Ethics and compliance: A tipping point for charities

Imagine you’re running a charity. You’re focused on your mission, but there’s chaos brewing behind the scenes. Board members aren’t up to speed on the latest compliance requirements, and some haven’t even read the organisation’s bylaws. Without a solid grasp on their roles, directors are making uninformed decisions that put the organisation at risk. Your social media manager just posted something controversial, and the backlash is hitting hard. Donors and beneficiaries are losing trust, and the pressure is mounting.

Now picture this: Financial reports are late, conflicts of interest go undisclosed, and there’s no system in place for addressing these issues. Your team is overwhelmed, and no one seems to have the right information when they need it.

While imaginary, these are all-too-plausible messes that could have been avoided with better ethics and compliance oversight. But it’s not too late — by focusing on the right tools, training and clever use of technology, you can turn things around and steer your charity back on course.

Charity governance has evolved

The growing intricacy of tax compliance requirements, employment laws, and state and local regulations necessitates a more vigilant and knowledgeable approach from boards.

Moreover, the raised expectations of donors and other stakeholders for transparency, accountability and responsible practices have set a new standard for ethical conduct and compliance.

The days when it was enough to assume that an organisation was ethical are long gone. With the increase in legal and financial penalties for malfeasance, the rise in donor expectations and ever greater scrutiny from stakeholders, mission-driven organisations need to have a higher level of oversight.

With insights from our Ethics and compliance guide for charities and nonprofits, we explore the factors that have led to a tipping point for ethics and compliance oversight for mission-driven boards, the need to formalise good behavior and four key steps for working toward future-focused ethics oversight.

The consequences of inadequate oversight

The repercussions of inadequate oversight can be dire for charities and nonprofit organisations:

• Legal and financial penalties, including revocation of tax-exempt status
• Harm to reputation
• Erosion of donor trust and steep declines in funding
• Potential personal liability for board members

These are just a few of the potential outcomes. To effectively navigate the complexities of governing a charity, a proactive approach to ethics and compliance is essential. Without that, organisations cannot fulfill their missions effectively or maintain the trust of their stakeholders.

The role of the board in setting the tone

In every organisation, the tone starts at the top. The board is crucial in establishing the organisational culture and providing effective oversight in ethics and compliance. By giving priority to ethics, boards can foster transparency, accountability and responsible practices across the organisation.

Yet, robust governance is not merely about policies and strategies; it necessitates the continuous demonstration of ethical conduct by board members to motivate employees, volunteers, and stakeholders.

Ethics in the boardroom is not about ticking boxes or meeting minimum legal requirements. It’s about leading with integrity, fostering a culture of ethical behaviour, and making decisions that align with the organisation’s values and long-term goals. Nonprofit boards must be especially vigilant in maintaining high ethical standards to effectively serve their communities and responsibly steward donor funds. – Belinda Loke, Board Director of QEC and Kids Hope Australia, and Founder and Principal Lawyer of Legalexa.

In the following sections, we examine the specific measures boards can implement to bolster their ethics and compliance oversight.

Working toward future-focused ethics oversight

To achieve future-focused ethics oversight, follow these four essential steps:

1. Assess your infrastructure

Establish a solid foundation with clear policies, procedures and tools that align with your organisation’s values and the evolving environment.

Among the tasks to tackle should be developing a values statement, establishing clear standards and expectations in critical ethics and compliance areas, and furnishing your board members with a thorough board member handbook. A centralised resource for critical documents, policies and information is also crucial to help the board.

2. Strengthen learning

Provide ongoing education tailored to board members’ diverse backgrounds and experiences, covering fiduciary responsibility, disclosures and their legal and moral obligations.

Equipping your board with the skills to scrutinise tax returns, financial statements and budgets, and understanding the importance of internal financial controls, will help strengthen their oversight.

Emphasise the importance of recognising and addressing conflicts of interest and criminal behavior, and establish mechanisms for early detection and prompt remediation of ethical issues.

3. Strengthen accountability and enforcement

Establish protocols for the early identification and swift resolution of ethical concerns, incorporating conflict-of-interest surveys, self-appraisals, risk evaluations and accessible reporting avenues.

Conduct regular directors and officers (D&O) and conflict-of-interest questionnaires to ensure you have the most current information on board member experience, conflicts of interest and more.

Regular assessments and evaluations will also help ensure that potential issues are brought to light.

4. Implement board management software

Technology, such as BoardEffect, can simplify ethics and compliance oversight, provide structure for your procedures, consolidate data, support training and improve visibility.

BoardEffect provides a secure, accessible online platform for all board materials, including bylaws, board minutes and training resources.

Ready for more?

By fostering a culture of ethics and compliance, charities and nonprofit organisations can confidently navigate the complexities and risks they face, ensuring the trust and support of stakeholders while effectively fulfilling their missions.

Equip yourself and your team with our guide to ethics and compliance for charities and nonprofits. It’s packed with real-world tips and practical steps you can take to strengthen your volunteer board’s ethics and compliance oversight.

This guide is perfect for nonprofit governance professionals and executive assistants who want to elevate their board’s effectiveness and build a future-focused ethics and compliance strategy.

Download the guide now and take the first step toward confident oversight and exceptional governance.