Ethics motivation: C mission or money? How percentage-based compensation can encourage abuses, jeopardize the public’s trust and undermine the philanthropic values at the heart of the nonprofit sector B y Wa l t e r S c z u d l o ommission- or percentagebased compensation for fundraisers is a subject that simply will not go away. In fact, according to results of an online ethics and compensation survey sent to a random sample of members of the Association of Fundraising Professionals (AFP) in May 2003, 57 percent reported that they had been asked as fundraisers to consider raising charitable funds on a commission basis (see sidebar). Furthermore, nearly 88 percent of those believe that the people proposing commission-based compensation did not understand why AFP prohibits the practice under the AFP Code of Ethical Principles and Standards of Professional Practice. It appears that there can never be too much information about why normally proper monetary motivation in for-profit organizations is not applicable in the nonprofit sector. There is a constant need to explain the inherent conflict of interest between charities founded without intent of profit or private benefit, and employees whose compensation and primary motivation are based on personal financial gain. A Matter of Trust Timothy Cook Charity is built on public trust. To accomplish their programs and provide needed services, nonprofits rely, in great part, on voluntary donations to meet their budgets. Donor trust is of paramount importance, and to earn and retain that trust a charity’s activities must be beyond reproach. In fact, nowhere is ethical behavior more essential, or its absence more damaging, than in philanthropic fundraising. If donors ever feel that their money is not being used in the most efficient and ethical manner possible, that trust will be eroded. To b e e t h i c a l , p h i l a n t h r o p i c fundraising must be mission-led, institutionally based, volunteer driven and professionally supported in an environment free of improper motives, unmerited rewards or personal gain. The fundamental premise of nonprofits is to raise charitable support A d v a n c i n g P h i l a n t h ro p y 30 I September October 2003 Ethics through volunteers. When compensation is introduced into the charitable support equation, there need to be concise guidelines to explain what compensation is reasonable under the circumstances. AFP believes that individuals serving a charity for compensation must accept the principle that charitable purpose, not self-gain, is paramount. What happens if that principle is ignored? • Percentage-based compensation, however administered, can produce reward without merit • Charitable mission can become secondary to self-gain • There is incentive for self-dealing to prevail over donors’ best interests • Donors’ trust and attitudes can be unalterably damaged in reaction to undue pressure and when they realize that a commission from their gift will be paid to a fundraiser The headline-making scandals at companies such as WorldCom and Enron can, and unfortunately do, occur just as easily at nonprofits. For this reason, to preserve and protect donor rights and the integrity of the philanthropic process, AFP’s Code includes the following statements regarding compensation: • Standard 16: Members shall not accept compensation that is based on a percentage of charitable contributions; nor shall they accept finder’s fees. • Standard 17: Members may accept performance-based compensation, such as bonuses, provided such bonuses are in accord with prevailing practices within the members’ own organizations, and are not based on a percentage of charitable contributions. • Standard 18: Members shall not pay finder’s fees, or commissions or percentage compensation based on charitable contributions, and shall take care to discourage their organizations from making such payments. Just Rewards In the charitable sector, the key issue is support of the charity—not the charity’s w w w. a f p n e t . o rg AFP Ethics and Compensation Survey Following are some results of the recent online survey sent to a random sample of members of the Association of Fundraising Professionals (AFP) in May 2003: Fundraisers should be allowed to receive commission- or percentage-based compensation from charitable gifts that they generate. Strongly disagree 61.4% Disagree 20.4% Neither agree nor disagree 5.8% Agree 7.9% Strongly agree 4.6% Have you ever been asked as a fundraiser to consider raising charitable funds on a commission basis? Yes 57.0% No 43.0% If you answered yes, do you believe that the person proposing commissionbased compensation understood why AFP prohibits the practice under the AFP Code of Ethics? Yes 12.2% No 87.8% How do you think the public believes fundraisers are compensated for generating gift income that qualifies for a charitable deduction? Flat fee or straight salary 51.2% Flat fee or straight salary, plus bonus for achieving goals 8.9% Straight commission or percent of income raised 7.1% Flat fee or straight salary, plus commission or percent of income raised 12.9% Other combination that includes commission 4.6% They don’t think about it or don’t care 11.7% I do not have an opinion on this matter 3.7% individual employees. One of the problems with percentage-based compensation is that it can result in rewards that are not merited. Standard 16 recognizes that fundraising is a continuing practice in which current funds received may be the result of efforts of others in previous years, just as current fundraising activities may result in funds being generated at some time in the future. As in any organization, but especially in charities, donor trust is based on long-term relationships with many individuals. Rewarding only the person who completes the transaction is unfair. At the same time, charities receive unexpected or unsolicited gifts, often bequests, sometimes from previously unknown benefactors. Such windfall gifts can provide an unrealistically high base—in effect, an unearned base—on which percentage-based compensation may be calculated. Nevertheless, nonprofit organizations can reward a job well done with31 out jeopardizing their mission or taking advantage of donors’ largesse. Where bonus programs are in place, they need to be administered so that no one individual is unfairly rewarded. Any kind of incentive program based on performance must be uniformly applicable throughout the organization and not just in the development office. And, no matter how the incentive program is designed, it must not be based on a percentage of the funds raised. Many nonprofits, however, say this is difficult because the development office is the only department to generate revenues. Therefore, only fundraisers should be rewarded. This is narrowminded thinking and helps explain why Standard 17 of the Code exists. The people who cook in the soup kitchen are just as important as the fundraisers. Everyone in the organization is working to advance the charity’s mission, and thus should share in performance bonuses because they have done their A d v a n c i n g P h i l a n t h ro p y Ethics best to reduce costs, improve productivity, create greater public awareness, etc. Yes, there is interest in bonuses and incentives, but as the AFP survey results illustrate, almost 82 percent of the respondents believe these should not spill over into outright incentive-based plans. The bottom line is that a charity is not a for-profit business where selfgain is paramount. Whose Interests? Timothy Cook Charitable giving is a voluntary action for the public benefit. The seeking and acceptance of charitable gifts should not provide personal inurement to anyone. Donors’ interests are in the charity and its mission—not a particular individual fundraiser. Over time, fundraisers establish and nurture relationships with donors. At no time, however, should fundraisers ever take advantage of those relationships and generate funds from donors that may not be in the donors’ interests. (See Standard 4 of the Code, which states, “Members shall not exploit any relationship with a donor, prospect, volunteer, or employee to the benefit of the members or the members’ organizations.”) As relationships with donors develop and mature, fundraisers must always take care to remember they are representatives of their charities and act accordingly. A d v a n c i n g P h i l a n t h ro p y And Political Fundraisers? In the United States, political fundraisers have historically received commissionbased fees based on amounts raised to support candidates running for office. AFP has been working with associations of political fundraisers to better understand the similarities and differences among their respective fundraising practices and codes of ethics. AFP staff has been pleasantly surprised to discover that percentage-based compensation is becoming less of an issue. In fact, the trend in political fundraising is moving away from commission-based compensation and the preferred form of payment is a straight fee. Essential Volunteers Fundraising is an ongoing process of donor identification and cultivation. Individuals develop an affinity for an organizational mission and wish to further it through charitable contributions. A major tenet for success in the philanthropic sector is that an organization is strengthened when volunteers are actively involved in this process. The role of a professional fundraiser should include building an increasingly committed, enthusiastic and capable group of volunteers who affect the fundraising process without compensation. Tying staff compensation to a percentage of charitable contributions raised may discourage this activity. This is true for in-house volunteers or external third parties. If charities cannot pay salaries for services rendered, they should look to volunteers. Too many “new” or “grassroots” charities say they cannot afford to pay for fundraisers as employees. It seems too obvious to note, but if you cannot afford to pay for fundraising you should not be hiring someone—including percentage-based solicitors. The importance of volunteers in these circumstances cannot be overstated. Why? • Charities get a base in the community made up of individuals who know the organization and are passionate about it. • Volunteers will be interested in the governance and operation of the 32 organization and will lend their expertise—all for free. • Volunteers will want the organization to be successful and will become active in all aspects of the nonprofit—including fundraising. • These individuals will give the charity credibility because they know it, are able to answer questions, and can assure its good governance and the good stewardship of the charitable support it receives. And if there are not enough charitable dollars to support an organization and there are not enough volunteers to support its activities? That does not mean relaxing the standards of the Code. Rather, it means the organization has to do some real soul-searching about its fundamental existence. Is it still serving the community in an important way? Has it fulfilled its mission? Is there another local charity that is doing the same work more effectively and efficiently? If so, perhaps the two nonprofits should merge or consolidate. Or, the less efficient charity may have to close its doors. As AFP President and CEO Paulette Maehara, CFRE, CAE, noted in her report (Advancing Philanthropy July/August 2003), we may be reaching a saturation point, with too many charities splitting too few charitable missions. Nonprofit organizations and their fundraisers have numerous options to consider every day. Deciding whether to adhere to or disregard the AFP Code of Ethics is not one of them. In the short term, percentage-based pay may be very tempting, but the longterm consequences will always prove to be too costly for any charity. For further information, read the AFP paper on percentage-based compensation at www.afpnet.org/ethics. For a copy of the AFP Code of Ethics (with enforcement procedures, time limits, forms, addresses and phone numbers), visit www.afp net.org/ethics, or ask any chapter president for one. Call AFP’s CEO or general counsel for confidential ethics advice about proposed transactions at 703-519-8440. I September October 2003
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