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Associations Next: Attorney Check-In

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In this episode, we talk to Heidi Christianson, an attorney who works with associations. She tells us what we need to know about contracts with conference venues this year and what we should consider when planning an in-person event in 2021.

Takeaways:

  1. Don’t count on a force majeure term to get you out of your contract for COVID-related issues in 2021. Heidi explains that in order for force majeure to be invoked, venues must not have any way to host your event. Most venues will argue that there is some way to still hold your event, thus eliminating the possibility of force majeure.
  2. If you end up needing to cancel your contract, consider whether or not you would be willing to hold your event at the same venue the following year or within a few years. Many venues have been postponing contracts in order to hold on to revenue. This could save you cancellation fees if you are willing to be locked in early.
  3. Be in close communication with your board and your members. If you are moving forward with an in-person event, make sure you can count on in-person attendance.

Listen to the episode: Attorney Check-In

Future Forward Sign

Wrapping Up 2020

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What’s Next?

On our podcast, Associations Next, our President David Ewald discusses the disruptions we saw this year in the nonprofit world and what we can look forward to next year.

First, David explains that one of the most detrimental impacts of COVID-19 on associations was the cancelling of conferences. For many nonprofits, conferences are the main source of revenue and engagement, and shifting gears to a completely virtual format proved to be very difficult and costly for many.

Lobbying was also severely impacted. Without being able to easily communicate with legislators, lobbyists who represent associations were severely limited in how they could do their work. For many lobbyists, COVID-19 limited their access to lawmakers significantly.

Changes in volunteer commitment also varied widely. Some volunteers had more time, while others had much less time than they did before. Whether it be changes in their professional lives or personal lives with things like kids being at home, volunteer commitment was significantly changed for associations.

Still, 2020 brought some positive changes. Technology use improved significantly as a result of the pandemic. Many associations, like many other professions, were forced to adopt Zoom and other technologies almost instantly. David explains that because nonprofits learned video meetings can be a decent replacement for board meetings and other events, Zoom meetings are likely here to stay.

2021 will be a new frontier for many. Associations need to experiment and learn in order to grow in a post-pandemic world. David recommends that we focus on listening to members and volunteers to figure out anything you may need to adjust in order to be successful.

David is optimistic about what 2021 will bring. With several vaccines on the way and some being distributed already, things like traveling and gathering are around the corner. While 2020 was trying, the lessons learned during the year will set associations up well for a post-pandemic future.

Next

Associations Next: What’s Next? With David Ewald

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In this episode, we are joined by our President, David Ewald, who gives us the rundown on what happened in 2020 and what we can look forward to in 2021.

Takeaways:

  1. Associations have suffered alongside individuals and businesses all around the world during the pandemic. Without in-person events, there have been unprecedented challenges to membership and engagement.
  2. We need to learn from how we have adapted during the pandemic. Many of us are now pros at virtual communication. This is a skill that should not be lost once we can be in person again. Use your new skills to your advantage.
  3. Do not expect things to be the same as they were pre-pandemic. Many organizations undergone significant changes during the pandemic. Even once there is a widely distributed vaccine, the world will not look the same as it did before.

Listen to the episode: What’s Next?

Business Meeting

7 Actions Boards Can Take in Times of Crisis

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Crisis is something no one expects, but it is something that every organization should be prepared for. In this post, Eric Ewald, Vice President, CAE lays out 7 actions that every board should consider taking in times of crisis.

1. Make sure board members are well informed

Board members should always be well informed and knowledgeable of organizational programs, projects, and services, but it is critical that they are in times of crisis. Also, assure members have a good working knowledge of the bylaws, policies and procedures and budget. It is important that meeting time is spent wisely by reacting to change and planning. Confusion over the way the organization operates and catching board members up on things they should know is not a productive use of time.

2. Be agile

Many boards have been doing things the same way for years. This is not the time to lean back on established routines. Assess what your members need during the crisis and adjust service offerings to best meet their needs. Your board must have the ability to which can foster feelings of uncertainty and discomfort. This requires good communication and patience.

3. Assess risk

Where are you vulnerable? Take time to review your annual budget for areas of potential exposure and make appropriate adjustments to the budget and operational plans. For many organizations, conferences and other in-person events bring in a significant amount of their revenue.  How will your budget be impacted and what can you do about it?  Take time to review your current strategic and operational plans and make any needed adjustments. Reviewing all of your plans: budget, strategic and operational in the light of new circumstances and assumptions is critical.

4. Evaluate meeting times and practices

Your regular cadence for board and other governance meetings should be revisited. When not in times of crisis, frequent meetings may not be necessary as things tend to operate predictably, but given the dynamics during crisis you will likely find you need more frequent meetings and check-ins.

5. Communicate well

Is everyone in the loop? Pay close attention to any gaps in communication. Communicated well between amongst volunteer leadership and staff. For many, this means increasing communication of all kinds. Assure your members, partners and other stakeholders receive good communications about organizational activities and plans.  Make it clear that leaders are available to answer questions and provide a convenient vehicle for communication and that you are open to their thoughts and suggestions.

6. Think creatively

In times of crisis, look for ways to go beyond your regular services offerings to members. Think thoughtfully about your members, listen to them and define challenges and needs. Some may be struggling more than others, such as small business owners. Your organization was formed to serve your members and other communities, so how can you be there for them right now?  During this current global pandemic, some organizations are offering gratis extensions of memberships, informal video gatherings of members to share their experiences and delivering more professional development content online. Take time to listen to particular “pain points” and consider what the organization might be able to do to help.

7. Consider sending a message to the broader public

Is your organization in a unique position to contribute to relief efforts? Do you represent an industry that has been particularly affected by the crisis and is there information the broader public should know? Craft a press release that to inform audiences and discusses any solutions you are providing or problems you are facing. Consider consistent follow-ups to keep the public and stakeholders informed.

In summary, listen and communicate more and use this opportunity to help your board become more agile and creative and learn from the experience. This is will serve as good preparation for future crisis and disruptions.

Whiteboard

Long Term Habits Of An Effective Board

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Harvard Law’s Forum on Corporate Governance’s article, The Long-term Habits of a Highly Effective Corporate Board, gives some excellent insight into what it takes to ensure the long-term success of a board. The article was written by Ariel Fromer Babcock, director at FCLTGlobal. Here are some takeaways:

  1. A focus on strategy
    Boards that have demonstrated long-term success spend almost twice as much time discussing strategy. This includes refining the business model, company values and evaluating risks. John Vaske, head, Americas, at Singapore’s Temasek, explained, “Boards have to be really immersed in strategy; it can’t be at a superficial level. Directors that are long-term have the time and inclination to dig into those strategy-related questions—that’s where value-creation happens.”
  2. Careful consideration of meeting materials
    The article states that about half of board members believe the agenda prevents the board from properly discussing strategy. The Harvard Business Review suggests limiting the number of items on the agenda to six at most and to only focus on items that will prompt productive conversation. This will prevent the board from getting bogged down with unnecessary discussion topics.
  3. Members are prepared
    Assigning reading outside board meetings can also significantly reduce unnecessary discussion. The article gives the example of Netflix’s board. They use an online live memo that has a forum for questions in advance of their board meetings. Maximizing time in board meetings can lead to long-term success.
  4. There is finality after discussing items appropriately
    It is key to let some things be settled. Re-opening items for discussion can be tempting, but letting some things be final can open up a significant amount of time for new items that will allow the board to move forward. The article suggests that one great way to do this is via the meeting minutes. Using language such as “the board decided…” over “the board discussed…” can demonstrate this finality.
  5. There is strategy outside board meetings
    Great board members should not stop after the board meeting is over. Members who spend some time researching competitors, talking with others in the industry or considering other ideas to discuss at board meetings are concerned for the long-term welfare of the organization.
  6. Diversity is encouraged
    Having a broad range of perspectives is crucial to the long-term wellness of the organization. This goes beyond racial diversity to include differing genders, ages and levels of experience. FCLTGlobal’s research showed that diversity is associated with lower financial risk.
reading about strategy

A Breakdown of Short- and Long-Term Marketing Strategies

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Constructing a marketing strategy is a crucial practice for any organization. It is important to keep a timeline in mind when creating your strategy, as some activities will help you achieve short-term goals and others will help you achieve long-term goals. The distinction is important for project organization and task delegation.

Short-term marketing strategies: They are used to temporarily increase sales or awareness. These plans are generally set for less than a year. If you have a new product or service, the activities surrounding its promotion would be in the short term. That would be a temporary boost. Short-term plans also include smaller details surrounding the promotion of those goods and services such as how social media is used, any outreach to media or email promotion.

  • Consider events that would warrant short-term marketing. Do you have a conference? Online professional development? A new e-book? Think about how you are going to get the word out about it.
  • Marketing automation tools can help with scheduling emails (and so many other tasks) in the short term while providing analytics to inform a longer-term strategy. Best-selling author Neil Patel offers a guide to help streamline marketing functions.
  • Social media is great for short-term marketing. It is free and relatively easy to reach people.

Long-term marketing strategies: These comprehensive plans are used to increase sales or awareness over a longer period of time. These strategies should be aimed toward organizational goals. Long-term marketing strategies include things such as branding, building a public relations team and maintaining a social media presence. Generally, anything that stretches over a year would count as long-term. While it’s possible for one person to create and implement a long-term marketing strategy, a team approach provides more varied talent and perspectives.

  • Search engine optimization is a powerful tool to have as part of your long-term marketing strategy. It can help you determine keywords to include on your website and give insight into what your competitors are doing.
  • Generating quality content on a regular basis is another building block in a long-term strategy. Blogs, e-books, printed or online magazines, podcasts and recorded webinars can all be used to show thought leadership and expertise. The Content Marketing Institute has excellent resources to help with ideation and implementation.
  • Qualitative research is another tool to consider in building a long-term strategy. This kind of research helps you discover more in-depth insights like the strengths and weaknesses of your organization or how your organization is seen. QRCA (Qualitative Research Consultants Association) has wonderful resources to teach you about and help you conduct qualitative research.

It is important to have a balance between both short- and long-term marketing strategies. Short-term strategies are great for individual projects and smaller goals while long-term strategies ensure that the organization as a whole is working toward larger goals.

Empty Chairs

Five Things to Consider Before Cancelling Your Conference

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As a result of COVID-19, we are seeing retail stores and restaurants close, artists postpone concerts, and large events such as festivals cancelling. What should you do about a conference you may have scheduled for next month, or even three months from now? Vicki Thein, Director of Events at Ewald Consulting, has a few thoughts on what to consider before cancelling your conference:

1.     What does the venue contract say?
Carefully review the terms of your contract with the venue. Check to see if force majeure applies and what it covers. If it does not apply, determine the costs of cancelling and if those funds could be applied toward a future event. Additionally, closely monitor the conditions of the venue location and try to get a sense of how many attendees may cancel in order to help you state your case to the venue if needed.

2.     What do your vendor contracts say?
Like venue contracts, review contracts with your vendors. See if force majeure applies, the costs if it does not and if they could give you credit in the event of a cancellation. The flexibility on cancellations with vendors will vary, so be sure to look at each contract closely.

3.     Is there cancellation insurance?
If you have cancellation insurance, get in contact with your insurance agent as soon as you can as they are very likely becoming overloaded with similar requests.

4.     Are you able to distribute the content virtually?
Are there opportunities for your conference material to be put into a virtual conference, podcasts, or other forms of content? Brainstorm what this might look like and if you think it could be successful.

5.     Financial considerations
Can your organization afford to go without a conference this year? This will be a major factor in your decision. Considering alternative conference options like the ones mentioned above could provide potential sources of revenue.

Additional Resources:

·      Event Industry Council – https://www.eventscouncil.org/
·      Meeting Professionals International – https://www.mpi.org/
·      AMC Institute – https://amci.memberclicks.net/

Board Meeting

What Traits Define a Good Board Member?

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When building or assessing your board, it helps to understand what to look for in board members. Board members with the following traits help keep meetings on task and more engaging.

  1. They possess the right context
    Forbes states that there are four key areas of knowledge: industry, business model, stage of growth and a specific field of function (sales, marketing, etc.). Board members who have knowledge in each of these areas can offer better insight.
  2. They understand how to communicate
    This one may seem obvious but having the ability to communicate with others is an essential trait in a board member. This is not just having the courage to speak up when needed, but also the ability to thoughtfully listen to others and respectfully respond.
  3. They have a positive outlook
    Jay Love, the co-founder of Bloomerang, a non-profit software company, stated that the heart of the board often is not the most knowledgeable. He believes having a positive spirit is contagious and will help move your organization forward.
  4. They have a deep passion for the organization
    According to Love, passion is more important than knowledge. A board member who is constantly rooting for the organization and pondering how it can be better is far more valuable than the person who knows everything about the organization but can’t commit wholeheartedly. There is no use in recruiting a great player if they do not want to be on your team.
  5. They want to learn more
    A great board member is aware that they do not know everything. For them, working with others is an opportunity to grow and they are eager to take advantage of trainings and professional development opportunities.
Statue holding a Scale

Hot Legal Topics for Associations

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Heidi Christianson, shareholder and firm president at Nilan Johnson Lewis, recently gave a presentation for Ewald Consulting staff on the top legal issues pertaining to non-profit associations that her law firm handled during 2019. Here is a short recap.

Certification
Many associations provide certification programs and/or certificate courses, offering specialized education for members and others. Heidi reported that there has been an increased focus recently on international standards, especially ISO. It is helpful if associations can demonstrate separation between the testing and educational aspects of a certification program. In marketing education programs, the association should not imply that people will perform better on a certification exam by taking courses offered by the association. It is also helpful for an association to have a process for any complaints about the certification program.

Member Demand for Special Meeting
Generally, if at least 50 members or 10 percent of the total membership of an association request a special meeting, the association must call a meeting of the members, even if the members request successive meetings. Obviously, holding member meetings requires the commitment of significant cost and time on behalf of staff and the board of directors. Heidi recommends that when member concerns arise, associations set up listening sessions with members rather than trying to shut them down or writing them off as disgruntled. Many times, special member meeting involve perceived conflicts of interest or appearances of unfair benefit within the association. Listening sessions and transparent communication with members can sometimes head off larger-scale member demands. Association staff and leaders should be aware of bylaws provisions regarding special meetings.

Antitrust Concerns
It sometimes happens that one or more association members demand that another member (a competitor) not be allowed to exhibit, sponsor and/or advertise with the organization. Heidi stresses that all members (and non-members) should be treated fairly. Unless a member company has violated a law or regulation (and the association has some type of hard evidence that the law or regulation has been violated), the association should allow that entity the ability to advertise, exhibit or sponsor. It’s OK to charge more for non-members, within reason. Denying a member company the ability to advertise with an association probably would not rise to the level of impeding the ability to do business. Association boards should be cognizant of antitrust issues, and thoughtful about when an association’s decisions may impact a member’s ability to compete in the market.

Please note that the information provided here does not constitute legal advice; please consult with your own legal counsel on your specific situation.

Board Meeting

Transition from Traditional Board Meeting Agendas

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The issue, as anyone who has served on a board or managed a board can tell you, is that most board meetings are boring and ineffective.  They tend to focus on reporting instead of using their time to discuss important matters and to make effective decisions. The International Association of Rehabilitation Professionals (IARP) is no different, with five different sections and several committees that all want to ensure their work toward ongoing objectives is shared with the other board members.  As a result, this reporting took approximately three-quarters of each meeting—leaving little time to work together to solve issues or to further develop their strategic plans.

The leadership and staff spent a great deal of time discussing how to more effectively use staff and volunteer time before, during and after board meetings; so in June 2018, they began utilizing a standard report template that each board member would upload onto their Higher Logic folder/file system.  A file system had been built within their Board of Directors folder system with a folder for each board meeting and within those, folders for an agenda, board reports, financials as well as additional items.  Each month, a reminder email would be sent to the board 5-7 days prior to the meeting that included the directions on how to upload the file.  This process has worked extremely well and has saved staff many hours working to obtain, compile and deliver board reports. This process was well received and has had very positive feedback

With the standard report process in place, the leadership decided to take things a step further and proceeded to re-organize their board agenda.  In June 2019, they eliminated reporting items and requested from board members agenda items that would drive discussions.  They worked with staff to build a new agenda template and new processes which included requiring board members to read through all of the uploaded reports prior to each meeting to be prepared. 

The first step that was implemented involved staff working with the board to establish a roll-out timeline to coincide with one of IARP’s three in-person board meetings where a full explanation of the reasoning could be shared, and a complete review of the materials and processes would be communicated.  The reason for the in-person explanation and directive was to ensure that each board member understood the purpose and the new process, which would then lead to greater participation.

The second step included developing thorough explanations and directions for the new process and tools.  Many board members were unsure about their ability to work within the new system—but with consistent messaging and patient assistance, we have been able to ease them into the new process.  We have worked closely with our volunteers for the first few months to coach them how to think differently and to establish timelines and consistent directives.

The final process included a reminder email sent by staff 5-7 days prior to each board meeting.  The reminder included directions on how to upload their reports as well as a request for discussion/decision agenda items no less than 3 days prior to the board meeting so the agenda could be uploaded with plenty of time for review. 

As a result of implementing this new agenda, the IARP board meetings now consist of meaningful dialogue and effective decision making.  We have received very positive feedback as the board has been able to focus more time on strategic plans, future objectives and necessary discussions/decisions.  They have seen less wasted time and consequently feel more involved and capable of leading others.

To manage ongoing effectiveness, the board will assess the process annually and will correct course as necessary.

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