Monday, August 25, 2008

Tampa Tribune Quotes Anderson in Article About Relationship Between Lowry Park Zoo and Safari Wild

A Tampa Tribune article published last Saturday raised questions about the activities of the executive director for Tampa's Lowry Park Zoo in connection with his for-profit venture, Safari Wild.  According to the article, "Lowry Park Zoo is a nonprofit organization that has been funded with millions of dollars in taxpayer money. Safari Wild is a fledgling, for-profit business owned by [the executive director and a St. Petersburg veterinarian]." 

The Tribune reported that "a series of e-mail messages obtained by The Tampa Tribune shows that the zoo's paid administrative staffers have worked to promote and garner political favor for [the Executive Director's] private animal park, which is not open and remains mired in state and county permitting issues. It also appears that the zoo's staff has done work for Safari Wild without a vote of approval by the zoo's board." 

According to the Tribune:

"If the executive is using the zoo as a private pool of resources to develop a for-profit venture, without board approval, it could be improper, said Daniel Anderson of Tampa. Anderson and other attorneys for nonprofit organizations said the fact that the zoo receives taxpayer support amplifies the potential conflict.

Mr. Anderson expressed no opinion to the reporter covering the story as to whether the relationship is improper, only that board approval is required when a nonprofit executive director uses resources of the nonprofit for the benefit of his own for-profit venture.

This story points out the importance of disclosure, consent, and documentation with regard to the private activities of nonprofit executives. Executive Directors are stewards of nonprofit resources, and these resources should only be used for the benefit of for-profit concerns when:

1. The missions of the nonprofit and for-profit organizations are compatible:
2. The Executive Director has disclosed his/her self-interest in the for-profit venture to the Board of Directors;
3. The Board of Directors has voted to approve the use of nonprofit resources for the benefit of the for-profit concern; and,
4. The vote of the Board of Directors is recorded in the minutes of the Board meeting.

It is important to take each of the above steps before committing the resources of the nonprofit to the for-profit concern, otherwise nonprofit executives and board members may be subject to public criticism.  This is particularly true in cases where the nonprofit receives public funding.  Such activities might also jeopardize the tax exempt status of the organization, a factor which should be of critical concern to nonprofit executives and board members.

Thursday, June 26, 2008

Florida Aviation Trades Association Selects The Anderson Law Firm as General Counsel

The Anderson Law Firm announced today that it has been selected by the Florida Aviation Trades Association (FATA) to act as FATA General Counsel. The FATA is an aviation trade group that has been actively promoting and protecting the rights, interests and development of Florida’s aviation industry since 1946. Attorney Daniel Anderson said that the firm is honored to be selected by such a prestigious aviation organization that is known throughout the state of Florida for its consistent and effective advocacy on general aviation issues.

"We're delighted to be able to support the important work of the FATA and its members and look forward to being involved in future FATA activities," Anderson said. Anderson noted that he had been working with the FATA during his tenure as a partner at his former law firm, Forizs & Dogali, P.L.. Anderson said the previous representation involved two legal cases potentially affecting FATA members in which he filed briefs on behalf of the FATA as amicus curiae, or "friend of the Court." According to Anderson, the two cases, Nolte v. Paris Air and Nolte v. Sun Aviation, were resolved in favor of FATA's members and against the property appraiser for Indian River County, Florida.

"The assistance we provided to FATA in the Sun Aviation and Paris Air cases is a great example of the cost-effective legal services we provide to non-profit trade groups that do not have the multi-million dollar budgets of the national associations," Anderson said. Anderson is a former Washington lobbyist and executive director of a national aviation trade group representing helicopter and airplane tour operators at Grand Canyon, Alaska, Hawaii, and New York.

"I hope to provide nonprofit trade groups and their members with the kind of legal support that we desperately needed when I was in Washington," Anderson said. "We did our best to serve our members, but we simply could not afford the rates charged by law firms inside the beltway," Anderson added. Anderson said that he plans to represent nonprofits through AmicusAppeal, a subdivision of his firm created for the sole purpose of providing representation at the appellate level on issues important to trade groups and their members.

"My guess is that there are other executive directors who are, like I was, faced with the difficult challenge of serving the needs of their members while working within a limited budget," Anderson said. "I know how that feels, and I hope to be able to help them meet those demands," Anderson added.

Two Florida Low Cost Housing Nonprofits Embroiled in Controversies

In separate news reports, the Orlando Sentinel and Tampa Tribune have recently reported on troubles faced by nonprofit organizations that provide housing assistance to low income individuals.

In Leesburg, a lawsuit filed by the former executive director of the Community Development Corporation of Leesburg & Vicinity (CDC) claims that seven current or former CDC directors "commandeered" the CDC offices and shut them down, changed the locks and computer passwords, and urged tenants of CDC managed housing properties to withhold rent payments.

In Tampa, Sylvia Alvarez has received a lot of press from her involvement with the Housing and Education Alliance. The Tribune first reported in May that Alvarez provided information to federal investigators about alleged improprieties at the Hillsborough County Affordable Housing Office. In June, the Tribune reported that Alvarez told authorities three employees of the Affordable Housing Office "torpedoed her business because they wanted to create a company that would compete for the same contracts." A few days later, Tribune columnist Daniel Ruth wrote an article entitled "Ethics: Don't Leave Home Without Them" concerning the reports on Alvarez.

Today, the Tribune reports that Alvarez is at odds with homeowners of the Amber Place subdivision because of disputes over control of the homeowners association. Regardless of the merits of these claims, all of the above leads to the inescapable conclusion that central Florida public housing nonprofits will be facing some real challenges in the coming months.

If nothing else, the press reports reiterate the importance of getting some professional help public with public relations in times of crisis. It is a shame to see the hard work of many innocent individuals tarnished by allegations concerning a few individuals that seem to garner media attention that is out of proportion to the good works that nonprofits perform.