The Nonprofit FAQ

Should the executive director be a consultant?
Brad Becker ([email protected]) wrote to NONPROFIT on
October 16, 1998:


Having worked in Human Resources for many years, I'm fairly
familiar with the distinctions between what constitutes an outside
consultant, and what is considered to be an employee relationship.

Nevertheless, I'm trying to see if any other groups have gone in the
direction we might. Since I will be the first and currently only
'employee" of the organization, and since we are really small and
cash conscious, I thought it would less expensive and easier for the
organization to treat me as a Consulant (independent contractor)
rather than an employee. That way the organization doesn't have to
worry about payroll taxes and other withholdings. All they have to
do is issue a 1099 at the end of the year.

Anyone have experience of having the Executive Director technically
not be an employee, but rather a consultant?

Any and all thoughts would be really appreciated.

There were two themes in the responses. One had to do with the
effect on the organization and its leadership of following this
course. Tony Poderis (
[email protected]), for example,
wrote (in part):


1. The organization, being "really small and cash conscious,"
obviously must grow and build for the future---to make hard and
maybe painful investments. That would mean for the board to commit
to the raising of funds, to among other things, pay the stable and
long-term salary of someone such as you. I doubt that, after
several months or so in a consultant's role that you would be
seriously regarded as an employee, a real member of the
organization's family and with them for the long haul. And the
consultant arrangement could easily be accepted as something
tentative in the first place, thus inhibiting vision for the future
of the organization. The board should not let this happen.

2. But, more to my concern, if I can be excused for making a
possibly incorrect assumption. As the one and only paid staff, no
doubt you will be expected to raise money personally as well. Take
care that such an effort, in the consultant's role, will not have
you be asked to, nor agree, to be paid according to a percentage of
what is raised, or by commission or by bonus. That will mean
trouble for you and for the organization. If that is the case--the
temptation--please take the time to read an article of mine on the
subject on my website at: http://www.raise-funds.com/898forum.html

If point number 2 is not the case with your organization, excuse the
assumption---but it usually does happen with a small and
cash-strapped organizations who hire some types of consultants.

And Carl Richardson ([email protected]), the
Managing Director of the League of New Hampshire Craftsmen,
added:


I wonder how much you will save the organization by being a
consultant. I assume that you still have an amount of money that
you must earn to continue working for the organization. I also
assume they are not paying great employee benefits. If you are not
getting benefits now, you probably won't get less as a consultant.
If you have only one employee, in some states, you can become exempt
from unemployment/worker's comp.

To add to the points that others have made, "consultant" carries
connotations of being temporary. If you believe you will be with
the organization awhile, you need to be seen as an integral part of
the organization.

Finally, boards of start-up organizations usually find they must
eventually embrace the idea that their main job is to raise money.
Because you are the only employee, it may seem to them (or to you)
that they are raising money for your salary. For this reason, you
may find it difficult to lead the charge toward prospective donors.
Your relationship to your budget may begin to feel very personal.
Do not let this happen. Your job is to help develop a shared vision
of the organization. You next real task is to place keep that
vision in the eyes of your board. They are raising money for
programs to carry out that vision. If board members do not believe
in the vision, they should not be on your board. If they do
believe in the vision, they should support it with wealth, wisdom,
and wallop.


The other theme related to the rules by which the Internal
Revenue service determines whether someone is an employee or an
independent consultant. The IRS frowns on arrangements that lead to
lower payroll costs for employers as a result of policies that
classify too many people as contractors rather than employees.
Channing Hillway, (
[email protected]), for example,
wrote:


If you are only employed by the one organization, you may find that
you will be regarded as an employee by the IRS and other agencies.
To be an independent contractor, it's important to work for more
than one organization. You'll also need to get a business license
to demonstrate that you are a consultant rather than an employee,
with bank account, post office box and etc.

You'll get more responses to this question that may give you some
more complete set of reasons. Nothing, sorry to say, is actually
simple in this regard. Steer clear of the easy answers. Also, if you
are going to serve as the exec, you may need to move the
organization along to the next step so it can actually begin to pay
you what you're worth.

And Putnam Barber ([email protected]) added:

You want to look at the IRS summary of how to answer this question, which you can find on the
IRS website at http://www.irs.gov/govt/fslg/article/0,,id=110344,00.html That page references IRS Publication 15-A that has a detailed explanations of the many related issues. The link to the longer publication is at the bottom of the page.

I have heard of associations contracting with firms to provide
"executive" services, including a contact person who will perform
many of the roles of an Executive Director. I suspect such
arrangements work well when there is a limited program of
associational business and little else. I think the suggestion that
anyone proposing to work on such terms would need to have a business
license, etc., is likely to be correct. The expenses of running two
parallel businesses (the NPO and the contractor) would probably be
higher than the payroll and other taxes due in the NPO simply hires
someone to be its exec. But that's a question that should be
researched on a case-by-case basis.




Posted December 5, 1998 - PB