B. In lobbying, there is rarely any sense in re-creating the wheel.
Collaborations are more efficient and more powerful (after all, legislators want to
see that your issue has broad appeal). Just as the AFP International Headquarters
works in coalitions on national issues, chapters are encouraged to reach out to
local organizations (a state association of nonprofits, other fundraising groups,
etc.).
•
Cultivate a champion. One inspired and dedicated legislator who will fight for
your cause is better than ten or twenty individuals who are only lukewarm about
your issue. It can take a while, but having someone who believes in your
organization as strongly as you do, but who just happens to have a vote in the
legislature, is a powerful asset. Again, look to past experiences (alma maters,
services on boards, etc.) to find legislators who might make the right fit, but don’t
overlook anyone. Once you’ve identified, that official should become your prime
target. This is your “major donor,” so to speak, so cultivate him or her like one.
14
Secrets of a Successful Government Relations Program (cont.)
•
Always be nice. Whether you win, lose or draw, always be nice and polite.
Remember that as much as you may hate the opposition, they are people too and
probably believe in their side as much as you believe in yours. You’re probably
not going to change their beliefs, so be polite and look for ways to work together
if at all possible. Your enemy on one issue could be your ally on the next.
•
Always be honest. Once you start providing half-truths or misstating facts, your
credibility becomes suspect. And once that happens, lobbying is difficult if not
impossible. If you don’t know the answer to a question, say so and promise the
person you’ll get them the full and complete answer as soon as possible.
•
Become an information provider. A recent study by Professor John Berry at
Tufts University measured the lobbying effectiveness of 1,700 charities by
examining how often government contacted them. The best predictor of
government contact was in the context of information provision. “If you get
contacted a lot, you become part of the government’s information base,” says
Berry. “Thus, the goal of a charity in lobbying is to become an information
partner with the government and be seen as an expert on the issues you work on.”
Berry encourages charities to forward to legislators information that they produce
– studies, analyses, reports, information about program impact, new trends and
issues. Yes, it can be a little self-serving, but that’s how the process gets started.
Government can’t contact you if they don’t know you exist,” Berry adds.
Chapters should consider sending key legislators and regulators reports, releases
and other information that they might find of interest. After all, they live in your
community too and want to know what’s happening and how they can help. Most
of the time they may ignore you, but every now and then you may send them
something that may be useful. Legislators particularly like studies and material
that provide them facts and statistics about the communities they serve.
•
Follow up. If you tell someone you’re going to do something, do it – and do it
promptly. It’s the only way to ensure your issue is getting the attention it
deserves. Government officials, especially legislators, handle many issues every
day. But it’s your issue that needs to be on the front-burner. Following up with a
phone call is a good way to continue cultivating a relationship and ensure your
issue is being addressed.
15
How a Bill Becomes a Law: The Legislative Process
The following describes how a bill in the U.S. Congress goes through the legislative
process. Most states will have similar models. A bill can begin the process in either the
House of Representatives or the Senate (although all tax bills are required to be
introduced in the House).
1)
Introduction of Bills
Once a legislator sees a need to introduce legislation, his or her staff will write the
legislative language. In the House, the bill is distributed to the Clerk of the House. In the
Senate, the Senator must gain recognition of the Senate floor from the presiding officer
and then announce the introduction of the bill.
The bill is then numbered and referred to the appropriate committee for consideration.
Most bill prefixes will have either HR in the House or S in the Senate (e.g., H.R. 7, S.
476). There are other types of prefixes (e.g., HJ Res. For House Joint Resolution, S Con
Res. for Senate Concurrent Resolution), but these types of prefixes are rare and used for
legislation that affects the operations of Congress or proposes amendments to the
Constitution.
2)
The Committee Process
Nearly all bills are referred to the appropriate standing committee. Bills relating to
charitable deductions and the oversight of charitable organizations are usually sent to the
House Ways and Means and Senate Finance Committees.
Bills generally receive the most scrutiny and analysis at the committee level, and this is
where outside parties like charities can have the most impact on the bill. It is also where
most bills stop in the legislative process. If the chair or a member of the committee is not
interested in considering the bill, then it usually just languishes at the committee until the
legislative session ends.
If there is interest in the bill, then the chair of the committee usually refers it to a
subcommittee for analysis and study. Hearings are often scheduled to get the opinions of
outside parties. A subcommittee, after considering a bill, reports to the full committee its
recommendations for future action on the legislation, including any proposed
amendments. However, a bill doesn’t have to be referred to a subcommittee and can be
initially considered by the full committee.
A markup is a meeting of the committee where it literally “marks up” the bill and
proposes amendments. Once all amendments have been considered, the committee votes
on whether to recommend the bill to the full body (“ordering a bill reported”). If
substantial amendments have been made, then often a “clean” bill is introduced (with a
new bill number) that incorporates all of the changes.
16
How a Bill Becomes a Law: The Legislative Process (cont.)
3)
Floor Action
Once a bill has been reported out from committee, it must be placed on a legislative
calendar in order to receive consideration by the full body (either House or Senate).
House and Senate floor action vary greatly.
In the House, debate is much more limited and controlled. For each bill that is
considered on the House floor, the House Rules Committee passes a rule defining how
debate will occur (how much time, how many amendments, etc). The full House must
vote to accept the rule. Debate then begins, and afterwards, the House votes on the bill.
In the Senate, debate is much more open and is usually unlimited. Debate can only be
halted if a three-fifths majority of the entire Senate agrees (a “cloture” vote). While in
practice Senators often have working agreements on how long debate will last, debates on
contentious issues can result in very dramatic cloture votes as one side seeks to
“filibuster” (continue consideration so as to never have to vote on the bill) and the other
seeks to end debate.
4)
Action in the Second Body
Once a bill is approved by one body, it is sent to the other chamber. The second body
can pass the bill as it stands, reject the bill, or send it through its own legislative process.
Often, the second body will be working on its own version of the bill and will simply
ignore the bill passed by the first body.
The second chamber may pass the bill “as is” or make only minor changes. If the other
body agrees to the changes (if there are any), then the bill is sent to the President for his
signature and enactment into law. However, if significant changes are made, or if both
chambers pass two completely different versions of the same bill, then the legislation is
referred to a conference committee.
5)
Conference Committee
At a conference committee, senior members of the House and Senate work out the
differences between two different versions of the same bill. These members
(“conferees”) usually try to compromise to reach an agreement, but many bills have been
stuck in conference as neither chamber wants to budge on its version of the legislation.
17
How a Bill Becomes a Law: The Legislative Process (cont.)
6)
Final Action
Once a bill has been passed by the House and Senate in identical form, an enrolled bill is
prepared in the chamber in which the legislation was first introduced. This enrolled
version is signed by the Speaker of the House and president of the Senate, and then sent
to the White House.
The President has several options. He can sign the bill and it becomes law. He can veto
the bill by refusing to sign it and returning it to Congress within ten days with a message
stating his reasons. The president can also decide not to act. If the ten days expires and
Congress is in session, the bill becomes law. If Congress has adjourned before the ten
days limit, and the president has not acted, it does not become law (a “pocket veto”).
Congress can attempt to override a vote, but it requires a two-thirds majority in both
bodies.
7)
Regulations
While not officially part of the legislative process, the development of regulations is a
critical step in the creation of public policy that is often overlooked. Essentially, a
regulation is how the executive branch of government decides how legislation will
actually work. After all, legislation is simply what Congress or your state legislature
wants to happen. But what the legislative branch wants and what the executive branch
actually does are not always the same thing.
After a bill is signed into law, the appropriate agency of the executive branch of
government typically has a certain amount of time to develop regulations that will
implement the law’s requirements. For charitable fundraising laws, it is usually the
Secretary of State or Attorney General, depending upon the particular state. After initial
regulations are introduced, interested parties have a certain amount of time to file
comments, and often hearings are conducted. Final regulations are usually issued at that
point, but if the issue is especially contentious, a second round of draft regulations might
be issued.
The regulatory process is another opportunity for chapters to influence public policy.
Legislation is often broad and does not always touch on all the details of a particular
issue. Thus, regulations have to be very thorough and complex, and often organizations
can affect the language of regulations so as to increase or decrease the impact of a law. If
the executive branch does not necessarily agree with what the legislative branch did, or
has a dramatically different interpretation of the law, it can make for some very
interesting regulations.
18
Monitoring Issues
One of the essential functions of a chapter government relations chair is to monitor
legislation and regulations on the state and local level. AFP International Headquarters
spends a lot of time monitoring hundreds of bills and regulations and analyzing which
proposals are most likely to see consideration. However, just given the number of
proposals across the country, it’s important for chapters to monitor activities on the state
and local level as well.
On the federal level, members can track legislation in Congress using THOMAS, the
online system from the Library of Congress. The address is http://thomas.loc.gov (no
“www” is needed). Bill numbers of key words can be entered into the search engine, and
bill summaries, histories and complete text can be obtained through THOMAS.
Most states now have online tracking systems as well that are open to the public, usually
accessible at the website of the state legislature. Also, many systems allow users to
create lists of priority bills and receive emails when those bills move through the
legislative process.
If you don’t know a specific bill number or simply want to see the types of bills that have
been introduced that affect fundraising, the best keyword search to conduct is usually
“charitable solicitations.” Other terms that often bring good results are “charitable
organization”, “charitable fundraising” and occasionally “nonprofit organization.”
If chairs see bills that are moving through the legislative process, they are encouraged to
contact the AFP Public Affairs Department at (800) 666-3863 or [email protected].
AFP International Headquarters stands ready to help chapters analyze legislation, assess
the impact, and activate members if a response is needed.
Regulations can be tougher to monitor and track. However, there are generally fewer
regulations that might be introduced at one time. Since regulations are created in
response to newly created laws, chapters will generally have a good idea as to when they
might be proposed (when a bill is signed into law, regulations will be forthcoming). The
charities division of the Attorney General’s or Secretary of State’s office will often know
what kind of regulatory proposals will be considered during the year. Check their
website and/or give that office a call.
Another good way of monitoring legislation and regulations is to get to know officials
well enough so that they contact the chapter when they’re considering issues related to
charitable fundraising. It’s not nearly as difficult as it sounds. Invite a charity regulator
or staff person to a chapter luncheon, follow up with an email every now and then, and
you’ll probably create a good contact who’ll be happy to alert you to upcoming
proposals.
19
Helpful Websites
THOMAS: http://thomas.loc.gov – Congressional information site of the Library of
Congress. Allows you to search for legislation introduced in the House and Senate.
Contains links to the House and Senate websites, including committees and schedules for
both bodies.
Directory of U.S. Senators:
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Directory of U.S. Representatives: http://clerk.house.gov/members/index.php
The White House: www.whitehouse.gov – In the left hand column, there are links to
various offices, including one for the Office of Faith-Based and Community Initiatives,
which contains information on most of the President’s charity initiatives.
The Internal Revenue Service: www.irs.gov – A difficult site to navigate on occasion,
but it does have some good information and guidance for charities, especially on valuing
contributions and substantiation. Charity information can be found by clicking on
“Charities and Other Nonprofits” in the left-hand column.
THOMAS State Services: http://thomas.loc.gov/home/state.htm – Another product of the
Library of Congress, this site is the place to start to get information about state
government and legislatures. Click on the appropriate start and begin drilling down to
your state legislature’s website. Once you’ve reached your destination, be sure to
bookmark that page. (Of course, a good Google search usually works just as well!).
NASCONET: http://thomas.loc.gov/home/state.htm – The website of the National
Association of State Charity Officials. You might not use it often, but it does contain
some good information and direct links to each state’s charity office (these can be
occasionally difficult to find, depending on the user-friendliness of each state’s website).
The site is now occasionally updated with news stories affecting charities and charitable
fundraising.
AFP Public Policy: http://www.afpnet.org/public_policy – The public policy section of
AFP’s website with information on current federal and state issues, including AFP’s
monthly Public Policy Updates.
VoteforPhilanthropy: www.voteforphilanthropy.org – Vote for Philanthropy is the result
of a partnership between AFP and the U.S. Chamber of Commerce. The website is
nonpartisan and contains several resources for AFP members. See next page for more
details.
20
Vote for Philanthropy
The Vote for Philanthropy website is the product of a partnership between AFP and the
U.S. Chamber of Commerce. As 2004 is a critical election year with the Presidency, 34
Senate, and all 435 House seats up for grabs, it is important that fundraisers use their
right to vote and choose their elected leaders.
Vote for Philanthropy is a nonpartisan site that can provide a number of services to AFP
members.
1) Members can register to vote on the site. Once they fill in their information, the
site will create a ready-made letter that the member can mail to the appropriate
office to get registered.
2) Members can request absentee ballots on the site. The site will create a readymade letter that the member can use to request an absentee ballot.
3) The site contains links to all candidates running for federal office (this includes
the Presidency and Senate and House races).
4) The site provides information and website links to all federal and state legislators
that represent a particular member. When an AFP member goes to the site for the
first time, he or she will be asked for address and city, state and zip code
information. The site will use this information to list the appropriate legislators.
5) Later in the year, AFP may list how Representatives and Senators in Congress
voted on legislation that affects charities and charitable fundraising.
Government relations chairs should note that the information the members provide will
not be used in any way. It is only requested so that each member’s particular legislators
can be listed and to help in creating voter registration and absentee ballot letters.
The use of this site by AFP and its chapters is completely legal. The site is purely
nonpartisan, does not favor any candidate or party, and merely provides information and
web links. Associations and charities are allowed to do some limited voter education
work, such as encouraging registration of voters.
AFP encourages chapters to create a link to the Vote for Philanthropy website on their
chapter website.
If you have questions about the site, please email [email protected].
21
Conclusion and Overview
The AFP Public Affairs Department appreciates your service this year as your chapter’s
government relations chair. We understand there is a lot of information in this manual
and it can be difficult to digest it all in one sitting. However, we hope it will be a helpful
resource throughout the year.
AFP encourages you to take your time in reviewing this material. Please fee free to make
as many copies as you would like and distribute to your government relations committee
or other interested members.
AFP International Headquarters is frequently asked what it would like to see chapters do
in the government relations arena. While our ultimate goal is see all of our chapters
performing many, if not all, of the activities listed in this manual, we know that many
chapters are at different stages in their government relations program. Therefore, we
believe the following activities are appropriate for any chapter, even if it is just starting
its government relations program:
•
•
•
•
•
Give a report on government relations at every meeting.
Ensure that one meeting every year focuses on government relations, lobbying
and advocacy (or hold some sort of workshop or panel).
Follow up on all legislative alerts and encourage members to write letters on
urgent issues.
Meet with at least four government officials in their offices every year (federal or
state officials, legislators or regulators)
Invite at least one government official to an AFP event, such as National
Philanthropy Day.
If you ever have any questions about government relations, feel free to contact the Public
Affairs Department:
AFP Public Affairs
Walter Sczudlo, Executive Vice President, Programs and Policy
Michael Nilsen, Director, Public Affairs
Gaynor Huey, Assistant, Public Affairs
1101 King Street, Suite 700
Alexandria, VA 22314
Telephone: (800) 666-3863
Fax: (703) 685-0540
Email: [email protected]
22
Appendix I: Communicating with Officials
Letters
The most common way charities tend to communicate with government officials,
especially when lobbying, is by writing a letter. Make no mistake; it is fairly likely that
your letter will be briefly scanned by a staff member and filed away to receive a generic
response.
But every now and then, legislators do spend the time reviewing letters on certain issues.
In addition, most offices do pay attention to how many letters they receive on a particular
subject. So go ahead and write – a lot! While there’s no absolute right way to do it, here
are some tips:
•
In general, you only need to contact the government officials who represent
you. If you live in Texas and write to the Senator from Louisiana, you can be
assured that your letter will get thrown away. Even if you’re writing to the
Representative who represents the district next to you, odds are your letter will be
trashed or simply forwarded to your Representative. The only exception would
be writing to the Speaker of the House or the chair of a particular committee on a
very important issue. In rare cases, you might want to get a lot of members to
write to an official and his/her office with letters to show the grassroots support
on an issue. This method can be effective, but can have its own consequences and
should only be used rarely.
•
Local impact is critical. As the saying goes, “all politics is local.” In any
communication, but especially a letter, explain succinctly how the issue will not
only affect your organization, but the local community. Use numbers and
statistics whenever possible (“My organization feeds 5,000 people everyday, and
Bill 1 will allow us to…”). Elected officials are supposed to represent their
constituents, and most of them take that responsibility very seriously. The more
clear and direct you can be in your description of the impact on the official’s
constituents, the more impact your letter will have.
•
Don’t email it. Legislators, especially federal representatives, receive more
email than they can respond to, and many of them don’t pay as much attention to
email as they do letters. Take a little extra time and mail or fax your letter. And
unless time is of the essence, write – don’t call. Writing is just a more powerful
medium in the lobbying world.
•
If you’re writing from a sample letter, change the wording around or (even
better) use your own words. Once offices begin seeing the same letter several
times, they tend to ignore it. In addition, using your own words gives the letter
your unique style of writing – an authentic voice that legislator and staff respect.
23
Communicating with Officials: Letters (cont.)
•
Use the first sentence to explain why you’re writing and the issue involved.
(“Please support Bill 1.” or “I am writing to urge you to support Issue A.”)
Otherwise, you are more likely to either have your letter ignored or annoy the
staff person reading the letter. Neither are favorable outcomes for your lobbying
efforts.
•
If you know the legislator or spoke with him/her recently, mention that very
early in the letter. (“It was great to see you at the event last Saturday, and I’m
writing to follow up on our conversation about charitable fundraising…”).
However, don’t be arrogant or stuffy about your connection or relationship with
the official. And if you know the official, don’t mark the letter “Confidential and
Personal.” You are simply asking for the first available staff person to open up the
letter.
•
Length is up to you, but don’t make it too long (more than two pages) unless
you’re providing information about a report or explaining a very complex issue.
Some lobbyists think very short letters are best. Others think longer letters are less
likely to be perceived as form letters and staff will take a little extra time in
perusing them.
Meetings
Writing letters is a good way to keep in touch with official and their staff, but nothing is
better than a meeting for raising the profile of both your chapter and your issues. But
chapters shouldn’t schedule meetings with officials just to say hi. While meetings are
good ways to introduce your chapter, you should always have a good reason to set up a
meeting. The most common is the introduction of a new bill or a new set of regulations.
Before chapters begin to schedule meetings, they should think about these questions:
1. Why are we setting up this meeting, and what do we want to accomplish?
Make your goal as specific and as action-oriented as possible: Support a bill (or
regulation)? Oppose a bill? Offer an amendment? Introduce a bill?
2. Is this the right person to be meeting with? Of course, chapters will want to
meet with officials who represent them. But equally important, think about what
kind of influence the official has on the issue. Does he or she sit on the
committee that will be examining the issue? If so, that official will have a lot
more influence than another official who doesn’t.
24
Communicating with Officials: Meetings (cont.)
3. Is the issue timely? While it’s nice to give a legislator a heads-up that a bill will
be introduced in six months, that’s not always a great reason for a meeting
(perhaps a phone call to staff might be better). However, if the chapter wants the
official to lead the effort and some initial groundwork needs to get done, then
meeting that early in advance makes sense.
4. Consider your timing. If you want an official to oppose an issue, don’t wait
until a day before the vote to set up a meeting. By that time, his or her position is
probably pretty firm. It would be better to meet with the official as the bill was
being introduced so the chapter could convince him or her on the issue. The
official would also have time to speak with colleagues and perhaps convince
others of your view.
5. How many members should we bring? No more than five, and three or four
probably works best, as that allows some diversity of organizations and causes to
be represented. Most offices, especially on the state level, tend to be small, so
any more than four or five tends to present logistical problems as well.
6. Who should we bring? Try to find at least one member who has some
connection to the official, which is usually possible on the local and state level,
but a little more difficult on the federal level. This is a great way to “break the
ice” as the meeting begins and get everyone comfortable. But it doesn’t matter if
you don’t have anyone who knows the official. They’re here to serve and will
respond to constituents’ issues, especially if they’re elected.
Once you actually have a meeting set up, it’s usually a good idea to have all participants
get together ten or fifteen minutes ahead of time to discuss how the meeting will go.
Meetings with officials can go better if participants understand their roles.
Usually someone is assigned to “lead” the meeting, introducing the chapter and its issues
and why they are here. Typically, there’s someone who knows the intricacies of the issue
better than others and is called upon to explain the some of the more technical details.
Others often chime in with how the issue will affect their organizations. Of course, these
are not strict roles that everyone has to stick with, but it’s good to have a general sense of
how the meeting will flow.
Page 27 contains an example of strategy discussion for a typical meeting.
25
Communicating with Officials: Meetings (cont.)
Once you get to the meeting, there are a few more guidelines and points to consider:
•
Arrive on time but be prepared to wait, especially if you’re meeting with a
legislator and the legislature is in session.
•
Get to the point and do not waste time. Introduce yourselves, talk a little about
your organizations, and then address the reason why you are there. If the
legislator wants to speak about other matters for a little while (particularly if you
have brought a personal friend), enjoy the conversation. But even back home in
the district, a legislator frequently has an extremely busy schedule. Thirty
minutes is generally the most time you will have, and fifteen minutes is average.
•
Be mindful of with whom you’re speaking. Lawmakers tend to be interested in
the basic story of your concerns, not the details. A few statistics and a couple of
anecdotes will usually be all they need. On the other hand, many staffers will be
quite knowledgeable about issues and will want to hear more specific
explanations.
•
Prepare a one-page fact sheet/position paper. Any supporting documents you
hand over to a lawmaker should be brief, concise, and to the point. “One pagers”
with bold type and a few bulleted points are quite effective. Attach longer,
supporting documentation if necessary, but do not depend on someone reading it.
The AFP International Headquarters can assist you in providing data and
preparing appropriate material.
•
Be polite. If the lawmaker does not agree with you, find out why. Try to come
up with a counter-argument, but don’t push too hard. If you cannot reach
agreement, thank the official for his/her time and write a nice thank-you letter.
Remember, an opponent on one issue may be your closest ally on the next.
•
Be sure to follow-up after the meeting. Contact the office a week after the
meeting and inquire as to the status of your request. Your entire effort can be
wasted unless you keep your issue on the “front burner.”
26
Communicating with Officials: Meetings (cont.)
Sample Meeting Strategy
Five members of a chapter are discussing their upcoming visit:
Aaron – chapter government relations chair, works for local arts organization
Betty – works for local college
Cathy – works for community health foundation
David – private consultant
Elizabeth – works for religious institution
These members are meeting their local U.S. Representative. They asked for the
representative’s bio in advance and found that he spent two years studying at the college
for which Betty works, and in the past has served on the board of several arts
organizations.
The group decides that the goal of the meeting will be to educate him about AFP and the
fundraising profession, and ask for that he cosponsor H.R. 7, the Charitable Giving Act.
After introductions, Betty will discuss the typical work of a charitable fundraiser. Aaron
will then talk about AFP and its focus on ethical fundraising. The members agree that
this discussion will “set the table” for the rest of the meeting and dispel any
misunderstandings or misperceptions that the official may have. Betty can also bring up
the official’s connection with her college, further “breaking the ice” and creating a
positive atmosphere for the meeting.
Once the official has a fair understanding of AFP and the profession, the group will move
discussion towards legislative issues. Cathy would benefit greatly from donors being able
to roll over funds from their IRA to a charity. Other members will also offer their own
testimonials about how such a bill would benefit their organizations. The same will be
done with the non-itemizer deduction, only David will lead the discussion.
The group decides that this rough outline is sufficient. If the official responds positively
to the group, Aaron will include in the thank-you letter an invitation to speak at a chapter
function.
27
Appendix II: The Importance of Staff
Sometimes, a chapter may not be able to meet with the official and have to meet with the
official’s staff. Don’t be too disappointed – often, staff has greater insight into the
complexities of an issue than the official. Many officials rely heavily on the analysis and
opinion of staff; after all, many officials have to address scores of issues everyday. It’s
nearly impossible to be completely updated on each issue, so staff plays a critical role in
helping officials make decisions.
Staff is also more accessible. While legislators are not typically going to respond
personally to letters or phone calls, staff will. Important relationships can be developed
with staff that will benefit the chapter. Staff should never be overlooked.
In Congress and other legislatures, there are two different kinds of staff: personal and
professional. Personal staff are the individuals who work in an official’s office and
handle mail, analyze issues, speak with constituents and generally have close contact with
the official and his/her district. When a chapter calls a legislator’s office, it will usually
be dealing with personal staff.
Professional staff work on committees and focus on specific issues related to the
committee’s jurisdiction. Officially, they work for the chair of the committee, but many
tend to stay at the committee even when the chairmanship changes. These individuals
know their subject matter very well. Chapters are encouraged to get know staff members
in committees who handle charitable fundraising and nonprofit issues.
In the House of Representatives, the Ways and Means Committee (and in particular, the
Oversight subcommittee) has jurisdiction over nonprofits. In the Senate, the key
committee is the Finance Committee. Since state oversight of nonprofits tends to deal
more with registration and less with tax issues, chapters should look to committee that
have jurisdiction over nonprofits, professional codes (for the fundraising profession) or
general government. Every state will be different.
The key rule for dealing with staff is simple: treat them like they were the elected official.
What you say in a meeting with staff will be conveyed to the official, especially if you
are rude or disrespectful. More than one meeting has been canceled or gone poorly when
someone who was waiting in a Congressional office made a snide remark that a staff
overheard and conveyed to the elected official.
28
Staff Titles and Roles
The following staff titles and functions are those most often found in a Congressional
office, but many state officials’ offices will have similar staff responsibilities. Titles vary
from office to office, but a typical office will include these staff members:
Chief of Staff or Administrative Assistant (AA): This person is the top staff position in
an office and reports directly to the elected official. He or she works very closely with
the official in analyzing legislation, handling key constituent requests, and the political
impact of all decisions. This position supervises other key staff in the office.
Legislative Director (LD) or Senior Legislative Assistant (Sr. LA): The primary staff
person who monitors legislation and makes policy recommendations to the official. If the
official serves on a committee, the LD is usually the person who handles committee
matters. Typically, one or two Legislative Assistants (LAs) serve under the LD and are
assigned particular areas or committees to monitor.
Legislative Correspondent (LC): This position works closely with LAs and the LD to
write responses to the many letters the official receives everyday. An office may have
more than one LC, and sometimes this position may also monitor legislation as well.
Press Secretary or Communications Director: This position’s primary function is to
facilitate good relations and communications between the official and the media, and to a
lesser extent, constituents and the general public. This position is constantly looking for
media coverage, something that charities can often provide.
Appointment Secretary, Executive Assistant or Scheduler: This position handles the
official’s schedule, travel arrangements and other administrative matters. If a chapter is
scheduling a meeting or inviting the official to an event, this is the person the chapter will
probably talk with. This position often knows the official very well. Be nice to everyone
in the office, but especially the scheduler!
Staff Assistant: This position serves at the front desk of an office and greets constituents,
opens mail and handles many other administrative duties. This is the position where
individuals new to the office and public policy usually get their start.
Caseworker: Most often found in an elected official’s home district, the Caseworker
helps constituents with their request and problems related to the government.
Caseworkers in a Member of Congress’ office often help with issues related to Social
Security, passports and immigration, veterans’ benefits and others.
29
Appendix III: Legislative Workshops
A legislative workshop can be one of the most effective ways to introduce your local
elected officials to AFP and make them aware of current issues that need to be addressed.
It can also serve as a forum to network with other AFP members and learn about federal
and local issues that affect philanthropy. A well-planned legislative workshop can
provide many dividends and increase your chapter’s reputation both at the state and
federal levels.
A typical workshop might begin with a breakfast and a few words from the Chapter
President. Immediately following the breakfast, a speaker (ideally, a member of the State
Legislature or Member of Congress) would deliver a presentation on the not-for-profit
sector and any current issues. A short question-&-answer period would conclude the
talk. After the presentation, the workshop would then turn to specific lobbying
techniques, how-to’s, and other methods of advocacy.
These discussion groups would be followed by lunch. In the afternoon, there might be
more discussion groups, hands-on training classes, or (if at a state capital) visits to the
offices of state legislators. Of course, every workshop will be different, and some might
only be a half-day or even just a couple of hours. Each will have its own agenda, but the
emphasis should always be on getting your members involved in government relations
and having them interact with local officials.
If your chapter is just getting started in the government relations area, a smaller and
shorter workshop is probably more appropriate. One strategy to attract participants is to
combine a legislative workshop with another session focusing on an issue of broader
interest that still relates to the government. Chapters could hold a session on government
grants and understanding government culture. After a short break, a speaker could
discuss current legislative issues and then the hands-on training could begin.
A good time to schedule a workshop is when Members of Congress are back home in
their districts for a significant period of time. While each state legislature has its own
schedule, Congress has several recesses scheduled throughout this year. If your chapter
wants to have a Member of Congress attend a workshop, it should consider these dates
for 2004: March 15 - 19, April 12 - 16, May 24 - 31, June 28 – July 5, July 16 –
September 6. The target adjournment date is October 1. Mondays and Fridays are usually
good days as well, since often Congress does not take any recorded votes on those days.
The Public Affairs Department at the AFP Service Office can help each chapter in
presenting a legislative workshop. For more information, call 1-(800) 666-3863 or email
[email protected].
30
Appendix IV:
AFP Chapter Lobbying Day
Chapter Lobbying Day is an activity where AFP chapters visit their local elected officials
and discuss public policy issues related to fundraising and philanthropy. The goals of
Chapter Lobbying Day are three-fold:
1. Introduce chapters and members to the government relations process;
2. Create relationships with local elected officials;
3. Gain support for key legislative initiatives.
A Chapter Lobbying Day activity is a fairly complex activity that should probably be
only undertaken if: a) the chapter has a fairly active government relations program; b) the
chapter has a good government relations chair or committee who can provide sufficient
support for the activity; and c) there is a clear and compelling reason to visit these
officials.
The third reason is especially important if the chapter is going to use Method I, whereby
members of the chapter hold meetings with a series of officials throughout the day. The
chapter should have a very clear public policy goal in mind to meet with these officials.
Method II, whereby a chapter holds a legislative breakfast and invites a couple of
officials to attend, is more informal and is a better activity to introduce members to the
government relations process.
Method I: Office Visits
Ideally, a chapter should visit two to four different officials. Chapters can visit either
federal or state officials. Members of Congress are good offices to visit, as are state
legislators and regulators. Each state has two Senators, plus a number of Representatives
based on the state’s population (every state has at least one). Most AFP chapters will
cover geographic areas that include at least two different Congressional districts, and
chapters in large urban areas will have several Representatives from which to choose.
More rural chapters may have to focus more on state officials.
Chapters should only try to meet with those officials that represent them (i.e. they live or
work in the official’s district). Elected officials will generally not be interested in
meeting with members who are not constituents unless there is some sort of strong
personal connection between a member and the official.
Anywhere from two to six members should attend each meeting; an ideal number is four
or five, allowing maximum conversation without overwhelming the official. Each AFP
member does not have to attend every meeting! In addition, all of the meetings do not
have to be scheduled on the same date if schedules dictate otherwise.
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Chapter Lobbying Day
Sample Steps/Timeline
1. Develop list of officials to visit and members willing to attend meetings.
2. Schedule meetings and allocate members to each meeting. Appoint leader for each
meeting. Distribute talking points and lobbying tips.
3. Fax back information to AFP Service Office.
4. Meeting leader to “script” each meeting with guidance from government relations
chair (who will start the meeting, who will bring up each issue, etc.).
5. Receive AFP folders from Service Office; distribute to meeting leaders.
6. During the week before the meetings, confirm each visit.
7. Meet with officials, leaving folder and appropriate information.
8. Send follow-up letter, thanking official for his/her time and asking for action on a
certain issue.
Members
Government relations chairs should compile a list of members willing to participate,
including how many meetings each member is willing to attend. With three to five
members attending, a meeting with an official can last roughly from thirty to forty-five
minutes. Chairs should encourage as much participation as possible, but also encourage
interested members to attend more than one meeting.
Issues
There are a number of issues which chapters can advocate for on Chapter Lobbying Day.
One bill that AFP has been working on is H.R. (House Resolution) 7, the Charitable
Giving Act. Its companion bill in the Senate is the Charity Aid, Recovery and
Empowerment (CARE) Act. These bills contain several important incentives for donors
to contribute to charity, including the Charitable IRA Rollover and the Non-itemizer
Deduction. For more information about these bills, go to the Public Policy section of the
AFP website (www.afpnet.org).
Other issues abound, including privacy and registration. AFP can work with each chapter
to develop state-specific information.
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Chapter Lobbying Day
Issues (cont.)
There are certain issues that should always be discussed and emphasized during all visits,
including:
•
•
•
•
•
AFP and its mission statement;
Code of Ethical Principles & Standards of Professional Practice;
Donor Bill of Rights;
CFRE Credential; and
Using AFP as a resource.
These items should be discussed at the beginning of the meeting to ensure that the official
knows about AFP and its focus on ethical fundraising. It is important that officials
realize that your chapter is one of the "good guys." Information like the Code of Ethics
and Donor Bill of Rights facilitate this process.
Setting up Meetings
Chapters may choose to have their meetings on the same day, or if schedules conflict,
spread out over a couple of days. Certain officials may require a request in writing.
Chairs can use the draft letter (later in this manual) as a guide for what to convey in these
requests.
It should be possible to see most officials, but occasionally schedules will prevent this
and a staff person will have to be seen. Visiting with a staff person can be very useful.
Many times, the staff person will have more technical knowledge about an issue than the
official does. The official may rely on that person to assist in making decisions about
legislation. All of the same rules apply to visiting a staff person; the staff person is
simply an extension of the official.
Remember to request a copy of each official’s bio before the meeting. The bio will give
a little background on the official and may indicate particular interests.
NOTE: It will be very helpful to choose a leader for each meeting. The meeting leader
will be responsible for getting the talking points and other information from the chair and
distributing it to the other participants. The leader should open and close the visit with
the official. The leader could also help determine speaking parts and be responsible for
calling the office to confirm the meeting and time.
33
Chapter Lobbying Day
Information Form
Once the meetings have been scheduled, chairs should fax to the AFP International
Headquarters the Chapter Lobbying Day Information Form (in the back of the manual),
which will list each official the chapter is visiting. The AFP Public Affairs Department
will then send out AFP folders and any other appropriate materials to the chapter's
government relations chair.
Chapters will receive one AFP folder for each meeting. The folder will contain AFP Fact
Sheets, the Donor Bill of Rights, the Code of Ethical Principles and Standards of
Professional Practice, issue briefs and other information. The folders should be left with
the official or his/her staff.
Scripting the Meeting
Developing a rough script for each meeting is a good idea. Determining who is going to
say what and in what order can help make the meeting go smoother. The person
responsible for a particular issue should not be the only one to talk, but should be the one
who begins the conversation. Assign each participant one issue, whether it is general
information about AFP, ethical fundraising, a particular piece of legislation, or anything
else that seems relevant. If bios of each official have been obtained before the meetings,
they may be of assistance in deciding who will speak about each issue.
The Meeting
Members should try to arrive ten to fifteen minutes early for the meeting. Participants
should be aware that last-minute schedule changes do occur (even if a confirmation call
was made earlier in the week), and it is not uncommon for a staff person to be sent to a
meeting on short notice.
After the Meeting
Chapters should always send thank-you letters after a meeting, especially if the official
was specifically asked to do something. See the back of the manual for a sample thankyou letter. The key is to keep the relationship going. If the chapter had a good meeting
with an official, invite him or her to speak at a chapter meeting or attend a Philanthropy
Day event. The official can also create proclamations for certain chapter events.
Whatever the reason, keeping the official involved with your chapter is the best way to
create a strong relationship that will help the chapter, AFP, and the profession in the
future.
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Chapter Lobbying Day
Method II: Legislative Roundtable
The process for setting up a legislative roundtable is similar to scheduling office visits,
but involves more work on the part of the chapter. However, the results can be extremely
productive, and the event can kick-start a chapter's government relations program.
Instead of scheduling different visits with various representatives, the chapter invites
several officials to a roundtable or forum. Each invited official might receive five
minutes to make opening remarks about philanthropy and charitable fundraising, and then
the floor would be opened up for questions from the audience. The chapter does not need
to invite many officials, and one or two will work well.
For such an event, the chapter should consider forming a committee to ensure that the
logistics run smoothly. In addition to the regular type of concerns that a committee
would address for this kind of event (an appropriate building, seating, food and
refreshments), there are two areas that deserve special attention:
•
•
Participation -- The person in charge of this area would need to send out invitations,
determine who will be attending and make certain that speakers have information
about AFP, the format of the event, and which issues (if any) will be discussed
specifically.
Publicity -- It is critical that chapter attendance for the round table be strong.
Chapters should make sure that the event is well publicized, and could even be open
to the public. Chapters should also consider whether or not members of the press will
be invited (invited officials should know of this beforehand, and some may object, so
be careful here).
The Roundtable
Certain elements should be included in any roundtable. First, each participant should
have the opportunity to give a short speech, introducing him or herself and discussing
their general views about philanthropy. The length of the speech should last no longer
than five minutes.
Second, a chapter representative should ask two or three questions that each participant
should respond to, similar to the process used in a debate. This style of questioning
allows the chapter to focus on key issues or bills, and compare and contrast the different
responses. Some questions may need to be broad if both federal and state/provincial
representatives are present.
35
Chapter Lobbying Day
The Roundtable (cont.)
Third, the schedule should allow sufficient time for questions from the audience. This
section of the event is a great opportunity to establish a repartee with the participants.
Obviously, attendees should be encouraged to limit their questions to issues regarding
philanthropy. Chapters should work with a few of the attendees to have specific
questions ready to begin the discussion.
Other Issues
Other than those areas noted already, most of the logistics for a legislative round table are
similar to scheduling office visits. Chapters should use the Information Form to let the
AFP Public Affairs Department know which officials are participating. AFP will send
the appropriate number of folders and other materials for the chapter to use. Follow-up
letters should be sent out after the event, with the focus again being on continuing the
relationship that was developed at the roundtable.
Note on Inviting Participants
If officials have not had any previous contact or experience with AFP, the invitation letter
should make a strong case for AFP's focus on ethical fundraising. The letter should
include a copy of AFP's Code of Ethical Principles and Standards of Professional
Practice, the Donor Bill of Rights, and any other information that reveals AFP's
commitment to ethical fundraising.
The invitation letter should also include a list of topics that the chapter wants to discuss
(including specific bill numbers and titles, if applicable). A chapter contact name should
be listed so the official can get more information about each subject, including a copy of
the legislation if necessary.
36
Appendix V: Documents
Draft Invitation Letter (Office Visits)
(Note: The same type of information should be conveyed when setting up the meeting
via telephone. Information in bold should be changed to reflect your chapter and the
circumstances of the meeting.)
The Honorable (Full Name of Official)
Address
Dear (Title) (Last Name of Official):
On behalf of the (chapter name) chapter of the Association of Fundraising
Professionals, I am writing to request a meeting on (date) at (time).
The Association of Fundraising Professionals (AFP) is the professional
association of people responsible for generating philanthropic funds and support for
nonprofit, charitable organizations. Our 26,000 members around the world are dedicated
to promoting the highest ethical standards in the fundraising profession. The (chapter
name) chapter, located in the (town/area), has (# of members) who work for such local
organizations as (names of two or three local charities for whom members work).
A small group of representatives from our chapter would like to spend thirty
minutes of your time introducing ourselves and discussing AFP, ethical fundraising and
several legislative issues related to philanthropy and the nonprofit sector. In particular,
we would like to speak to you about H.R. 7, the Charitable Giving Act. [And/or other
issues].
If you have further questions, please feel free to contact me at (phone number).
Thank you for your consideration, and I look forward to speaking with you in the near
future.
Sincerely,
37
Draft Invitation Letter (Legislative Roundtable)
The Honorable (Name)
Address
Dear (Title) (Name):
On behalf of the (chapter name) chapter of the Association of Fundraising
Professionals, I am writing to cordially invite you to participate in a roundtable
discussion on issues related to philanthropy and charitable fundraising on (date) at (time)
at the (location). The discussion should last approximately one hour, and lunch is
included.
The Association of Fundraising Professionals (AFP) is the professional
association of people responsible for generating philanthropic funds and support for
nonprofit, charitable organizations. Our 26,000 members around the world are dedicated
to promoting the highest ethical standards in the fundraising profession. The (chapter
name) chapter, located in the (town/area), has (# of members) who work for such local
organizations as (names of two or three local charities for whom members work).
The schedule for the roundtable is as follows. Each participant will be given the
opportunity to introduce him or herself and made general comments about their views,
history and background with philanthropy. Our moderator will then ask each participant
a few questions about specific issues and legislation (one or two issues) that is under
consideration. Then, the floor will be opened for questions from the audience. We have
also invited (names of other officials invited).
We hope this event will provide an opportunity to open up thoughtful dialogue
about the importance of philanthropy and charitable fundraising in our society. (Name of
chapter contact), at (phone number of chapter contact) would be happy to provide
you or your staff with more information about the event and specific issues and
legislation we would like to hear about.
Thanks for your consideration, and we look forward to seeing you at the
roundtable.
Sincerely,
38
Thank You Letter
(Thank you letters may differ considerably from each other depending on the nature of
the official, the types of issues discussed, and the relative “success” of the meeting. The
letter below is simply a sample to help members get started.)
The Honorable (Full Name of Official)
Address
Dear (Title) (Last Name of Official):
On behalf of the (name) chapter of the Association of Fundraising Professionals, thank
you for meeting with us on (day of meeting) to discuss several issues of importance to
the nonprofit sector and the fundraising profession. We very much enjoyed getting the
opportunity to meet you and talk about the importance of (issues).
In particular, I wanted to follow up with you regarding the Charitable Giving Act. As
you may recall, AFP is a strong supporter of H.R. 7, which would, among other
provisions, allow donors to transfer their funds from an IRA to a nonprofit, charitable
organization. We hope you will consider supporting and co-sponsoring that legislation.
In addition, I would like to invite you to attend our National Philanthropy Day luncheon
on (date). We will be honoring several local outstanding philanthropists, volunteers,
foundation, and corporations, including (names of recipients). We would be honored if
you could say a few words at the beginning of the luncheon about the importance of
philanthropy. Please contact (name) for more information about the event.
Thank you for your consideration, and I look forward to hearing from you in the near
future.
39
Chapter Meeting Information Form
After this form is completed, please fax to the AFP Public Affairs Department at (703)
836 – 5624. Photocopy this form and use additional sheets if necessary.
Chapter Name:
______________________________________________________
Chapter Contact:
______________________________________________________
Total Number of Visits:
_______________
(If holding a roundtable, indicate so on the above line. Then list the participants in the
"Official Name/Title" lines below. Indicate date/time and leave everything else blank.)
Meeting 1
Date: ________________________
Time: ________________________
Official Name/Title: ______________________________________________________
Number of Members Attending:
__________________
Additional Issues for this Visit:
__________________________________________
Meeting 2 (if applicable)
Date: ________________________
Time: ________________________
Official Name/Title: ______________________________________________________
Number of Members Attending:
__________________
Additional Issues for this Visit:
__________________________________________
Meeting 3 (if applicable)
Date: ________________________
Time: ________________________
Official Name/Title: ______________________________________________________
Number of Members Attending:
__________________
Additional Issues for this Visit:
__________________________________________
40
AFP Key Contact Sheet
A Key Contact is someone who is willing to contact a specific Member of
Congress or local state official when action is needed on a legislative matter. The chapter
member might know the official already or be willing to get to know the official and his
or her staff through periodic communications.
Please check with the members of your chapter to see if anyone knows a Member
of Congress or state official, or have had several contacts with a particular lawmaker, and
feels comfortable speaking with him or her about AFP legislative issues. If a Member of
Congress can affect a critical bill or other situation, then the Key Contacts for that
Member will be the first members of AFP that the AFP Public Affairs Department
notifies. Fill out the appropriate information below and fax this sheet back to the
AFP International Headquarters at (703) 684-0540. Please make additional copies of
this sheet if necessary.
Of course, if any of the information is of a personal or otherwise sensitive nature, please
do not feel obligated to reveal it. However, the more contacts that AFP can initiate at the
grass-roots level, the more effective our advocacy network will be. If you have any
questions about our Key Contact System, or do not know who your Members of
Congress are, please contact AFP Public Affairs Department at 1 (800) 666-3863 or
[email protected].
Name:
____________________________________________________________
Chapter:
____________________________________________________________
Phone:
____________________________________________________________
Government Official: ________________________________________________
Relationship/How Known:
________________________________________________
Government Official: ________________________________________________
Relationship/How Known:
________________________________________________
41