Competency 5: Public Policy & Advocacy

As public-serving entities in a democratic society, nonprofit organizations are placed in a highly influential position to enact social change at the institutional level through advocacy and the policy process. Avner (2016) presents the argument that nonprofit agencies have a civic obligation to “…serve as experienced experts, advocating for policies that they believe will benefit the people they serve and vehicles for engaging the community in the public dialogue about issues” (p. 397). Both advocacy and lobbying are elements of the policy process, however, are significantly different. Advocacy is the process of identifying, educating, and mobilizing community supporters on existing or potential policies affecting marginalized communities and hindering the organization from meeting its mission objectives. On the other hand, lobbying involves activities directly supporting or opposing specific legislation and elected officials (Avner, 2016; National Council on Aging, 2021; Worth, 2021). In this case, nonprofit leaders and key decision makers must demonstrate knowledge concerning the complexity of the policy process which involves larger institutional systems influencing local political systems; in addition, understand the legal restrictions and ethical implications placed on public serving entities for engaging in such activities.

The 1976 Lobbying Disclosure Act established distinct regulations monitoring ethical advocacy and lobbying practices. According to the act, 501(c)(3) public charities are permitted to engage in lobbying activities but are limited in the amount of money allocated toward such activities and must disclose all lobbying expenses on annual Form 990s. More importantly, these organizations are prohibited from engaging in direct political partisan activities such as demonstrating support for certain elected officials and legislation (Avner, 2016; Worth, 2021). Organizations that do not adhere to these regulations are at risk of legal sanctions including the possibility of ceasing operations. Mitigating this risk requires incorporating policies and procedures within the board’s bylaws that will ensure ethical and accountable practices from all board members and staff involved in the agency’s advocacy activities.

Uniting diverse communities for social change is the core of the public service sector. The American Society for Public Administration [ASPA] Code of Ethics states that nonprofit entities must “respect and support government constitutions and laws while seeking to improve laws and policies to promote the public good” (ASPA, 2013, Code 2, p. 1). Effective advocacy requires a well-organized campaign, or strategic plan, developed and executed by the board. Scholars agree that a good starting point is for the board to establish an advocacy committee that monitors federal, state, and local legislation and evaluates how the organization’s mission, vision, and programs fit within the current and potential socio-economic spectrum (Bothwell, 2001; Rees, 2001; Worth, 2021). Individual board members should then use their professional networks to educate and promote social change by building trusting relationships with community partners which includes elected officials regardless of political party (Avner, 412; Bothwell, 2001).

Nevertheless, despite the sector’s call for nonprofits to enact social change through the policy process, one of the perpetuating challenges is allocating limited resources to advocacy activities. Funders and grant-making entities are red-taping advocacy activities and even political engagement as ineligible criteria for funding. Whether these funding restrictions are positive or negative, the board must make critical decisions about which pockets in the budget to fund certain advocacy activities and to what extent the organization is able to report those expenses in Form 990 (Barry, 2001). In this case, scholars suggest benchmarking the campaign’s progress rather than evaluating goal achievement (Avner, 2016; Rees, 2001; Worth, 2021). Benchmarking is effective because policy processes are in constant flux. In addition, advocating for a certain social cause does not have an end goal. Instead, advocacy should be viewed as a continuous effort in public service to educate on critical issues, promote equity in the policy process, and ensure the quality of life for all individuals and future generations.

References

American Society for Public Administration. (2013, March 16). Practices to promote the ASPA Code of Ethics. ASPA National Council. Retrieved from ASPA Code of Ethics-2013 with .pdf (aspanet.org)

Avner, Marcia A. (2016). Advocacy, lobbying, and social change. In David O. Renz and Robert D. Herman’s The Jossey-Bass Handbook of Nonprofit Leadership and Management (4th ed): 396-426.

Barry, Jeffery M. (2001). Effective advocacy for nonprofits. In Reid, Elizabeth J. & Montilla, Maria, D. (Eds.), Exploring Organizations and Advocacy: Strategies and Finances, 2(1), 1-8. The Urban Institute. https://www.urban.org/sites/default/files/publication/61251/310226-Exploring-Organizations-and-Advocacy.PDF

Bothwell, Robert O. (2001). Philanthropic funding of social change and the diminution of progressive policymaking. In Reid, Elizabeth J. & Montilla, Maria, D. (Eds.), Exploring Organizations and Advocacy: Strategies and Finances, 2(1), 67-81. The Urban Institute. https://www.urban.org/sites/default/files/publication/61251/310226-Exploring-Organizations-and-Advocacy.PDF

National Council on Aging. (2021, February 12). How to advocate as a nonprofit for older Americans. Author. https://www.ncoa.org/article/how-to-advocate-as-a-nonprofit-for-older-americans

Rees, Susan. (2001). Effective advocacy on limited resources. In Reid, Elizabeth J. & Montilla, Maria, D. (Eds.), Exploring Organizations and Advocacy: Strategies and Finances, 2(1), 9-16. The Urban Institute. https://www.urban.org/sites/default/files/publication/61251/310226-Exploring-Organizations-and-Advocacy.PDF

Worth, Michael J. (2021). Nonprofit Management: Principles and Practice (6th ed.). SAGE Publications, Inc.