ESPOIR
GIFT ACCEPTANCE POLICY
1. Overview |
ESPOIR encourages gifts that will help it further and fulfill its mission, and which reflect the values of our organization.
This policy supplies important information for ESPOIR representatives who may be involved in the solicitation and acceptance of gifts, to outside advisors who may assist in the gift planning and solicitation process, and to prospective donors in order to help them fulfill their philanthropic intent. The policy describes the procedural and substantive screening requirements for all gifts to ESPOIR. These requirements are intended to ensure that ESPOIR maintains the public’s trust as it carries out its mission to support individuals, families and communities in developing healthy relationships, fostering intergroup and cross-group collaborations, and building a consciousness of peace through education in the areas of spiritual awareness, emotional resilience and intelligence, and the practice of mindfulness and wholeheartedness.
This policy supplies important information for ESPOIR representatives who may be involved in the solicitation and acceptance of gifts, to outside advisors who may assist in the gift planning and solicitation process, and to prospective donors in order to help them fulfill their philanthropic intent. The policy describes the procedural and substantive screening requirements for all gifts to ESPOIR. These requirements are intended to ensure that ESPOIR maintains the public’s trust as it carries out its mission to support individuals, families and communities in developing healthy relationships, fostering intergroup and cross-group collaborations, and building a consciousness of peace through education in the areas of spiritual awareness, emotional resilience and intelligence, and the practice of mindfulness and wholeheartedness.
2. Definitions
A. A “gift” means a donation of money or other thing of value (such as an in-kind gift) to ESPOIR.
This policy addresses all gifts to ESPOIR.
B. A “donor” is an individual, charitable vehicle, for-profit corporation, or other business entity that makes a gift to ESPOIR. For purposes of this policy.
C. A “donor identity unknown” gift is one where the identity of the donor is unknown to ESPOIR (i.e. the gift is delivered by a neutral third party).
D. An “anonymous” gift is one where the identity of the donor is known to ESPOIR, but the donor wants to limit public awareness of the gift, its amount, or other terms.
E. A “corporate gift” refers to any contribution from a for-profit enterprise or one which serves for-profit enterprises, and refers to, among others, corporations, companies, limited liability companies (LLCs), limited liability partnerships (LLPs), partnerships, 501(c)(6) non-profits, and other business entities. The term “corporate gift” also includes contributions from a business executive or director where the gift appears to have originated with the business, appears to be controlled by the company, or will significantly benefit the business in question.
This policy addresses all gifts to ESPOIR.
B. A “donor” is an individual, charitable vehicle, for-profit corporation, or other business entity that makes a gift to ESPOIR. For purposes of this policy.
C. A “donor identity unknown” gift is one where the identity of the donor is unknown to ESPOIR (i.e. the gift is delivered by a neutral third party).
D. An “anonymous” gift is one where the identity of the donor is known to ESPOIR, but the donor wants to limit public awareness of the gift, its amount, or other terms.
E. A “corporate gift” refers to any contribution from a for-profit enterprise or one which serves for-profit enterprises, and refers to, among others, corporations, companies, limited liability companies (LLCs), limited liability partnerships (LLPs), partnerships, 501(c)(6) non-profits, and other business entities. The term “corporate gift” also includes contributions from a business executive or director where the gift appears to have originated with the business, appears to be controlled by the company, or will significantly benefit the business in question.
3. Substantive Rules on Gift Acceptance
Charitable giving involves balancing philanthropic, personal, financial, and tax considerations to achieve a fair and proper balance between the interests of the donor and the purposes of ESPOIR. This includes the following standards.
A. The principal basis for making a gift should be the desire on the part of the donor to support the mission, programs, and objectives of ESPOIR.
B. Fundraisers shall advise donors only in areas in which they are professionally qualified and shall defer to other professional advisors as necessary. All potential donors shall be advised to use their own legal and tax counsel in matters relating to their potential gift. No gift shall be knowingly urged upon any prospective donor that would benefit ESPOIR at the expense of the donor’s interest and welfare.
C. ESPOIR reserves the right to refuse or return any gift that is not consistent with its mission, that could introduce a conflict of interest, that is prohibitively restrictive, that could expose ESPOIR to liability or adverse publicity, or that could violate local, state or federal law. Furthermore, gifts will be accepted only when:
(i) Undue influence will not be exerted by the donor to shape the spending of ESPOIR nor to distort the mission or programs of ESPOIR; and
(ii) The gift does not endanger the public’s trust in ESPOIR to provide funds to individuals and families for education in the areas of spiritual awareness, emotional intelligence, and the practice of mindfulness and wholeheartedness to foster healthy relationships, intergroup and cross-group collaborations, and a consciousness of peace.
(iii) The sources of the gift are lawful
(iv) No goods, services or more than incidental benefits are provided to the donor or recommending donor if given via a donor advised fund.
D. ESPOIR will honor all requests by donors for anonymity where anonymity would not violate any legal requirements for disclosure. Policies and procedures related to protecting the anonymity of gifts are set forth in Section 5, below.
E. ESPOIR prefers unrestricted gifts, meaning ESPOIR has complete discretion for using the gift. If a donor insists on making a restricted gift, donors and their advisors are encouraged to use language in the drafting instruments that would permit the gift to be used for a more general purpose if, in the opinion of the Board, the restricted or designated purpose is no longer feasible.
A. The principal basis for making a gift should be the desire on the part of the donor to support the mission, programs, and objectives of ESPOIR.
B. Fundraisers shall advise donors only in areas in which they are professionally qualified and shall defer to other professional advisors as necessary. All potential donors shall be advised to use their own legal and tax counsel in matters relating to their potential gift. No gift shall be knowingly urged upon any prospective donor that would benefit ESPOIR at the expense of the donor’s interest and welfare.
C. ESPOIR reserves the right to refuse or return any gift that is not consistent with its mission, that could introduce a conflict of interest, that is prohibitively restrictive, that could expose ESPOIR to liability or adverse publicity, or that could violate local, state or federal law. Furthermore, gifts will be accepted only when:
(i) Undue influence will not be exerted by the donor to shape the spending of ESPOIR nor to distort the mission or programs of ESPOIR; and
(ii) The gift does not endanger the public’s trust in ESPOIR to provide funds to individuals and families for education in the areas of spiritual awareness, emotional intelligence, and the practice of mindfulness and wholeheartedness to foster healthy relationships, intergroup and cross-group collaborations, and a consciousness of peace.
(iii) The sources of the gift are lawful
(iv) No goods, services or more than incidental benefits are provided to the donor or recommending donor if given via a donor advised fund.
D. ESPOIR will honor all requests by donors for anonymity where anonymity would not violate any legal requirements for disclosure. Policies and procedures related to protecting the anonymity of gifts are set forth in Section 5, below.
E. ESPOIR prefers unrestricted gifts, meaning ESPOIR has complete discretion for using the gift. If a donor insists on making a restricted gift, donors and their advisors are encouraged to use language in the drafting instruments that would permit the gift to be used for a more general purpose if, in the opinion of the Board, the restricted or designated purpose is no longer feasible.
4. Procedures on Gift Acceptance
A. Review by the Board of Directors:The Board of Directors has a fiduciary responsibility to ensure that gifts align with ESPOIR’s mission and comply with it policies. The Board of Directors is responsible for reviewing all gifts using publicly available information to determine whether the gift complies with this policy’s substantive requirements. This review will be conducted at a board meeting, and if the gift exceeds $10,000 prior to solicitation of the donor, or prior to acceptance of unsolicited gifts.
B. For each gift, the review will include:
(1) Name of the donor. In the case of anonymous gifts, the name of the donor will be known to the Board of Directors, but not disclosed publicly.
(2)Amount of his/her annual aggregate annual gifts
(3) Any restrictions as to the use of the gift
(4) A determination regarding why this gift complies with our gift policies.
For each “donor identity unknown” gift, the review should include:
(1) Amount of each gift
(2) Any restrictions to the use of the gift
C. Recordkeeping:
Any determination, consultation, or notification required by this policy will be recorded in writing (paper or electronic), to a degree of detail appropriate to the magnitude of the gift and any applicable circumstances, and such records shall remain accessible to the Board.
B. For each gift, the review will include:
(1) Name of the donor. In the case of anonymous gifts, the name of the donor will be known to the Board of Directors, but not disclosed publicly.
(2)Amount of his/her annual aggregate annual gifts
(3) Any restrictions as to the use of the gift
(4) A determination regarding why this gift complies with our gift policies.
For each “donor identity unknown” gift, the review should include:
(1) Amount of each gift
(2) Any restrictions to the use of the gift
C. Recordkeeping:
Any determination, consultation, or notification required by this policy will be recorded in writing (paper or electronic), to a degree of detail appropriate to the magnitude of the gift and any applicable circumstances, and such records shall remain accessible to the Board.
5. ESPOIR’s Responsibility to Respect Donor Privacy and Confidentiality
A. All parties involved in soliciting, accepting and managing anonymous gifts, including but not limited to the Board of Directors, staff and volunteers, will abide by the terms of the donation and make all reasonable efforts not to disclose any information about the donor or the donation that is not required by law.
B. All Directors, volunteers, and staff that receive confidential donor information may be required to sign a confidentiality agreement regarding anonymous gifts each year, as determined by the Board of Directors.
C. Any intentional violations of donor confidentiality shall be subject to disciplinary action.
B. All Directors, volunteers, and staff that receive confidential donor information may be required to sign a confidentiality agreement regarding anonymous gifts each year, as determined by the Board of Directors.
C. Any intentional violations of donor confidentiality shall be subject to disciplinary action.