Striking the Balance Seminar 2: Finding the Optimal Balance of Integration and Independence for Your Foundation

Striking the Balance: Finding the Sweet Spot of Foundation Independence
Online Seminar Series for Public Higher Ed and Foundation Leaders 

Seminar 2: Finding the Optimal Balance of Integration and Independence for Your Foundation

Courts have, historically, looked to “independence” as a factor in determining whether foundations should be subject to freedom of information, open records laws and other requirements applicable to public entities.  Case law, legislation, and system polices; however, all vary widely from state to state.  Foundation functions, resources, and institutional cultures are also important factors shaping institution-foundation partnerships.  This session examines the spectrum of issues that institution and foundation leaders should consider to optimize their partnership and best manage risk, including risk to reputation.  

Who Should Attend? 

• Foundation board members, CEOs, CFOs and legal counsel 
• College and university presidents and CFOs 
• Members of institution governing boards 

About the Series:

There is no fee to attend the seminars. Attending each session is not required for participation, and jumping in at any point in this series is encouraged. Live seminar sessions are open to all. On-demand session recordings are only available to AGB members. Learn about the full series.

Foundations’ capacity to fulfill their functions as stewards of donor funds and information and to serve as entrepreneurial partners to their institutions is, in part, contingent on their corporate status as “private” entities. The pursuit of full financial and legal independence can however be costly and create tensions with institution boards and administrators.  

In the current public policy environment, foundations are likely to be subject to increased scrutiny and legal challenges from institutional stakeholders, donors, and critics seeking to monitor institutional expenditures on DEI or other hot button issues. When determining whether a Foundation may be subject to related freedom of information or open records requests, Courts have looked to “independence” as a test to determine the applicability of state freedom of information laws. In addition, the level of foundation independence affects IRS tax filings such as Form 990 and audits.  

This series of three online seminars will provide an overview of the factors informing legal “independence,” the administrative and cultural issues that should be taken into consideration in structuring the foundation-institution relationship, and guidance on steps foundations can take to help them maintain their legal independence while maintaining a close collaborative partnership with institution leaders. Issues explored include institution-foundation memoranda of understanding (MOU), institutional representation on foundation boards, institutional approval for foundation actions, and resource-sharing.  

Each online seminar will include a formal presentation that will be recorded and a “closed door” opportunity for confidential questions and discussion among participants that will not be recorded.  

Speakers:

David Bass, executive director philanthropic governance, AGB
Mike Goodwin, consultant, AGB
Thomas Hyatt, general counsel, consultant, and senior fellow, AGB
Margaret Jarrell-Cole, consultant, AGB