Showing posts with label NYS. Show all posts
Showing posts with label NYS. Show all posts

Tuesday, April 11, 2017

Nonprofits boost economy but get squeezed by it too

Budget cuts, competition for donations weigh on bottom lines
City Mission case worker John Mann works with a client on Smith Street in Schenectady.

Nonprofits are not charities that operate like businesses. They are businesses -- fairly similar to for-profit enterprises -- except in their mission and bottom line.
And they are just as worried about balancing their ledgers.
The prospect of government budget cuts, the squeeze of regulations, growing demand for services that non-profits have traditionally performed and competition for donations all weigh on their budgeting process. 
The concerns are highlighted in a recent report by the Johns Hopkins Center for Civil Society Studies: “New York Capital Region Nonprofits: A Major Economic Engine.”
That report found nonprofits are an important piece of the area’s economy, with combined 2013 revenues of $9.2 billion, expenditures of $8.9 billion and payroll of $3.1 billion. The 79,210 paid employees of Capital Region nonprofits far surpassed the next-largest employment sectors: local government (57,193), retail (56,525) and state government (50,404).
The nonprofit sector added 12,834 jobs from 2003 to 2013. Combined, all other sectors showed a net increase of 1,310 jobs, the study found.
(The picture beyond the Capital Region is similar -- New York is the biggest state in the nation for nonprofits, Comptroller Thomas DiNapoli said in December. He noted that more than 31,000 nonprofits employ nearly 1.3 million people here and said both numbers are the highest in the United States.)
The Capital Region report was written by Lester M. Salamon and Chelsea L. Newhouse. It defined the Capital Region as Albany, Columbia, Greene, Rensselaer, Saratoga, Schenectady, Warren and Washington counties.
It was created with support from the New York Council of Nonprofits, the Capital Region Chamber, The Community Foundation for the Greater Capital Region, MVP Health Care and The Schenectady Foundation.


Quantifying the benefits

Capital Region Chamber CEO Mark Eagan said last week that the report puts some specific numbers on something most people already knew about nonprofits: “They're a major economic engine. It's a major sector.”
The chamber got involved at the request of the Tech Valley Nonprofit Business Council, one of the chamber’s internal groups.
Eagan said the nonprofit sector spans the economic spectrum, from GED jobs to PhD jobs, because it encompasses everything from homeless shelters to hospitals and colleges. It is also a big part of the cultural landscape.
"This is different in other markets, but in our market, almost all of our [cultural organizations] are nonprofits.”
Finally, Eagan said, nonprofits provide much of the safety net for people who are struggling in some way.
“Those are all the strengths,” he said. 
Balancing those benefits is the fact that smaller nonprofits pay their employees lower wages, on average, than government and for-profit employers. Also, their facilities are tax-exempt.
"One of the challenges is that nonprofits don't pay property taxes. That does create stress for the cities that host the nonprofits,” Eagan said.
Whether the services nonprofits provide exceed the value of the taxes they don't pay is a question that has long been debated. The answer is yes, in Eagan’s opinion.


Range of sizes

Robert Carreau, executive director of the Schenectady Foundation, said the Johns Hopkins Center report provides valuable insight to the economics of the nonprofit sector. 
His only wish is that the report had differentiated among classes of nonprofits. It offers no distinction between the hospital employing thousands of people, many at high salaries, and the shelter organization with a few dozen employees, many earning near-minimum wage.
"Hospitals and large organizations are lumped in with [Schenectady Inner City Ministry] and small organizations,” said Carreau.
The pressures and challenges facing nonprofits vary by their size, but the work they do is equally important to the people they serve.
“Nonprofits play an enormously important role in the fabric of the community,” Carreau said. “Many nonprofits are continuing to try to do as much, if not more, with about the same funding.”
This contributes to stagnant wages and trouble recruiting and retaining employees, he said. The employee turnover, in turn, erodes the interpersonal relationships important to nonprofits, as they collaborate to resolve problems.
For that reason, a growing role of the Schenectady Foundation is problem-solving, Carreau said, especially by forming groups with common issues, so they can search for solutions.
“Our world is ever-changing ... you have to be very nimble to navigate it.”
The Schenectady Foundation distributes $1.3 million to $1.5 million a year to nonprofits.


They are businesses, too

Michael Saccocio, CEO of the City Mission of Schenectady, said the mission operates entirely on private funding but isn’t immune to cutbacks in government funding. When public funding disappears, the organizations that count on those funds turn to the same finite sources of private dollars on which the mission relies.
The mission is a business, he said, very similar to for-profit companies except in two important ways: It doesn’t pay property taxes, and its bottom-line definition of success is serving a needy population, rather than turning a profit.
Like for-profit businesses, the mission hires vendors and contractors, invests in the community, and employs about 100 people who pay payroll taxes and contribute to the Social Security system. It pays water and sewer fees to the city and forwards sales tax to the state from its thrift store.
“Other than the property taxes, it’s very similar” to any other business, Saccocio said.
He said the Mission doesn’t have the same challenges hiring people that some nonprofits do -- except for the overnight shelter shifts, which are harder to fill.
The satisfaction in helping struggling people get back on track goes beyond the paycheck, Saccocio explained, and that is what draws job applicants.
“It’s a difficult job that’s not heavily compensated.”


Regulatory scrutiny

The Rev. Phil Grigsby, executive director of the Schenectady Inner City Ministry, finds the increasing focus by donors and regulators to be problematic, at times.
After awareness grew of telemarketers siphoning a huge percentage of donations for some charitable operations, everyone wanted to know how much their nonprofit was spending on administrative and fundraising costs.
SICM runs lean, Grigsby said, with only 10 to 20 percent administrative overhead, depending on the details of a particular program. SICM’s summer lunch program, which boosts the organization's staff from 10 to 50 for the season, is a major undertaking, involving much more than rolling up to a playground with a cooler full of sandwiches.
“To run that program, you have to have a very skilled financial person on board,” Grigsby said, adding that it also takes a dedicated program director.
“It requires a certain level of administrative capacity," he said.
With their money, donors are providing more than 2,000 lunches on summer weekdays to children who, during the school year, rely on school districts' free meal programs.
“We’re not doing that program to make money,” Grigsby said.
To fund its $2 million annual budget, SICM relies on a variety of sources.
Grigsby said he’s concerned that the conditions of the 2008 economic downturn -- greater demand for services and less funding for them -- will repeat and pinch SICM's funding sources.
“From our point of view, we’re anticipating that,” he said.


Missing goal

The United Way of the Greater Capital Region is seeing that trend already, Executive Director Brian Hassett said: Its annual campaign is wrapping up, and is short of its target.
“We’ve had a challenging year,” he said. “It’s going to be down $200,000, which in my world is a lot of money.”
The United Way funds 60 organizations and partnerships that serve more than 100,000 people a year, so Hassett has a direct view of the landscape described in the Johns Hopkins report.
“In many ways, it tells a very powerful story,” he said.
The Capital Region has a major asset for nonprofits in its stable and diverse economy, Hassett said. But parts of that economy, particularly technology firms, aren’t as supportive as established companies. The GE Family of Givers, for example, is the largest single donor to the United Way of the Greater Capital Region and is attached to one of the region's oldest corporate residents. 
“The new economy isn't as supportive yet. The ownership and culture has a different approach to philanthropy,” Hassett said. “I'm still hopeful about getting them involved.”
In total, the United Way of the Greater Capital Region distributes about $6 million a year. The recipients, Hassett said, “don't tend to be the big brand names. They struggle; they depend on the United Way, the Community Foundation, private foundations.”
Many are food banks, homeless shelters, community centers, and other organizations that help the working poor, a demographic that increasingly seeks assistance.
“We’ve been trying to shed light on this segment of the community,” Hassett said. 

Nonprofit numbers

Some 2013 statistics offered in the report “New York Capital Region Nonprofits: A Major Economic Engine”:
  • The nonprofit sector added 12,834 jobs from 2003 to 2013 in the Capital Region. Combined, all other sectors showed a net increase of 1,310 jobs.
  • Nonprofits employed 79,210 paid workers, the most of any sector in the region. (The local government sector had 57,193, retail had 56,525, state government 50,404.)
  • Nonprofits employ 16 percent of the region’s total workforce and 21 percent of its non-governmental workforce.
  • Nonprofits had assets of $13.8 billion, revenues of $9.2 billion, expenditures of $8.9 billion and wages of $3.1 billion.
  • The bulk of the region’s nonprofit employees, 48,902, work in health and social services.
  • The average monthly wage was $3,288 for nonprofits, $3,821 for local government, $3,968 in the for-profit sector and $5,221 for state government.

By: John Cropley
  | 

Sunday, January 24, 2016

Built To Lead


Dear Fellow New Yorker, 

‎Yesterday I delivered my 6th State of the State address. In it I laid out a transformative agenda to build on the success of the last five years and continue to move New York State forward. 

We are the progressive capital of the nation. We are Built to Lead and we will show the nation why with these bold, signature initiatives: 
  • Maintain our commitment to fiscal discipline and government efficiency, while cutting taxes for small businesses and capping property taxes for New York homeowners.
  • Rebuild and modernize critical infrastructure from Montauk to Buffalo with an interconnected, planned system of mass transportation, roads and bridges and airports for the next 100 years.
  • Offer our children the best education in the nation with a $2.1 billion increase in school funding to $25 billion, the highest total spending on education in the history of the state of New York.
  • Ensure a cleaner, greener state by eliminating the use of goal in New York by 2020 and allocating $300 million to the Environmental Protection Fund.
  • Bolster public safety by funding the permanent deployment of more New York State Troopers and National Guard at key target areas across the state.
  • Lead the nation in social progress by offering the county’s most robust paid family leave policy and first-in-the-nation $15 minimum wage.
  • Stand up for public integrity and government reform through comprehensive ethics reform.
Learn more about these proposals, and watch the full speech here. 

Yes, this is an ambitious agenda, and, yes, it’s is going to be a challenge. But we are New Yorkers and there is nothing that we cannot do. We have proven the capacity to take on the toughest issues of the day, and done what was once dismissed as impossible. Together, we will build a smarter, stronger and fairer New York than ever before – and we will show the nation the way forward once again. 

Thank you. 

 
Governor Andrew M. Cuomo 
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Wednesday, April 8, 2015

Nonprofits & the Economy Like You've Never Seen Before...


Nonprofits Mean Business!
Powerful Data Illustrates the Economic Impact of the  
Nonprofit Community in New York State

For years New York's nonprofits have struggled to find and capitalize on data that reflects the important business and fiscal impact of our community on the state's economy.

We are pleased to report that more data is becoming readily available and that NYCON has created a series of Infographics that you can use to educate your own constituents, legislators, donors and others, on just how critical nonprofits are to making New York state a better place to to live and work!


Grab our Great Nonprofit Infographics...
Share, Tweet, Like and Send!

First, take a look at an overview of the New York State Nonprofit Community's Economic Impact! Wegenerate over $179 Billion in revenue each year and have over $288 Billion in assets. You can see the number of charities in your region, types of services they provide and the economic impact they have.
 
You can also check out the "Truth About Nonprofits" Info Cards. These info cards were delivered to our legislators in Albany in early March.  



We encourage members to post the infographics and cards on their websites, social media, and share in as many ways as possible.  If you need help getting started, find strategies below on who to talk to and how to use the data.

Funders 
Assist funders in better understanding where the strengths and weakness lie across the state and region. Let them know how they can help strengthen the nonprofit community in your area.
 
Policy Makers
Schedule a time with your local policymakers to start t the conversation as to why Nonprofits are valuable to the state and the region. Point out that we are a large, diverse, and influential community of business that should partake in decisions impacting the state. 

Community Members 
Educate community members as to what nonprofits are, and diversity of our community.
Business Leaders     
By sending this data to business leaders in your area, you're letting them know how much of a viable business partner you can be. 
Nonprofits 
Nonprofits can use the data to inform their own decisions, and see where future partnerships or opportunities lie.  


Want to get involved or interested in creating your own economic impact data infographic? Email us Today. 



This email was sent to amarietta@nycon.org by avanderwarker@nycon.org  

Thursday, March 19, 2015

Google Alert - New York Council of Nonprofits

The wrecking of a blue-chip New York nonprofit

wrecking-blue-chip-new-york-nonprofit
FEGS. (PIX 11)
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ALBANY—When Federation and Employment Guidance Services announced a month ago that it planned to close amid a $20 million revenue shortfall, the nonprofit world was shocked.
But the ruinous series of decisions that wrecked FEGS—a health and human services nonprofit that has long been one of New York’s largest, most well-regarded social services organizations—was years in the making.
A Capital review of the nonprofit’s financial disclosure forms and yearly tax returns reveal an agency engaged in risky long-term behavior and slowly drowning in debt, seeking capital financing from an ever-widening array of sources to expand its operations and interests even as those operations failed to produce profit.
As that behavior was intensifying, city and state governments continued to provide FEGS’ grants and finance its debt, lending the organization money while it approached collapse.

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Now, FEGS is considering declaring bankruptcy, according to sources familiar with discussions among the nonprofit’s leadership and other social services agencies. And state and city agencies that contract with the nonprofit are feverishly working out plans to transfer the charity's caseload to other organizations.
FEGS revealed an unexpected $19 million operating shortfall in an all-staff email that was sent Dec. 12, and first reported by  The Jewish Daily Forward, which also reported that the charity's C.E.O. Gail Magaliff and executive vice president had been replaced.
The potential implications of the nonprofit’s collapse aren’t just financial and logistical—FEGS is responsible for running hundreds of city and state social-service programs—but also political, raising questions about how a host of well-connected directors, regulatory entities and elected officials failed to see the disaster coming.
“Our view is that there were sufficient signs for the board, funders and lenders to question the financial direction and health of the agency,” said Doug Sauer, head of the New York Council of Nonprofits. “It had to be brewing. There are usually straws that break the camel’s back but it's usually a long road.”
The work of unraveling what happened and who is to blame—to say nothing of what happens next—is only just beginning.
The Manhattan district attorney’s office and the state attorney general’s office are reportedly investigating the circumstances of FEGS’ collapse. At the same time, two nonprofit umbrella agencies—the Human Services Council and UJA (one of FEGS’ funders)—have launched their own independent inquiries into the charity’s downfall.
But it is already possible, using information in the organization’s financial disclosure documents, to see the outlines of a disastrous pattern in which FEGS made unwise investments, then used loans and grants to cover faltering components of the business.
The nonprofit effectively borrowed to cover up its losses until the debt became insurmountable.
According to the tax forms reviewed by Capital, FEGS poured money into its for-profit subsidiaries, launched an ultimately unsuccessful managed long-term care providing offshoot, invested money in offshore funds in the Cayman Islands, Greenland and Iceland, engaged in unusual auditing practices, increased executive salaries even as debts mounted, and may now owe the state tens of millions of dollars because of Medicaid overcharges.
FEGS IS PART OF AN INSULAR UNIVERSE OF OVERLAPPING Jewish nonprofits, and it is tied to the UJA Federation, the umbrella group that raises and distributes money to a number of its related charities.
In the past couple of years, nonprofits within that universe have been at the center of a number of scandals: The C.E.O. of the Met Council on Jewish Poverty was convicted in a wide-ranging decades-long fraud scheme last year, and the C.E.O. of the New York Legal Assistance Group resigned amid stories of a federal investigation into the charity’s finances. NYLAG, Met Council and UJA Federation all shared board members. And NYLAG, FEGS and Met Council all have connections to the accounting firm Loeb & Troper, which has been FEGS’ accounting firm for years.
FEGS now operates nearly 200 different programs. It constructs housing for the developmentally disabled, pays aides to care for those clients, and operates as a vocational center, finding employment for them in specialized work programs. The agency also operates programs to help transition formerly incarcerated individuals back into society, setting individuals up with mental health providers and case managers to help them acquire housing, jobs and schooling.
It runs affordable housing buildings for the deaf, blind and poor, and uses its ample staff to help enroll clients in city and state funded social services, from Medicaid and Medicare to food stamps.
FEGS began as a small vocational center for Jews in 1934, helping poor immigrants in the New York area. Over time, its mission expanded to the range of social services it provides today, with particularly sharp growth in the mid-90s, after a wave of Jewish immigration from the former Soviet Union.
By then, FEGS had also developed a reputation as one of New York City’s most trustworthy nonprofits, routinely winning the city and state’s largest contracts for disability services and welfare-to-work programs. It was one of seven charities used each year by the New York Times to find profile subjects for the paper’s annual holiday-time solicitation, “The Neediest Cases.”
In 1998, in a boom economy for welfare-to-work programs like the ones FEGS ran, the agency signed a 15-year lease at 315 Hudson Street, on Manhattan’s West side, taking six floors and 400,000 square feet on the site of the former Jujube candy production factory.
The lease was worth a reported $60 million.
It was also in the mid-1990s that the nonprofit opened the first of several for-profit subsidiaries, a plan the company later described as a strategy to save on outsourcing costs. Many nonprofits create for-profit subsidiaries to help produce revenue in an era of unreliable government funding. But FEGS’ for-profit strategy, over time, became a burden and a source of instability.
A 2006 PROFILE IN HEALTHCARE EXECUTIVE MAGAZINE of FEGS’ then-C.E.O. Alfred Miller said the organization had evolved in a Darwinian fashion to survive over its decades of existence, growing from “a small employment and guidance service to a comprehensive health and human services system with a $230 million budget, 15 subsidiary and affiliated corporations, and more than 300 facilities, residences, and off-site locations.”
At the time of the interview, Miller cited General Motors as the charity’s primary business model, praising the automotive giant's ability to integrate “previously independent brands” and “create economies of scale and create a shared infrastructure.”
(This was three years before General Motors filed for the largest industrial Chapter 11 bankruptcy in American history, a victim of its unwieldy economies of scale and massive, unsupportable shared infrastructure.)
FEGS, like G.M., had “created, or became affiliated with 15 different corporations covering everything from technology and human resources to disaster management and home care,” the magazine wrote.
Miller was gone by 2007, when C.E.O. Gail Magaliff took over. The company’s efforts to diversify got more aggressive, and unusual.
Since 2009, the earliest year for which the charity’s tax returns are available, the nonprofit has been investing millions of dollars in offshore accounts in Greenland, the Cayman Islands and Bermuda, a practice nonprofit experts said was atypical.
(A FEGS spokeswoman did not respond to a question from Capital asking when the nonprofit first began investing in the off-shore accounts, and declined to comment substantively on any aspect of this article.)
By 2014, FEGS owned 66 different properties, and leased 414 sites around New York as part of its organization, disclosure documents show. It had a $250 million annual budget, thousands of employees, and claimed to serve an estimated 100,000 clients a year. It had created four for-profit subsidiaries, and eight related not-for-profit subsidiaries, five of which were related to FEGS through common board members.
It is unclear whether FEGS’ for-profit firms ever made any money. And disclosure documents show the reverse—that the charity has for years been propping up the for-profit subsidiaries with a steady stream of funding.
Last week, the Forward reported that the charity began transferring millions of dollars to the for-profit subsidiaries by 2011. Returns reviewed by Capital show FEGS moving $8.6 million from the nonprofit side to one for-profit information technology company, AllSector, in 2011. In 2012, the charity transferred even more: $9.1 million.
Both that company and another for-profit subsidiary to which FEGS had made substantial payments, called HR Dynamics, had more than a half-dozen creditors as of July 2014, according to a review of financing statements filed with New York’s state department. AllSector signed financing agreements with at least five different creditors, dating back to 2009, using the company’s equipment as collateral. HR Dynamics opened two separate lines of credit from Chase Manhattan Bank and JP Morgan Chase beginning in, 1999, records show.
These subsidiaries investments might have raised alarms if they’d been subject to wider review. But because of the way the payments were accounted for, they were hard to notice.
As the Forward reported, transfers of funds between FEGS and these for-profit subsidiaries were not traceable in the organization’s 990 tax forms or the audit prepared by FEGS’ long-time accounting firm Loeb & Troper. The firm performed a consolidated audit—that is, a review that did not separately audit each of the company’s subsidiaries.
"If the auditor is doing its job then it in fact prepares an audited statement or relies on an audited statement that’s prepared for each separate entity and then it compiles them," said Bill Josephson, an expert in tax-exempt organizations and former assistant attorney general-in-charge of the New York Charities Bureau.
Josephson said the charity’s tax returns would have made it virtually impossible for the board members to know which assets belonged to the nonprofit and for profit subsidiaries, clouding the picture of AllSector’s financial health.
"The 990 has a question on it that says 'has the audit committee and the board read the financial statements' … but since they’re consolidated there would be no way for even a careful reader to know that there was a problem with AllSector technology," Josephson said.
EVEN AS IT POURED MONEY INTO ITS ILL-FATED for-profit subsidiaries, FEGS itself continued to expand, building up its shelter and housing services for developmentally disabled, elderly and impoverished clients. The charity’s $250 million annual budget was propped up largely by grants and roughly $200 million in annual revenue from state and federal Medicaid dollars.
But its debt obligations were piling up.
To build up its housing portfolio, FEGS routinely had gone to a variety of city and state funding sources over the past decade, seeking millions of dollars’ worth of advances on construction and capital costs for their new facilities, taking out low-interest loans that it didn’t have the means to pay back.
From the federal Department of Housing and Urban Development, the charity received $800,000 in advances for housing developments and S.R.O.s. From the state’s Office of Mental Health, more than $3.4 million for facilities in East New York and the Bronx. And for more than a decade, FEGS, like many other nonprofit institutions around the state, had been financing new projects with money from bond proceeds through the Dormitory Authority of the State of New York, a state public authority.
It’s through the dormitory authority, or DASNY, that state leaders could have exercised some discretion over FEGS’ ultimately unsustainable levels of borrowing, spending and new investment.
DASNY is controlled by an 11-member board, a majority of which are by statute the responsibility of the governor. (There are five direct appointees of the governor on the board—though one spot is currently left vacant and waiting to be filled by Governor Andrew Cuomo—with three more seats filled by the administration’s health and education commissioners and the state budget director.) The remaining three slots are controlled, respectively, by the state comptroller and the leaders of the Assembly and State Senate.
In addition, many of the bond issues that the DASNY board votes on must be approved by the state Public Authorities Control Board, which is made up of five members, including the state budget director, State Senator John DeFrancisco and, until very recently, former Assembly speaker Sheldon Silver.
In total, FEGS has received $23.25 million in building loans from DASNY, from three different bond offerings, the most recent of which was issued in 2012. The debt is secured by the properties that FEGS used the money to build—residences and facilities to house the nonprofit’s disabled, elderly or impoverished clients.
FEGS is still repaying the state for those bond proceeds. Financial records from mid-2014 show the nonprofit still owes $11.9 million to DASNY to pay back the principal on its debt.
The charity also received money from other public authorities in recent years, including the Industrial Development Agencies of the City of New York and Suffolk County.
FEGS owed a total of $14.9 million to all of the public authorities as of June 30, 2014, according to disclosure documents filed with DASNY last summer and marked “Draft.”
By last summer, FEGS had so much debt that it failed to meet the state’s requirements for debt coverage, meaning that its income was not enough to pay down its the principal and interest on the debt it owed. In its June 2014 disclosure forms, the charity indicated it would seek a waiver from the state to get around the debt-service requirements.
“As of June 30, 2014, FEGS was not in compliance with the debt service coverage ratio on three DASNY bond issues covering eight properties operated under the auspices of OPWDD,” the application says. 
DASNY spokesman John Chirlin declined to comment on whether the state had granted FEGS the waiver, saying the authority is subject to Securities Law constraints because of its outstanding bonds, and could only provide such information through “appropriate secondary market filings.”
Nonprofit experts said auditors from Loeb & Troper, the accounting firm that prepared FEGS’ tax returns and financial statements for years and also serve a multitude of other New York nonprofits, never distinguished between current and non-current assets in the charity’s filings, which may have obscured just how little liquid cash the charity actually had to pay off its debts.
Regardless, DASNY only acknowledged the existence of FEGS’ problems in a disclosure document published on February 25, 2015, weeks after news broke of FEGS’ impending closure. It was the first time in dozens of legally required state disclosure filings that the extent of FEGS’ financial difficulties was made apparent.
“DASNY has been advised that FEGS is experiencing serious financial difficulties, intends to discontinue some or all of its operations in the near future and has been in contact with the New York State Office for People with Developmental Disabilities (‘OPWDD’) with regard to identifying potential replacement operators for a number of the programs and facilities which FEGS currently operates,” the disclosure document said.
Josephson, the former state charities bureau regulator who described the challenges FEGS posed to would-be auditors, nevertheless questioned DASNY’s lack of awareness about the charity’s finances.
"It is certainly relevant to ask DASNY whether they had any early warning with respect to the AllSector problem or were they relying on Loeb & Troper,” he said. “And how could they rely on Loeb & Troper if Loeb & Troper didn’t separately disclose the AllSector investment, which it doesn’t look like it did.”
Asked when DASNY first became aware of FEGS’ financial problems, DASNY spokesman John Chirlin said, “DASNY filed disclosure documents in connection with bonds that DASNY issued on behalf of FEGS. FEGS’ bond debt service payments are current as of the date of such disclosure documents. Please note that because DASNY has outstanding bonds, we are subject to Securities Law constraints and need to provide information through appropriate secondary market filings.”
The charity has also looked beyond government for credit advances.
In March of 2012, FEGS took out a $3 million, five-year equipment loan for a VOIP telephone system from JP Morgan Chase.
Disclosure documents show the charity also owes more than $14 million in mortgage payments over the next five years, an amount that may be larger than the value of the mortgaged properties, which are "on the books" for $9.8 million. And the charity is paying rents for buildings it cannot afford. By 2014, roughly 10 percent of its annual revenue, more than $25 million dollars a year, was tied up in long-term operating leases that are extremely difficult or costly to break.
Some observers questioned whether the charity’s size had made it difficult for its leadership to know its own sprawl.
The charity itself has a 26-member board of directors, and four officers. Its 2013 tax returns show 17 key employees and medical directors, each of whom earns low- to mid-six-figure salaries to manage the nonprofit.
“Somehow the issue to me is board governance,” said Naomi Levine, director of N.Y.U.’s Center for Philanthropy and Fundraising. “Boards are critical and they are not being trained properly. If the boards assumed those responsibilities you might avoid the tragedy that happened at FEGS.”
The scale of the financial damage isn’t yet known, but the picture is likely to look worse, not better, as numerous investigations progress.
Disclosure documents revealed that one of FEGS’ related subsidiaries is the subject of a state Office of Medicaid Inspector General audit that examined roughly $80 million worth of Medicaid payments to the charity made between 2006 and 2009. The audit is estimated to have found the charity overcharged Medicaid by between $13 million and $20 million, a finding that would mean between one quarter and one-fifth of all the charity’s billings covered by the audit were in error. That audit has not yet been released.
FEGS, according to its financial reports, had very little cash on hand, which gave it little ability to maneuver if it encountered unexpected setbacks. The Medicaid audit appears to be one.
And it coincided with another: In late 2014, New York City decided against renewing two longtime contracts for city employment and training programs. The costs to FEGS of losing those contracts was $11 million. With little cash on hand, there was no way to buffer the losses.
In addition, two social services agencies are now conducting separate investigations into what happened, as rumors of an impending bankruptcy swirl.
The Human Services Council, a nonprofit industry body, began its investigation this week, setting up a council of roughly 20 members—academics, local nonprofit heads and consultants who advise nonprofits on financial and organizational matters. The committee met for the first time on Tuesday, and plans to issue a report analyzing what led to FEGS’ failure and what lessons it holds for the industry moving forward.
If FEGS does declare bankruptcy, the former social services agency’s union employees say they worry they’ll be too far back in the line of creditors to be paid what they’re owed.
The Social Service Employees Union Local 215, which represents around 1400 of FEGS’ 2200 employees, says FEGS currently owes employees around $5 million in vacation pay, severance pay and benefits.
“If they declare bankruptcy that means the union will have to get in line with other creditors to get those benefits,” said union spokesperson G.L. Tyler.
Groups associated under the UJA Federation of charities have already picked up a slice of the charity's 172 different programs, but according to Jewish Week, more than 100 different programs are still without a future operator.