099: Pump It Up!

099: Pump It Up!

Author: Jess Birken, MNM, JD November 16, 2023 Duration: 16:33

On this episode of Charity Therapy, Meghan and I break down nonprofit bylaws and everyyyyything you didn't even know you needed to know. Trust me - by the end of this episode, you'll be a nonprofit legal eagle! From the implications of not following bylaws to debunking common misconceptions, we're laying it all out there - and throwing in a good dose of humor along the way.

We tackle a question from a listener who's a little unsure about the legal and ethical aspects of a decision made in their organization. The president of their nonprofit unfortunately passed away, and the vice president stepped in - but now he's postponing elections until 2025! Sounds complicated, right? But don't worry. We're diving deep into this and breaking it all down.

If you're confused about nonprofit bylaws or have ever wondered about the rights and expectations of voting members in your organization, this is the episode for you. We're all about bringing clarity to complex matters and reminding you that you're not alone on your nonprofit journey.

In this episode, you will hear:

  • Debunking misconceptions about nonprofit bylaws

  • The importance of an organization's constitution

  • A listener's question about a president postponing elections after a sudden death

  • The legal and ethical issues surrounding a postponed election

  • Adhering to bylaws even when non-compliance may not have severe consequences

  • A potential 501(c)(3) violation by an "assumed president"

  • Holding a special election to maintain proper procedures

  • Avoiding legal issues in nonprofits and getting professional advice when questions come up

Resources from this Episode

Sign up for the Birken Law Email list: https://birkenlaw.com/signup/

Facebook page: https://www.facebook.com/birkenlaw

Follow and Review:

We'd love for you to follow us if you haven't yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We'd love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select "Ratings and Reviews" and "Write a Review" then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast.

Episode Credits

If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.


Ever find yourself wishing for a direct line to seasoned nonprofit leaders, a chance to unpack the real challenges that don’t make it into the glossy annual reports? Charity Therapy is that conversation. With host Jess Birken, who brings her background as a lawyer and a Master of Nonprofit Management to the table, each session feels like pulling up a chair with a trusted advisor. The discussions move beyond theory, tackling the granular details of operations that leaders actually face-whether it’s navigating a tricky IRS compliance question, rebuilding a fundraising strategy from the ground up, or managing the complex interpersonal dynamics that define any mission-driven team. This podcast digs into the operational heart of the sector, offering pragmatic insights you can apply directly to your own work. It’s a resource built on the understanding that running a nonprofit is a continuous practice of problem-solving, and Jess guides these explorations with clarity and a deep respect for the work. Tune in for honest dialogue that treats the daily grind of management as the serious and nuanced craft that it is.
Author: Language: English Episodes: 100

Charity Therapy
Podcast Episodes
Welcome to Charity Therapy! [not-audio_url] [/not-audio_url]

Duration: 4:01
What if you could hang out with experienced nonprofit professionals and ask them your burning questions about the day-to-day life of nonprofits? What if you could take their wisdom and bring it back to your organization,…
091: My Life the Musical [not-audio_url] [/not-audio_url]

Duration: 23:21
Hey there! We are back again, and this time we're delving into the nitty-gritty of growing a small team in the nonprofit sector. We've been through the ups and downs of growing our own team at Birken Law Office, and we'r…
090: The Wisdom of a 14-Year-Old [not-audio_url] [/not-audio_url]

Duration: 20:25
It's me again--ready to challenge what you think you know about the nonprofit sector. In this episode, I invite my guest - my 14-year-old - Max, to take a deep dive into the world of nonprofit boards. We're pulling back…
089: Midwestern Shame Spirals [not-audio_url] [/not-audio_url]

Duration: 17:54
In this episode of Charity Therapy, Meghan and I dive into the often-misunderstood world of conflicts of interest in nonprofits. What is a conflict, really? Is it a terrible, horrible, egregious situation to be avoided a…
Hitting the Hail on the Ned [not-audio_url] [/not-audio_url]

Duration: 15:54
When you think about nonprofits, lots of different things come to mind - missions and visions, fundraising, hard-working staff, and strong communities. But do you know what most folks don't think of? Efficiency. Today, M…
Money, Money, Money [not-audio_url] [/not-audio_url]

Duration: 19:35
In this episode of Charity Therapy, Meghan and I tackle another fundraising question - this time about dealing with difficult donors. This episode is a prime example of why it's SO important to stay focused on your organ…
Don't Sue Each Other! [not-audio_url] [/not-audio_url]

Duration: 21:41
Everyone wants to be an insider, right?! Well for nonprofits, that "insider" label can make things a little more complicated. Conflicts of interest have entered the chat! Can board members be hired to be the org's Execut…
One Giant Blooper [not-audio_url] [/not-audio_url]

Duration: 17:49
Join us in the restricted section for the episode – the restricted gifts section, that is! Today, Jess and Meghan break down what a restricted gift is and what exactly it means for your financials to accept one. What hap…
Fighting to the Death for Some PTO [not-audio_url] [/not-audio_url]

Duration: 21:18
Organizational culture is what gets created when we're busy doing EVERYTHING else. So, what do your fundraising practices say about your culture? We pulled this episode from the backlist because it deserves another momen…
Magic Wands & Shiny New Toys [not-audio_url] [/not-audio_url]

Duration: 20:21
Talking about fundraising can be overwhelming and FULL of jargon – but not when Patrick Kirby does it! Today we're joined by Patrick of Do Good Better Consulting to answer your nonprofit fundraising questions. How do we…