More of an operations question than an advancement question. We are a Community College Affiliated Non-Profit Foundation and our Executive Director is resigning. We will need at the very least a temporary statutory agent/acting executive director. With the current economic climate, it is possible that the College (who pays for the Foundation's operations) may decide not to fill the position immediately or in the near future.
Do you see any conflict of interest or issue with the President of our college holding the dual-title of President of the College and Executive Director of the Foundation? We already have plans to reach out to counsel, but I wanted to see if anyone has had any experience with this type of situation.
Assistant Director of Advancement Services
Zane State College Foundation
Our bylaws state that the Board of Directors shall have the authority to employ an executive director to administer the affairs of the Foundation if deemed necessary and to grant to said executive director those powers of the chairperson, secretary, and treasurer which may be needed to carry out the management of the Foundation. We are not "required" by any policy to have an Executive Director that I can find. The College and Foundation does not and has never had an MOU (I am currently working on this with the College's CFO and Comptroller). The Conflict of Interest Policy for the Foundation and the College does not limit this type of appointment. I will review everything with counsel including the guidelines from Ohio's Ethics Laws.
I should have specified that the President would not be receiving additional compensation for this role, he would only be accepting the responsibilities of the executive director and then dividing additional work among his staff.
Thanks, John, we will do that! We are also engaging outside consultants who are familiar with our community to help with fundraising as well!
Thanks, Issac. I will make sure I note your concerns below. As an affiliated Foudantion, all Foundation staff are employed and compensated by the College, including the executive director. It may be better to eliminate the position instead of having someone assume this role. We will make sure to speak with counsel.
Hi Bill –
The main duties associated with the role were fundraising and cultivating donor relationships. We plan on contracting out the fundraising work which was the substance of the position. The president, who is already heavily involved in donor cultivation, would be assuming this aspect of the position but with help from his staff as well. This change would not harm the institution or the Foundation operationally (the Foundation is small). We just want to make sure that legally the President could act as the Foundation's statutory agent. I know there are other small community college foundations that operate without executive directors, I am just not sure of their internal structure.