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Jess Birken, MNM, JD
What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization, for free? That's what we do on Charity Therapy. Hosted by Jess Birken - owner and lawyer at Birken Law Office. Every episode is an in-depth look at how to run a nonprofit, from fundraising to IRS woes to people problems and more! Our goal is to empower nonprofits to achieve your mission by doing things right.
Two Thumbs Down
Tis the season for… Giving Tuesday! The Tuesday after Thanksgiving, every nonprofit you’ve ever thought about will be contacting you about giving to their Giving Tuesday campaign. But should they? We’re bringing our episode with Ephraim Gopin of 1832 Communications to cover the good, bad, and ugly about Giving Tuesday and year-end giving. Tune in!! Join me on Facebook Subscribe to my Newsletter
20:1325/11/2022
Onto the Next Chapter!
We’ve got a vocab lesson for you today – what’s the difference between a nonprofit chapter and a nonprofit affiliate? I don't blame you if you don't know - most people use those words interchangeably! How can you tell the difference, and why does it matter? In this episode, Meghan and I break it all this down and more, all in pursuit of the big question – should you stay a chapter or not? Don’t miss this episode! Join me on Facebook Subscribe to my newsletter
19:2211/11/2022
Ghouls and Goblins Unite!
Hang tight – we’re going alllll the way back to our very first episode for this special Halloween celebration! Jordan Couch, lawyer from Tacoma and friend of the pod, came on to answer some ~spooky~ nonprofit questions and brainstorm Halloween puns. Are you haunted by unfinished business at your nonprofit? Spooked about witchy board members? Don’t miss this one! Join me on Facebook Subscribe to my newsletter
22:2428/10/2022
Join Me on my Soapbox
We’re reviving a fan favorite for this episode, so roll up your sleeves and dust off that old book of parliamentary procedures. Do nonprofits legally need to follow Robert’s Rules of Order in their board meetings? That’s a quick answer – NO. Tune into this episode to hear all the ways Robert’s Rules can get in the way of your governance. Grab a copy of my Nonprofit Board Meeting Survival Guide. Join me on Facebook Subscribe to my newsletter
12:4414/10/2022
It’s a Burner-Outer
When you think about fundraising, lots of us think about DOLLARS. It’s all about raising that revenue, dollar by dollar, right? But what if we changed the way we think about fundraising altogether? This week’s guest, Noah Gerding, fundraiser extraordinaire, breaks down how the best way to increase those dollars is to focus instead on the relationships. Tune to hear about what you should do to reliably raise revenues and how to track what REALLY matters! Join me on Facebook Subscribe to my newsletter
25:1323/09/2022
Here Comes the Drama Sh#tstorm
No matter what kind of nonprofit you run, it all depends on the people. Board, staff, volunteers, program participants, partners – it’s humans involved that make the mission delivery happen. But where humans are involved, drama follows! What happens when the folks involved in the nonprofit do bad things? What do you do when you uncover fraud, prior convictions, assault, or other unsavory things in your community? And how do make sure the organization weathers the storm? Don’t miss this episode! Join me on Facebook Subscribe to my newsletter!
22:2109/09/2022
Survey Says…
There are several different topics in the nonprofit sector that can reliably kick up some drama, and today we’re talking about a big one – executive compensation. How much money should a nonprofit leader be paid? How much is too much, or too little? And what the heck is a “rebuttable presumption of reasonableness”??? Tune into this episode for some mild rants and lots of good info about paying your people. Join me on Facebook Subscribe to my newsletter!
21:4426/08/2022
Let’s Get Existential
Shutting down a nonprofit organization is a whole messy process – from the legal requirements to the emotional impact, there’s a lot to consider. Meghan and I teamed up for this episode to answer your questions about nonprofit dissolution. When do you know it’s time to dissolve? What happens if you actually accomplish your mission? What do you do with leftover money? Tune in, and let’s get existential!
18:3612/08/2022
Screaming into the Void
Social media for nonprofits – is it a huge opportunity, or just another task to add to your growing to-do list? I invited nonprofit social media consultant Julia Campbell to join me on this episode to talk all things social. Do you NEED an account on every single platform? What’s the difference between a social platform being active versus actually effective? How can you leverage a big audience online? You won’t want to miss this! Check out Julia’s books on social media for nonprofits Join me on Facebook Subscribe to my newsletter!
26:1322/07/2022
Welcome to Survivor Island
If your nonprofit has voting members, that means your members have REAL LEGAL standing and rights. So, what happens when things go sideways with a voting member? Membership association expert and CEO of Management HQ Dara Rudick joined me to answer all your thorny member questions! Can you remove a member from the nonprofit? What happens when the entire membership is divided into two warring factions? Tune in to find out! Join me on Facebook Subscribe to my newsletter!
24:0408/07/2022
There Definitely Won’t Be Bears
Fundraising – every nonprofit needs to do it, but not everyone knows how to do it. That’s why Simon Scriver from Fundraising Everywhere and Everywhere+ joined me for this episode! We answer nonprofit questions about virtual events, whether “everyone is a fundraiser,” and how to change the perception of fundraisers in the sector. And I cannot make any promises about bears! Join me on Facebook Subscribe to my newsletter!
27:1824/06/2022
Perpetual Burnout Machine
Lots of people assume that because nonprofits do good work, they must be a GREAT place to work. But here’s the thing – the nonprofit sector is far from perfect, and there are unique issues that can tank a nonprofit’s culture. Rickesh Lakhani, ED of Future Possibilities for Kids, helps me tackle listener questions about how to cope with a bad culture at your nonprofit workplace. Join me on Facebook Subscribe to my newsletter!
26:5010/06/2022
The Dark Side of Donations
We’re all focused on the goals and dollars when it comes to fundraising, but what about the paperwork? That’s why I invited Warren Harmon from URS Compliance to join me on this episode. Warren helps nonprofits get compliant when fundraising, no matter what state they’re in. What do you need to know when you add that “Donate Now” button to your website? What do you do when you forget to file your renewals? How many states do you actually need a license to fundraise in? Tune in to learn more! Join me on Facebook Subscribe to my newsletter! Check out state charitable registration requirements
14:3527/05/2022
Ernest Goes to the IRS!
Let’s be real - the IRS basically has its own language. I mean, even attorneys and CPAs find it confusing! Eve Borenstein, my hero and Queen of the 990, joins me on this episode to help us normal folks understand what we really need to know about the IRS. You may be thinking the IRS is boring….TRUST ME! Eve is the only person who can make it fun! Tune in to find out why the 990 is your best PR tool, what do you do when get mistaken penalty letters from IRS, what the public support test means, and more. Join me on Facebook Subscribe to my newsletter Contact the IRS about an erroneous revocation
28:0213/05/2022
April Showers bring May 990s
It’s April and we’re in the thick of another 990 season – meaning the IRS wants to know how you’re spending your funds! We’re reviving this episode to answer your burning questions about 990s. What do you do if you find out you’ve been doing your 990s wrong? Or even worse, not doing them at all? Tune in to find out! Join me on Facebook Subscribe to my Newsletter
14:4622/04/2022
Eating Your Own Dog Food & Other Idioms
I think most of us can agree (hopefully) that communication solves most problems. Right? Whether you’re a new or a seasoned Executive Director, communication with your board is KEY. Kris Kewitsch from Charities Review Council joins me on this episode to drop some nuggets of wisdom about having a great relationship with your board. Tune in to find out what do you do when the board isn’t engaged (or is too engaged!),how often you should be meeting with your board, and more! Join me on Facebook Subscribe to my Newsletter
25:5808/04/2022
The Road to Fundraising Hell
Employee fundraising can be great, but boy oh boy, it can also go VERY wrong. My Twitter buddy Clay Buck from TCB Fundraising joins me on this episode to unpack the beef we have with some employee giving programs. Are you doing this ethically? Do your employees actually want to participate in these programs, or does it feel coerced? Are your programs aligning with your values? This one’s a doozy – you don’t to miss it! Download Ephraim Gopin’s e-book on Employee Giving Join me on Facebook Subscribe to my Newsletter
21:1825/03/2022
It’s an Ephraim-A-Thon!
Anyone who has been a part of fundraising for Nonprofits knows it’s all about building relationships – not just the all-mighty dollar. That’s why I invited Ephraim Gopin from 1832 Communications back on the pod to share his thoughts on #GivingTuesday and what kind of nonprofit fundraising is actually right for you! How do you start fundraising before you get your 501c3 status? What happens when money doesn’t magically fall from the sky? Plus, he shares some giving statistics surrounding the holidays that you’re gonna want to know right now so you can set yourself up well to crush it this year. Tune in to learn more! Join me on Facebook Subscribe to my Newsletter
20:1311/03/2022
This Ain’t Prom!
Anyone who deals with nonprofit fundraising has probably been to WAY too many galas and golf tournaments. That’s why I invited Alicia Baraga from Ripple Event Marketing to chat with me all about nonprofit fundraising and events! How do you create fun nonprofit fundraising events that people will want to attend year after year? How do you get sponsors for your nonprofit fundraising event? Plus, she shares her secret to every successful fundraising event. Tune in to learn more! Join me on Facebook Subscribe to my Newsletter Check out Alicia’s Event Brand Bootcamp course Related: [PODCAST] Nonprofit Marketing the Joyful Way with Ephraim Gopin
22:1025/02/2022
Nonprofit Time Machine
We loved our last episode with Amy Arcand from Willow Consulting so much, we asked her to come back! Problems with nonprofits happen. When nonprofits grow and change, it’s inevitable that you’re going to hit some roadblocks. In this episode, Amy and I answer questions about problems with nonprofits. And some of them are downright messy! How to clean up the mess an old staff member made, what to do when your board is burnt out, and how to plan for inevitable turnover in your organization. Tune in to learn more about how to handle some of these messy problems with nonprofits! Join me on Facebook Subscribe to my newsletter Related: [PODCAST] "I Have a Nonprofit" Problems
23:1311/02/2022
Bitcoin for Nonprofits!
Everyone has that one person in their life who just keeps talking about cryptocurrency, right? But it’s not just for the tech and finance people anymore. In this episode, my BFF Paul and I talk all about bitcoin for nonprofits. What it is, how to buy it, and how to leverage Bitcoin for your mission! Don’t worry about your eyes glazing over – I promise we don’t get too technical. Get Paul’s recommended resources on Bitcoin Join me on Facebook Subscribe to my newsletter Related: [PODCAST] Magical Consulting Dust
27:1128/01/2022
Magical Consulting Dust
What’s the secret to successful nonprofit fundraising? According to my guest Clay Buck of TCB Fundraising, it’s ALL about data and systems. You can’t know where you’re going with your nonprofit fundraising if you don’t know where you’ve been, right? Clay and I talk about everything from the nonprofit scarcity mindset to the real difference between nonprofit fundraising and sales. Tune in to step up your fundraising game! Join me on Facebook Subscribe to my newsletter Related: Top Tip Successful Nonprofit Fundraising
20:5414/01/2022
Space Cadets & Nonprofit Comas
We’re entering 2022 and closing in on two full years of our pandemic reality – meaning that nonprofits are still making big decisions about how to keep afloat and serve their communities while handling nonprofit crisis after nonprofit crisis. That’s why we’re pulling this episode out of the backlist, where Meghan and I talk all about making the hard changes in times of crisis. What happens when your community disagrees with the way you’ve handled things? Can you just wait it out til everything returns to “normal?” Tune in to this conversation to hear my thoughts. Join me on Facebook Subscribe to my newsletter Related: [PODCAST] The Nonprofit Crisis Survival Guide
12:5024/12/2021
You Catch My Drift?
Nonprofit organizations are not static, stagnant organizations. They grow and change over time (and that's usually a good thing!). What happens when you grow a little past the original vision for the nonprofit organization? How do make sure you stay compliant and do things right, even when you're doing something radically different or new? And when can change become a bad thing? Tune in to hear Meghan and I talk about exempt purposes, mission drift, governance updates, and more! Join me on Facebook Subscribe to my newsletter Related: [PODCAST] Nonprofit Mission Mission Statement: The Mission Is Your North Star
13:0810/12/2021
You've Got Junk Mail!
We're pulling this episode out of our backlist for your holiday weekend listening! Jason Viana, Executive Director of the Open Door, joins us to answer another batch of nonprofit questions! What rules do you need to follow if you're starting a food shelf? How can executive directors manage their mental health while running a nonprofit? What do you get by being a registered agent of an organization? (Hint – a whole lotta junk mail). Listen in to learn more! Join me on Facebook Subscribe to my newsletter Related: Starting a Nonprofit Organization: Asking the Right Questions
23:0426/11/2021
Warning: Rant Ahead!
All right, folks, we got a little bit snarky on this one… Today Meghan and I are tackling the toxic mentality in the nonprofit sector that we must take a vow of poverty to do this work. We're talking about executive compensation, pro bono services, and when it makes sense to invest real money in the mission. Join me on Facebook Subscribe to my newsletter Related: Can a Founder of a Nonprofit Make a Salary?
13:2312/11/2021
Show Your Work!
There are lots of differences between nonprofits and for-profits, and today we're talking about a BIG one – accountability. If you own a small business, most people don't care how much money your CEO makes or how many customers you had last year. But in the nonprofit sector, there's a lot more information we need to share publicly. Tune in to this episode to hear me and Meghan tackling your questions about transparency, from what should be on your website to how to respond to donor questions. Don't miss out! Check out the Charities Review Council Accountability Standards Join me on Facebook! Subscribe to my newsletter!
15:2822/10/2021
Board Police: Conflicts Investigation Unit
To a lot of nonprofits folks, being accused of having a conflict of interest seems like the worst thing ever. But is it really? Introducing, the Conflicts Investigation Unit!! Meghan and I sit down to answer your nonprofit conflict of interest questions: What is a conflict? How do you manage the conflicts that do come up? And what happens when you don't even try to manage a huge and obvious conflict? Tune in to find out! Join me on Facebook! Subscribe to my newsletter!
18:2008/10/2021
When You Wish Upon a 1099
If you call a nonprofit staff member a 1099 contractor, does that make them a contractor? (Spoiler alert – not necessarily!) In this episode, I'm joined by insurance broker Tom Wertish of Options Insurance to talk about employees, contractors, Worker's Comp, and other nonprofit insurance questions. Tune in to learn more! Check out the MN Attorney General guidance on 1099 vs W2 and the IRS test form to determine if your nonprofit staff are contractors or employees. Join me on Facebook! Subscribe to my newsletter! Related: I Just Started a Nonprofit. What About Insurance?
23:0723/09/2021
"I Have a Nonprofit" Problems
In the nonprofit world, you see "501(c)(3)" all over the place. But what does that really mean (or not mean)? In this episode, Meghan and I talk through some questions all about IRS tax exemption. Can one organization have multiple tax exempt statuses? What happens if you lose your status? Tune in to find out! Join me on Facebook Subscribe to my newsletter
17:0010/09/2021
Nonprofit Storytelling that Doesn't Stink!
Your nonprofit's mission is only as strong as your ability to share it. So how do you tell your story in a way that inspires people to engage, give, and share your mission? I'm joined by Emmy-winning video creator and creative strategist Erica Hanna to answer that very question! Tune in to the learn the secret to strong storytelling and how make videos that just don't stink. Check out Erica's Smart Phone Video Workshop Join me on Facebook Subscribe to my newsletter
27:0327/08/2021
The Grayest Areas of Employment Law
A board member regularly makes flirty comments to the executive director – does this count as sexual harassment? The board decides to let go an independent contractor due to a program closure, but they're accusing the nonprofit of racial discrimination. The board wants to ask their employees to "volunteer" for other responsibilities – is that legal? Sometimes the answers to these questions are not cut and dried. Lawyer Zaylore Stout joins me for this episode to dig into a bunch of listener questions about the gray areas in employment law for nonprofits. You won't to miss it! Buy Zaylore's book, Our Gay History in 50 States! Join me on Facebook Subscribe to my newsletter
25:1213/08/2021
Artsy Nonprofit or Nonprofit-y Art?
There's a large and thriving part of the nonprofit sector made up of arts organizations – but not every arts org can or should be a nonprofit. So, what's the difference really? And if nonprofit isn't the right fit, how are you supposed to get funding then?? Andy Sturdevant, the Artist Resources Director at Springboard for the Arts, joins me to answer these questions and more! Join me on Facebook Subscribe to my newsletter
28:4623/07/2021
Covid Q&A: The Nonprofit Re-Opening Guide
As the world slowly (or quickly) re-opens this summer, tons of nonprofits are left wondering what their post-pandemic offices and operations will look like. That's why I asked my friend and business law attorney Inti Martínez-Alemán of Ceiba Fôrte Law Firm to join me and answer some of the big re-opening questions. Can you require your employees to be vaccinated? Who does HIPAA apply to anyway? How can you make sure you won't get sued if someone catches Covid? Tune in to find out! Join me on Facebook Subscribe to my newsletter
22:1909/07/2021
Nonprofit Marketing the Joyful Way
Ephraim Gopin of 1832 Communications is a nonprofit marketing whiz, and he joined me in this episode to answer our listeners' burning questions. Should nonprofits have an employee giving program? How can you convince an old organization to modernize? What's really the difference between marketing and fundraising? Get Ephraim's e-book, Employee Giving: Does Charity Begin in the Office? Join me on Facebook Subscribe to my newsletter
21:1325/06/2021
The Mission Is Your North Star
Lots of nonprofits had to change up their operations during in the past year – but how do you know what changes to make? My guest Maria Huntley, Executive Director of Minnesota Academy of Family Physicians, says that no matter what you decide, you first need to go back to your mission. In this episode, Maria and I put on our creative hats to answer listener questions about how to make big decisions for their nonprofits. Join me on Facebook Subscribe to my newsletter
18:0311/06/2021
The Gates Foundation (and Divorce!)
We all saw the news not too long ago that Bill and Melinda Gates are getting a divorce – but what does that mean for the Bill & Melinda Gates Foundation? In this episode, we dive into the world of family foundations and answer the most common questions I've been hearing. Will the nonprofit be divided up in the divorce? What happens to the funding when the Gates aren't a family anymore? Tune in to find out! This episode is inspired by my interview with Nick Rishwain of Experts.com Check out the full article/interview at https://experts-blog.com/2021/05/11/bill-melinda-gates-foundation-divorce-impact-nonprofit/. Join me on Facebook Subscribe to my newsletter [/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]
10:5126/05/2021
Nonprofit Founders Syndrome
This week we're covering the dreaded nonprofit disease – founders syndrome, aka founderitis. Nonprofit expert Reid Zimmerman joins me to answer listener questions about what it is and how you can fix it if your nonprofit has already infected. Tune in to learn more! Order Reid's book Join me on Facebook Subscribe to my newsletter
20:4713/05/2021
Network Your Brains Out!
All nonprofits, no matter their size or mission, need to think about fundraising. Where's all the money going to come from to continue to power your mission? In this episode, Ellen Bristol, fundraising expert from Bristol Strategy Group, joins me to answer listener questions about the right way to approach fundraising. Here's a hint for you – it's not just about searching up foundations to ask for money! Take Ellen's free Leaky Bucket Assessment Join me on Facebook Subscribe to my newsletter
21:3622/04/2021
The Messiest Nonprofits: Voting Member Orgs
Where there are people, there are people problems. And in voting member nonprofits, you've got a lot of people. So in this episode, we tackle listener questions about members and the issues that can come from the voting membership. What do you do when you have one member that causes a ruckus? Or what if you want to get rid of your voting members? Tune in to find out! Join me on Facebook Subscribe to my newsletter
15:3009/04/2021
990 Season!
April showers bring… May tax returns. That doesn't quite have the same ring to it, huh? But it's true – we're coming up on tax season! So while nonprofits rush to prepare their Form 990s, I'm answering listener questions about them. What do you do if a donor accuses you of filling out the 990 wrong? Or, what happens if you (or your CPA) drops the ball and files nothing at all? Tune in to find out! Join me on Facebook Subscribe to my newsletter
14:4625/03/2021
Putting a Nonprofit in Hyper-Sleep
When you're running a nonprofit, you're tasked with making the RIGHT decisions for the organization – even in the face of unexpected challenges (hello, global pandemic!). There's no one-size-fits-all approach to deal with a crisis, so making those decisions is tough. In today's episode, we're answering questions from folks making some big, unplanned changes for their organization. Join me on Facebook Subscribe to my newsletter
12:5010/03/2021
Robert's Rules: Your Personal Hell
Lots of nonprofit boards use Robert's Rules to run their board meetings – but should they? Robert's Rules is a parliamentary procedure that's meant to keep things orderly and make it easier to make group decisions. But sometimes, the rules make things harder, not easier. Tune in to this episode to hear some listener questions about what to do when Robert's Rules go off the rails. Go to www.birkenlaw.com/board-survival to get a copy of my Nonprofit Board Meeting Survival Guide. Check out this resource from Guidestar about an alternative to Robert's Rules: https://trust.guidestar.org/going-for-consensus-not-roberts-rules. Join me on Facebook Subscribe to my newsletter
12:4425/02/2021
Nonprofit Dissolution: It's Complicated!
Nonprofit dissolution is a difficult decision, no matter your mission. But once you make that decision, do you really know what it means to dissolve your nonprofit? Today, we answer the big questions from listeners in that exact situation: How do you know when it's time to call it a day and close down? And when it is time to close, what steps do you have to take? Tune in to find out! Join me on Facebook Subscribe to my newsletter Check out my DIY Nonprofit Dissolution course Related: Treat Your Nonprofit Idea Like Your Wedding
14:5411/02/2021
Nonprofit Q&A: Listen to Your Nonprofit Treasurer!
Not everyone who works in nonprofits is an expert in handling nonprofit funds - and that's okay! If you're getting a gut feeling that something just isn't right (or maybe your nonprofit treasurer is...), you should listen. This episode is a throwback to March of 2020 when hosts Jess and Meghan were joined by Jim Hall to talk through some tricky nonprofit questions. What happens to leftover money when a nonprofit organization closes its doors? What happens when you have a funder that's making things difficult? Are nonprofit organizations allowed to give money to for-profits? Listen in to get the answers to these questions and more! • Join me on Facebook • Subscribe to my newsletter
21:5821/01/2021
The Curse of Employee Turnover
Nonprofits are only as good as the people who run them. So what happens if you can't find talented, dedicated people? Or if the awesome people you find keep leaving? Jason Viana, Executive Director of The Open Door, joins me for this conversation about finding, and keeping, great employees. Join me on Facebook Subscribe to my newsletter
17:0108/01/2021
How to Be a Savvy Donor
It's the end of a tough year, and nonprofits have been hit hard. Year-end giving is more important than ever. But how do you know who is a good charity to give to? Tune into this episode, revived from 2019, to find out the best (and worst!) ways to decide who deserves your donation. • Join me on Facebook • Subscribe to my newsletter
22:4123/12/2020
Nonprofit Q&A: The Unpaid "Employees" Edition
Charles McDonald, Executive Director of Community Engagement Partners, joins us for another round of listener questions! If you lose your tax exempt status, can you just switch to a for-profit? Or, how open do nonprofits have to be about who is on their board of directors? Can you hire employees...but not pay them? Get the answers to these questions and more in this week's episode! Join me on Facebook Subscribe to my newsletter Check out Founder's Roadmap online course
39:4404/12/2020
How to get the most out of your board meetings
Are your nonprofit board meetings productive as they can be? Or do you walk away feeling like you wasted time and didn't get much done? It doesn't have to be that way! Matt Homann from Filament joined me to answer some burning nonprofit questions about how to hold a better meeting. Get Matt's meeting planning tool here. Join me on Facebook Subscribe to my newsletter
22:5725/11/2020
Founder Feature: Nonprofits Don't Grow Overnight
Nonprofit founders are visionaries - they have a clear picture of how they can make a difference in their community. But breaking down that vision to the nitty-gritty details for your IRS application's narrative statement can be tough. Tommy Hoffman, founder of Sober Farms, was in this exact spot. He knew what he wanted to do, but he wasn't sure how to communicate that to the IRS. Listen to our conversation to learn how any founder can drill down to the details and create a winning narrative statement! • Join me on Facebook • Subscribe to my newsletter
27:1011/11/2020