Transparency Talk

Robert and Arlene Kogod Join the Giving Pledge
February 2, 2016

Egp-icon-typepadReal estate developer Robert Kogod and his wife, Arlene, have joined the Giving Pledge.

For decades Kogod served with his brother-in-law, Robert Smith, as co-CEO of Charles E. Smith Company - the firm founded by Arlene's father - developers of Crystal City, VA, the expansive commercial and residential complex across the Potomac River from Washington, DC.

The Kogods are known for their support of Jewish causes including the Shalom Hartman Institute in Israel and the Jewish Federation of Greater Washington. The couple is equally known as a major contributor to public life in the Washington, DC area, including support for the arts center at Sidwell Friends School, the Kogod School of Business at American University (where Mr. Kogod received his BA in 1962) and the Kogod Courtyard at the Old Post Office, for which their $25 million donation was, at the time, the fourth largest gift ever received by the Smithsonian Institution.

Since its inception in 2010, the Giving Pledge, Warren Buffett and Bill and Melinda Gates' effort to encourage the world's wealthiest to commit the majority of their assets to philanthropic causes, has garnered 142 signatories in 16 countries with a combined net worth of more than $708 billion.

Learn more about all the pledgers in our Glasspockets feature Eye on the Giving Pledge.

-- Daniel Matz

Remembering David Bowie’s Philanthropic Contributions
January 21, 2016

(Melissa Moy is special projects associate for Glasspockets.) 

David Bowie photoThere has been no shortage of media coverage on David Bowie’s musical legacy and influence as an artist.  A few articles have also focused on his philanthropic activities, which we will summarize here since the world of celebrity philanthropy is often not as visible as the star at its center.

The late British singer and actor, who died January 10 of liver cancer, was  passionate about philanthropic work that supported HIV/AIDS research and treatment, children in poverty, and humanitarian assistance for developing nations, according to Forbes Magazine

Bowie, 69, used his celebrity and influence to raise awareness and money for HIV/AIDS research and famine in Africa for numerous charities at his concerts.  The New York resident and his wife, supermodel Iman, have been deeply involved as donors and advocates for HIV/AIDS research for more than 25 years – especially noteworthy because they helped raise awareness in the early days when little was known about the global impact of HIV/AIDS, according to the nonprofit The Borgen Project.

Bowie actively supported Keep A Child Alive Foundation, which was co-founded by fellow artist Alicia Keys.  The foundation works to end AIDS for African children and their families and provides healthcare for those who lack access to life-saving treatment.  Iman also served as the foundation’s ambassador.

Additionally, Bowie partnered with War Child, an organization that helps children and youth impacted by war through music therapy, education, health and emergency programs.  He also contributed to the Whatever It Takes campaign, which supports 21st Century Leaders.    

Several of Bowie’s notable charitable concerts included a 2006 gala performance for Keep A Child Alive and the acclaimed 1985 Live Aid concert, a 16-hour concert fundraiser simultaneously held in London and Philadelphia that brought attention to Africa’s famine.  Bowie was a headliner at the event that featured a number of prominent singers and bands including Paul McCartney, Elton John, Bob Dylan, Queen and The Who.

New York City Mayor Bill de Blasio declared January 20 as David Bowie Day.  The proclamation was expected to be delivered at the curtain call of the final performance of Lazarus, the Off-Broadway musical that Bowie co-wrote and co-produced.  Chicago previously named September 23, 2014, as David Bowie Day.

David Bowie is survived by his wife Iman; the couple's 15-year-old daughter Alexandria; and his son Duncan Jones, 44, whom he had with former wife Angie Bowie.  Given Iman’s philanthropic track record, she is likely to continue the couple's charitable legacy.  In addition to the charities already mentioned, Iman also supports Save the Children; UNICEF Go – 2 – School Initiative / Somalia; Hope for Congo; and the Dr. Hawa Abdi Foundation, which supports healthcare, education, WASH and agriculture in Iman’s native Somalia.

--Melissa Moy

 

'Dark Money' Expected to Set 2016 Records
January 18, 2016

(This post first appeared in Philanthropy News Digest.)

The amount of so-called dark money, contributions to nonprofits and other tax-exempt entities that are not required to disclose their donors, backing various presidential campaigns in 2016 is expected to exceed the more than $300 million contributed during the 2012 presidential election cycle, the New York Times reports.

The troubling lack of transparency, the Times notes, is being driven by political advocacy groups that exploit a loophole in the tax code that allows them to avoid disclosing their donors while holding on to their tax-exempt status. Many of those organizations court special interest groups and wealthy donors who crave the influence that political contributions can buy but spurn any public accountability implied by those contributions. For example, almost 20 percent of the television ads touting the positions of Sen. Marco Rubio (R-FL) have been financed by dark money, the Center for Responsive Politics reports, with most of that coming from the nonprofit Conservative Solutions Project.

The biggest dark money spenders in this cycle, however, have been the U.S. Chamber of Commerce and Crossroads Grassroots Policy Strategies, a D.C.-based nonprofit organization that operates under the umbrella of the American Crossroads "super" PAC, which was co-founded by longtime Republican strategist Karl Rove. While the Federal Election Committee could force such organizations, with their heavy involvement in political campaigns, to register as political action committees, the commission hasn't shown any inclination to do so. Indeed, with Congress having effectively quashed, in the ominubus spending bill it passed at year-end, near-term efforts by the Internal Revenue Service to regulate these groups until after the 2016 election cycle and the FEC content to sit on the sidelines, the Justice Department is seen as the only federal agency that might attempt to shed some light on their activities.

Fred Wertheimer, the president of Democracy 21 and a longtime advocate of campaign finance reform, has asked the Justice Department to do just that, with an emphasis on political activities associated with Rubio's campaign. "Secret money is the formula for corruption," Wertheimer told the Times. "It's the influence buyer's dream."

Albert R. Hunt. "'Dark' Funds May Bode Ill in 2016 Election." New York Times 01/03/2016

Big Philanthropy’s Social Impact Depends on Its Social License
January 14, 2016

(Krystian Seibert is the Policy & Research Manager at Philanthropy Australia and tweets at @KSeibertAu.)

KSeibert2Mark Zuckerberg and Priscilla Chan’s recent pledge to donate 99 percent of their Facebook shares to the Chan Zuckerberg Initiative (CZI) quickly became the subject of criticism from some quarters of the not-for-profit sector.

Some of this criticism focused on how Zuckerberg and Chan decided to establish the CZI as a “Limited Liability Company” (LLC), rather than as a traditional foundation.

There are some advantages to doing this – a LLC has much more flexibility to contribute to the common good by investing in for-profit companies as well as by donating to not-for-profits.

But because a LLC isn’t subject to the same regulatory requirements as a traditional foundation, in theory it could fund things which don’t necessarily further charitable purposes.

“Legitimacy is critical to philanthropy.”

Criticism has also focused on how such a massive pledge, combined with the use of a “less accountable” LLC, could lead to a further concentration of power in the hands of wealthy people such as Zuckerberg and Chan.

This debate has opened up an opportunity to have an important discussion about how philanthropy, particularly “big philanthropy,” relates to the broader community – and what kinds of actions can enhance this relationship in order to maximize both philanthropy’s social impact and the community’s support for its work.

In this context, the concept of a “Social License to Operate” is very relevant. This concept has received more attention within the private sector, particularly within the mining industry, but has received little attention within the not-for-profit sector.

It reflects an increasingly common view that private companies can’t just do what they want and ignore the needs of communities. 

Rather, they need to acquire and maintain a Social License to Operate – which is the level of acceptance or approval continually granted to an organization’s operations or projects by the community and other stakeholders.

Defining the Social License to Operate

It’s not a license in a formal sense – you don’t apply for it and if you tick the right boxes you get it. It’s something a company earns through its actions – it’s an intangible asset which a company builds up and must work to maintain, in a similar way to a company’s reputation (although it’s different to a company’s reputation).

Therefore, Social License is a type of “informal” or “soft” regulation, as opposed to “formal” or “hard” regulation which is determined and enforced by governments and regulators.

It essentially revolves around a question of legitimacy – whether a company’s actions are viewed as “right” – not just by their shareholders, but by stakeholders more broadly. It has various levels, as shown in the diagram below.[1]

 

Krystian Graphic

It’s therefore equally relevant to philanthropy. That’s because legitimacy is critical to philanthropy – if philanthropy is not seen to be contributing to the common good, or acts in a manner which is inconsistent with community expectations and norms, then it will lose its legitimacy. Ultimately that means that philanthropy will stop being philanthropy.

Philanthropy’s Social License to Operate

That’s why it’s important for there to be conscious attention to what philanthropic organizations need to do in order to acquire and maintain a Social License.

Arguably, Social License is easier to acquire and maintain for smaller foundations – for them it could simply come down to adopting a conscientious approach to grantmaking which involves supportive engagement with grant recipients, and being responsive to the needs of the community as they change over time.

It’s particularly important in the case of “big” or “mega” philanthropy such as the CZI – and for these philanthropic organizations the bar will be set higher.

That’s because “big philanthropy” does vest a large amount of power in philanthropists to direct what outcomes are funded. Despite widespread apathy about government, government does still derive legitimacy from the ballot box – but “big philanthropy” isn’t subject to elections or term limits.

Because of its size, the actions of “big philanthropy” will be scrutinized by other organizations within the philanthropic sector, not-for-profits, the media, as well as the communities in which it operates. Therefore, if “big philanthropy” lacks a conscious focus on its Social License, its actions could result in a loss of legitimacy.

So what does acquiring and maintaining a Social License actually require of “big philanthropy”? There are no hard and fast rules, and each philanthropic organization which recognizes the importance of its Social License should examine for itself what it needs to do in its own particular situation.

Transparency

However, operating in a manner which is transparent and shares power would be particularly important in the case of the CZI and other large philanthropic organizations.

“The Chan Zuckerberg Initiative will need to both be open about its work and also share power.”

Transparency means being open about how a philanthropic organization such as the CZI is governed, what it funds, how it funds and what the outcomes are.

If the community doesn’t know what the CZI is doing, how will they be able to make an assessment of that work and its merits in terms of furthering the common good? If the community is unable to do that, then it’s impossible to establish and maintain legitimacy.

A culture of secrecy tends to breed skepticism. On the other hand, by being and transparent and open, a philanthropic organization such as the CZI can actively demonstrate its commitment to the common good, and establish a relationship with the community based on mutual trust and respect.

A good first step would be for the CZI to commit to meeting the full range of transparency measures which are set out as part of the Foundation Center’s Glasspockets initiative.

Sharing Power

The next step would be to think about ways to share power, which means directly engaging with the communities in which a philanthropic organization such as the CZI will be active. Engaging doesn’t mean just listening – it means working in genuine partnership with stakeholders.

Again, there are no hard and fast rules – but at one end of the spectrum, such engagement would involve consulting stakeholders and using their feedback to inform a foundation’s strategy and key decisions. At the other end of the spectrum it could involve more directly including stakeholders in the decision making process, which is what one small foundation in Indiana has done.

I would expect that the CZI will be trying to address some really complex and multi-faceted problems – to do this effectively, it will need to both be open about its work and also share power with subject matter experts, community leaders, not-for-profits and other philanthropic organizations.

Sharing power is an opportunity to leverage expertise, secure stakeholder buy-in and also share responsibility for outcomes.

Ultimately these are just two examples of how philanthropy can go about establishing and/or maintaining its Social License – however every philanthropic organization’s legitimacy will depend on a variety of factors. It’s something “big philanthropy” certainly needs to focus on, but also something which all philanthropic organizations should turn their minds to.

What do you think philanthropic organizations need to do to establish and maintain their Social License?

--Krystian Seibert

 [1] Adapted from: Ian Thomson, Robert G. Boutilier, Modelling and Measuring The Social License To Operate: Fruits Of A Dialogue Between Theory And Practice, 2011. This paper, along with other resources on the topic of Social License, is available at this website.

Through a Glass a Little Less Darkly: 2015 Philanthropic Transparency Highlights
January 7, 2016

(Janet Camarena is director of transparency initiatives at the Foundation Center.)

Janet Camarena PhotoAs we begin 2016, it’s important to reflect on the progress and highlights from the previous year.  And here at Glasspockets, we are always looking for examples of how the field is opening its windows and giving us all a better glimpse of what is going on inside. So, here you will find a listing of the top ten moments, efforts, and singular examples in 2015 that stood out to me as serving to bring the great kaleidoscope of philanthropy into sharper focus. 

The Thought Leaders:

#10 - Fund for Shared Insight (FSI) shares baseline report, Feedback Loops and Openness: A Snapshot of the Field, in March.  One of the report’s most interesting findings was that the key barrier to foundation openness is organizational culture.  This could be seen as a lowlight rather than a highlight since culture is tough to overcome.  But this was an important finding and report to be commissioned and shared because FSI is not just another industry group out to improve philanthropy; it is actually made up of philanthropy professionals now representing more than a dozen leading foundations, so the opportunity for peer learning, influence, and momentum building is high. 

Laura Arrillaga-Andreessen#9 - Philanthropist and Silicon Valley Thought Leader, Laura Arrillaga-Andreessen, advocates that philanthropy should adopt a "glass skulls" approach, encouraging donors to open up about the processes and strategies foundations use to think through grantmaking decisions.  In an August Transparency Talk blog, she explained that true transparency "provides a window into the brain of the foundation," and also elaborated on the link between greater transparency and greater impact.  The tech community has not exactly been lauded for openness around its giving. Since Arrillaga-Andreessen is particularly influential among Silicon Valley’s tech philanthropists, this is a hopeful sign that her peers may eventually recognize openness - as a better strategy than stealth - to attain social impact. 

Darren Walker photo#8 - Leading foundations opened up their processes and strategies via the blogosphere and other online engagement.  Some foundations have been blogging for a long time, but last year I noticed a couple of online missives in particular that I hope signals a new trend of foundations, including their own CEOs, more regularly engaging online with audiences-and more importantly, signaling that they are listening, informing strategies based on what they are hearing, and responding to feedback and questions.  A notable example is Ford Foundation CEO Darren Walker and his online letter in June, "What’s Next for the Ford Foundation?" Much has been written, and deservedly so, about Walker’s eloquent case for continuing to focus the foundation’s resources on inequality.  What stood out to me happened earlier in that letter, where Walker wrote about the responses he received when he asked stakeholders to assess his first year on the job: "Tell me the truth. That simple request drew more than 2,000 e-mails to my inbox. Some of them were profound and insightful. Others, lighthearted. But all of them were truthful. And I couldn’t be more grateful. In reading and reflecting on each and every response, I have become more aware of the ways in which we can improve our institution, and serve our mission."

In a field in which many grantees never receive a response to a completed grant report, hearing about a CEO who reads his emails is hard to believe were it not for how Walker proceeded to then openly share the kind of institutional self-awareness that is only possible from taking such an exercise seriously.

Larry Kramer PhotoAnother notable mention in this vein is the William and Flora Hewlett Foundation's "Work in Progress" blog, which counts CEO Larry Kramer as a regular contributor, and offers insights into foundation operation, strategy, and direction.  The blog, which just completed its second year, quickly gained attention when Kramer made it a key part of his foundation leadership to create a culture of transparency at Hewlett, and has consistently offered a window on a variety of leaders at Hewlett.  At a foundation with term limits, in which the cast is consistently changing, having this kind of frequent access to the humans behind the philanthropy machinery is important.  This was underscored in a blog Kramer wrote in September called Question Time in which he re-caps good questions that came up in "open forum" calls the foundation hosted in the summer to offer grantees a platform to ask the foundation about "anything and everything."  The questions and answers included everything from the foundation’s strategy to combatting climate change to preparing grantees for program staff transitions given the term limits, as well as future directions for funding. But the key message from the post and the Open Forum is that the foundation is listening and responding.

The Watchdogs:

David Callahan photo#7 - Inside Philanthropy becomes a must read.  The world needs watchdogs, and in 2015, Inside Philanthropy became a must read for many insiders looking to see if they had been written about.  David Callahan used his journalistic chops and considerable knowledge about philanthropy to write compelling content about high profile givers and didn’t hold back on his assessments.  More than 30 of Inside Philanthropy’s blogs in 2015 either mention or focus on transparency, and in fact, he closed the year with a particularly detailed piece, Darkness Grows: Time for a New Conversation About Philanthropy and Transparency that shows why for those who find transparency a burden, it is definitely better to give than to receive.

 

Aaron Dorfman photo#6 - NCRP’s executive director, Aaron Dorfman releases video footage of how difficult it can be to get an appointment with foundation executives. Philamplify, which is a project of NCRP, produced a report criticizing the opacity of the Hess Foundation and challenging it to evolve beyond "transaction philanthropy."  The only problem is they had no way to actually make sure the foundation ever saw the written report.  You can watch the video to see the lengths to which Dorfman went to try and deliver the unsolicited advice.  But the reason this is a highlight and not a lowlight is that the video and Philamplify have a sphere of influence beyond just the foundation in question, and it served as a cautionary tale here to others about why the "don’t call us, we’ll call you" approach in philanthropy is part of the problem and not a solution.

 

Philanthropy-Not Business as Usual:

DonSDoering Photo#5 - While some foundations are still debating the merits of sharing grants data publicly on websites or external databases, one foundation executive director devoted significant real estate on the JRS Biodiversity Foundation website to showcasing the full story of each funded project. In a March Transparency Talk blog post, Don Doering outlined the JRS Biodiversity Foundation’s commitment to transparency in service to greater philanthropic impact.  The online "Grant Portfolio" section of its website reads like one might expect an internal board docket would look.  Visitors to this area of the website can quickly get up to speed on: the background of each grant; key objectives and activities of the grant; planned outcomes and outputs; progress reports; lessons learned; and notes from JRS staff about the project in question.  When colleagues ask me what my hopes are for the future of transparency in philanthropy, it often looks a lot like what the JRS Biodiversity Foundation website already has to offer. 

James Canales#4 - In late November our CEO Brad Smith wrote a blog post that appeared in PhilanTopic and Transparency Talk on the growing and troubling trend of foundations accepting applications by invitation only. In fact, he cited that only 28 percent of foundations in our database appear to have a responsive grantmaking process, and asserted that isolating a foundation from the outside world is not a best practice and concluded with some practical suggestions for how the field can open the door, "even if it’s just a crack."  Well, we heard back very swiftly from one foundation CEO, Jim Canales of the Barr Foundation, who immediately took the advice to heart and took the time to add language to the foundation’s website explaining the various ways in which one can get invited to apply.  The page outlines the often mysterious process of things like trustee-directed grants, staff initiated grants, and how to introduce foundation staff to a new idea or organization. Since taking the helm of the Barr Foundation, similar to what I stated earlier about Kramer at Hewlett and Walker at Ford, Canales has made improved transparency a priority at Barr and a signature of his leadership strategy. I hope this signals a trend of foundation leadership transitions that actually do lead to, well, leadership.   It may seem a small thing to add language to a website, but to those on the outside looking in, explaining the process of securing an invitation shows sensitivity toward inclusion, as opposed to the growing tendency toward exclusion.

Ross-150#3 - Throughout 2015, a number of high-profile foundation CEOs wrote about the importance of tracking and sharing diversity data.  Business as usual in philanthropy often can mean a double standard applies, with high expectations for transparency with grantee organizations, and a completely different yardstick for foundations.  So it was refreshing to see the foundation executives who were stepping forward to make these declarations do so with their own data in hand.  Dr. Robert Ross, CEO of The California Endowment (TCE), wrote about why diversity is important enough for philanthropy to measure in a Transparency Talk blog post last month, and he reflected on the impact the TCE Diversity Audit has had.  Ross states, "The Diversity Audit has helped us strengthen the culture and authorizing environment to express our values through our policies, practices, processes." In case you’re wondering, TCE is one of a very few foundations that conduct and publicly share transparency data.  According to our "Who Has Glass Pockets?" transparency assessment tally: of the 77 foundations that have taken and shared their assessments, only six publicly share head counts of this kind publicly, so TCE’s example here will perhaps serve as a framework for others. 

Another initiative, Green 2.0, has been pushing for similar transparency among environmental organizations, including environmental funders.  According to its latest chart, 12 of the top 40 environmental funders are sharing diversity data, and eight have made public statements about its importance. So the net positive here is not just the individual sharing of the data, but the movement building among peers that has the potential to influence how foundations approach inclusivity and diversity in the future, and perhaps more importantly, expand the spectrum of individuals who might consider philanthropy as a viable career path.

Rainbow Flag#2 - One of the great philanthropic strategy success stories happened in 2015 with Marriage Equality officially becoming the law of the land.  Through the work of the Civil Marriage Collaborative, philanthropy learned that when it works collectively and engages in storytelling about its beneficiaries, it can accelerate the pace of change.  Changing public opinion on gay marriage was key to the decision. In a break from business as usual in philanthropy, a collective of funders came together to support advocacy efforts, and stuck together over 11 years, investing $153 million to change hearts and minds.  Key to this was a willingness to invest in media campaigns, as well as to think broadly about the beneficiaries who would benefit from this investment, and then to humanize the case by showcasing stories featuring the voices of parents and grandparents of gay children as part of the effort.  The Civil Marriage Collaborative also gets extra kudos for sharing the lessons learned over those 11 years, the successes as well as the failures, with a case study and video titled appropriately, Hearts and Minds: The Untold Story of How Philanthropy and the Civil Marriage Collaborative helped America Embrace Marriage Equality.

Zuckerberg & Chan#1 - Mark Zuckerberg and his wife, Priscilla Chan launched the Chan Zuckerberg Initiative in December, and in so doing, also launched a global debate that put philanthropic transparency in the spotlight like never before.  Some may be surprised to see me list the Chan Zuckerberg Initiative as a transparency highlight, but what gave me hope is not the Initiative on its own, but the attention and visibility it gave to the importance of philanthropic transparency.  Suddenly topics usually reserved for the geekiest of foundation geeks--tax code, philanthropic vehicles, and the difference between traditional philanthropy and the LLC approach -- were being covered by everyone from The New York Times to San Jose Mercury News.  Committing Facebook shares currently valued at $45 billion to "advancing human potential and promoting equality" was bound to make a splash, but the ripples of the splash had more to do with the structure the couple chose for its largesse, rather than their eloquently written letter and the couple’s desire to make a positive difference. 

Unlike private foundations, LLCs are not required to provide details on giving, are able to fund both for profit and nonprofit entities, and there is no transfer of funds to an entity that is regulated to serve the public good.  However, on the positive side, with the launch of the Initiative,  Chan and Zuckerberg didn’t just write a moving letter; as one might expect, they developed an extensive and actually very informative Facebook page that includes a detailed timeline going back to the Initiative’s inception in 2009 through to the present, outlining key milestones and investments.  There are many foundations that don’t go to this extent.  However, at least with a private foundation, eventually all grants must be disclosed on the 990pf form, and there is no telling whether whatever information the Initiative provides is comprehensive.  So, is a Facebook status update really enough for an Initiative of this scale? It is a fair question to ask whether the public is really going to be served if there are no public disclosures actually required. And the win here is that perhaps enough people globally raised this question that it will inspire greater affinity for more transparent vehicles. 

So, what am I missing?  The drawback of a list like this is that inevitably something that should be included gets left off.  And we want to continue to use this space to highlight excellent examples of transparency at work in philanthropy, so please share any thoughts, self-promotion, or suggestions below.  We have a whole year of blog content ahead of us to fill and welcome audience input.  Happy New Year!

--Janet Camarena

Just in Time for Christmas - Two More for the Giving Pledge
January 4, 2016

Egp-icon-typepadIn case you missed it - and just in time for Christmas - the Giving Pledge added two more signatories; both making their fortunes in health-related fields, but with widely different interests and approaches to philanthropy.

Kiran Mazumdar-Shaw established herself as one of the wealthiest women in India at the helm of biotechnology and pharmaceutical giant Biocon India, and now works to improve access to healthcare for India's rural poor.

Dr. Herbert Wertheim, founder of Brain Power Incorporated, the world's largest manufacturer of ophthalmic instruments, and his wife, Nicole, focus their philanthropy on building and sustaining major institutions in South Florida including medical and nursing schools.

Since its inception in 2010, the Giving Pledge, Warren Buffett and Bill and Melinda Gates' effort to encourage the world's wealthiest to commit the majority of their assets to philanthropic causes, has garnered 141 signatories in 16 countries with a combined net worth of more than $707 billion.

Learn more about all the pledgers in our Glasspockets feature Eye on the Giving Pledge.

-- Daniel Matz

A Case for Better (Self-Imposed) Transparency Standards for Foundations
December 29, 2015

(Rick Cohen is the National Correspondent for Nonprofit Quarterly (NPQ) and the editor of NPQ's Cohen Report. Prior to joining NPQ, Rick was executive director of the National Committee for Responsive Philanthropy, vice president of the Local Initiatives Support Corporation, and vice president of the Enterprise Foundation. A version of this blog appeared in NPQ.)

Editor's Note: As the year draws to a close, it is natural to remember and reflect on those whom we have lost.  Last month, philanthropy lost one of its strongest voices for change with the passing of Rick Cohen. A prolific writer, Cohen was known for encouraging philanthropy to extend its reach to marginalized and underserved communities. Seeing the weaknesses of a closed door culture, Cohen also frequently wrote and spoke about the need for greater foundation transparency and the potential for improving philanthropic practice by increasing stakeholder participation and influence. In honor of Cohen, Transparency Talk is closing out 2015 by revisiting a two-part post Cohen authored for Transparency Talk in 2012 on the case for enhanced foundation transparency, and his recommendations for improved transparency standards.

Photo_74078_landscape_650x433Rather than simply arguing for more or less transparency, a better strategy is to consider the public purposes that might be served by better, proactive standards of disclosure. I suggest the following: 

  1. A better story: Spruill’s charge to the sector is still the ultimate reason, to explain what organized philanthropy is and does, but it is so much more credible when it emerges from the analysis of independent analysts and the public. The glossy annual reports whose cost of writing, design, and printing exceeds many nonprofits’ budgets are not persuasive. They look more and more like corporate advertisements. If philanthropy has a strong story to tell, it should be one that can be told by independent observers examining the data.
  2. Civic engagement: Foundations themselves are relatively unified, regardless of their political leanings, in favor of increased civic engagement, not just in the public arena of government, but in the engagement with communities, in the overall pursuit of community and societal betterment. If foundations are part of a sectoral commitment for advancing the public good, one means is to make more foundation information available, to make citizens and policy makers better “consumers” of foundation products, just as foundations want to help citizens be better consumers and participants in the processes of government and business. 
  3. Foundations in public policy: Increasingly, foundations have been moving into the public policy arena, not simply through their grantmaking, but their direct participation. Foundations partner with government at various levels, notably a recent spate of foundation engagements with the federal government in programs such as the Social Innovation Fund at the Corporation for National and Community Service and the “Race to the Top” in the Department of Education. In some cities, notably Detroit, where local government has taken a turn toward the dysfunctional, foundations are developing and running programs that in some ways are taking the place of the public sector. As foundations become direct players in the public arena, not simply supporting nonprofits to do so, foundations should be increasing the transparency the public needs about their operations.
  4. Increased accountability: At this time, there is a parallel debate going on about increasing the transparency of government data. Virginia Senator Mark Warner has introduced the DATA Act which would create standardized formats for reporting and publication of government spending data. The Act, as the Sunlight Foundation commented, “could help eliminate much government waste, fraud, and abuse, and make spending oversight much easier.” Better, expanded, standardized data makes oversight easier, it’s that logical.  But so much of the data reported in 990s is not particularly standardized and, when it comes to data on foundation investments, virtually uninterpretable.  That isn’t a reason to drop the data requirement.  It is to improve the reporting and formatting of data so that the public—and oversight agencies—can figure out what it contains. 
  5. Abuse of 501(c) confidentiality:  The nation faces an explosion of organizations—and money—seeking the 501(c) confidentiality for the only purpose of keeping the identities of the players pulling the levers of the political system secret.  Television commentator Dylan Ratigan suggests that “our political system has become an auction in which the highest bidder wins,” but the identities of the bidders are increasingly under wraps.  In other arenas, public agencies such as municipal governments and state universities are creating affiliated nonprofits and foundations with a purpose of reducing or removing a slice of their operations from public scrutiny and oversight.  If this nation is going to pursue greater freedom of information, we will, as Senator Warner suggests, need to have better mechanisms with which to “follow the money.” ( We have to better follow foundation moneys, too. 

Let’s face it that there is no discernible Congressional appetite for playing with the laws and regulations facing foundations right now.  Since foundations are overseen by the Internal Revenue Service—and in some measure by a number of states that have provided at least a semblance of staffing and support for charity oversight functions usually in their AG offices, though state attention only sporadically ever nears private foundations—not much is going to happen. 

If there is more money for the Internal Revenue Service, it is logically going to go to expanding its capacity for dealing with its new responsibilities under the Patient Protection and Affordable Care Act, not for oversight and enforcement activities regarding charities.  In general, there’s no money to be made by the IRS for chasing nonprofits and foundations, and like a sports agent looking for a contract, the IRS wants to be shown the money that it can generate through stepped up enforcement. 

Moreover, the IRS is not generally among the more popular of federal agencies.  The outcry against Maine Governor Paul LePage’s denunciation of the IRS as new Gestapo caused him to apologize to Jews, but not to IRS agents who might have been offended, and few in Congress stepped to the plate to defend the IRS.  Ways and Means Committee hearings into IRS operations have been held,  prompted in part by the complaints of Tea Party groups believing that their applications for 501(c)(4) social welfare status were being subjected to politically motivated IRS reviews. 

--Rick Cohen

The Need - and Appetite for - Enhanced Foundation Transparency
December 28, 2015

(The late Rick Cohen was the National Correspondent for Nonprofit Quarterly (NPQ) and the editor of NPQ's Cohen Report. Prior to joining NPQ, Rick was executive director of the National Committee for Responsive Philanthropy, vice president of the Local Initiatives Support Corporation, and vice president of the Enterprise Foundation. A version of this 2012 blog appeared in NPQ.)

Editor's Note: As the year draws to a close, it is natural to remember and reflect on those whom we have lost.  Last month, philanthropy lost one of its strongest voices for change with the passing of Rick Cohen. A prolific writer, Cohen was known for encouraging philanthropy to extend its reach to marginalized and underserved communities. Seeing the weaknesses of a closed door culture, Cohen also frequently wrote and spoke about the need for greater foundation transparency and the potential for improving philanthropic practice by increasing stakeholder participation and influence. In honor of Cohen, Transparency Talk is closing out 2015 by revisiting a two-part post Cohen authored for Transparency Talk in 2012 on the case for enhanced foundation transparency, and his recommendations for improved transparency standards.

Photo_74078_landscape_650x433It is nearly impossible to think about transparency in the world of philanthropy without putting philanthropy into a societal context. Philanthropy is not a world unto itself, but one that is engaged in extensive interactions with other sectors of the economy and society, particularly important in an era of increasingly crippled institutions and practices of democracy in the U.S.

The political context concerns the flows of secret moneys into the electoral process, obviously an activity prohibited to private and public foundations, but one that increasingly shapes the perspectives of the American public toward nonprofits—and, if they knew what foundations were beyond the television portrayals of philanthropoids as white glove socialites—foundations too. Secret money is the lifeblood of American political campaigns, perhaps brought to a level of self-parody when comedian Stephen Colbert points out that Karl Rove is giving anonymous political money to help keep political giving anonymous. The calls for breaking through the wall of secrecy in political spending are increasing, notably in the District and Appeals Court decisions in Van Hollen v. Federal Election Commission

And so it is with foundations and the calls philanthropic leaders face for increased transparency. As Vikki Spruill, the new leader of the Council on Foundations, noted in what appears to be one of her first official communications to the Council’s membership, institutional philanthropy faces “its most critical moment…right now. At a time when our world faces a storm of converging challenges with dwindling resources, philanthropy’s positive impact remains a mystery to far too many…[W]e must seize the imperative to help society better understand philanthropy’s impact and contributions.”   

It is a frequent refrain from foundation leaders, the admonition that foundations have to do a better job at telling their story. But that isn’t transparency. At best, it is managed transparency, telling the story that foundations want public policy decision-makers, the general public, and their specific stakeholders to hear and understand. Transparency, however, is not managed through public relations firms. Can you imagine if the Federal Elections Commission were only to make available the information it thought would tell the story of its “positive impact?” For as miserable and partisanly hamstrung as the FEC is today, the story telling wouldn’t be worth the physical effort of a computer click on “download.”

Transparency empowers the users, the recipients of information, to hold powerful agencies of government, well-heeled donors to political campaigns, and institutions without direct levers of official accountability to the public somewhat more accountable. When you stage manage transparency, it simply isn’t. Of course that doesn’t mean simply opening the doors of foundations and inviting the public to rifle through file cabinets, but it does mean trying to find ways of making essential information more accessible and reviewable by outsiders. 

How Public Should Private Philanthropy Be?

In the foundation world, the debate du jour is how public private philanthropy is, that is, to what extent the tax exempt dollars of private foundations should be considered in some ways open to public scrutiny. It is an argument that ultimately boxes everyone into a corner. The philanthropic impulse occurs with a donor willing to put some of his or her excess capital to work for what is hoped to contribute to the public good. But in this nation, that occurs with the benefit of the charitable deduction, applicable to the small scale donations of this nation’s generous working people and to the much larger donations of affluent people who create foundations. 

OK, so the funds aren’t quite public dollars—aggrieved constituents cannot ask foundations for administrative redress, they cannot vote foundation trustees out of office, and in all but an incredibility limited number of cases do they even find themselves with standing to litigate a foundation’s grant decisions. And they aren’t quite fully private dollars, else they would be taxed and their managers wouldn’t be filing 990PFs, following IRC rules for executive compensation and self-dealing, or fretting whether President Obama’s annual call for capping itemized deductions including the charitable deduction will depress charitable giving and philanthropic grantmaking.

The Dichotomous Nature of Foundations

Even in their quasi-public identities, foundations have feet planted in two worlds or two cultures, one the private world of a donor, the other a public world of resources afforded a special status by the American public and its elected representatives. It shows in foundations’ postures toward transparency. 

In recent history, the advent of the 990 is one example. Commissions on the future shape and substance of philanthropy have all included encomiums of one sort or another in favor of increased transparency, but statements and actions can sometimes differ. Prior to enactment of the Taxpayer Bill, many foundation leaders were opposed to the liberalization of public access to 990s, and when the law was passed, foundation leaders attempted to find ways of divorcing 990PFs from the public access the law required to nonprofits’ 990s and then worked to delay the applicability of the law to foundations.    

In practice, a similar dichotomous identity occurs, best exemplified by the foundations’ crisis response to the California legislation that would have required a handful of large foundations to simply report on their grantmaking to nonprofits headed by people of color, not make more grants for communities of color, and report on their own staff and board demographics. Foundations fought the bill, known popularly as AB624, tooth and nail, though many of the same foundations are strong supporters of the racial disclosures required of banks in the Home Mortgage Disclosure Act, have supported nonprofits demanding similar disclosures of utility companies in front of the state’s Public Utilities Commission, and fought strenuously against California’s Proposition 54 initiative which would have generally banned the state from collecting race and ethnicity data. 

Another dimension of foundations’ split thinking on transparency is in their relationship with “stakeholders.” This is more than just a fancied up description of grant recipients whose opinions on how well they are treated by foundation program officers are now solicited de rigeur. Stakeholders are different than insiders such as donors, board members, and staff. The Denver Foundation describes “external stakeholders” as “people who are impacted by your work as clients/constituents, community partners, and others.” Lauren Tulp of the Gordon and Betty Moore Foundation suggested grantees, community residents, and external experts as potential stakeholders. In some foundation examples, stakeholders have been recruited to participate in foundation grantmaking processes, including the Bill and Melinda Gates Foundation and some of the health conversion foundations.

This is now common parlance in the foundation world. Stakeholders with a “vested interest” in the foundation’s work merit inclusion in efforts to assess what the foundation is and should be delivering for various communities with what impact. The concept of stakeholders is common in foundation circles—except when it comes to discussions of transparency, when the circle for inclusion becomes distinctly narrower. Foundations have to come to grips with whether the notion of stakeholders is real or simply a rhetorical device meant to convey a transitory sense of inclusivity.

--Rick Cohen

 

Eye On: Giving Pledger George Lucas
December 18, 2015

(Melissa Moy is special projects associate for Glasspockets. For more information about George Lucas and other Giving Pledgers, visit Foundation Center's Eye on the Giving Pledge.)

George Lucas PhotoThe Force may not necessarily guide George Lucas’s philanthropic interests but it certainly has helped fund and spur his efforts to elevate education, arts and film, and healthcare and human services.

Lucas has leveraged his wealth from the enormously popular Star Wars franchise – he directed, produced, and wrote the first three movies in the series – into a series of philanthropic investments, many of them focused on education. 

Star Wars: The Force Awakens, the seventh installment in the Star Wars saga, launches today.  Although Lucas only served as a creative consultant for the J.J. Abrams-helmed film, his fingerprints on the long-awaited blockbuster are evident and ticket sales for its opening weekend are likely to set records.

George Lucas:

  • Film director, writer, and producer
  • Best known for the Star Wars and Indiana Jones franchises
  • Founder of Lucasfilm, Industrial Light & Magic, and Pixar
  • Modesto, California native
  • Founded the George Lucas Family Foundation in 2005 ($1.1 billion in assets)
  • Personal net worth estimated at more than $5.3 billion

Building a Legacy

Over the decades, the epic intergalactic tales of clashing Jedi and Sith in “a galaxy far, far away” have achieved cult status and, thanks to a licensing and merchandising empire running the gamut from T-shirts, toys, and books to gaming and other collectibles, earned Lucas a devoted multi-generational  following – and a sizable fortune.

Lucas has used that fortune to support various organization and initiatives in the areas of education, art and culture, and civic and human services. He’s even building and endowing his own museum in Chicago, the Lucas Museum of Narrative Art, that will be dedicated to storytelling and the evolution of the moving image. 

At one point, Lucas had considered San Francisco’s Crissy Field, historically the “front door” of the Presidio (now Golden Gate National Recreation Area), as a museum site. Negotiations with the Presidio Trust broke down, and Lucas eventually decided to build the museum in Chicago, where his wife, Mellody Hobson, was born. 

 

“Our education system (is) little better than an assembly line, with producing diplomas as its only goal.”

Slated to open in 2018, the museum will be built on vacant lots between Soldier Field and McCormick Place, near the city’s famous lakefront Museum Campus (home to the Shedd Aquarium, Field Museum, and Adler Planetarium), and will house a portion of Lucas’s personal collection, which is valued at $1 billion.

Lucas, 71, amassed the bulk of his $5.3 billion fortune when he sold his film and television production company Lucasfilm to the Walt Disney Company in 2012 for a reported $4.05 billion.

The original home of the Star Wars franchise, the legendary company also produced the popular Indiana Jones franchise (on which Lucas partnered with his friend Steven Spielberg) and was where the acclaimed animated film studio Pixar, producer of mega-hits such as Toy Story, Finding Nemo, and Cars got its start as Graphix Group, a Lucasfilm computer division.

Early Life and Career

Lucas graduated in 1967 from the University of Southern California, where he often hung out with a young Stephen Spielberg, then a film student at nearby California State University, Long Beach.

After returning to USC as a graduate film student, Lucas had some early success with a short film and, in 1969, was one of the cameramen on Gimme Shelter, the award-winning Rolling Stones concert film by Albert and David Maysles. He then co-founded his own studio, American Zoetrope, in 1971 with up-and-coming filmmaker Frances Ford Coppola. His first feature film for the studio (an adaptation of his earlier short film) flopped, and eventually Lucas decided to go out on his own. In 1973, he founded Lucasfilm and directed American Graffiti (1973). Inspired by Lucas's teen years growing up in Modesto, California, the film featured a young Richard Dreyfus, Ron Howard, and Harrison Ford. The film received rave reviews and five Academy Award nominations, including Best Picture. 

Lucas’s subsequent projects would include Star Wars (1977), The Empire Strikes Back (1980) and Return of the Jedi (1983).  In the 1980s, he primarily served as a producer or executive producer on other people’s films, including Body Heat (1981), Labyrinth (1986), and the animated film The Land Before Time (1988). He then teamed up with Spielberg for the Indiana Jones trilogy, reuniting with Harrison Ford (who had starred as Han Solo in Star Wars and played the title role in the Indiana Jones movies). Although he didn't write the Star Wars prequel trilogy, Lucas returned to direct The Phantom Menace (1999), Attack of the Clones (2002), and Revenge of the Sith (2005).

Philanthropic Efforts – Prioritizing Education Reform

Although Lucas has been relatively quiet about what inspires his philanthropy, he has articulated why he selected education as his chief giving priority. After Lucas and Hobson were among the first people to sign on to Warren Buffett and Bill and Melinda Gates’ Giving Pledge campaign, Lucas, wrote in his Giving Pledge letter: “It’s scary to think of our education system as little better than an assembly line with producing diplomas as its only goal. Once I had the means to effect change in this arena, it became my passion to do so — to promote active, life-long learning.”

“We need to promote critical thinking and emotional intelligence,” he added. “We need to focus on building an education system that promotes different types of learning, different types of development, and different types of assessment. We have an opportunity and an obligation to prepare our children for the real world, for dealing with others in practical, project-based environments.”

Even before he became a Giving Pledger in 2010, the Modesto native had regularly given large gifts to his alma mater, the University of Southern California, including one of his largest gifts, $175 million, to support initiatives at the film school. In October, Variety reported that $10 million of that gift will be used to provide financial support to African American and Hispanic students at the USC School of Cinematic Arts.

Over the years, Lucas also launched half a dozen foundations, most of which are aimed at enhancing education via the development of innovative teaching models and the dissemination of best practices. The largest of these are the George Lucas Family Foundation and the George Lucas Educational Foundation (GLEF). 

GLEF works in conjunction with Lucas’ online think tank and operating foundation, Edutopia, to share and promote educational innovations, including cooperative and project learning; mentorship; parental involvement; and technological advances.  As an operating foundation, Edutopia runs its own programs and does not engage in grantmaking.

“Our goal has been to showcase bold successes and inspire others to further increase the appetite for education,” Lucas said of GLEF and Edutopia. “Our hope is that administrators, teachers, and parents will see the power of these collective efforts and join the fight for wider reforms.”  

“It became my passion…to promote active, life-long learning.”

According to 2013 tax returns, the George Lucas Foundation distributed nearly $18.6 million to 161 organizations in the United States, including nonprofits in California, New York, and Washington, D.C.  Although several of the recipients are based in Los Angeles, the majority are located in Northern California, primarily in the San Francisco Bay Area, where Lucas’s former companies are based.

The largest foundation gifts - $5.9 million, $2.8 million, two gifts of $2.1 million and $1.4 million - were all given to support USC’s Phase III expansion of the School of Cinematic Arts.  The foundation also awarded general support grants of $525,000 and $11,600 to GLEF; $250,000 to the Film Foundation – Los Angeles; $200,000 to the Film Foundation – New York; $100,000 to the Center for the Education of the Infant Deaf in Berkeley, California; and $25,000 to the Brady Center to Prevent Gun Violence in Washington, D.C.

Also in 2013, dozens of San Francisco-based education, arts and health and human services organizations received smaller grants and donations, ranging from $500 up to $25,000, including the San Francisco AIDS Fund/Breast Cancer Emergency Fund’s Trivia Night Fundraiser ($25,000) and the San Francisco Film Society ($25,000). 

In addition, the IRS returns reveal that the foundation has approved $135.5 million in future payments.  The largest portion of that, $100 million, will bolster the Bill & Melinda Gates Foundation’s support for the Global Polio Eradication Initiative. 

Other large future gifts include $25 million to the University of Chicago; $9 million to USC to endow three new faculty chairs in the cinematic arts; and $1 million to the Smithsonian Institution’s National Museum of African Art. 

Lucas’ smaller foundations: the AEL, JWL and KRL foundations (likely named for his oldest children) each distributed a modest $20,000.

What’s next for the brilliant filmmaker, entrepreneur, and philanthropist?  As Lucas himself puts it: “As humans, our greatest tool for survival is our ability to think and to adapt — as educators, storytellers, and communicators our responsibility is to continue to do so.”  

We look forward to the convergence of Lucas’s passion for storytelling and philanthropy, and we look forward to learning more about his expanding philanthropic interests.

--Melissa Moy

A Dash of Diversity and a Cup of Reality
December 15, 2015

(Dolores Estrada is director of grant operations at The California Endowment, a health foundation established in 1996 to address the health needs of Californians.)

Editor’s Note: In the near future, our “Who Has Glass Pockets?” transparency assessment will include an additional data element related to diversity. We will continue to track which foundations have values statements related to diversity and inclusion, and we will also be adding a transparency element indicating which foundations openly share diversity data about their staff and board.  Currently, relatively few foundations provide diversity head counts, with only 5 out of 77 profiled foundations sharing that data publicly.  The California Endowment recently completed and posted its annual Diversity Audit, so we invited its team to draft a series of posts explaining why and how they share this information. This is the second post in the series, and the first post appears here.

Estrada-150At The California Endowment (TCE), our commitment to diversity, equity, and inclusion (DEI) is strong.  It is driven by a fundamental belief that we cannot achieve our mission of improved health for Californians unless every segment of our community participates in advancing solutions.  This commitment to diversity created a guiding framework for our organization.  It also set the stage for what we now call an authorizing environment, which means permission to talk about and engage in diversity-related work with the Foundation as leverage.   This space also allows us to gather information on the governance, management, and staff composition of our community partners which, in turn, helps to ensure that TCE holds itself accountable to our diversity and inclusion goals. 

Timing, as they say, is everything. In 2010, TCE transitioned to our 10-year Building Healthy Communities (BHC) strategy.  The planning and implementation of BHC was the perfect time to embrace our values through meaningful collection and use of diversity data.  Our recipe for moving forward had a pinch of confidence, a dash of diversity, doused with a cup of reality. 

Over the course of the last five years, as the manager of grants administration, I have had the task of operationalizing our institutional values of diversity, equity and inclusion into our paperless grantmaking and grant administration.  Although The California Endowment has held to these values since inception, we needed clarity on the mechanics of how collecting data would help us with our mission.  We have the resources and technology to collect the data, but when diversity principles and values meet reality, it gets a little complicated.  We discovered that when it came to incorporating DEI practice in our grantmaking and grant administration, we knew the outcomes we wanted, but had no clear, easy recipe to get there.

Being an advocate of diversity, equity and inclusion has meant being prepared to embrace failure as a pathway for future success.  Promoting and practicing DEI is not simple.  It requires planning, patience, and a willingness to openly share and learn from our failures.  And boy have we shared a lot!

We started with voluntary applicant diversity data questionnaires attached to our online applications.  Our diversity questionnaire was crafted with care to ensure that we were using the correct terminology to capture the information we needed.  We asked for diversity information on the board of directors, executives, and staff of our grantee organizations and stored it in our grants database. 

Being an advocate of diversity, equity and inclusion has meant being prepared to embrace failure as a pathway for future success.

Bam!  Our first clue that something wasn’t working?  In a grouping of over 600 applications submitted less than 400 provided diversity data.  More importantly, the data points submitted didn’t make sense given what we knew about the grantees.  We decided to give the data collection process more time and see what happened. 

We considered the phrasing of the various questions, terminologies used, and online format as possible culprits.  Were those the reason for this data desert?  No, what we failed to do was to explain to our grantee organizations and community stakeholders why we were asking for diversity data and what we intended to do with this information.  In addition, we realized that we had assumed “everyone” had the data and did not factor in barriers or challenges that applicants might have in collecting this information themselves. 

Our team convened, determined to clearly communicate our values and goals and the importance of the data.  Our CEO, Dr. Robert Ross, then penned a message for our online applications and communicated our intent for collecting diversity data, stating: 

"The data collected will serve multiple purposes: to help us understand how we reflect the communities we serve, equip our staff with critical data to assistant nonprofits to better serve the needs of California's diverse communities and to track our progress with our Board and our grantees and communities."

For the next couple of months, our goal will be to create opportunities to learn, share and have open dialogue about DEI data pertaining to the foundation and that of our grantees organization wide.  Our benchmark for success is not about collecting data from everyone, but rather an understanding of how diversity data is incorporated into our grantmaking and allow us to engage our communities and partners in meaningful ways. 

A dash of diversity and a cup of reality make the best recipe for success.

About Transparency Talk

  • Transparency Talk, the Glasspockets blog, is a platform for candid and constructive conversation about foundation transparency and accountability. In this space, Foundation Center highlights strategies, findings, and best practices on the web and in foundations–illuminating the importance of having "glass pockets."

    The views expressed in this blog do not necessarily reflect the views of the Foundation Center.

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