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MINUTES PDA RESOURCE DEVELOPMENT COMMITTEE
JANUARY 20, 2000

Present: Bill Abbuehl, Co-Chair; Ralph Armstead, Bob Bertisch,  Marcia Cypen, Co-Chair  Mary Dekle,  Kris Knab, Kent Spuhler, Christine Whalen

Not Present:  Valerie Clark, Michael Figgins,Clay Ford, Cheryl Little, Mary O'Rourke, Kelly Rauch, Dick Woltman

1. New members introduced themselves and explained why they asked to join the Committee.

2. It was agreed that email is the desired method of communication for the Committee. Bill Abbuehl will distribute an email address list.

3. It was agreed that the Committee's role is broader now that we are part of the state planning process. Specifically, the Committee will focus on how we can work on resource development more collaboratively on a statewide level. The Committee will also need to respond to the needs identified in the statewide planning process.

4. The Committee identified the following problems affecting resource development activities: a. Collaborative efforts require the full cooperation of all programs. b. Most people don't know who we are and what we do. c. Much of our funding is time limited, which requires that we continually look for continuation or replacement funding. d. Program staff need to be educated regarding the importance of resource development efforts. e. There is no mechanism for statewide resource development–no plan, no shared goals, no cohesive message. f. There is no coordinated public relations/media campaign–we aren't very good at it and we don't have the media relationships. g. We don't have the time or resources for resource development, or haven't committed them.

5. The Committee identified the following opportunities for resource development:

a. Partnerships with other organizations b. The Florida Bar Foundation effort

6. SUMMARY

a. We need resources. b. To get them, people need to know who we are. c. To communicate who we are, we need a statewide mechanism and structure to develop and implement a communication plan. d. We also need to educate program staff regarding the importance of resource development. (NOTE: It was agreed that this would be done at the statewide meeting planned for September 2000.) e. We need support and leadership for local programs' resource development efforts.

7. It was agreed that the Committee's focus will be:

What should a statewide structure look like to support communication and resource development in Florida? Specifically:

a. How should it be staffed? b. Where should it be housed? c. What should the responsibilities be? d. What resources will be needed for it? e. Where will its direction come from? f. How will it collaborate with the Florida Bar Foundation's efforts?

8. It was agreed that we need to do research as to what other states are doing. Committee members agreed to contact the following states to find out the answers to the questions in Number 7 above, as well as their successes and challenges:

a. Bob Washington State, New Mexico
b. Christine Pennsylvania, Indiana
c. Ralph Georgia
d. Bill Oregon, Colorado, ABA
e. Mary Idaho
f. Kris California
g. Kent Status of FBF efforts and National Message Campaign

It was agreed that the research would be summarized into brief bullet points and sent to the Committee members so that it will be received by February 18. The Committee will meet again on February 24 in Orlando to review the research and begin to develop a proposal for Florida.

9. Legislative Education Campaign

To facilitate the Education Campaign: a. Kent will prepare a list of priority legislators for visits by programs. b. Marcia will prepare a cover memo to program directors reminding them what they need to do. c. Kent will send the mailing to program directors.

10. Current Initiatives:

a. Sweep Accounts: There have been some efforts by programs in Jacksonville, Tampa, Miami, and Tallahassee to get law firms to request sweep accounts. Kent reported that it may be the new strategy for local FBF Board members to initiate law firm breakfasts. It was agreed that Marcia will call Jane to find out if local programs should contact their local FBF Board members to coordinate efforts. Also, Marcia will ask Jane whether law firms can us the FLS model, i.e. the bank sends FLS the interest and FLS send the interest to the FBF.

b. Medicare: We are waiting for information from the State regarding the potential cost savings. We will proceed once we receive the information.

c. Filing Fees: Kent sent a list of the Committee studying filing fees. They are in the information gathering stage at this time.

d. Domestic Violence: There is a proposal to impose a fine on people convicted of domestic violence criminal charges. The fines would go to the Clearinghouse Project. The VAWA money will continue in 2000 and may not be cut 10%. Kent will send out another survey.

e. Pro Se: There is an administrative order on pro se. A conference is planned in Florida. Local programs will need to ask their chief judge to be part of the local delegation to the conference. The LSC money targeted for pro se will be for one model project and smaller grants. Perhaps we can apply.

f. Fundraising Roundtable: Will be held May 3, 2000. Bob Bertisch and Mary Dekle will coordinate it.

10. Committee Participation: Marcia and Bill will call the Committee members who did not attend and did not RSVP.

 

MINUTES
PDA RESOURCE DEVELOPMENT COMMITTEE MEETING
FEBRUARY 24, 2000 – ORLANDO AIRPORT

PRESENT: Kent Spuhler, Michael Figgins, Kris Knab, Mary Dekel, Dick Woltmann, Bob Bertisch, Clay Ford, Ralph Armstead

ABSENT: Mary O'Rourke, Pat Vail (pro bono director)

GUEST: Jane Curran joined the meeting at lunch

Chris Whalen of Broward and Valerie Clark of GOALS resigned from legal services and are no longer on our committee.

The committee agreed to drop Cheryl Little and Kelly Rauch due to a lack of response.

RESEARCH REPORTS:

Kent observed other statewide programs are mostly based on filing fees and bar campaigns. In Florida, we raise more money with local option filing fees, $350 buyouts and local fundraising.

Recommended Structure for Florida:

GOAL: Facilitate/enhance local resources

Methods:

A. Communications
B. Marketing (telling story of legal services—putting a face on it) internally and externally, help tailor messages – FBF could take lead with their development plan
C. Target non-attorneys, viz. corporations (using corporation counsels) and individuals
D. Encourage private attorneys to increase participation in buy-out (30,000 don't do any pro bono)
E. Develop resource materials, research grants, help develop statewide initiatives, provide technical assistance to local programs
F. Pursue Cy Pres awards – educate trial bar
G. Pursue federal and state government funding

How to accomplish goal?

1. Recommend placing development efforts with FLS
2. Need to create advisory board dominated by local project directors; would need to prioritize efforts – suggest PDA Resource Committee as board with addition of FBF Director of Development
3. Need to coordinate with The Florida Bar and FBF and focus on gaps (bringing in other foundations)
4. Staff with one FT person plus consultants as needed - $100,000/year to start.
5. Every FBF program should contribute.

· Program contributions to reach $100,000 funding goal: · Programs on PDA Steering Committee with funding/resources over $1M would contribute $5,000 · Other PDA Steering Committee members would contribute $1,500 (SLC, BCLA, SCLAS, Heart of Fla., Fla. Institutional) · Other FBF grantees would contribute $500

· 1st payment due June 1 to FLS · 2nd payment due Jan. 1, 2001 to FLS

1. Goal is to enhance/supplement local fundraising and obtain non-targeted, statewide money; could repay contributing programs, use for operating expenses of statewide development, and then to FBF.

Jane Curran's Report on FBF's Resource Development – FBF goal is to target individuals

· Market Florida Bar dues check-off – currently 2700 members donate $68,000/year Could target for specific projects, e.g., children's legal services · Expand Fellows Program Could reap intangible benefits as well · Pursue Major Gifts/planned giving for endowments which will take 6-7 years to cultivate · FBF will not do events fundraising or annual campaign · FBF will assist with trainings · FBF will have one FT person, who will hopefully be on board by June, 2000 · FBF will make major effort to improve marketing/communications through use of consultants – hope to use research from Future of Legal Services (Bonnie Allen) to produce materials, videos, etc. · Goal will be political support, fundraising · FBF will have development committee – Jane invited our committee to provide a member – Michael Figgins will be our representative

Sweep Accounts – from Jane

v FBF will take lead – project directors will not need to take action until they are contacted by a FBF board member or Jane. v FBF will look at non-bank IOTA products, e.g., brokerage houses

Kent's Report

The Future of Legal Services (Bonnie Allen) is crafting a national message – now using focus groups to create a message that will build support for legal services. Will be finished by late summer. It should help us – we need to change our message—not "access to justice" but "basic fairness."

MEDICARE – not getting help from state agency (AHCA) so probably won't be able to do much this year

DISABILITY – other states' legal services get contracts from their states – Kent will research

DOMESTIC VIOLENCE – legislative bill distributed which would tack on fine of $36 for violation of §741.28 (domestic violence) – would go to Coalition for DV for civil legal assistance to the poor

PRO SE – Judicial conference will be held May 24-25 – we need to get involved and obtain an invitation to be on 10 member circuit committee

FILING FEES – No change

VAWA – should receive contracts soon; probably will receive reduced amount of 25% for 3/1/00 – 12/31/00

LEGISLATORS' EDUCATION CAMPAIGN – need to do after session. Legislative captains will ask their programs for schedule of visits to be presented at the 4/14 PDA meeting. Kent needs feedback on what we learn from legislative visits.

PRO BONO –

v We will help recruit more pro bono attorneys and publicize their efforts v We need their help with resource development for communications v More buy-outs v Will have report on pro bono board v Bob, Kent and Kris will brainstorm these issues.

 

RESOURCE DEVELOPMENT COMMITTEE
DRAFT REPORT – MAY 5, 2000

1) Description of Committee Purpose

To increase resources to support the energetic affirmative advocacy by Florida's legal services programs through marketing, communication, research, fundraising, grant seeking, legislative entrepreneurial efforts, in collaboration with the Florida Bar Foundation's resource development efforts.

2) Names and Affiliations of Committee Members and Co-chairs

Bill Abbuehl – Central Florida Legal Services – billa@cfls.org - co-chair
Marcia Cypen – Legal Services of Greater Miami - cypenmk@lsgmi.org - co-chair
Ralph Armstead – Greater Orlando Area Legal Services -
goals1@magicnet.net
Bob Bertisch – Legal Aid Society of Palm Beach County -
rbertisch@legalaidpbc.org
Mary Dekle – Legal Services of North Florida -
maryd@tlsnf.org
Michael Figgins – Jacksonville Area Legal Services -
michael.figgins@jaxlegalaid.org
Clay Ford – Northwest Florida Legal Services -
hn7514@earthlink.net
Dick Woltmann – Bay Area Legal Services -
dwoltmann@bals.org
Kris Knab – Legal Services of North Florida -
knablsnf@hotmail.com
Kent Spuhler - - Florida Legal Services -
kent@floridalegal.org
Pat Vail – State Pro Bono Director – pat@floridalegal.org

3) General Description of Problems/Opportunities Examined by the Group

A. Summary of root causes and range of "problems" considered by the group

Prior to this process, the group had already been in existence as the PDA Funding Committee, and had identified and implemented three major initiatives: 1. IOTA enhancement efforts; 2. Legislative education campaign; and 3. Funding for special projects (e.g., Medicare advocacy).

The new problems considered by the group during this process include:

a. Collaborative efforts require the full cooperation of all programs.
b. Most people in the general public don't know who we are and what we do.
c. Much of our funding is time limited, which requires that we continually look for continuation or replacement funding.
d. Program staff need to be educated regarding the importance of resource development efforts.
e. There is no mechanism for statewide resource development – no plan, no shared goals, no cohesive message.
f. There is no coordinated public relations/media campaign – we aren't very good at it and we don't have the media relationships.
g. We don't have the time or resources for resource development, or haven't committed them.

B. Summary of "problems" selected to be addressed by the group

The committee decided that all the problems in 3A needed to be addressed and that the three earlier initiatives (IOTA enhancement, legislative education campaign, and special project funding) needed to be continued.

C. Review of research undertaken/issues studied to understand "problems" better and/or evaluate potential solutions.

The committee contacted Washington State, New Mexico, Pennsylvania, Oregon, Colorado, and California to research what they were doing with hotlines. They also heard a report on the ABA, FBF efforts, National Message Campaign and reviewed the ABA's 2000 edition of Significant Fundraising Activities for Legal Services.

Our research revealed that other states who were successful had established a funded staff person(s) position. Most other statewide programs were based on filing fees and bar campaigns. In Florida, we raise more money with local option filing fees, $350 pro bono buyouts and local fundraising. However, some other states have been successful in obtaining legislative appropriations.

4) Summary of Proposed Solutions

To increase resources to support energetic affirmative advocacy, we need a statewide mechanism and structure to develop and implement a communication plan, to educate program staff regarding the importance of resource development and basic fundamental strategies, to support local programs' resource developments efforts, and to provide leadership on statewide funding initiatives.

5) Overview of Proposed Solutions and Implementation Plan

The Committee agreed that Florida needs a statewide structure to support communication and resource development and studied what a statewide structure should look like. Specifically:

a. What should the goals and responsibilities be?
b. How should it be staffed?
c. Where should it be housed?
d. Where will its direction come from?
e. How will it collaborate with the Florida Bar Foundation's efforts?
f. What resources will be needed for it?

After researching what other states are doing, the Committee proposes the following answers to these questions:

a. What should the goals and responsibilities be?

The primary goal of the statewide effort should be to enhance local efforts. Specifically, the statewide effort should include:

a. Communications campaign; b. Development of resource materials for and technical assistance to local programs and sponsoring of an annual "show and tell" workshop; c. Grant development for statewide initiatives; d. Targeting non-attorneys, e.g. corporations, foundations, accounting firms, and individuals; e. Increasing pro bono buyouts by targeting 32,000 non-participants; f. Increasing state and federal government funding; and g. Capturing cy pres awards.

b. How should it be staffed? One full time staff person is needed for this position.

c. Where should it be housed? – The staff person should be under the auspices of FLS because the focus of FLS is statewide and because FLS has a track record of successfully implementing statewide efforts.

d. Where will its direction come from? – The staff person's direction should come from the PDA Resource Development Committee, whose membership should be enhanced to include development directors from local programs and the new Florida Bar Foundation (FBF) staff person when hired. The Resource Committee will report to and follow direction from the PDA. The Resource Development Committee will continue the existing on-going initiatives and new initiatives will be implemented as they are identified.

e. How will it collaborate with the Florida Bar Foundation's efforts?

The FBF staff person will focus on three goals:

1. Increasing the Florida Bar dues check off to the FBF; 2. Enhancing the FBF Fellows Program (gifts to the FBF); and 3. Enhancing Major Gifts and Planned Giving.

The FBF staff person will work with a communications consultant. Although none of the FBF staff person's goals are directly related to the goals of the FLS staff person as envisioned above, the FBF communications campaign will tie in with what the FLS staff person is trying to accomplish. The FLS staff person will collaborate with the FBF staff person so that their efforts complement each other.

f. What resources will be needed for it? The position needs approximately $100,000 annually to fund a fulltime staff person, support for that person, some consulting time and some direct expenses.

There is no source of funding for this effort at this time and it is critical that we generate other funding sources as soon as possible because our major funding sources are seriously threatened. Specifically, LSC funding continues to be problematic; the FBF revenue enhancement is not progressing as well as hoped (17% funding reduction projected for 2001), and there is uncertainty about filing fees due to the amendments to Article V.

The committee therefore recommended, and the State Coordinating Steering Committee agreed, that this proposal be considered by the PDA at its April 14, 2000 meeting for implementation now.

At the meeting, the PDA agreed to commit approximately $100,000/year for two years to fund this effort, and that all IOTA funded programs should be assessed to fund this effort as an investment in our future.

The PDA assessments are as follows (50% payment due 6/1/00 ; 50% payment due 1/1/01):

1. Programs > $2M in funding/year = $5500/year (LASPBC, LASBC, BALS, FRLS, LSGMI, LASDCBA, JALA, FLS, GCLS, LSNF, CFLS) 2. Programs > $1M and <$2M in funding/year = $4000/year (NWFLS, GOALS, FIAC, TRLS, FJI, OCLAS) 3. Programs < $1M in funding/year = $2000/year (SLC, BCLA, WALS, Heart, SCLAS, FILS) 4. Remaining 20 PDA committee members = $500/year

The PDA will revisit the assessment in Spring of 2001.

BARRIERS

1. Commitment to and support by local programs. The first test will be on June 1 to identify how many programs contributed to fund the statewide resource developer. 2. The second test will be to identify whether programs follow through on the state legislative education campaign. 3. Past lack of success in securing funds from the legislature. 4. Recent judicial ethics opinion which prohibits Chief Judges from endorsing pro bono buyout campaigns.

HOW WILL SUCCESS BE EVALUATED

1. Results of communications campaign – how many PSAs, news releases and news stories are generated. 2. Feedback from local programs on technical assistance efforts. 3. Submission of and funding of grants. 4. Increased contribution by non-attorneys. 5. Increased number of buyouts or other participation in pro bono by current 32,000 non-participants. 6. Amount of increased state and federal funding. 7. Obtaining any cy pres awards.

TIMEFRAME

May 2000 Programs should nominate staff to participate in the Chief Justice's Pro Se Conference, May 25-26 June 1 All programs pay assessment to FLS June 2000 FLS begins recruiting for new staff resource developer June – Dec. All programs conduct legislative education campaign with reports to their regional captains and FLS Aug. 2000 Hire FLS staff resource developer Resource committee meets with developer to prepare work plan Resource committee considers follow-up issues: i. Ideas regarding levels of collaboration which should exist among programs, particularly in the same geographic area, with respect to fund development to ensure that optimal benefits go to clients under some plan of area services priorities. ii. Identification of guidelines and standards which should be exercised by programs in seeking funds that conflict with certain clients or clients with certain types of problems. Determining specific plans which need to be in place to deal with such issues. iii. More focused attention on pro bono services as a client resource and how to make those resources available, regardless of program lines, in geographic areas in which there are multiple programs. Develop legislative strategy for 2001 – Medicare contracts, disability work, DV advocacy, pro se staffing, filing fee strategy, etc. Review IOTA enhancement efforts – is there anything more that field programs should do? Sept. 2000 Resource developer meets with FBF counterpart to coordinate efforts and eliminate duplication. Nov. 2000 Resource committee meets and reviews legislative education campaign and IOTA enhancement results Dec. 2000 Resource committee meets with developer to review results and to incorporate requests from other action committees into resource development efforts. Jan. 2001 Resource Development Committee sponsors annual "Show and Tell" workshop in which each IOTA grantee showcases of creative, innovative or otherwise interesting resource development projects, ideas, etc. Bimonthly Resource committee meets with developer to monitor ongoing efforts.

IMPLICATION OF RECOMMENDATION ON WORK OF OTHER COMMITTEES

The PDA's adoption of the Resource Committee's recommendation has resulted in a structure being in place now to help develop resources which can be used to implement the recommendations of the other committees.

EXTENT TO WHICH RECOMMENDATIONS CAN OR CANNOT BE IMPLEMENTED WITHIN THE CURRENT DELIVERY SYSTEM

The PDA's agreement on October 12, 1999 to conduct a legislative education effort and on April 14, 2000 to fund a resource developer, demonstrates that the Resource Development Committee's recommendations can and are being implemented within the current delivery system.