POCAA: A special interest power grab for charity regulators

From my piece today at The Examiner, “A power-grab against charity and religion”:

“The model Protection of Charitable Assets Act — which is being promoted by the National Association of State Charity Officials — represents a state power grab of poorly defined discretion over the property rights of private charities, churches, and even the estates […]

A Radical and Unlawful Power Grab over Private Charity and Religion

A Radical and Unlawful Power Grab over Private Charity and Religion

The Model Protection of Charitable Assets Act Oversight and Investigations

Mark J. Fitzgibbons¹

Contents

I. There Are Far Too Many Troubling General Provisions in the Act for It to Be Adopted by Any State

II. Show Us […]

Daniel Popeo makes sense about free enterprise, philanthropy and government regulation

“Laws and regulations which shackle free enterprise, attack philanthropic freedom, and chill corporations’ charitable activities will do nothing but deepen the non-profit recession.”

Read his full piece at The Washington Examiner.

Where Is New York Charity Regulator’s Budget?

I requested a copy of the New York charity regulator office’s operating budget.

The response I received is shocking.

First of all, the request for a simple budget was treated as a Freedom of Information Law (FOIL) request. FOIL’s are used for documents held by public officials that aren’t otherwise made public. Why would a […]

Responding to Rick Cohen about the Richmond Tea Party Audit

Rick Cohen of The Nonprofit Quarterly commented on a recent post, “Permits, Audits and Comeuppance.” He is the source of my use of the word “comeuppance” in my post, and I urge you to read Mr. Cohen’s entire comment here.

In 2010 I wrote about the first installment of Mr. Cohen’s three-part story that year […]

Power Corrupts–Even at Charities

Paul Clolery has an excellent piece at Huffington Post about the recent death of William Aramony and the Penn State scandal. He writes:

“Aramony was the center of the United Way sex and finance scandal during the 1990s and for a quarter-century was the punchline for charity officials going off the rails.”

“The Penn State […]

Charity Regulators and the Menace of Regulating Online Activity

Recently I took an online webinar about state regulations of online fundraising. People could opt to listen in to the webinar via telephone.

The webinar was taught by two state charity regulators, which I found disappointing because the presentation was so one-sided and incomplete. The regulators in the webinar are lawyers in the attorney general […]

How California charity regulators abuse and violate their investigation statute

The NonProfit Times reports on a California investigation into the foundation of a deceased celebrity.

The California investigation statute, beginning at California Government Code Section 11180, requires that subpoenas be issued “in a manner consistent with the California Constitution.”

Article I, Section 13 of the California Constitution replicates the Fourth Amendment to the United States […]

Is the Postal Service unlawfully denying entry of mail at nonprofit postage rates?

Nonprofits that mail using the reduced nonprofit postage rates need to be on the lookout for violations of law by the United States Postal Service.

The USPS is under financial pressure, and has a history of abusing access to the nonprofit postage rates when money is tight.

I’ll provide more details this week, but […]

I-Regulate: Charity regulators to sink their hooks into your mobile devices

Just two days before the death of innovator and entrepreneur Steve Jobs, state charity regulators were busy at their annual meeting trying to figure out how to get their non-innovative and job-killing regulatory grappling hooks into fundraising communications through social media.

The motto for charity regulators must be: “Build it, and they will regulate it.”

[…]