It is Time for the Attorney General to Support the Right Thing – Delay The Act
by Doug Sauer, CEO, NYCON
Okay folks – here's the latest.
If the AG is not going to aggressively enforce the Act because he knows that many boards of directors are not yet be prepared to be compliant, than why not do the right thing and delay it? What is the logic here? Perhaps they realize that the Act is so complex and detailed and pertains to so many nonprofits, that it is unenforceable anyway.
It is time for the AG to think beyond their own purvue. Even if the AG backed off of enforcement, it does not solve the problem of disgruntled “members”, employees, former directors, and others using the fact that the law is in place to sue non-compliant boards for their errors or omissions. If the Act does anything, it creates a lot of “trip wires” for boards and dramatically increases their liability exposure. The AG is also ignoring the fact that every government contract - federal, state and local, requires compliance with applicable laws and regulations. Add the NYS Grants Gateway process to this mix and the unintentional consequences on the sector can be staggering.
It is becoming clearer to me that the AG’s Office is more concerned with wanting to bask in the glory of being responsible for having the most heavily regulated nonprofit sector in the nation and for birthing the Nonprofit Revitalization Act on July 1st, than caring about the true overall impact of this rapid roll out on well-meaning volunteer boards of directors.
The good news is that thanks to your support, we are making headway, as a growing number of legislators are understanding and sharing our concerns. The same appears to be true with the Governor’s Office whom I met with last week.
The reasonable solution for now is simple, delay select provisions of the bill.
NYCON has been doing extensive webinars and trainings on the Nonprofit Revitalization Act, educating the nonprofits.
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