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Posts from the ‘Equity and Ethics’ Category

#345 Accountability Begins… Our National Shame

July 8th, 2019

Richard Marker

An alert to those who only read my posts for their thoughts on philanthropy. This is another one that deals with politics. If others in the philanthropy world may feel that it leads to increased advocacy, so be it.

Many of you know that one of my life changing experiences was having been in Berlin on 9 November 1989, known widely as the day the Wall came down. I have written about my thoughts on that day in the past; this piece is inspired by the larger context of my visit to Germany that ended on that date.

1989 was the second generation after WWII. Sadly there are deniers today who choose to not believe the facts of the German depravity and culpability that led to the Holocaust of 6 million Jews, and 5 million others, but the Germans knew then [and still do!] that it was not hyperbole, and represented national shame, embarrassment, and an ineradicable blot on their place in history.

My visit was one of many that the then West German government sponsored to demonstrate that they did not ignore this shame and were trying, in the most institutional ways that they could, to internalize their own commitment to “never again.” Our small group were young-ish leaders in the Jewish world of North America. The 3 weeks were exhausting and powerful.

There was no attempt to sugarcoat German history or to claim that it was unrelated to their present. Thus we saw remnants of the Holocaust institutions, the earliest concentration camps and preliminary gas chambers, the memorials, the archives of the shocking official propaganda developed to shape German opinion. And much more.

Because 1989 was just beyond the 50-year anniversary of the Kristallnacht Pogroms, there were exhibits in libraries, schools, town centers, and elsewhere. We saw how grandchildren confronted their grandparents, how people outed themselves as having Jewish relatives that they denied or rejected to protect themselves. Two generations were enough time for people with memory to come clean, and for those who had not yet been born to learn what their unchosen legacy was all about.

The trip, though, was not only about the Holocaust and German culpability. It was very much about how a nation was re-thinking itself, rebuilding itself, contemplating a new world order, and trying to achieve the delicate balance between a history of German excellence in arts, science, literature, education, music, and more – with this abysmal period. [We also visited places that are chapter headings in Jewish thought over a thousand-year period, but that is for another article.]

We learned that German education mandates Holocaust education and even site visits to “camps.” In those days, there were still enough survivors to have presentations in every school by those who could relate their painful and horrific memories.

We also learned, and we are now getting to the essential point of this essay, that soldiers were taught that they must resist immoral, inhumane orders. Just because something is ordered doesn’t mean one should obey, and just because something is legal doesn’t make it right. The military system taught every single soldier of these distinctions. After all, they knew, it wasn’t only a depraved despotic leader that caused these deaths and the suffering of the Shoah, but it could only happen because of those who decided to follow those orders. I am not an expert on military training or how this is or isn’t taught elsewhere in the world, but I confess that I was profoundly moved by a nation that taught its own civil disobedience as the highest form of civic duty.

It is unnecessary to point out the immoral, dishonest, questionably legal actions of the person occupying the seat of the presidency of the United States today. He is certainly not the first despot in history – and sadly he won’t be the last. But we do need to take stock of what allows so many of our fellow citizens to feel that this immorality and dishonesty doesn’t matter. And we do need to take stock of what allows people, wearing uniforms and acting in the name of this country, to do despicable things that we hope they know are wrong.

After WWII we learned that “just following orders” is not a sufficient alibi when ordered to do immoral and inhumane acts. International law has been enacted to insist on that. But what have we not done in the US education system – of the military or of ICE or the police or even of too many everyday citizens – that they feel free to act in such ways or feel supportive of them? It is beneath contempt and brings a blot on the identity of all of us who call ourselves American who believe in the rule of moral law and justice.

And let’s be clear: the issue isn’t whether the correct descriptions of the places where this insanity is carried out are “concentration camps” or “detention camps” or any other nomenclature. That argument is merely a political obfuscation of the terrible and unacceptable actions taking place.

I have no doubt that one day our country, too, will be held accountable in very real ways. I suspect we too will learn, far too late, what West Germany needed to learn in the 50’s, that we prevent immoral behavior by teaching its unacceptability at every level of society. That doesn’t guarantee that there won’t be despotic leaders, but it diminishes the likelihood that their minions will feel empowered to follow inhumane orders for political purposes.

Let us hope.

#340 “Foundation People Aren’t Like Other People”

June 18th, 2019

Richard Marker

There I was, sitting in the waiting room at New York’s Penn Station. The person sitting next to me was on the phone discussing her work for the entire time I was there, in a decidedly non-whispery voice.

I have only an inkling what this person does, and even less about what those on the other end do. All I can report is the one line that immediately caught my attention. “You can’t let it upset you. Remember, foundation people aren’t like other people.”

You are probably not surprised that I began to listen more intently, and it became clear that she was talking about a very well-known foundation. And, interestingly, one that has made public strides to become more user friendly and equity oriented. Yet, evidently, not so much so that the invisible person on the other end could resist complaining.

All of us in our field know that saying “no” or “yes” is loaded, no matter how hard we try. I want to be very clear that I have no reason to assume that the foundation person was unreasonable, curt, demanding, officious, or any of the other pejoratives for which we are known, sometimes deservedly. So, let’s not assume that the foundation person was culpable. Nevertheless, the person I was listening to had no problem painting us all with a single brush stroke.

Is it true that we are “not like other people”? Is it true that our privileged role, by definition, makes us inscrutable to everyone else? Is our power, exercised or not, so intimidating that, even without trying, we all seem to be living in our own world?

I don’t think so and many of us spend a lot of time trying to model accessibility, honesty, candor, and support. Yet, this episode, even if anecdotal and not worthy of statistical generalizations, is one that we all need to take seriously. Especially since the well-known foundation has very publicly tried to model best behaviors, this comment cuts deep. We clearly have a lot to do.

There is much to say about issues of equity, decision making, and many of the larger systemic issues – about which we have written in the past and to which we will return in subsequent posts. But in the meantime, let’s not forget that many of us on the grantmaking and foundation side of things still have some catching up to do if we are to be models of genuine partnership, collaboration and collegiality.

One never knows what lessons one can learn simply minding one’s own business. Hearing unsolicited evaluations, and taking them to heart, isn’t a bad start.

#337 Localism need not be Isolationism: A Mandate for Philanthropy

May 26th, 2019

Richard Marker

I wouldn’t be writing this if I hadn’t observed it on a number of recent occasions in philanthropy settings. [As readers know, I try to write these pieces so that individual funders or foundations are not easily identified, so the examples below will be, purposely, devoid of identifiable specifics. But they are real.]

In our field there has been a very healthy discussion about the best ways to use our voluntary resources, including our philanthropic dollars and leadership roles. That is always appropriate, never more so than in this misanthropic political era. None of us want those precious resources to be wasted, and most of us recognize that there are persistent systemic issues that beg our attention.

Many funders, either for reasons of habit or because they have carefully determined that it is the best for them, focus all or most of their resources locally. Place-based philanthropy is surely as old as any philanthropy, and most of us can see needs right in front of us if we choose to look. However, rarely does that local funding rise to the level of systemic solutions.

If one reads much of the current literature, one may feel that such local funding is inadequate or ill spent or simply irrelevant. It isn’t. For even if we were to determine that we know exactly how to solve huge systemic issues such as education, health care, poverty, climate change, etc., the only way that happens is if there is an on-the-ground component. People need to be healthy, not just the health care system. Children need to learn, not just school systems. People need to practice good environmental practices, not just through the EPA [when it is allowed to do its job!] That all happens to real people in real places, all of whom are, by definition, somewhere- that is local.

Let me be clear and reiterate what most of you know: I am a big believer that social and systemic change requires advocacy, big picture thinking, and a commitment to equity. Classic philanthropic giving alone won’t cut it. But I also know that it can only work through implementation, on the ground, locally.

However, what I recently discovered, to my surprise, is that many funders, yes, even some well-staffed foundations, still don’t see the relationship of their local funding to a bigger picture. They have decided to fund locally and act as if that place is a closed, self-contained system.

For one example, I recently was present when a group of funders were reviewing their reaction to a very genuine local disaster/crisis. Their compassion and generosity were beyond reproach. They did good things, their thinking was right on, and they developed some short-term very effective responses. What surprised me, though, was that they had gone through the entire process, and were about to extrapolate long term implications, without anyone in the room having heard of an organization that has already developed best practices through many disasters and has examples directly applicable to the community in question. It wasn’t my imagination, because when I mentioned that organization, everyone in the room confirmed that they hadn’t heard of it.

It was a classic example where localism had, unnecessarily, led to isolationism. It might be disappointing if a single funder had acted and thought that way, under the assumption that no one knows and understands their “place” as well as they do. But when a group of funders and foundations, some of whom were quite sizeable and staffed, acted that way, it troubled me.

Another example of this is the tendency of some affinity-defined groups to see themselves as unique. “Our… [choose one: religion, ethnicity, political history, race, gender, …] is not like others and, just as others cannot understand us, so too we need not learn from others.” I have previously written about the “with us or agin’ us” tendency of intersectionality, but here I am speaking about the tendency of some funders within these groups to mirror an isolationist tendency in their funding decisions. Why learn from or collaborate with others if we don’t feel that they can understand our uniqueness.

Lest anyone misconstrue what I am trying to say, I want to categorically affirm that there are distinct challenges to every affinity-defined group and there are indeed legitimate special interests and concerns that should be factored into all sorts of areas, including funding. At the same time, there are generic issues of decision-making and ethics and equity and systems- change that transcend those distinctions. It is not, and should not be, one or the other; understanding both the distinctive and universal at the same time is absolutely crucial.

One of the reasons I began to be an educator of funders in 2000 was my impatience with the field’s mantra at the time: “You’ve met one foundation, you’ve met one foundation” – usually stated with a self-satisfied chuckle. One doesn’t hear that very often anymore because the world has changed: There are more affinity groups. There are more on-line resources. There have been more articles in the mainstream media about our field. And there are more educational opportunities. Even those who may choose to fund locally or idiosyncratically are fully aware that there is a field, there are substantive things to know. [I am not so naïve to think that everyone joins those groups or takes those courses, only that working in isolation is now a choice, not a default.]

There is, as well, an implicit and important mandate for local or place-based or affinity-defined funders to take the larger picture seriously. Just as it is impossible to actualize systemic change in the abstract, so too it is impossible for those funders committed to systemic change to make good funding decisions if they don’t fully see how those decisions work- or don’t. Place based funders hold vital insights and actionable data that needs to feed into the policy and systems conversations. Some few situations may very well prove to be too idiosyncratic to be useful, but most local funding situations are reflective of larger challenges. How local funders answer those questions of learnings, provide information on what worked and didn’t, and participate in a dynamic dialectic on those issues can make the difference between moving toward real change vs another “big bet” gone sour.

In other words, funder isolation is counterproductive in both directions; place-based and affinity-defined funders can – and many do – learn from emerging practices and systems thinking; and big picture funders can – and many do – learn from those on the ground.

Place-based and affinity-defined funding will always have a place. Systems funders do as well. Neither should work in isolation even if they choose to fund only within their sphere of commitment.

Good philanthropy requires no less.

#336 Varsity Blues, Legacy, and Equity: the Challenge to the Philanthropy Sector

April 1st, 2019

Richard Marker

This was first posted on 21 March. Apparently a tech error prevented it from being disseminated to all subscribers.

I was a third generation “legacy” attendee of an Ivy League school. Growing up, I don’t recall too much uncertainty about whether I could go there – only if. We attended football games, my family made annual gifts [although, admittedly, there are no buildings or chairs bearing the family name], and I knew all of the school songs [do they still do that?]

My subsequent career has, I am proud to say, justified their acceptance, but I daresay, looking back, I would have been a marginal applicant today. It is my suspicion that the admissions committee did not have a heart to heart about my capabilities; rather, I was a “legacy; next application…”

In those days, that kind of legacy was sort of assumed. It rarely required an affirmative or expensive buy-in. It was the privilege that accompanied privilege.

We didn’t think about that too much in those by-gone days. I became more aware of it during the 11 years I subsequently spent teaching/working at a different Ivy League school as the world began to change and last names more readily attracted attention. But so did proactive “diversity”. There was the sense that whatever favors names or money or national origin or color brought, they were capable students who just happened to have a leg up in the ever more perverse and competitive admission process. [Along the way, I learned that there was a lot more inscrutability to the process than how much money someone had.] [My son and my nephew chose not to attend the family legacy school, so it is left to our 3-year-old grandson and his cousins to, perhaps, resurrect the chain. But that is a long way off – a good thing given the current financial realities. And only incidental to the remainder of this post.]

In any case, over the past days, there have been millions of words written about the admissions scandals – legal and illegal – in American higher education. What concerns me in reading them is that too many of the op-eds and government responses focus on too narrow a question. Here are some of my responses:

• Let’s be cautious about passing new laws regarding endowments and tax deductability. Bad cases make bad law and too quick a “fix” may saddle us with even bigger problems for both philanthropy and education. Both need fixes – but not headline-driven patches.

• I am struggling with the all too thin line between illegal bribery and legal influence buying. Of course, there is a difference, but they reflect deeper systemic issues that encompass both.

• Underlying the bribery is the reality that that not all favored admission is to the wealthy; it is, though, to the wealth of the school Athletes bring a different financial value to a school. All one has to do is look at how much a university nets from a bowl game or a March Madness slot.

• There is a real issue of what the true meaning of education has become. Here is a case where a very dated marketing device to encourage higher education has come back to bite us: Starting in the 50’s, students were encouraged to attend higher education to enhance their earning ability; true and fair enough. But when earning ability supersedes critical thinking and education as a deep-seated societal value, it loses something. [I needn’t belabor this point: We are paying the price today in the character of public discourse, the absence of critical thinking, and the horrendous lacunae of basic knowledge by too many in the USA.]

• This leads us to the challenge to and of education. We have an ethically abysmal system. Even moderately upper middle-class families cannot afford most elite higher education, and lower middle class are even priced out of State schools. And if one takes a look at the shocking attempts to defund and privatize El-Hi education as well, we have a profoundly cynical approach to the concept of civic obligation toward an educated and literate populace. [I am reminded that Thomas Jefferson and Benjamin Franklin created the first free library out of a belief that a democracy can only function if the demos is literate! How far have we fallen from those ideals?!]]

There are few public policies more transcendent than that of education. With the erosion of the commitment to a thoughtful and thinking population, combined with the sense that, at least at the higher education level, it must be bought, we have a much greater problem than a few wealthy people securing their place in a social caste system.

Philanthropy does not have clean hands in this. After all, the largest gifts typically go to the already wealthy institutions. And while a few outliers like Michael Bloomberg may have committed a 10-figure gift toward scholarships at his own elite alma mater, one has to look very long and hard to find equivalent 7, 8, or 9 figure gifts to the institutions a bit lower on the class scale, but perhaps no lower on the teaching one. Our field talks a lot about equity, power, and the challenge of privilege, but it is rare indeed that our largest investments go to the kinds of investments and grantmaking that redress those societal needs.

More than anything, education needs a major adjustment in public policy – more resources, more affordability, and more genuine commitment to critical thinking. No question that philanthropy can never and should never be expected to do that alone. What we do have is an obligation to make sure that we are using our position of suasion and our resources in ways that narrow the caste, wealth, and learning gap.

If not, we may be sure that Varsity Blues type scandals will continue to cast a harsh light on our privilege.

#333 – Medicare for All, Equity, and the Philanthropy Question

February 11th, 2019

Richard Marker

When I first started writing this article, it was intended to focus on how and why “Medicare for all” has become a screen for concepts of equity and fairness in the United States. Indeed, it has become an early metric for where on the Liberal/Progressive continuum Democratic 2020 candidates position themselves.

In an addendum below, I will address my thoughts on this question, but as I was writing them, I realized that my key issue has more to do with the gaping chasm between those few who have and the massive numbers of those who don’t.

Most readers, I am sure, recall the “Occupy Wall Street” movement of a few years ago. There were some tactical and strategic errors that their leadership made so the initiative fizzled. Yet, it did serve the purpose of changing the vocabulary of how we discuss the impact of public policy on matters of wealth accumulation. We became friendly with some of the key organizers and felt comfortable associating ourselves with the main thrust of their rhetoric. We are very far from underprivileged ourselves, but, as the chant went: “we are [among] the 99%”.

We were not the only ones in our position to join in the marches. I, for one, chose to wear my customary bow ties and bespoke suites since I wished to, semiotically, emphasize that this was about policy and policy includes all of us. Professionally and personally, we know many people who do fit into that 1% category and most [but far from all] of them readily acknowledged that there was inequity, injustice, and a disproportionate disparity between the very wealthy and everyone else. Many wealthy and super-wealthy people were more than willing to affirm, at least in private, that the protesters were correct, and they and other people of great wealth could easily double their own taxes and not feel a thing.

It appears, though, that their own lobbyists didn’t get the memos so when the tax sham was passed in the current administration, it only widened the divide. I haven’t done a survey myself, but I suspect that many of the same wealthy folks I spoke to in the Autumn of 2011 would privately give the same answers regarding equity and taxes. But now that we have an administration and cabinet led by those with extreme wealth, it appears that the special interests of the wealth class take precedence over everything else. That means a willingness to push to violate decades old contracts for social security and Medicare for the masses of people in order to preserve those tax reductions for the few.

History doesn’t look kindly at this vast a wealth divide and those who want to learn from history should look very carefully about whether our current inequities are sustainable.

I for one feel that the only way to preempt some of those cataclysmic possibilities is through a change in public policy toward taxation. [Just as Medicare for all has become a metric in the political discourse, so has the issue of whether wealth above a certain level needs to be taxed at substantially more progressive rates. [None, we should note, are arguing for the rates that existed during the Eisenhower years.]

When I have publicly articulated these advocacy positions in some circles, one of the predictable objections is that I am advocating a redistribution of wealth. They are quite correct – but after all, I rebut, how to explain the growing wealth divide except by a legal wealth redistribution in the other direction. Rhetoric aside, all some of us want is to redistribute societal resources to a more equitable balance. Some of us think it is simply unacceptable for hunger, illiteracy, poverty, to exist because of policies that reward “wealth beyond the dreams of avarice.”

We in the philanthropy world are in a sensitive place in this conversation. After all, much of the best-known philanthropy exists because of the decision by those who have accumulated more than they think they will ever need to have some of their personal resources transferred to public good. But even though the resources are transferred, a huge amount of control remains, the power imbalance is sustained, and, if done without sensitivity, becomes just another display of privilege.

It is my view that philanthropy should always understand our role vis a vis public policy. We alone cannot eradicate systemic social ills. Our analysis of the best use of our financial and other resources should always include a determination of what each sector can and should do more effectively. I cannot imagine anyone believes that private voluntary philanthropy is equipped to eradicate hunger, illiteracy, homelessness, disease, and public safety on our own. We may have a role – there is legitimate debate about how extensive that role should be – but none can seriously believe that we have the capacity to solve the problems on our own.

That does mean that addressing public policies and social weal, including about taxes is essential to what we are about. As unique and distinctive as our sector may be, it may not, must not, exempt itself from addressing the inequity that tax policy fosters.

Of course, that will have an impact on our foundations, and our own wealth accumulation. It is a fair price to pay to correct for the radical, systemic, but fully legal inequity that has only become much worse since the Occupy Movement chanted and marched.

In many ways, our philanthropy sector is ideally suited to take the lead on this. Since we are identified with the privileged class [even though only few of us are at the rarified mega level], our voices carry a moral suasion to policy makers, and affirmation to those in need and at risk. We know that our legal and moral legitimacy mandates our commitment to public good.

We must affirm that there are profound risks to the stability and future of our nation if we don’t.

Addendum: Some thoughts on “Medicare for all”

On the surface, this should be a no-brainer:

1. The USA is the only first or second world nation with no societal commitment to provide health care to all of its citizens as a matter of right and justice [and practicality].

2. Any insurance plan is more financially viable when it includes low risk as well as higher risk. Medicare is expensive now because it is restricted to the highest user population. It would assuredly be more affordable for all if it included all.

3. Many people misperceive that Medicare is a gift offered by a benevolent Congress. In fact, all of us have paid for it from the day we first earn a pay check. To date, it has been a contract where the payback is only offered to seniors and certain others.

4. Medicare for all is NOT the same as a government run health system. Quite the contrary, we choose our own plans and physicians, with Medicare being the insurance of first claim. It is a total [and often willful] misrepresentation when anyone decries government run health care as the same as a single payer insurance program.

5. If the money individuals and companies now pay for private insurance were added to the mix, it is highly likely that the gross cost of medical insurance would drop. [I will trust folks at places like the Peter Peterson Foundation to crunch the numbers.]

6. It will eliminate the uninsured, a major drain on health care institutions. One way or another, those costs are rolled into the fee determinations we now pay. If there are no uninsured, there will be lower costs for all of us.

7. Most Medicare recipients also purchase supplementary insurance plans though the private insurance market. There shouldn’t be any reason that that cannot continue as an option..
There are legitimate concerns

8. Even if the long-term costs will prove to be lower, there will be transition costs. While I believe those transition costs will be temporary, I am not naïve to the fact that they will exist.

9. An entire insurance industry will need to be restructured and, from a political perspective, that won’t be simple even if the larger public policy benefit is clear.

10. For many employees, health care insurance is covered by employers. [Those coverages are far stingier than they used to be.] That shouldn’t be a long-term issue since it simply would require employers to redirect their payments to payroll taxes from private insurers, but, as in 9, it will require a comprehensive transition.

As I see it, this is pretty straightforward. Why do we hear that it is too radical, un-American, or too expensive?

For some, any increase in government involvement in anything is anathema. It doesn’t matter whether it is financially beneficial or more humane – they simply don’t believe in the active role of government. To those folks, there isn’t much I can say since those ideologues have their minds made up.

For some, there is fear of change even when they acknowledge that profound inequities exist in our current system. To those we need to provide quick wins and a commitment to as little bureaucratic log jamming as possible.

For some, there is still a widely held perception that, for all of its faults, the current US system is superior to others. Sadly, the data doesn’t demonstrate that now, even if it ever was true,, but we need to find ways to show individuals that their own access to health care will be easier and less expensive than what they currently have.

And if any have doubts, all they need to do is ask those of us who are currently beneficiaries of Medicare what we think. Millions would be thrilled if they could have it too.

#328 – Aligning Donor Intent with Donor Practice: Not as Easy as it Sounds.

January 10th, 2019

Richard Marker

This post is the second of a series on “Alignment” as funders – aligning our values, our staffing, our funding, and our intentions. Clients and those who have participated in our educational offerings are well aware of this thinking, but I have not previously published these practica. Please see #328 and #330 for the other installments.

The series focuses on three necessary preconditions for the successful implementation of a funding strategy. It assumes that readers already have chosen what kind of structure in which they are making these decisions – e.g., a private foundation or a DAF or an LLC, et al. For those readers who are still deciding among those options or when to use which, please feel to be in touch directly since those choices are beyond the scope of this series.

A. About a dozen years ago, I was approached by 2 third generation family members who were struggling with a dilemma. Their grandfather’s instructions were to use the foundation to support “conservation” but didn’t want any of it to go to “environmentalism.” Even if they understood the implicit political leanings in their instructions, how to implement this was proving a challenge. After all, any meaningful “conservation” funding was, of course, a form of commitment to the environment.

B. Many readers, I suspect, are familiar with another challenge of donor intent. A foundation was created “to keep the family together” – as if a lifetime of disfunction or rivalry can suddenly be eliminated because the family members are now forced to sit at the same funding table. Money may go out the proverbial door, but just having a philanthropic vehicle isn’t likely to solve unresolved family issues.

C. A similar dilemma is seen by this not uncommon scenario. The founder wanted the family to come together to make philanthropy decisions, but the organizational recipients or the geographic parameters are so tightly structured that the successor board members are all disenfranchised before they begin. What incentive do they have to participate?

D. Recently, a foundation affirmed that they did not want to support any “social justice” initiatives, when, in fact, they have a long and continuing practice of anti-poverty funding. What might that mean in practice – now and in the future?

E. And then there are those who choose to leave their intentions unstated, freeing subsequent trustees to struggle about what, if any, guidelines should apply. Should they extrapolate from the founders’ own priorities or practices? Is that liberating – endowing future generations with complete freedom – or a sign that the founder was reluctant to face his or her own mortality? What if the kinds of funding the founder chose to do are at odds with the preferences – for whatever reasons – of successor generations? Should they be free to start their thinking de novo, as if no precedent applies? And, finally, in the absence of stated expectations one way or another, is the default assumption that a foundation should exist in perpetuity?

Since the majority of funding entities, especially foundations and donor advised funds, are personal or family oriented, the matter of donor intent is not abstract. In families, every decision is personal and how family members choose to interpret or implement donor intent[ or its absence] can be read as a commentary on his or her relationship to the family, its values, its history, and its legacy. And commentaries can be affirming or judgmental, not always endearing, to others at the table.

An approach:

As we have shown in prior articles, in most cases, differences of opinions are not necessarily reflections of character flaws at all but may simply be differing but legitimate approaches to philanthropy. I have found that one helpful way to address this is to begin the process by identifying guidelines of what should always be off limits – that is, what should never be funded – because it would have been abhorrent to the founders or would violate their stated intent.

“Negative” guidelines are often easier to address than positive ones. The process can allow wholesale dismissal of entire categories, no matter the merit or type of grant requested. It even can make procedures more efficient especially with on-line guidelines or systems. Insofar as they help address our topic, families can usually agree on these guidelines more easily than those that are inclusive. At least in my professional advisory experience, it has often proved the easiest and quickest way to get at the discussion of what should be on the decision-making table where the real hard work begins.

Problem Solving:

To illustrate the way “alignment” works, let us revisit the 5 scenarios above to see what might make sense or be helpful in each case.

A. The third generation chose to apply a “conservative” approach to their approach to “conservation.” While they fully recognized that government action can be exponentially more protective, and therefore leverage a conservation commitment, they chose to restrict their funding to the localities and regions where the family lived, and where their decisions would be respected as personal commitments. Their reluctance to engage in advocacy or larger issues was a reluctance to challenge an implied intent, even if, they acknowledged, that mission might be addressed more effectively, and more in keeping with the values of the third generation’s values and priorities through advocacy.

B. There is no single or best practice answer to this one and I suspect that any of us in this field have helped resolve the challenge in a variety of ways. Sometimes, the foundation is large enough and its reach broad enough that the family can simply delegate the operation of the foundation to staff and perfunctorily go through the motions when required. Or perhaps, to set it up so that it is a single foundation in name only but functions as multiple entities under a single rubric. The Foundation continues, but no one is forced to make joint or mutual decisions.

In other occasions, even that may prove too uncomfortable, so the family may decide to close the foundation with a limited number of larger gifts honoring the founders or, perhaps, turn the corpus over to a Donor Advised Fund [see C below.]

C. When the founder/funder tries to “rule from the grave” it invariably backfires. Some in the second generation may feel a sense of obligation to their parents, but very few in subsequent generations will. They may live in different places, have different priorities, or merely not want to waste their time pretending to make decisions that are pre-determined. This is a case where a Donor Advised Fund may be an ideal solution – at lower cost they can manage and honor the founders’ restrictions, and still, nominally at least, keep the family in the loop. [This can work as a partial solution if only some of the institutional commitments are pre-determined. It means that the family or board can concentrate their energies and attentions on matters where their deliberations matter.]

D. When the words and actions diverge, it presents a real cultural challenge to funders. As in “A”, none of us in naïve about the political leanings of the founders, so what should subsequent trustees do – especially since poverty alleviation is always about addressing unfairness and social justice?

This is a case where “alignment” needs to rely on Stage 1 of the strategy process, understanding the implicit “cultures” of the foundation and those in the room. [A process alluded to in post #326 and developed more fully in numerous prior articles.] That process, if done well, has already clarified preferences regarding risk, recognition, involvement, and more. By articulating the how and why of this foundation’s poverty alleviation commitments, it can obviate the need to rely on politically loaded terms about which trustees may disagree.

E. Unarticulated intent is both the most liberating and puzzling at the same time. It happens quite frequently. Often, an attorney is more committed to creating an estate motivated vehicle than fully exploring the philanthropic needs of the family or even the client. [You would be amazed how frequently foundation Articles of Incorporation are little more than boiler plate documents reiterating basic foundation law with virtually no attention to motivation or function.]

In my experience, this has led to a variety of responses. In more cases than one might imagine, the 2nd generation did not even know a foundation existed before the founders died. To take but one example, after a difficult few years trying to make sense of it all, the responses of the third generation proved decisive: they didn’t care where the money went – only that it afforded them the opportunity to connect as an entire family on a regular basis. Once that happened, it obviated the tensions among the 2nd Gen siblings, and led to an affirmative raison d’etre of the foundation.

In another case, an unusually magnanimous founder explicitly articulated her reasons for not formulating messages to successors. She pointed out how the world had changed in her lifetime, her perspectives had evolved over her lifetime, and her understanding of the world was certainly not the same as when she was young. Certainly, future generations would be faced with a very different world and they needed the same autonomy to face their radically changing world. In my experience, there aren’t that many folks who think that way,

Most often, the absence of donor intent serves to handcuff the successor trustees as much as it liberates.. It means that everything is on the table including how committed they need to be interpreting what might have been intended but unsaid, how long to exist, how open-ended their process, how extensive their reach, how open to risk. At the end of the process, if done properly, the successors will have developed an integrated aligned funder approach that works for them and has the impact they desire. If not, it can lead to years of ungratifying grantmaking and having much less of an impact than the resources would allow.

It is worth doing properly.

#326 – Aligning Our Funding Strategy with Our Words and Intentions: The Case of “Equity”

January 7th, 2019

Richard Marker

This post is the first of a series on “Alignment” as funders – aligning our values, our staffing, our funding, and our intentions. Clients and those who have participated in our educational offerings are well aware of this thinking, but I have not previously published these practica. Please see #328 and #330 as the next installments.

The series focuses on three necessary preconditions for the successful implementation of a funding strategy. It assumes that readers already have chosen what kind of structure in which they are making these decisions – e.g., a private foundation or a DAF or an LLC, et al. For those readers who are still deciding among those options or when to use which, please feel to be in touch directly since those choices are beyond the scope of this series.

A quarter century ago, I realized that the classic strategy process I was taught, and the one still widely used, had real limitations. It called for developing and articulating an organization’s Mission and Vision as the first step in the process. Mission and vision are fine, but why was it, I wondered, that so many of the very same disagreements and misunderstandings that existed prior to developing a mission presented themselves in the decision-making board room only hours after that Mission statement was so carefully crafted?

The insight I had then, one now widely understood and used in the field and recently much disseminated by groups such as GEO and CEP, was that culture trumps strategy. So, the challenge, I felt, was to get deeply into the underlying cultural assumptions of everyone in the room PRIOR to the decision-making process. Surfacing those cultural assumptions had the power of legitimating differing inclinations regarding philanthropic behaviors. [Mission Statements still have an important place in the strategy process, just at a different stage.]

Over the years, as 100’s of foundation clients and those who have taken workshops with me can attest, I have added levels of sophistication about how to get at those assumptions and to lead directly into the next level of decisions that every funder at every level needs to address. Over those same years, additionally, I have formulated the subsequent elements: how to align all of the pieces of strategy – culture, values, focus, capacity, and style to develop an effective implementation. That requires careful alignment of all of the factors that inform those decisions. It is this alignment that makes it all work

As a way to understand this approach, this first piece in the series will address a very contemporary challenge to all of us as funders. While not new, it has never been so crucial as now, nor ever as present in our public discourse – the role of equity in our grantmaking.

To understand this, we need to decide what we fund, how we fund, and who makes the decisions that funding – in this case, about equity.

1. The “what we fund” question seems the easiest – on the surface. After all, social justice, correcting the systemic and endemic inequities that have defined our society for generations, seems to be a no-brainer. There are differing approaches about who should have what role in redressing these ills, but only the myopic or misanthropic deny it is an issue.

a. Compassion: The challenge for most of us is where along the continuum of needs we should use our resources. Compassion may inspire many to provide food, clothing, housing, and other services that provide immediate relief. Indeed, it is typically the first stop along the funding continuum. We see results for a visible problem. Those results may not be lasting, and they are certainly not systemic, but they work – and after all, the food, clothing, or housing is needed now.

For those who desire hands-on involvement, support for their local community or neighborhood, or who want the very legitimate gratification knowing that there is a positive result of one’s personal altruism, this may be a perfect alignment of values and funding.

b. Strategic: It doesn’t take long, for many, to realize that one cannot efficiently or effectively give every homeless person some food or money, so if those categories matter, compassion funding has genuine limitations. Many look for better strategies to leverage their compassion – to feed more people, to house more people, to clothe more people. When we ask the questions of effectiveness and efficiency [and they are NOT synonyms], it leads us to look for organizations that provide those direct services in better ways than we can do ourselves. Our motivations, to make a difference that goes beyond our own individual funding capacity, leads us to examine alternative methods and organizations. This process requires that we need and use additional skills and approaches to make our decisions and lead us to consider a variety of competing claims. For those willing to defer the immediate gratification of direct funding for the satisfaction of a broader and more comprehensive reach to address these same human problems, and willing to put more time and energy into making hard decisions, strategic funding is an important approach.

c. Systemic: Strategic approaches have the advantage of helping make good choices among competing organizations. Not every organization is equally adept at delivering services and not every organization does so in a way consistent with the approach of a given funder. But, for many, even strategic funding is insufficient. For systemic thinkers, the question is not which organization provides food or clothing or housing most effectively, but rather how to eliminate the need for those services at all.

Once one begins to approach questions of equity systemically, it becomes evident that most issues require a multi-sector approach and are not simply a matter of choosing between the best available option. If someone is homeless, it reflects a confluence of failures. A solution also requires a convergence of interventions. No single entity, indeed, no single sector, can deal with the large issues of homelessness, food insecurity, long term economic disparity, education, and, of course, poverty. Each requires public policy responses, private sector investments, social service expertise, and community development organizations – in addition to private philanthropy.

Aligning these efforts is no small task – failures far outnumber successes. Funders need patience, mediating skills, advocacy, a willingness to surrender some autonomy, and a tolerance for failure. A full self-awareness of the elasticity and parameters of one’s funding culture and style are preconditions. If these larger systemic challenges align with your comfort level, it opens up the possibility of addressing and perhaps making a permanent dent in society’s more resistant challenges. If, though, you don’t bring those attributes to the table, it is likely that this kind of funding will prove frustrating and unsatisfying. Alignment matters.

All three of these funding approaches legitimately count as equity funding but not all will work for every funder. Thus “alignment.”

2. How we fund is about the methods we use to get the information we need and then how we make our choices. After all, any subject as big as “equity” has many players, and at many levels, and there are very legitimate competing claims for our resources..

[There is no end to information we can gather about potential grantees, but much of it is not useful, or won’t really be used to make a decision. If you would like further advice about how to understand and effectively utilize the kinds of information that can inform our choices, please be in touch directly. That is beyond the scope of this series.]

Depending on how open or controlling we wish to be in our grantmaking, how competitive or funder pre-determined our method, will help lead to our approach for getting proposals in our docket. As we will see in #330, much of this directly relates to our preferences or choices about staffing, but it also reflects different preferences about how we wish to spend our time, how open we are to innovation, how committed we may be to certain organizations, and what relationship we wish to have with grantees.

There is no single correct/right way to do this, and indeed many funders use multiple approaches. What is clear, though, is that if we are never open to new ideas or explorations from organizations we have never funded, our own knowledge can easily become stale. And since equity has historically been so elusive to achieve, it would be quite shortsighted to presume that our past approaches are sufficient or our knowledge complete.

The implications for equity funding are very real. Those who are committed to established organizations are more typically [not always] more risk averse, and more likely to want to establish or maintain direct involvement with a limited number of organizations. Their confidence in those organizations makes it more likely that core support will be provided, or that new projects will be developed collaboratively. They are more likely to use evidence-based criteria, and it is likely that any projects they fund will succeed albeit in a strategic and not systemic way.

Except for the deepest pocketed funders, this also, typically, leads to organization that are either geographically or ideologically very close to the funders. Very very few funders have the in-house expertise to determine organizational effectiveness all over the place. Similar to the above, it leads to a likelihood to provide operating grants or core support and to be committed to the strength of the organization as a necessary precondition to reducing inequity in the field in which that organization works.

However, as we have stated above, we also know that there are problems that can only be addressed systemically, at scale, and with equal parts guts and patience. Funders open to partnerships and collaborations, willing to take big risks, and accept uncertainty are more likely to fund this way – and therefore will customarily choose to use a more varied process for obtaining potential grantees and projects. If one wants to get at the underlying causes of poverty or the seemingly ineradicable racism in American society, equity issues if there ever were any, we will likely broaden the sources of information, expand the scope of the thinking, and look for intersector opportunities before proceeding. This will usually demand a much longer time frame for decision making and be much more committed to using a not yet proven theory of change.

The alignment issue is quite clear in these examples. At different stages along the way, a funder is in or out, has comfort or doesn’t, considers the challenge within their scope of focus or not. What matters is being sufficiently self-aware to make the choices that will work best.

3. Who makes the decision: For those who have been on the funder side of the table for more than a while, this may seem to be a strange question. After all, one of the hallmarks of private philanthropy is the autonomy it allows. All sorts of people might be invited to have opinions or share their expertise, but the decision about who makes the decision where to give the money is [was] clear – and not terribly negotiable.

The “equity” question, though, forces a different reckoning – and it is here where debate is rampant in our field. And for good reason. Philanthropists and foundations are reflective of the haves. There is an implicitly patronizing element to our work – no matter how genuine and beneficent our affect and intentions. We traditionally give TO those who need it – or, more accurately, to organizations who know who needs it. How often are our recipients in the room, in any of our decision-making rooms?

If one wishes to reduce the divide and responsibly work toward social justice, it means, many now say, that funders need to take seriously the new mantra “nothing about us without us.” They would argue that the real change that must take place is not that money needs to be allocated with care, but who actually makes the decision.. This equity argument has both a practical side [“who knows better than we…”] and a justice side [“who are you to decide what is best for me…”].

Even if one fully endorses that empowerment should be a given, it is far from a given where in the continuum of decision-making that empowerment ends. The arguments range from full surrendering/delegation of decision-making to the impacted stakeholders to making sure that they have seats at various tables along the way.

From a philanthropy perspective, it is far from easy. Succession and surrendering control have proven hard enough when the successors are family. To go so far as to say that the only true social justice philanthropy is surrendering decision making to what had previously been the “recipient class” is a profound and radical leap.

Yet if one is committed to addressing systemic inequities, and eradicating destructive class and financial divides, it is a discussion that one must have.

Alignment in #1 and #2 above are making sure that our way of being funders works best – for us. #3 reminds us that none of our decisions is made in a vacuum. Each has implications not only for how we do our work, but what our values and funding stand for. That is never easy…but always important.

#329 – How Public to be with the Names of Funder Clients

January 2nd, 2019

Richard Marker

This post is not a typical one. Instead of offering thoughts on the philanthropy to our field, this is a request for feedback from funders, philanthropists, and foundations, and colleagues. It is inspired by the many self-congratulatory posts and emails disseminated widely at this time of year, and a professional question they raise for me.

I certainly have only admiration for those in our field who have been recognized and successful. After all, the philanthropy world desperately needs informed, experienced, ethical, and independent professionals who can make sure that our collective billions are wisely spent. While success does not automatically mean that those advisors are all of those things, I would like to think that many are, and are deserving of their success. [Some, I know, are less so, and are simply great salespeople, but for the purpose of this piece, we will set that issue aside.]

The reason for this public inquiry is a detail about if and when it is appropriate to publicize the names of clients.

Over the years, my own practice has been quite consistent. I never publicly share the name of a client. There are two exceptions: when potential clients want references, of course, I provide a limited number of names, but that is always a private, non-public, matter. The other exception is in teaching – and then only when I have the explicit permission of the client or the clients themselves have chosen to publicly acknowledge my role. In neither situation, though, would I put those names in published articles, on our website, or on social media.

The reasoning for this practice is very straightforward: I don’t want potential clients to be concerned that I might reveal their names when they expect confidentiality. I don’t want to rely on disclaimers to assure them of discretion.

[I should add here that I do not seek or accept retainer contracts; I only work on a project basis on matters of funder strategy, succession, and the like. Therefore, I am never in the role of being, functionally, a part time foundation officer. It is not a typical business model in our world and may help explain my thinking.]

If many of the end of year “reviews” we have all seen this past couple of weeks are indications, my very conservative practice is not the norm. Clearly many very respected colleagues are quite comfortable being very public with their client listings. Indeed, it may even enhance their marketability.

Thus, my questions – and I really hope to hear from funders as well as advisor colleagues:

• Is my long-time practice impractical and unnecessary, or conversely, does it inspire confidence?

• To funders: are you more or less inclined to invite a proposal from an advisor who has a publicly-posted list of clients? How do you learn about experienced professionals in the field?

• To advisors: what is your thinking regarding the question of publicizing clients? Have you ever experienced push back or do you find that publicizing client names enhances your appeal? If you have chosen to publicize, when do you raise that question with clients? If you have chosen not to do so, what alternative marketing approaches do you find most helpful?

It may seem strange to many of you that, this late in my career, I am raising this question. As some of you may know, I had largely suspended my advisory practice to concentrate on being a trustee, an educator, a private funder and a speaker. During this past year, though, in response to a number of direct requests, I have re-opened my philanthropy advisory practice. These questions, then, are quite relevant.

In advance, thanks. Best wishes for a successful 2019 to all.

#322 – 27 October 2018 – Words Really Do Matter

December 28th, 2018

Richard Marker

[Be sure to read the last lines]

“I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”

This quote by Maya Angelou has become a mantra in the professional public speaking world of which I am a part. Far be it from me to disagree with such a distinguished personage, but I do. This article is about “what you said.”

In the last few weeks, I have had surprising and moving experiences of people actually remembering what I said or wrote – in one case all the way back to 1968, in another all the way back to 1980. And the week before then, 3 articles I had written for 3 different journals in three unrelated contexts were, coincidentally republished. This is not the first time these kinds of gratifying experiences have happened, but I daresay never in such close proximity to each other. Never let it be said that words don’t matter. Words did and do matter.

Such self-congratulatory comments would have been tempting to write about, but I would have resisted had events of the last few days not happened. For the last 3 years, 2 of which under the constancy of a president for whom veracity is elusive, his words of divisiveness and contributing to overt hatred have characterized his influence on the public square. This week we saw more manifestations that words indeed do matter as one fanatic booster sent bombs to those whose political views that president has demonized. Rarely has there been such a straight-line connection between speech and action. And no sooner was that person arrested, we find ourselves agonizing through a mass murder with explicit anti-Semitic motivations, also influenced by distortions of fact by the sitting president. I am working hard to make sure that my own rage is directed toward the profound changes we must make and not just verbally wringing my hands.

The current occupant of the seat of the US Presidency may be an outlier in his extreme use of derisive speech and abusive rhetoric. I can add my abhorrence of such words and affect, but I am not sure that I have any insights that will soothe the pain in the hearts of so many around the USA, nor suggest a way to change that behavior that have not already been proposed. History will surely judge him, and history will also judge whether our national ethos proves better than that.

This post, though, is not about him but about us. Since there is so little “hearing” across the current political divide, I realize that I am not exempt from doing my share to bring about change.

As long-time readers may recall, I have learned that a lifetime of professionally interesting positions have enabled the kinds of anecdotes with which I began this piece Many others have accomplished at least as much and are well-deserving recipients of public plaudits. But long-time readers should also recall that one should proceed with humility before taking too many bows. Yes, my words have been recalled with fondness and affirmation by some, but I have also learned that some recall my words and affect less positively. Some with hurt.

Typically, one doesn’t hear those negatives – or we deftly block them out. In fact, it takes courage to tell someone that they screwed up and even more that one’s words were hurtful or had a negative impact.. And it takes courage to even allow oneself to hear that kind of feedback when offered.

It doesn’t matter if our words were intended – I doubt that most of us are willful or malicious very often. Sometimes our words are simply imprecise or imperfect. Sometimes our own context isn’t fully perceptible to others. Sometimes we are simply misunderstood.

Sometimes, though, we make mistakes. We say the wrong things at the wrong time. We indulge our own needs without appropriate empathy for others. We say words without any sensitivity to how they will be heard.

The more visible or influential our position, the more this can happen. There are many more who hear or read our words whom we hardly know, or know only in passing, or whom we will never meet. This is true for all of us but the more public, the more responsibility we have.

My own pride in the affirming stories of recent weeks is tempered by knowing that some others surely have different recollections. It is humbling.

I only wish that certain political leaders would learn this lesson. Soon.

In the USA, 6 November 2018 would be a good time for that to happen!

PS: 28 December As the shutdown continues, it is still a lesson worth remembering.

#327 Bullying: It’s Not Just a Kid’s Problem

December 21st, 2018

Richard Marker

I write this in the hours after our heartless government passed an 11th hour farming bill . Not so hidden was a coal-in-the-stocking gift to almost 1 million of the USA’s most at risk citizens. That gift, a reduction in SNAP [nee “food stamps”] eligibility.

The “justification” [and I use the quotation marks to show how cynical that argument] is that it would make it easier to return this population to the work force.

Let us be clear: only a mean spirited, and morally blind administration can make such a double-speak case. After all, the overwhelming majority of SNAP recipients already work as much as they can or have legitimate disabilities that drastically limit their ability to do so. Yes, these already hard-working poor do rely on society’s moral compass to assist them. SNAP doesn’t guarantee that a school child goes to school well-fed, but the absence guarantees that they won’t. It doesn’t guarantee that summers keep people from falling deeper into learning and employment deficits from which they might never recover.

This is not a case without evidence. Government sponsored, academic, and independent studies have all consistently shown that SNAP funding is the single most efficient way to reduce food insecurity. Because food is purchased at regular markets, it solves the distribution problem faced by soup kitchens and pantries [as necessary as they still are.] Once approved, it is user friendly because of the use of debit cards. And it is built on the true underlying motivation that providing dignity to recipients is more likely to encourage and abet upward mobility than more punitive approaches.

Yes, there are those whose view of government’s role means that this evidence means nothing. They, and I cannot write this without disdain, believe that government should have as little responsibility to the health and welfare of its citizens as possible. Let voluntarism take care of them. And if they fall between the cracks, it must be because of character flaws. Given the overwhelming evidence to the contrary, there can be no other argument.

But if they truly believed that productive work would save people from dependence on SNAP funding, why do those same politicians resist raising the minimum wage so workers might actually be able to live on their meager earnings? Why don’t they provide preventive health care so that workers know that they and their children can work as productively as possible without fear of incurring insurmountable debt just to care for their families? And more.

The real answer, and it is bitter and sad to say, is what I suggested above: we have policy motivated by meanness and bullying. If you haven’t made it so far, it must be your fault. Piling on is just fair retribution for your failings.

Before concluding, I want to respond to an oft heard criticism of those requiring our assistance. They charge that welfare cheats run rampant, that people on SNAP funding buy indulgent soft drinks and sweets. Why should we subsidize them?

Yes, I am sure that if one looks hard enough, one can find some who are cheating, some trying to scam the system, some who, by some standards don’t really deserve our support. But, I daresay that the percentage of those who try to get SNAP funding illegitimately pales in comparison to those middle- and upper-class citizens who try to scam the IRS, knowingly file less than complete or otherwise dishonest tax returns. Of course, you, dear reader, would never do such a thing, but you know of others that do – and most of them do it as a game, or because you believe that the rest of society needs it less than they do. I suspect that those small numbers of those who try to get extra SNAP funding are not sitting pretty in suburbia or in doorman high-rises.
The philanthropy world has been extraordinarily gutsy and outspoken about childhood bullying, using extensive resources to address a problem we all understand. There are very few families that haven’t experienced or witnessed bullying behavior [by, to, or both]. We know that it impacts learning, social development, communal comity, and individual dignity. We have not been silent on the changes we see as necessary and we have not been reluctant to expect governments, schools, and the media to respond.

It is time that we put those same resources to work, immediately, to eliminate bullying by policy. If equity means anything, if fairness means anything, if opportunity means anything, if public health mean anything, if our social and moral compasses mean anything, we have no choice.

Bullying has no place in any healthy society. Nor does enforced food insecurity. Both must be stopped.