Nonprofit Management

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Faculty Scholarship

1-19-2016

Nonprofit Management

Roger A. Lohmann

West Virginia University, [email protected]

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Nonprofit Management

Roger A. Lohmann West Virginia University

What is Nonprofit Management?

Nonprofit management is the management and governance of private, tax-exempt nongovernmental organizations, a term that may include a wide range of

corporations and unincorporated associations including health and human services, foundations, museums and other arts organizations, and a variety of

quasi-nongovernmental organizations (QUANGOs) in housing, economic and community development as well as certain social enterprises. Nonprofit management is a subfield of a new interdisciplinary research field of third sector studies, which also includes fundraising, volunteer management, philanthropy and numerous aspects of social development, community development and community organization. Third sector studies as a subject of research began to emerge in the 1980s when graduate programs in nonprofit management and nonprofit, third sector, independent sector, civil society and philanthropy studies began to appear alongside more traditional specialties as arts management and human services management. Decades earlier, in the 1890’s, the American sociologist Amos Warner coined the umbrella term “philanthropology”, the study or science of philanthropy, for this entire domain but the label never caught on.

Public administration as an academic discipline has been one of the major

intellectually key disciplines involved in this emerging interdiscipline of third sector studies, with a substantial number of PA faculty engaged in nonprofit management research and a substantial number of programs offering nonprofit management course offerings and programs alongside more traditional fare. Some of the important reasons for this development are discussed in #3 below.

Those interested in or concerned with nonprofit management in public

administration and other fields have also been concerned with a wide variety of topics including charity organizations, community organizations, fundraising, community social services, arts (particularly orchestra, community theater, and museum) management, volunteer management, and a broad range of policy issues including taxation, policy, public housing, central business districts, and urban renewal.

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What Do We Mean By “Nonprofit?”

“Nonprofit” is one of those terms that public administrators have had in play since at least the first half of the 20th_{century, often with slightly different meanings than}

today. Some of the reasons for this date back even earlier to the Progressive Era (See Stivers, 2000). It has proven difficult, therefore, for some old hands in public administration to fully appreciate the key changes in meaning the term has undergone in recent decades.

Definers of terms are sometimes categorized as either “lumpers” or “splitters”. Lumpers tend to be inclusive, including as much as possible in the definition of a concept. Splitters tend to parse finer distinctions. The original meaning of nonprofit in public administration was very much a lumping definition: Nonprofit

organizations were differentiated primarily from “for-profit” (aka market or business) organizations, with a secondary distinction between “public” (that is, governmental) nonprofits and “private” nonprofits such as associations and nonprofit corporations. This set of distinctions was long associated in public administration with the purported presence or absence of a “profit-motive”. Thus, “for-profit” businesses were seen to be motivated by profit, while “not-for-profit” public and private nonprofits were governed by other motives. (Presumably, they were motivated by loftier, public, philanthropic and charitable motivations.)

However, as economists, behavioral political scientists, organizational theorists and others throughout the 1950s and 1960s cast increasing doubt on the usefulness of this distinction-by-intent, the ground was prepared for an altogether new approach to defining nonprofit. That approach came in two parts, as described below. Before getting deeper into that, however, we need to look more closely at the history of use of the term “nonprofit” in public administration.

Since the emergence of third sector studies, Public Administration has had

something of a lumping and splitting problem. Would the field stick with its original meaning of nonprofit as a simple contrast with business or “for-profit”

administration? Or, would it embrace the entirely new and different, but increasingly common distinction between nonprofit and governmental/public

organizations categorized by “sectors”? And if the latter, how would it continue to recognize the public nonprofit/private nonprofit distinction? Researchers, theorists and practitioners in business faced a somewhat parallel issue in seeking to

differentiate nonprofit, tax-exempt public charities – a legal term of art coined by the Internal Revenue Service – from merely unsuccessful businesses (the distinction there being between nonprofit and unprofitable). The solution – which has not

attained something approaching universal acceptance among researchers and scholars in this area – was to focus not on the absence of profit, but on the reasons for the absence. One result was the hyphenated term not-for-profit, which is still used but has never been widely adopted, particularly in law and policy. For many

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nonprofit specialists, defining the field in terms of what-it-is-not has posed an unsatisfactory solution (Lohmann, 1989).

Much of the conceptual confusion was resolved by the early 1990s, with the nearly universal (at least in the U.S.) embrace of a distinction first made by an important business management guru and a definition grounded in the centrality of the tax code. Peter Drucker had noted as early as the 1950s, that nonprofit organizations (both public and private) were mission-oriented, as compared to business

organizations, which were profit-oriented. Yet this distinction alone seemed to point right back to the issue of owner or management orientation toward profit or not. The current solution came when a legal theorist of business corporations, Henry Hansmann zeroed in on the law, and specifically the tax code as key to definition. (Hansmann, 1981) Nonprofit, he argued, refers not to management motivation at all, but rather to ownership and the legal issue of distribution of profits: Nonprofit corporations, he argued, are subject to a legal nondistribution constraint. That is, they are prohibited by law from distributing operating surpluses to owners or shareholders, and are expected instead to devote any operating surpluses to furtherance of the organization’s mission. This has proven to be a successful and widely accepted solution to the definition problem of what is a nonprofit, with only a few dissenting voices still heard.

Solving the definition problem involved a shift from a behavioral referent to a legal or public policy one: Nonprofit does not refer to the absence of profit or any other management motivation. Other corporations are bound by a large body of corporate law and court rulings to maximize (and distribute) profits as agents of their

shareholders, but among exempt entities the legal prohibition against distributing profits found in Section 501(c) offering tax-exempt status is offered in exchange for exemption from federal taxation in income. This does not settle all of the

definitional questions; tax-exempt entities are actually only a few of the more than 25 “nonprofit” categories listed in Section 501 of the IRS code. But, since 501(c)(3) organizations are by far the largest single category in the code, it has gone a long way toward resolving the issue, at least in the U.S. Thus, in the remainder of this chapter, nonprofit refers to tax-exempt, non-profit distributing private corporations unless otherwise noted.

Why Now? Why Here?

One of the major questions is how and why nonprofit management has attracted such interest among the current generation of scholars and students in public administration? One part of the answer would appear to be changes in the basic nature of the institutions of public administration in the last several decades; the process that goes by such names as “reinventing government” “outsourcing” and “privatization”. Repeated calls for limiting, streamlining, downsizing, reinventing, or in other ways changing the administrative branches of governments at all levels

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have, in many instances, been addressed in a variety of ways. One of the most creative – and least restrictive – has been to simply contract out certain public functions to nonprofit contractors. Such “out-sourcing” has shifted responsibility for many peripheral, and even vital, government functions to nonprofit (as well as for-profit) organizations. What began as a relative “trickle” in the 1960s has

subsequently turned into a tsunami as politicians at all levels in the U.S. and throughout the world, have sought to preserve and expand vital services while reducing the supposed size of government in this way.

Thus, one of the initial, and still one of the most important questions of interest to public administration and public policy researchers has been this outsourcing phenomenon, and in particular, the public contracting processes it has engendered.

Is Interest in Nonprofit Management Only A U.S. Phenomenon?

Contemporary interest in nonprofit management has been strong in the United States for several decades. However, there is also strong interest in other developed and developing countries, as evidenced by the formation of a variety of national and regional associations and journals. Outside the U.S., the term “nonprofit” is used in a growing number of countries. In some areas the terms “nongovernmental” and “civil society” are preferred, and NGOs (nongovernmental organizations) and INGOs (international nongovernmental organizations) have become important in national and international development activities throughout the world. Many authorities and groups have settled on the phase “third sector” as a compromise position for the many underlying theoretical and definitional controversies that arise. Historically, in Britain and several Commonwealth countries, the terms voluntary organization and voluntary sector have been preferred, although recent British government initiatives and research usage have come to embrace the term nonprofit. The global situation of nonprofit, nongovernmental, voluntary and civil society organizations and sectors is far too vast and complex to survey here, but readers should note that in recent decades this has become truly an international topic of considerable importance.

Central Debates

As a practical matter, the accountability of nonprofits has loomed large in nonprofit studies, in considerable part because of the contracting out issue. When vital government services and functions are contracted out to nonprofit corporations, not only are there important questions of how the contractors monitor contracts, and how accountable the contractees are to the contractors. There are also larger implications of this relation for public accountability to legislative bodies, to taxpayers for use of tax-collected funds and to citizens.

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Another important set of issues revolves around questions of governance. By law and tradition, nonprofit corporations are autonomous and self-governing entities managed and controlled by boards of governors or directors; a circumstance that can be affected, informally modified or even dramatically transformed by government contracting and public support. Public contracts, grants and donated funds are referred to in the United Way network and elsewhere as “public support”.

As such uses of public support suggest, the public (and private) nature of nonprofit

corporations is also a source of major debates and disagreements over the nonprofit sector which point toward pluralistic, rather than monolithic, conceptions of the third sector and of related concepts of public good and private philanthropy. Thus, for example, it has been fairly common to refer to philanthropy as “private action for the public good”, a definition opening a seeming paradox that is suggestive of an alternative to government action in pursuit of public good. Likewise, many have approached nonprofit organizations (and particularly those engaged in public contracting) as private producers of public goods.

Further, there is the important question of the role of nonprofit organizations in civil society; a question which took on particular public policy significance in the wake of the ending of the Cold War., “Civil society” became a major rallying cry in the non-totalitarian reconstruction of Central and Eastern European nations in the 1980s and 1990s, and nonprofit organizations and voluntary associations were major elements in that movement.

Finally, researchers and scholars of public organization in particular have been enchanted by the prospect of what was first termed convergence of differing types of sector organizations – business firms, government bureaus and nonprofit organizations. More recently, this trend has been relabeled by some as “hybridization” (Billis, 2010; Smith, 2014). Particular forms of hybridization that have attracted increasing interest involve various combinations of business firms with public and nonprofit organization under such headings as social enterprise, (Mosher-Williams, 2006), collaborative management, coproduction and the fourth sector.

These are just a few of the central debates that have enlivened research in the third sector in recent decades.

Nonprofit Theory

Over and beyond such practical concerns, most nonprofit theorizing has been done within the particular perspectives of the several dozens disciplines and professions interested in nonprofit issues. A limited amount of

trans-disciplinary theoretical work has been done. Van Til (2001) identifies two principal nonprofit theoretical perspectives. On the one hand, nonprofit organizations are said to be formally organized, private (not governmental or public), self-governing entities, that do not distribute surpluses or profits to shareholders, and are characterized by voluntary participation (Salamon 2003; Anheier, 2005:38ff). Others argue that focusing only on such “nonprofit firms” which blend the characteristics of private firms and public bureaus, is

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based on unnecessary confusion of nonprofit organizations and nonprofit corporations. They see a larger third sector characterized also by voluntary action and by less formally organized social organizations that include associations, assemblies, participation in social movements and social action for social problems (Lohmann, 1992a; Lohmann, 2015). These “commons” are characterized by voluntary participation, shared resources and shared

purposes and produce common, rather than public, goods. As they evolve, they also generate diverse forms of social capital and moral orders composed of moeurs, which include not only mores, social norms and values but also the practices of a group. European theorists in particular have been critical of the U.S. preoccupation with nondistribution and “nonprofitness” of the third sector (Evers and Laville, 2004). In the British journal Voluntary Sector Review Wagner (2012) argues that the field today is characterized by two predominant perspectives: nonprofit management and civil society.

Sources and Themes

Public Administration Review is rapidly becoming one of the important “core journals” of this fast evolving field of third sector studies. There are several

specialty journals. The independent Nonprofit Management and Leadership is the leading peer-reviewed journal in the world devoted exclusively to nonprofit

management topics. Nonprofit and Voluntary Sector Quarterly, the official publication of the Association for Research on Nonprofit Organizations and Voluntary Action, publishes articles on the full range of third sector issues, including civil society and philanthropy. Voluntas is the official journal of the International Society for Third Sector Research. TheJournal of Nonprofit and Public Sector Marketing is focused on the role of marketing in nonprofit

management. The Journal for Nonprofit Management is a non-peer reviewed annual publication of the Support Center for Nonprofit Management. For those interested in management issues concerning volunteers, there is The International Journal of Volunteer Administration. The International Journal of Not-for-Profit Law is a quarterly online journal devoted to the law of civil society. Conversations on Philanthropy is a publication of the Project for New Philanthropy Studies at Donors Trust. The Nonprofit Quarterly is a respected magazine aimed primarily at nonprofit management practitioners. The Chronicle of Philanthropy bills itself as “the newspaper of the nonprofit world” while The Nonprofit Times presents itself as “the leading business publication for nonprofit management.”

Nonprofit Policy Forum has carved out a unique niche focusing on policy issues related to nonprofit organizations and third sectors. In the Southern Hemisphere,

Third Sector Review, focuses on management, governance and other nonprofit issues in Australasia. In Canada, the online bilingual Canadian Journal of

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OBSL et l’Économie Sociale, in Great Britain the Voluntary Sector Review and a number of other new journals have all established solid records of publication of interest to public administration.

There are also a substantial number of international, national and regional conferences, workshops, discussion lists. Annual ARNOVA (Association for Research on Nonprofit Organizations and Voluntary Action) conferences and biennial ISTR (International Society for Third Sector Research) anchor an increasingly rich schedule of meetings and research conferences.

Methods, Issues and Challenges

Because of the large number of organizations (more than a million) in the U.S. nonprofit sector, the number and diversity of nonprofit management educational and training programs, and the relative newness of the research literature, it is difficult to make extensive generalizations about the methods of nonprofit

management with a high level of certainty. In general, however, we can note the importance of law, conventions (including the large number of PA programs noted below) and professional norms of public administration and other fields on this question.

One thing that is clear is that nearly all U.S. nonprofits are engaged in service delivery in some form, and a large number of these are delivering public services. Producers of other forms of output, particularly primary and extractive industries and producers of tangible goods, have shown little or no propensity to adopt the nonprofit organization form. Thus, many nonprofit managers are concerned with issues of public service production. There are, however, important exceptions to this generalization. Major exceptions, for example, include foundations and federated financial intermediaries of the United Way type – including the Combined Federal Campaign that targets federal employees and several similar state employee campaigns. Together, domestic and international United Ways and the various combined governmental campaigns make up the world’s largest organized

workplace giving effort. Together with the nearly 100,000 foundations, they also provide major forms of funding and other “financial services” to other nonprofits, and to individuals and families.

The law of nonprofit management in the U.S. is predominantly state law. Federal legal involvement with nonprofits and the third sector is almost exclusively

mitigated through tax policy and IRS features like the IRS-990 and the legal doctrines of exempt entities and public charities. State and federal law are universally clear on several questions: Boards of directors are everywhere

responsible for “managing the affairs of the corporation” and nonprofit managers are legally the agents (in a legal principal-agent relationship) of the board,

regardless of degree of professionalization and whether they are paid or volunteers. This legal fact makes dealing with boards the one most pervasive constant of

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nonprofit management; virtually everything else is subject to significant variations. Another question that is legally clear is the respect that is owed to “donor intent”. The resulting necessity of earmarking “restricted donations” to nonprofits looks very much like forms of earmarking and the need to respect legislative intent in public organizations.

Another important characteristic of nonprofit organizations is extreme variation in size (somewhat between a 90/10 or 80/20 rule) with as little as 80% and as much as 90% of the assets of the entire nonprofit sector controlled by fewer than 10% of the organizations, with the other 80-90% of organizations dividing the remainder. In particular, fewer than 15,000 large nonprofit hospitals and other health care organizations and educational institutions (“private” colleges) control the lion’s share of nonprofit assets while the remaining 1.49+ million smaller nonprofits compete for the remaining resources. Much the same pattern of a small number of very large foundations and a large number of relatively small ones is evident among the roughly 100,000 foundations in the U.S. The larger organizations are

universally (perhaps inevitably) organized as formal, policy-based, bureaucratic organizations, while the remaining smaller organizations display a bewildering variety of management patterns from formal to informal.

Teaching Nonprofit Management

Instruction in nonprofit management in the U.S. – all of which is of relatively recent origin – has taken a wide number of different forms, from continuing education workshops, undergraduate and graduate specializations and specialized doctoral programs in philanthropic studies, nonprofit organization and social enterprise. The latest version of a continuing series of regularly-updated studies at Seton Hall University found nearly 350 colleges and universities currently listing courses in nonprofit management as well as nearly 100 programs of noncredit courses on topics like fundraising, governance and organizing and more than 75 continuing education programs for nonprofit managers. The largest number of these are in some variation of public administration, public affairs, or public policy. (The exact number of P.A. programs is very difficult to determine because of duplication in the list and variations in denotation of the degrees and program names.) In addition, more than 150 schools offer coursework for undergraduate credit. Of these, more than half (nearly 70) are affiliated with American Humanics, an alliance of colleges, universities and nonprofit organizations to prepare undergraduates for careers with youth and human service agencies. Finally, about 250 colleges and universities have at least one course within a graduate department, 211 of which are part of a

graduate degree with a concentration (three or more courses) in the management of nonprofit organizations, while 32 other universities offer one or two graduate

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Conclusion

There is little question of the tremendous growth of the number of nonprofit

corporations and foundations seeking exempt entity (501-c-3) status from the IRS (the primary source of numbers of U.S. nonprofits) and the emergence of a consciousness of a nonprofit or third sector convincing enough to transcend many traditional distinctions and differences between the assorted arts and cultural, educational health and human services, and other distinct domains. Many questions remain, however, regarding the meaning and significance of this set of developments.

One of the many important questions, for example, is whether the sudden growth spurt in nonprofit and foundation formations in recent decades is a temporary phenomenon – a product, for instance, of public policy and initiatives and federal tax administration, or

legislative, executive and/or administrative connivance to off-load public functions and make government at all levels appear more svelte than it really is. To what extent, in other words, is nonprofit growth a creation of neo-conservatism or neo-liberalism?

And, if a large, statistically and strategically important nonprofit sector is a genuinely new development in contemporary life, as the many publications of Lester Salamon (1982; 1993; 2012, et. al.), Michael O’Neill (1989; 2002), Peter D. Hall (1992), and numerous others have argued, what sort of development is it? Is it a bone fide “third” sector on par with public and market sectors, or merely a distinctive cluster of service industries, comparable perhaps to the transportation or hotel and motel sectors? To what extent is it in part an independent sector distinct from both government and business (Cornuelle, 1965)? Is it a distinctive new form of collective behavior, perhaps even on par with politics and economics? Is it best seen as a social economy as Jon Van Til (1989), Laurie Mook, and Jack Quarter, et al. (2015) have argued. Is it, in part, a commons as Lohmann (1992a; 2015) argues? Or, a (or even the primary) manifestation of civil society (Anheir, 2010; Sievers, 2010; Wagner, 2012).

If the nonprofit sector is a new phenomenon, how is it best explained? Is it a reflection of conventional political and economic manifestations of self-interest, charitable and

philanthropic altruism, Tocqueville’s “self-interest properly understood” or something else entirely? To what extend do conventional (disciplinary) economic, political, social and cultural perspectives adequately account for these new developments or is some more multidisciplinary explanation in order (Lohmann, 1992b)? Is there evidence of an empirical blending or

“hybridization” of traditional public and private organization types (Billis, 2010; Smith, 2014)? Or does such convergence indicate a clash between empirical realities and theoretical ideal types? To what extent is social enterprise “in” or part of the third sector or outside it in a separate, fourth sector?

These and many more questions remain to be answered about this interesting new set of developments.

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Armstrong, James S. Planning Special Events. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2001.

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Carver, John. John Carver on Board Leadership : Selected Writings From the Creator of the World's Most Provocative and Systematic Governance Model. The Jossey-Bass Nonprofit and Public Management Series, San Francisco, Calif.: Jossey-Bass A Wiley Co, 2002.

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Carver, John. John Carver on Board Leadership : Selected Writings From the Creator of the World's Most Provocative and Systematic Governance Model. The Jossey-Bass Nonprofit and Public Management Series, San Francisco, Calif.: Jossey-Bass, A Wiley Co, 2002.

Chrislip, David D. The Collaborative Leadership Fieldbook : A Guide for Citizens and Civic Leaders. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2002.

Clarke, Cheryl. Storytelling for Grantseekers : The Guide to Creative Nonprofit Fundraising. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2001.

Clarke, Cheryl. Storytelling for Grantseekers : The Guide to Creative Nonprofit Fundraising. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2001.

Clotfelter, Charles. “Who Are the Alumni Donors? Giving By Two Generations of Alumni From Selective Colleges.” Nonprofit Management and Leadership 12, no. 2 (2001): 119-138.

Cohen, Steven, and William B. Eimicke. The Effective Public Manager : Achieving Success in a Changing Government. 3rd ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2002.

Dart, Raymond. “The Legitimacy of Social Enterprise.” Nonprofit Management & Leadership 14, no. 4 (2004): 411-424.

Dees, J. Gregory, Peter Economy, and Jed Emerson. Enterprising Nonprofits : A Toolkit for Social Entrepreneurs. Wiley Nonprofit Law, Finance, and Management Series, New York: Wiley, 2001.

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Greenlee, Janet S., and John M. Trussel. “Predicting the Financial Vulnerability of Charitable Organizations.” Nonprofit Management and Leadership 11, no. 2 (2000): 199-210.

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Irwin-Wells, Suzanne. Planning and Implementing Your Major Gifts Campaign. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2001.

Jordan, Ronald R., Katelyn L. Quynn, and Carolyn M. Osteen. Planned Giving : Management, Marketing, and the Law. 2nd ed. Wiley Nonprofit Law, Finance, and Management Series, New York: Wiley, 2000.

Jossey-Bass Inc. The New Nonprofit Almanac and Desk Reference : The Essential Facts and Figures for Managers and Volunteers. 1st ed. Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2002.

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Kim, SE, and Lee, JW. “Is Mission Attachment an Effective Management Tool for Employee Retention? An Empirical Analysis of a Nonprofit Human Services Agency.” Review of Public Personnel Administration 27, no. 3 (2007): 227.

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Lindahl, Wes, and Aaron Conley. “Literature Review: Philanthropic Fundraising.”

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Linden, Russell Matthew. Working Across Boundaries : Making Collaboration Work in Government and Nonprofit Organizations. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco, Calif.: Jossey-Bass, 2002.

Lister, Gwyneth J. Building Your Direct Mail Program. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2001. Lister, Gwyneth J. Building Your Direct Mail Program. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2001. Lynn, DB. “Symposium: Human Resource Management in Nonprofit

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Framework for Understanding, Guiding, and Improving Policies and Programs. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass, 2000.

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McLaughlin, Thomas A. Trade Secrets for Nonprofit Managers. Wiley Nonprofit Law, Finance, and Management Series, New York: Wiley, 2001.

Mook, Laurie, Jorge Sousa, Susan Elgie, and Jack Quarter. “Accounting for the Value of Volunteer Contributions.” Nonprofit Management & Leadership 15, no. 4 (2005): 401-416.

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Orosz, Joel J. The Insider's Guide to Grantmaking : How Foundations Find, Fund, and Manage Effective Programs. 1st ed. The Jossey-Bass Nonprofit and Public Management Series, San Francisco: Jossey-Bass Publishers, 2000.

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Pointer, Dennis Dale, and James E. Orlikoff. The High-Performance Board :

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