Government Relations/Codes

In 1990, the Bethlehem Area School District in Bethlehem, PA., decided that every public high school student would perform 60 hours of unpaid community service during high school. The District gave students an open-ended list of approved organizations where they could perform this service, and named Phyllis Walsh, a teacher in the District for 21 years, as the first Community Service Coordinator. When the new program launched in the fall of 1990, two students and their parents filed suit against the District, arguing that the mandatory community service program violated the First and Fourteenth Amendments and constituted involuntary servitude in violation of the Thirteenth Amendment.  Three years later, the United States Court of Appeals, Third Circuit Federal District Court ruled that a school district did not violate any rights by requiring community service. This lawsuit - Steirer by Steirer v. Bethlehem Area School District - set precedent for the rest of the United States and was a cause célèbre at the time.

In this Voices from the Past, Phyllis Walsh, now retired, gives a first-hand account of what it was like to be the center of attention in defending student service.  She notes that bumper stickers about the case can still be seen in the Bethlehem area, sporting the rallying cry: “End Slavery at Liberty and Freedom!” - a direct reference to Liberty High School and Freedom High School, the two schools involved in this landmark case.

 

Paula J. Beugen, an active leader in the field of volunteerism and volunteer resources management for more than three decades, has observed legislation passed in her home state of Minnesota from the 1980s to the present. In this e-Volunteerism feature, Beugen asks why the needs of community volunteer programs and volunteers seem to be the lowest or last-to-get priority in policy conversations – and what the field of volunteer resources management can do about it.  

Beugen begins with the story of how she worked to raise the allowable volunteer mileage tax deduction rate, including her testimony at a Congressional hearing on volunteerism in 1980.  She then details public policy strategy carried out first by the former Minnesota Office on Volunteer Services and more recently by the Minnesota Association for Volunteer Administration. Finally, she discusses 2009 legislative advocacy efforts around both the resurfaced mileage deduction issue and the Serve America Act. Throughout her important story, Beugen elaborates on lessons learned through this timeline and history, asking readers to think about their own  volunteerism public policy experiences. She urges more advocacy to strengthen the infrastructure and capacity of volunteer programs and volunteers, stating, “We can and must come together.”  She poses some provocative and timely challenges to the field – both inside and outside the United States.

2005 in the UK was the Year of the Volunteer, with a programme of events designed to increase the profile of volunteering. To build on its legacy, the England Volunteering Development Council, a high-level representative mechanism of volunteering, established The Commission for the Future of Volunteering to develop a long-term vision for volunteering in England. To inform this, a literature review was undertaken which aimed to look at what is going on in the world of volunteering, particularly examining societal changes and the impact these may have on volunteering.

 

The resulting report by Colin Rochester was published in December 2006 and is the focus of this Research to Practice review.

Debbie Usiskin, an experienced volunteer programme manager in London, shares her personal exploration of how government requirements to ‘check’ (screen) volunteers provide contradictory and conflicting responsibilities and messages.  She raises important questions about finding the right balance between protecting those who are served while supporting the widest range of volunteers.

Usiskin also introduces a provocative analysis of volunteer-involving organisations by influential business guru Charles Handy and applies his thinking to volunteer management.  

The Sarbanes-Oxley Act of 2002, sponsored by US Senator Paul Sarbanes and US Representative Michael Oxley, represents a major change to federal securities laws. It came as a response to the large corporate financial scandals involving Enron, WorldCom, Global Crossing and Arthur Andersen. Effective in 2006, all publicly-traded companies are required to submit an annual report of the effectiveness of their internal accounting controls to the Securities and Exchange Commission (SEC).

Provisions of the Sarbanes Oxley Act (commonly-referred to as “SOX” and sometimes as “SarbOX”) detail criminal and civil penalties for noncompliance, certification of internal auditing, and increased financial disclosure. SOX is all about corporate governance and financial disclosure.

It is generally accepted that while SOX currently has specific regulations only for publicly-held companies in the United States, all American businesses, for profit and nonprofit, will in some manner eventually be affected by its provisions.  The purpose of this paper is to summarize the Act and suggest ways in which it impacts or will impact the nonprofit community relative to employees, volunteers, board selection, and best practices. 

For purposes of this article, “volunteer” will be synonymous with “employee.”  Non-American readers will find the last section of the article, “Broader Interpretations for Nonprofits,” useful for any country.