FundSvcs Community

Hi Joanna, I am a consultant, who works as an independent contractor with non profits all the time -- and would like to provide my own 2c. *This is not legal advice, but more of an advice out of experience.* Short answer: a contract is not necessary but is highly recommended. If this contractor works on hourly basis, then in the least, put the hourly rate, payment schedule (monthly etc.) and a broad list of expected duties and responsibilities, and approximate number of hours per week, and how the engagement ends (e.g. after X months, or upon completing of milestones etc.) It does not need to be in legal language, but should be signed/accepted by the contractor and by an officer/board member of the organization who has the signing authority, either on email or in print. Also, although it does not have to be in legal language, if you expect to need this over and over, then it's worthwhile investing money into creating a legal document. *Medha Nanal* *Strategic Data & CRM Consulting for Nonprofit Organizations* (Fundraising, Programs, Operations, Communications) 650-600-9374 www.topcloudconsult.com ---------------------------------------------------------------------------------------- On Wed, Mar 27, 2019 at 11:30 AM Joanna Cacciola <cacciolaj@hartwick.edu> wrote: > I volunteer for a small nonprofit and we recently "hired" an independent > contractor to coordinate our programs. One of our board members has argued > that because this individual is contracted and not employed with benefits > that a contract between the organization and the contractor is not > necessary, is this true? I was under the impression that the individual and > the organization would have to sign a contract that outlined the > expectations of both the organization and the contractor. >

I volunteer for a small nonprofit and we recently "hired" an independent contractor to coordinate our programs. One of our board members has argued that because this individual is contracted and not employed with benefits that a contract between the organization and the contractor is not necessary, is this true? I was under the impression that the individual and the organization would have to sign a contract that outlined the expectations of both the organization and the contractor.

Hi, Joanna, I’ll just add this, that, yes, I would have a written agreement of some sort. AND if this person who is coordinating programs is doing ANY fundraising for you, you need to ensure that they are following all solicitation laws in their state (NY?) and that the contractor is registered as may be required by the state to perform fundraising consulting. Donna Rex 105 Osprey Ridge Way Ponte Vedra Beach, FL 32082 donnafund@gmail.com Mobile 904.910.9140 > On Mar 27, 2019, at 2:29 PM, Joanna Cacciola <cacciolaj@HARTWICK.EDU> wrote: > > I volunteer for a small nonprofit and we recently "hired" an independent contractor to coordinate our programs. One of our board members has argued that because this individual is contracted and not employed with benefits that a contract between the organization and the contractor is not necessary, is this true? I was under the impression that the individual and the organization would have to sign a contract that outlined the expectations of both the organization and the contractor.

Thank you! This is incredibly helpful. Hopefully this sound advice will be enough to get everyone on the same page. Have a great Thursday, Joanna On Wed, Mar 27, 2019 at 5:01 PM Donna Rex <donnafund@gmail.com> wrote: > Hi, Joanna, I’ll just add this, that, yes, I would have a written > agreement of some sort. AND if this person who is coordinating programs is > doing ANY fundraising for you, you need to ensure that they are following > all solicitation laws in their state (NY?) and that the contractor is > registered as may be required by the state to perform fundraising > consulting. > > Donna Rex > 105 Osprey Ridge Way > Ponte Vedra Beach, FL 32082 > donnafund@gmail.com > Mobile 904.910.9140 > > On Mar 27, 2019, at 2:29 PM, Joanna Cacciola <cacciolaj@HARTWICK.EDU> > wrote: > > I volunteer for a small nonprofit and we recently "hired" an independent > contractor to coordinate our programs. One of our board members has argued > that because this individual is contracted and not employed with benefits > that a contract between the organization and the contractor is not > necessary, is this true? I was under the impression that the individual and > the organization would have to sign a contract that outlined the > expectations of both the organization and the contractor. > > > -- *If you would like to make a gift to Hartwick College, please click here:* http://www.hartwickalumni.org/give *Joanna Cacciola '07* | Development Assistant cacciolaj@hartwick.edu <mckownc@hartwick.edu> | 607.431.4013 Hartwick College | Office of College Advancement PO Box 4020 | Oneonta, NY 13820 http://www.hartwickalumni.org [image: Facebook] <https://www.facebook.com/HartwickAlumni>[image: Twitter] <https://twitter.com/hartwickcollege>[image: Youtube] <https://www.youtube.com/user/HartwickCollege>[image: Linkedin] <https://www.linkedin.com/edu/school?id=20104> [image: Instagram] <http://instagram.com/hartwickalumni> *SAVE THE DATE*: TRUE BLUE WEEKEND <https://www.hartwick.edu/alumni-and-friends/true-blue-weekend/> | September 20 - 22, 2019 [image: calendar] <http://hartwickalumni.org/s/158/index.aspx?sid=158&pgid=1704&gid=1&cid=3302&ecid=3302&post_id=0> Our Next Event: Click here to see a listing of our upcoming events. <http://hartwickalumni.org/s/158/social.aspx?sid=158&gid=1&pgid=1406>