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All Nonprofit Boards Should Work Toward These Ethical and Operational Principles At the center of good governance are ethical and operational principles that guide board members in discussion, activities, and decisions that put the welfare of the nonprofit before their personal or professional gain The Senate Finance Committee s staff proposals and California s Nonprofit Integrity Act are based on the presumption that nonprofit boards have established policies to set goals and objectives for the organization, as well as protocols to oversee the nonprofit s operations, particularly financial operations The Senate Finance Committee staff emphasize this belief through the proposal to impose criminal liability for the CEO to provide reasonable assurance of the accuracy and completeness of all material aspects of the return The board is the final authority in the nonprofit, and is obligated to closely supervise its only employee, the CEO The Nonprofit Integrity Act further requires of nonprofits whose budgets are in excess of $2 million that the board approve the compensation packages of senior management Board s Overall Responsibility for the Management of the Nonprofit In addition to the principles that have emerged from the current legislative environment, boards need to consider adopting traditional tenets that address board authority and overall responsibility for the management of the nonprofit Boards are responsible for crafting the procedures, policies, and protocols that ensure the nonprofit is in compliance with federal, state, and local laws and is a going concern The board s fiduciary obligations require careful oversight of financial operations to ensure that a budget is crafted on an annual basis, to ensure that an annual audit or financial review is conducted, and that IRS Form 990s are submitted in a timely fashion Additionally, the board is responsible for ensuring all other financial reports are generated in a timely fashion (see Exhibit 64) The board should ensure that it is in compliance with relevant federal law and regulations, state law and regulations, and any local ordinances The board should also ensure that documentation of its actions, and board minutes, are prepared in the appropriate manner and stored per the Document Retention policy The board should ensure that Human Resource policies are in place to safeguard the rights of employees and volunteers, and to ensure that every employee and volunteer has a job description and a method by which his or her performance is appropriately and fairly evaluated The board should also ensure that the nonprofit publishes an employee manual and a volunteer manual that identifies and outlines policies that apply to employees and volunteers The board, as the ultimate authority in the nonprofit, is responsible for ensuring that the nonprofit is adequately insured, including the variety of insurance policies that are
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Role of the Board in Today s Nonprofit
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Every nonprofit should have an audit committee no matter how small the nonprofit or its board The purpose of the committee is to provide oversight to the annual audit, or for small nonprofits, the annual review of financials Composition of the committee The committee needs to include: One financial professional Two to four members of the board who are not also members of the Finance Committee COMMITTEE FUNCTIONS AND DELIVERABLES Does your nonprofit s Audit Committee Serve as a liaison between the auditor and the board to ensure that the auditing firm is appropriate for a nonprofit audit (skill set and experience) and to review the performance of the auditing firm Ensure that the auditor is only providing auditing services and not also providing consulting services to the nonprofit, such as bookkeeping, financial information systems, HR outsource services, legal services, or other professional services that do not relate to the audit Ensure that the auditing firm or partner is rotated every three to five (3 5) years If the auditing firm is large enough, other partners or associates can rotate to provide auditing services to the nonprofit In any event, members of the auditing firm should not be recruited to serve on the nonprofit s board or on the auditing committee Ensure that the nonprofit s auditor has no financial or business connections to individual board members Meet with the auditor to review the audit and make recommendations regarding board approval, or provide recommendations for modifications The Committee makes these recommendations to the full board, which ideally, meets with the auditor to discuss the audit Ensure that if the audit produces a management letter, the issues outlined in the letter are remedied immediately
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required for the nonprofit s operations, professional liability coverage (if applicable), and Directors and Officers insurance, including Employment Practices Liability Insurance for the board The board is also responsible for ensuring that this coverage is secured at a competitive price and that the nonprofit s insurance professional is responsive to the nonprofit s needs and requirements The Competent Board: Important Elements in Accountability Current members of your nonprofit board were possibly recruited from many sources friends, relatives, donor database, or nonprofit clearinghouses Some of the members of the board are appropriate to the organization, and some may be above their heads in terms of understanding their role and what is expected of them SOX best practices presumes that all members of the board are qualified to serve, that is, competent to serve in a governance role, and possess an understanding of what is expected of them as well as a skill set that serves to accomplish expected performance
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