Balancing the Mission Checkbook

Some choices that nonprofit leaders have to make are really tough. Others are tougher. Right now, there are many nonprofits in Minnesota that need to make some of these choices in the next few weeks because of the strong possibility of a state shutdown. In the recent post When the Worst Case Scenario is Really Soon we advised all nonprofits that rely on payments from the state to start working on cash flow contingency plans. As reports are trickling in about notices and conversations with grant and contract managers at state agencies, it’s clear that these plans will need to go beyond cash flow. That’s when questions go from tough (can we pay the staff and bills?) to tougher (can we continue to provide services in our community?).

State agencies are developing their own plans to suspend operations if necessary, and they are dealing with uncertainty just like the rest of us. Many state grant and contract managers are contacting their nonprofits contractors to alert them to possible disruptions in payments or the risk that any services provided during a shutdown may not be eligible for retroactive payment. How much impact would a state shutdown have on your organization, and what kind of plans to you need? The answer (as always) is “it depends”. This very fluid situation demands multiple versions of “what if … “

• What if … a state agency pays funds to the nonprofits from a source other than the state general fund budget, including federal funds or a designated source? A worst case state shutdown could either stop or slow down payment processing of contracts and grants – you need to create a conservative cash flow plan.
• What if … the nonprofit has a long standing state contract or grant? Even with an active contract or grant, a shutdown would stop payments for the near term, and could cause a longer payment lag due to backlogs and other disruptions. Review the contract terms, or check with the grant manager, to confirm whether or not payments are certain for services provided during a shutdown. You need a plan for cash flow delays including both immediate term and some lag time.
• What if … the nonprofit has an established contract with the state that is signed annually with a start date of July 1st or later? This situation poses more risk to the nonprofit because of uncertainty whether a new budget will include a provision allowing retroactive contracts. The budget passed in July 2005, the time of the last shutdown, included such a provision (thanks to Minnesota Council of Nonprofits). You need to take this risk into consideration as you plan – is this a cash flow delay, or a possible loss of some revenue? Could your organization absorb the reductions if you provide services without retroactive payments?
• What if … the nonprofit has a new state grant or contract that begins July 1st or later, or is waiting for a final approval or announcement for state funds? These funds are at the highest risk as long as there is not a budget in place. Be very cautious about assuming that the terms will be untouched and retroactive once a budget is in place.
• What if … your nonprofit doesn’t rely on state funds, or receives small amounts from the state? Rather than feel relieved, think about the impact a shutdown may have on your clients, other organizations with whom you partner, and other community services. You may see a ripple effect in new requests for service, higher demand, or service disruptions elsewhere. Spend a little time brainstorming how your organization might be affected and how you could respond.

The what ifs could go on and on. The only way to answer any of them, and many nonprofits have more than one state contract or grant, is to systematically review the terms, check with grant managers (while they’re still available) and consider the options. In some cases, the options may fall into three categories: tough, tougher, and toughest. The Minnesota Council of Nonprofits is communicating policy information, news, and resources through email and a page on their web site. Nonprofits Assistance Fund is working with MCN to sponsor six free Government Shutdown Emergency Briefings around the state that will include background of how we got to this point, crisis communications techniques, financial planning, and open discussion with your peers. Register through the MCN web site.

For the last six weeks or so there have been quiet conversations and meetings at nonprofits to prepare contingency plans in case of a state shutdown. As with all contingency plans, no one wanted to have to use them. Now that the May 23^rd legislative adjournment date has passed, and the governor vetoed the budget bills as expected, the likelihood is much, much higher. The conversations have moved from private conference rooms to big meetings and headlines, including Shutdown Looms in the Star Tribune, and MPR’s post Get to Know a State Shutdown. The State of Minnesota must have a budget in place by July 1^st or the money to operate the state’s activities runs out.

How concerned should you be? I think that we’re probably all concerned about the broad policy question and impact on the state. How worried should you be in your role as a nonprofit staff or board member? If you receive funds that flow from the State of Minnesota, you should be very worried. There are a lot of variables to consider and information to sort out, and it’s hard to accurately predict exactly how the state government would manage the shutdown if it happens. At the time of the shutdown in 2005 some services were declared “essential” as described in the MPR article, but don’t rely on those decisions made by a different administration. Budget Commissioner Jim Showalter has said that a shutdown this year could be “much, much more extensive.”

We are urging all nonprofits that rely on payments from the state to develop a worst case contingency plan as soon as possible, with an emphasis on one thing: CASH.

Here are our recommended steps:

1. Do you have revenue that comes to you directly from the State of Minnesota? Do you have revenue that is indirectly from the state, even if it is paid to you through another entity, such as a county, a collaborative, or partner?
2. If you do receive state funds, how much do you expect to receive in July and August? What would be the impact if you do not receive any of these payments in July and August?
3. Now is the time to update your cash flow projection or create your first one. We have two good resources, the guide to Managing Cash Flow and the cash flow template (Excel) that you’ll find in the Nonprofits Assistance Fund resource library. If you need some help developing your projection, Contact Us to talk with one of our staff.
4. Do you have internal cash accounts or reserves that could handle the cash flow gap?
5. Do you have a line of credit available that could cover the cash flow gap? Would the loss of state payments affect your ability to access your credit line? If you don’t know, find out.
6. If nonpayment would impact your agency’s ability to maintain services, meet payroll obligations, or sustain basic operations, you need a cash plan fast. To be prepared, consider managing cash flow starting now to accumulate a temporary cash cushion even if you don’t have reserves.

If the cash flow projection gives you bad news, be prepared. There may be very tough choices to make about temporary service reductions, staff furloughs, or expense reductions or delays. There may be ways to lessen the impact with advance planning. That’s what contingency planning is for. Don’t wait.

There have been many columns and editorials about the dangers of state governments using budget strategies that are no more than accounting gimmicks. Transfer reserves from one fund to another. Use bond financing for current expenses. Shift payments from one fiscal year to the next. Voila, problem solved. Bill Gates, in this TED Talk on state budgets and education funding, took a jab at these state accounting schemes by observing, “Enron would blush.” He believes that state governments should be required to follow the same accrual Generally Accepted Accounting Principles (GAAP) as businesses and nonprofits. The new governor of Connecticut, Dan Malloy, is implementing his priority campaign pledges to move the state to GAAP standards. I know this sounds incredibly uninteresting to most people, but it’s actually a huge leap. In Connecticut, for example, taking away the accounting sleight of hand of shifts and transfers will add $1.2 billion to the state’s deficit.

I find this all fascinating on a policy level, and I’m happy to talk about these kinds of questions over a glass of wine (yes, I know how to have fun).  What happens, though, when theory about state policy meets daily reality at nonprofits that deliver public services? It’s not theoretical anymore. In Minnesota we have a very real case study as a result of an accounting shift for the state public education budget. Charter schools, a type of public school, have been scrambling for two years to manage the cash flow crisis caused by one of the shifts. State aid to public schools is paid beginning in July in even amounts over the year based on the number of students enrolled and attending school.  The state started “shifting” some of the education aid payments to future years to reduce the budget hole. What had been a 10% shift, called the holdback, has been increased twice in the last two years to help address the state’s budget problems. In the 2009-2010 school year 27% of state aid was deferred to the next year. For the current school year the shift is 30% of state aid.  Because of the state’s continuing budget difficulties, the payment shift seems likely to stay in place for years to come.

Earlier this year Nonprofit Assistance Fund, Minnesota Association of Charter Schools and Charter School Partners conducted a survey of Minnesota’s charter schools to understand how charter schools responded to the funding shift, including the availability of credit, the cost of borrowing, and impact on school operations and education services.  This week we released a report on the results of the survey to bring attention to this clash of policy theory and cash flow reality.

Highlights

• Charter schools have used every tool available to them to manage their cash flow, including internal fund balance reserves, renegotiating lease terms, budget cuts, loans from commercial banks, nonprofit loan funds, outside supporters and affiliates, and sale of receivables.
• Given that traditional school districts have taxing authority and a state guarantee of any loan, districts can typically receive loans with a 1% or less interest rate. Charter schools, who do not have these financing mechanisms in place, have faced obstacles to accessing credit and must pay between 6% to as high as 23% in loan fees (includes interest, fees and legal expenses).
• A gross inequity exists between traditional school districts and charter schools as to how the holdback impacts their respected operations.
• A 30% holdback is unsustainable for many charter schools in Minnesota and unless this is addressed, solid, high-performing charters will be at risk of ongoing financial instability.

Recommendations to reduce the inequity

The report recommends three possible policy changes that could address the inequity and help resolve cash-flow gap financing issues for charter schools, including:

1. Reduce the holdback for charter schools from 30% to 15%.
2. Provide a state-backed, low-interest loan pool.
3. Improve access to private capital (market rate loans) via a state-authorized ‘written assignment’ to banks.

You can read the release and the State Education Funding Shift Has a Disparate Impact on Minnesota Charter Schools report here.

This is just one case of the impact of state accounting schemes. There are many others all over the country. The solution isn’t simply a matter of GAAP accounting. If not through accounting, Minnesota, Connecticut, and 46 other states still have a hole to fill. It’s important to remember that theory quickly becomes reality when it hits the ground.

Recently a member of our staff at Nonprofits Assistance Fund met with a terrific nonprofit in Minnesota to help them assess their financial situation and create a stabilization plan. The financial situation turned out to be worse than originally reported for one reason – payroll taxes. Specifically, between $50,000 and $100,000 of unpaid taxes withheld from paychecks and due from the employer. Now the financial plan for this organization will be dictated by the urgent need to deal with the taxes and significant interest and penalties. Unfortunately, this is not an isolated case. On average we meet with ten or twelve nonprofits every year who are trying to untangle the problems caused by unpaid payroll taxes. Every one of them wishes that they could go back in time and make different decisions. If they could, they would pay the taxes and juggle finances another way.

I’ve told the story many times about my first job at a nonprofit. I was a receptionist at an arts organization (a long time ago). The board of directors discovered that payroll taxes had not been paid for many months. The financial situation was dire and the board took extreme action. All but two staff members were laid off or furloughed, the board took over all financial matters, and a major budget reduction was implemented. They had to have someone answering the phones (this was long before voice mail and email), so I kept my job. After the immediate crisis was over I was asked to take on some financial tasks and eventually became business manager. That firsthand experience with the impact of unpaid tax liabilities is forever seared on my brain. It’s the worst way to solve a cash flow problem ever.

Here’s how it happens – slowly and silently. Cash flow is tight and when taxes are due, the director/business manager/accountant holds off on the payment “until the grant check comes next week.” The check comes, but other obligations are due. Pretty soon it’s time for payroll again and cash flow is still tight. By the third payroll, the unpaid taxes are starting to add up to more than can be paid all at once. Meanwhile, the landlord, vendors, and contractors are calling to remind our intrepid manager that payments are due. The IRS doesn’t call, though. This is one of the most insidious parts. People often choose to pay low priority bills before urgent obligations because of relationships, annoying phone calls, or emotions. The IRS doesn’t take action to demand payment of delinquent taxes for quite a while. When they do, the matter is immediately urgent and expensive and becomes the #1 priority for the organization.

As an example, this article from North Carolina, Nonprofit’s IRS bill tops $850K, describes a mental health agency that had their state funding cut by 23%. They reduced their budget but also had serious cash flow delays. As stated in the article, “they fell behind in making payroll tax payments.” It appears from the article that the agency financed their budget deficit by deferring tax payments. Ultimately, the IRS filed a lien and the situation became a crisis so severe that the agency ultimately closed in July 2010. When they faced the state budget cuts and delays, the statewide mental health agency had to make some tough decisions. It’s really unfortunate that they chose delayed payroll taxes to “manage” their finances.

If you need another reason to stay current with payroll taxes, share the article Not Paying Your Taxes? Your Board Could Be Personally Liable from Nonprofit Quarterly with your board members. The article lists seven lessons learned from payroll tax cases.

Lesson two: Virtually any alternative – including taking on additional debt, restructuring, downsizing, and filing for bankruptcy – is better than failing to remit withholding taxes to the government.

That’s a pretty harsh lesson, but it underlines the severity of consequences of this financial choice. The worst one.

Mike Burns posted an entry on his Nonprofit Board Crisis blog this week about the important and underrated role of the board secretary. I’ve been thinking along the same lines about the board treasurers. A couple of weeks ago I was asked by a friend who had just become board treasurer for a nonprofit what they should learn or read to become good at the job. I suggested a couple of workshops, articles and blogs. Shortly after that conversation I attended a board meeting of a nonprofit to talk about their financial reports and learned that they don’t have a treasurer. No one wants the job. I worked hard to make the role sounds exciting and glamorous, but I don’t think that anyone was buying it.

If you read the by-laws of most nonprofits it’s no wonder that the role is seen as dull and/or daunting. Here’s an example from one of many templates available:

The Treasurer, subject to the order of the Board of Directors, shall have the care and custody of the money, funds, valuable papers, and documents of the Corporation and shall have and exercise, under the supervision of the Board of Directors, all the powers and duties commonly incident to such office. The Treasurer shall deposit all funds of the Corporation in such bank or banks as the Board of Directors shall designate. The Treasurer may endorse for deposit or collection all checks and notes payable to the Corporation or to its order, may accept drafts on behalf of the Corporation. The Treasurer shall keep accurate books of account of the Corporation’s transactions which shall be the property of the Corporation, and shall be subject at all times to the inspection and control of the Board of Directors.

This sounds like the bookkeepers’ job description with legal responsibilities. I can tell you that even as a person with good finance and accounting experience I don’t want that job. Fortunately, nonprofits that are large enough to have paid staff to handle accounting and daily financial management don’t need the treasurer to make deposits or keep the books. What they need is a board treasurer who is willing and able to provide leadership in the financial life of the organization.

That financial leadership requires a combination of skills and characteristics. A great treasurer balances these responsibilities:

• Knowledge – Thorough understanding of the financial reports. It helps to have some financial background, which may require some supplemental training in nonprofit financial terminology and requirements.

• Communications – Able to translate financial information and financial concepts for the board. The treasurer doesn’t necessarily have to present the financial reports at board meetings, but they may need to help to explain and re-frame until everyone understands the reports. It’s also the treasurer’s role to interpret and translate the board’s questions, goals, or concerns about the financial information or financial situation to the staff.

• Planning – Partner with the staff leadership to develop a useful budget. The treasurer can bring great value in preparing for budget discussions and conveying budget information to the board. Budgets are the financial version of an annual or strategic plan and the treasurer is in the best position to make sure that budget priorities and decisions reflect the intentions and objectives of the board.

• Strategy - Great treasurers go beyond annual budgets, audits, and financial reports to bring financial leadership to the organization. Great treasurers look down the road to find the financial options and decisions needed for longer term goals and initiate discussions to connect finance and mission.

Come to think of it, I think it sounds pretty exciting and glamorous. Sign me up.

How much are you willing to pay for a ticket to the theater, a management class, or a counseling session? What should other patrons or clients pay for that same service? Does it matter to you whether or not the price that you pay covers the actual costs of receiving that service?

The rapid changes in the availability of government and philanthropic funds to pay for and subsidize services have led many nonprofits to examine their financial structure and realize that they can’t afford to continue to offer their services for free or nearly free. That model may have worked when the grants and contributions were available, but it doesn’t any more.

Nonprofits Assistance Fund offers workshops and webinars for staff and board members of nonprofits on financial management topics. We charge a fee for these training programs. What’s the right price for us to charge? Change the specifics and that same question is being raised at nonprofits of every size and scope. The answer, as with everything, is “it depends.”  It depends on the purpose and goals, both programmatic and financial, of offering the service. Should prices be based only on costs, or does market demand factor in understanding what your clients or audience are willing to pay? Some of the fee-based services offered by nonprofits are more naturally based on market and competition. Others are much more sensitive to the ability of clients to pay. Theater tickets and tutoring for low-income students have different economic models.

When you start this analysis, it’s important to recognize that discussions about starting to charge a fee or making changes to prices often get caught up in emotions about money and organizational and personal values. When the suggestion of requiring a payment from clients first comes up, expect some of your colleagues to recoil in horror. Someone may even tell you that nonprofits are not legally allowed to charge for their services. (Please tell that to the two colleges that I’m currently supporting!) Talking about money is uncomfortable for many people, and offering services for no charge is very easy. Unless you have adequate subsidy dollars from contributions or other sources though, it’s not sustainable.

A recent post on the Stanford Social Innovation Review blog, Nine Tips to Better Nonprofit Pricing, provides a good start with the market approach. I highly recommend the article To Fee or Not to Fee?, published in the Summer 2004 issue of Nonprofit Quarterly for a thorough review of whether or not to charge a fee, how fees and program access can be aligned, and how to set prices. The article makes a strong case that charging fees improves the relationship with clients:

The most powerful argument in favor of charging fees is the discipline of the marketplace – that fees increase accountability to the people receiving services.

They include a summary of research that showed that fees may help clients buy-in to the services more and perceive greater benefits.

For most nonprofits, charging fees and setting prices will depend on a number of factors, but most of these can be addressed with operational capacity, program design, and differential pricing. This topic is worth a thorough review whether you currently charge fees or not as a part of long term financial planning and strategy.