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Nonprofit Collapse

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So many things have collapsed in recent months (the auto industry, the stock market, a growing list of daily newspapers) that the announcement of an impending disaster has ceased to qualify as news. Maybe this explains why so few people paid attention when Paul Light, a professor of public service at New York University, predicted not long ago that at least 100,000 nonprofit organizations would disappear over the next two years. Light made his prognostication at a public forum in New York City back in November, before the Madoff Ponzi scheme wiped out institutions such as the JEHT foundation, a leading funder of criminal justice reform; before museums started canceling exhibits they cannot afford to put up; before a coalition of thousands of nonprofit organizations signed a manifesto calling on political leaders to boost support for their beleaguered sector.

The manifesto was issued at a moment of genuine upheaval for the service agencies, cultural institutions and advocacy organizations that make up the sometimes overly sanctimonious but often underappreciated nonprofit world. It's true enough that nonprofits have a tendency to overplay their image as mission-driven organizations motivated purely by selfless idealism. It's also true that nonprofits perform an array of essential functions that shape the texture of daily life in communities across the country, often by helping people whose situations were precarious even before the economy crashed.

Now, with foundations watching their endowments shrivel, individual donors maxed out and states across the country staring at massive budget deficits, a lot of those organizations - soup kitchens, homeless shelters, legal aid groups - are being forced to scale back their services at the very moment when the need for them is escalating. How powerful have the ripple effects of the economic downturn been? "I would not use the word 'ripple' - it's more like a tsunami," says Elam Lantz, the executive director of the Greater Hartford Legal Aid agency, which recently had to lay off six staff lawyers even as the ranks of people who cannot afford a private attorney have soared. The organization is not alone. As the Brennan Center for Justice noted in a recent analysis, "cash-strapped legal aid organizations nationwide are experiencing a tremendous increase in people seeking their services, especially for help with foreclosure cases," even as their budget shortfalls have grown.

The picture is no brighter at advocacy organizations that don't take government money and are now competing for a limited pool of funds. At the ACLU, a $19 million drop in revenue led to the cancellation of various recent projects, followed by the announcement, in January, that ten percent of the national staff was being let go. At the Innocence Project, which has pioneered the use of DNA evidence to overturn wrongful convictions, the collapse of JEHT caused nearly half of the organization's foundation support to disappear overnight. The transformation of the political landscape just made the work of such groups a lot easier, one could argue. On the other hand, to the extent their voices are muted because of a lack of resources, advocates of progressive change risk missing an opportunity that may not come around again. This is the concern of Gara LaMarche, head of The Atlantic Philanthropies, one of the largest, most socially progressive foundations in the country. "If healthcare reform is going to pass, it will probably be this year," says LaMarche. "[It's] not something you can say, 'Ok, it's a bad year; we'll put if of until 2010 or 2011 - it's now or never."

What might be done to minimize the fallout? Some foundations are calling for the creation of a revolving-loans fund backed by the government that would provide urgently needed capital to social service and cultural institutions they can't support right now. At a time when taxpayer dollars have been showered on the likes of AIG, such a fund seems like the least the government could do for a sector whose leaders did not push for reckless deregulation or pay themselves exorbitant bonuses in recent years. Others argue the crisis should prompt a shift in priorities among large foundations, which still command billions of dollars in assets and are accorded nonprofit status in part because it is assumed that self-preservation is not their primary goal. "Large institutions have choices," says Rick Cohen, former head of the National Committee for Responsive Philanthropy. "Do they husband their resources for their own purposes, or do they say, 'At this time we are called on to do more'? As social institutions, aren't they obligated to step up to the plate?"

The travails of the nonprofit sector might also occasion some hard thinking about questions that were easy to put off when the inflated stock market caused the level of giving to swell. Do nonprofits use their resources as creatively and efficiently as they could? Do the needs of their clients always take precedence over less high-minded priorities (like burnishing their images)?

Most importantly, what can even a wealthy society like ours realistically expect of the nonprofit sector? Few politicians in recent years issued warnings about the danger of relying too much on private charities to help the poor - these charities were, after all, the widely heralded alternative to the welfare system, whose defects and perversities came to represent the evils of big government. We are now witnessing perversities of a different kind, as the number of Americans receiving cash assistance through what remains of the welfare system has fallen to a forty-year low despite spiraling unemployment. As David Jones, president of the Community Service Society of New York, a 160-year-old advocacy and direct-service organization for low-income residents, told me, "Responsibility for the poor was a government function in the Great Depression and Roosevelt's time. Now more and more people who lose their jobs turn to charity because we've off-loaded the responsibility to not-for-profits and made it so difficult and cumbersome for people to receive benefits." It's no sin for liberals to acknowledge that nonprofits sometimes do perform better than public agencies. It's also imperative to remind everyone that they are not a substitute for government, and that an equitable society should recognize their limits as well as their strengths.

This article was based on a cover story in the March 30, 2009 issue of The Nation.


10 Comments

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What might be done to minimize the fallout?

Perhaps canceling the Obama administration's plan to reduce the value of charitable tax deductions would be a step in the right direction.

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It's actually the key. Unless by some miracle the organization is selected for a big outlay in a stimulus bill, many of them will die in the short term without new donations, big donations, donations from, yes, those much reviled rich people. Certainly they'll continue to lay off a ton of people. Volunteers aren't much help without a physical space with things like electricity, phone lines, internet.

As for museums, permanent collections are being raided right now for objects to sell, despite the protests of the American Association of Museums, and despite the negative impact that will have on future donations (I.E., people donate objects because they think they will be shared with the public in perpeptuity, not with the idea that they will be sold back to another private collection in order for the institution to raise money for operating costs. If they were going to sell it, they could sell it themselves and donate money.)

The alternative, of course, is let them die and try to replace them with taxpayer-paid government services (good luck on that, especially further into the future with the debt service we will have and the cries for cutting the budget.)

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Even with a large deduction the donor would have more money if they simply did not donate at all. So why do they? So it can't be the key, only a modification, in that wealthy have donated funds in eras without tax deductions, and would presumably donate at least something with zero deduction, for the publicity, the good will, and the personal satisfaction.

There are two differing donations sources, though---membership donations, like $50 to NPR or ACLU, and large bequests to museums and to endowment funds. I have much respect for the former and less for the latter, as those contributions typically have strings attached and tend to deform policy, in my experience.

There is a temptation to simply be big, and that is why Elie Wiesel and others wanted the big money Bernie Madoff promised. My orchestra risked its pension funds in the market and had to pay back a fair amount after the 87 slump. They did not learn the lesson and their endowment is at risk now.

It's goofy to budget on a basis of gambling income, which is the market, or on the basis of a sugar daddy. What is sound is the tiresome fund drive, which is something people are good at running and predicting the results from.

Large donors hate to contribute to operating funds, where the money simply vanishes into salaries and bills. They like buildings with their name attached, or other visible monuments.

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After doing some more research, I am revising my opinion.

Turns out that the tax change would not be in effect until the 2010 tax year. That would have the opposite effect from what I argued in my first post, it would cause acceleration of large gifts for 2009! So it would help some for the short term crisis for NGO's. It may even have been cleverly crafted for that effect during this recession!

But as you can see from what I say, I still disagree with you on the larger point that tax deductions do not affect charitable gifts from the rich. I have personally seen too much evidence that they most certainly do. Giving is often quite sensitive to tax benefit. It's often the fancy tax accountants, tax attorneys and financial planners that cause giving to happen--they tell their clients: "because of this situation with your financials, consider making some charitable donations." And that sort of advice travels very fast by word of mouth among the wealthy, they really are moved off the chair to donate by tax incentive.

Now I know this type of thing gets people all upset along the lines of "the rich don't want to pay their fair share of taxes." But I think this gets it wrong. It's a human nature thing. It's similar to coupon clippers, and people who get a high out of getting a bargain. Whether or not it's logical, or ethical, people love getting a break or bargain, and I daresay when people of lower income brackets exalt at getting a tax preparer that finds more deductions in the code for them, they aren't accused the same way.

I think the charitable donation deduction is a very clever invention to get more money for the common good that the government would never be able to get.

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To be clear: I think the change will cause a significant uptick in charitable donations during the last quarter of this year, by those who can afford sophisticated tax advisors. And we will also see a decline in 2010 because of accelerated gifting in 2009.

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Of course the particular tax rate has some effect, and I take your point about accelerating, (but I don't hear about accelerated donations in my area).

I was mainly arguing against anything sacred about a given rate, or that a decreased deduction would stop donations utterly. That does not follow.

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This has always been my concern with relying on private charity rather than government programs for the social safety net - it works great in boom times, when there is lots of money flowing to those charities, and not a lot of demand for their services. But when the demand for their services goes up, it's pretty much a given that the money available will be going down...

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Social safety nets are not the only things involved. In tough times, there is not a lot of majority public support for a lot of these things, many are not too happy to see tax dollars going to museum or NPR or researching the loss of coral reefs when there is a need, say, for extension of unemployment benefits. (Where you usally have a couple of Congresspersons screaming bloody murder about money going to this or that nonessential service, and outrage from the masses.) But as to social safety nets, how about the example of Planned Parenthood? What eventually became Planned Parenthood was sarted without government approval, it probably would never have been born if it waited for government. NGO's are an important part of improving society, because going "government" in a democracy requires majority approval.

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Another example: the NAACP. You think it would have been possible for the government to provide that service in 1909 when it was founded?

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The current bailouts are a monumental crime. But I figure any business should succeed or fail on its own. I have no sympathy for non-profits who can't survive without handouts.

I pray that common sense will soon make a comeback.

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