California Foundation Diversity Bill: Best Way to Boost Results for Low Income Communities of Color?

A California Assembly bill is causing quite a stir in the philanthropic and nonprofit worlds. Spurred by a series of studies by the Greenlining Institute, the bill, AB 624, sponsored by 23^rd District Assembly Member Joseph Coto (D-San Jose), would require California foundations with assets over $250,000,000 to collect and make public information about:

• the ethnicity, gender and sexual orientation of foundation board and staff members;
• the number of grants and grant dollars awarded to organizations reporting that 50% or more of their board or staff members are ethnic minorities;
• “the number of grants and grant dollars awarded to “organizations specifically serving African-American, Asian-American, Pacific Islander, Caucasian, Latino, Native American, and Alaskan Native communities, lesbian, gay, bisexual, and transgender communities and other underrepresented communities”
• “the number of grants and grant dollars awarded to predominantly low-income communities"; and
  
• "the number and percentage of business contracts awarded to African-Americans, Asian-Americans, Pacific Islanders, Caucasians, Latinos, Native Americans, and Alaskan Natives."

The current draft of the bill is available here.

The problem is, if the ultimate result sponsors hope to achieve is increased benefits from philanthropy flowing to either communities of color, or low income communities[1], compliance with the bill, as written, looks very unlikely to accomplish that.

First of all, complying with the bill would not be easy, both because of the fairly vague or uncertain definitions of the information to be collected, and also because of the amount of energy that would go into collecting that information, both at the foundations and on the part of their grantees. The bill is imperfectly drafted, so much so that the Nonprofit and Unincorporated Organizations Committee of the California Bar Association’s Business Law Section, a group of attorneys expert on exempt organization law, have issued a statement of opposition raising numerous objections, and concluding that the bill is “fatally flawed.”

The problem I see in the bill is that it does not require information be collected that would establish who is served by grant dollars (more on the feasibility, and wisdom, of trying to establish that below). Rather, it simply requires foundations to tally up the numbers, grant dollars and percentages and publish those. In its current form, a foundation could simply publish the aggregate figures (e.g., “300 grants, in the amount of $400 million, to organizations specifically serving communities of color”, or “250 grants, in the amount of $300 million, predominantly low income communities.” While it would be interesting to track whether those numbers go up or down, they are practically useless, otherwise, for advocates. The data likely wouldn’t provide any evidence that philanthropic support to low income people of color living in particular regions or geographic communities is rising or falling, or how the distribution of grant funds within those communities is shifting over time. (Also, the data likely would not be aggregated somewhere, so to get the bigger picture, advocates would have to cull information from dozens of foundation sites.)

As Aaron Dorfman, NCRP’s Executive Director, has pointed out in this space, if diversity in grantmaking is important, it should be measured. Opponents of the bill actually agree on this point, but object that the challenge will be how to measure it completely, and how to measure it in ways that are most useful to advocates for more responsive grantmaking. The leaders of The California Endowment, The William & Flora Hewlett Foundation and The James Irvine Foundation all have published op-eds or letters to the editor opposing the bill. Ironically, these three foundations are among the handful of large foundations with statewide reach most prominent in pushing policy advocacy and systems change to benefit low income communities of color. The controversy over AB 624 seems to be an example of what a friend of mine calls “heated agreement,” where people who basically agree and should be pulling in the same direction instead divide and argue over minor points.

As Dr. Ross of the Endowment observes, for all the debate about transparency, “the real issues are: poverty, equity and opportunity in communities of color and other underserved communities.” If the purpose is to improve the use of philanthropy to tackle those challenges, we’ll need better information than AB 624 mandates, and advocates for more responsive grantmaking and leaders of foundations like the Endowment, Hewlett and Irvine should be able to come up with much better solutions by working together.

A better place to start would be making visible the flow of grant dollars to specific places, the demographic and other attributes of those places, and even the specific subsets of people served in those places. (Another irony: the specific reach of grants for policy advocacy or systems change will be harder to define, but this challenge can be solved, as I will explore in a future post). To do so, we’ll need to make the grants data already disclosed by foundations more accessible to advocates, and supplement that with data about the geographic and demographic reach of those grant funds. This would mean bringing the grants databases out from behind the firewalls of services like the Foundation Center or Foundation Search, or paying the costs of providing free public access to that data. It also would entail beginning to map the reach of grants. With a modest investment of time and resources, we can determine which census tracts are served by which organizations, and show the amount of grant dollars relative to the numbers of people living in an area or, more specifically, the particular characteristics of people actually served. This is not a technological pipedream, it can definitely be done[2], and likely for far less cost and effort than compliance with AB 624 would entail. The design and development of such a system, however, is something that can’t very well be done in advance through legislation.

In the end, AB 624 is unlikely to become law anytime soon (It has a rough road ahead in the California Senate, and if it passes both houses, Governor Schwarzenegger is likely to veto it.) That should give all supporters of responsive philanthropy, within foundations and the broader community, plenty of time to develop approaches more targeted to improving results for low income communities of color.

Peter Manzo is an NCRP board member and the Director of Strategic Initiatives for the Advancement Project, a civil rights advocacy organization based in Los Angeles and Washington, D.C. His opinions are his own and do not necessarily reflect those of NCRP or the Advancement Project.

[1] 1) Oddly, there is no such straightforward statement on Greenlining Institute’s Web site that this is the purpose, as opposed to more generically making foundations more “effective and efficient.”
[2] 2) HealthyCity.org, a partnership of nonprofits in Los Angeles sponsored by the Advancement Project, already has built tools and methods for making the flow of grant dollars visible, for public agencies and private funders, to help them assess their grants in Los Angeles County and throughout California. (Full disclosure: I am a proud co-founder of HealthyCity.org.).

Foundations Should Embrace Diversity and Effectiveness

By Aaron Dorfman

Last week, six hundred foundation leaders from across the nation were in San Francisco, Calif. for a conference on grantmaker practices that improve nonprofit results while a major controversy involving foundations continues to brew in the California Legislature.

The conference marked the tenth anniversary of Grantmakers for Effective Organizations (GEO), a coalition of funders focused on maximizing the impact of their grants. GEO is the place where foundation leaders come together to share resources and ideas that help them most effectively contribute to the success of their grantee organizations. When the grantees achieve their missions, the foundations also achieve theirs.

The legislative controversy is about AB 624, a bill that would require the largest California foundations to disclose diversity data about their boards, staffs, grantees and vendors. The bill passed the California Assembly and is making its way through the Senate. Assembly Member Joe Coto introduced the bill because he feels that foundations aren’t meeting the needs of his constituents and other communities of color in California.

With any rigorous review of the available data, it is clear that communities of color benefit from institutional philanthropy at rates far lower than one would expect. Nationally, less than nine percent of grant dollars are classified as intending to benefit racial or ethnic minorities. As a percentage of total grants, that figure has been declining over time. And while the available evidence suggests that foundations have been making real progress diversifying their staffs at the middle levels of seniority, chief executives and trustees of foundations remain overwhelmingly white.

But foundations exist for the purpose of having impact on the issues and causes they were founded to address, not to provide grants or hire staff based on race or ethnicity. Opponents of AB 624 argue that they make their funding decisions based solely on which grantees are most likely to achieve maximum impact and that race shouldn’t enter into the equation.

So are we at an impasse? Must grantmakers choose between being effective or embracing racial equity and diversity? Not at all.

Improving the societal impact of foundations and improving their support for diverse communities need not be mutually exclusive propositions. In fact, there is growing evidence that diversity and effectiveness go hand in hand.

A recent book, The Difference: How the Power of Diversity Creates Better Groups, Firms, Schools and Societies, by University of Michigan professor Scott E. Page shows convincingly that diverse organizations actually outperform more homogenous ones. “Diverse boards of directors make better decisions, the most innovative companies are diverse,” he states in an interview with the New York Times.

Foundation leaders who want results should consider seriously Page’s research. Grantmakers should embrace both diversity and effectiveness, and they should persistently seek to improve on both fronts. They need to go beyond race/gender/sexual orientation and should also include class to ensure that elites of different races aren’t the only voices listened to in philanthropy.

For the past decade, foundations have been advancing their ability to measure the impact of their work and that of their grantees. They’re getting better at knowing whether or not they’re making a difference. They should continue their efforts on this front.

But we also need better data on diversity in philanthropy. Improving diversity will help foundations increase their impact, but we won’t be able to tell if they’re making progress if they don’t measure and report on key diversity metrics. When the only diversity data that is available clearly shows that communities of color are getting shortchanged, elected officials can and should start raising questions. After all, foundations’ tax exempt status means these grantmakers are spending quasi-public dollars.

There are flaws with AB 624, but there is no question that foundations should embrace both diversity and effectiveness to ensure maximum public benefit from the valuable and limited resources that are entrusted to them.

Aaron Dorfman is the executive director of the National Committee for Responsive Philanthropy.

Ethics Reform One Step Closer to Reality

On Thursday, the Senate voted overwhelmingly to pass the Honest Leadership and Open Government Act of 2007, the same bill that was passed in the House earlier this week. By a vote of 83-14, the Senate voted for the measure that would provide the first substantive effort in years to reform the ethics procedures in Congress.

The bill is now headed to the desk of President Bush, where it will either be vetoed or signed into law. With enough votes in both chambers to override any possible veto, the prospects for passage of the bill remain highly promising.

The bill would force lawmakers to detail on a quarterly basis where donations are coming from by making the information accessible on the Internet. In addition, “pork projects,” or funds that are appropriated with more respect to Congressmen and their district rather than actual need, would face stronger scrutiny and disclosure measures. The bill also prevents Congressmen from receiving certain perks, including discounted rides on private planes, and would prohibit members of Congress from receiving gifts from lobbyists.

We are calling on President Bush to sign the legislation into law, to bring about a significant and long-overdue change to the ethical procedures of Congress.

The Honest Leadership and Open Government Act of 2007 is one of the bills NCRP supports that is up for debate in the 110th Congress. For an overview of the bills that directly affect NCRP and the non-profit sector as a whole, click here.

A Breakthrough in the House

Yesterday the House of Representatives passed a comprehensive and sweeping ethics reform package that is now headed for the Senate, where support for the measure looks promising. The first substantive ethics package in years, the Honest Leadership and Open Government Act of 2007 is designed to curb the influence of lobbyists and special interests in Washington, and is strongly supported by NCRP.

Designed to curb the impact of lobbyists and special interests in Washington, the bill, which passed by a vote of 411-8, would force lawmakers to detail, on a quarterly basis, where donations are coming from by making the information accessible on the Internet. In addition, “pork projects,” or funds that are appropriated with more respect to Congressmen and their district than actual need, would face stronger scrutiny and disclosure measures. These earmarks, which cost taxpayers tens of billions of dollars every year, would be readily available for scrutiny before passage of any bill that includes them.

As the bill heads to the Senate, we hope that both political parties can come together and vote for the legislation.

The Honest Leadership and Open Government Act of 2007 is one of the bills NCRP supports that is up for debate in the 110th Congress. For an overview of the bills that directly affect NCRP and the non-profit sector as a whole, click here.

Improving Philanthropic Accountability

NCRP submitted comments today to the House Ways and Means Committee on the Pension Protection Act which was signed into law last year. The legislation offered the first real regulation over donor-advised funds and supporting organizations to date.

NCRP acted as one of the leading voices in the philanthropic sector that called for a revamped version of the bill last August. Passed nearly a year ago, we have continued to work with the IRS and the committee in an effort to strengthen the legislation and include several of the provisions that we have submitted in our comments today.

Despite inroads made with the Pension Protection Act, NCRP believes there remain a few areas in need of amendment. More specifically, changes are needed regarding the small section of the bill that deals with tax-exempt organizations.

In the comments we submitted for the record, we advocated for extending the charitable provisions in the bill that are set to expire at the end of this year, including the IRA Rollover program; subjecting donor-advised funds and supporting organizations to excise tax payments; and developing a clear set of guidelines for international charitable organizations.

To read about other changes NCRP recommends to the Pension Protection Act, click here.

NCRP has been joined by other organizations in the non-profit sector by calling for these changes, and through our comments to the House Ways and Means Committee, we hope that change is within reach.