The Seacoast Science Center is a 501(c)(3) nonprofit seeking to educate the community and youth about healthy oceans and why they matter. Without education, there’s no motivation to take charge of pressing issues that are degrading the marine world. Baba Dioum once said, “In the end we will conserve only what we love, we will love only what we understand, and we will understand only what we are taught” (1968). The Seacoast Science Center’s mission for ocean education strives towards a larger goal of ocean conservation, resource protection, and creating stewards “who care for the future of the sea” (Seacoast Science Center). As global climate change continues barreling full steam ahead, it’s places like the SSC that create an environment to nurture the minds of the future.
Unfortunately, the mission of this organization is threatened by the undertakings of the current Administration. Decisions such as backing out of the Paris Agreement, cutting Sea Grant and National Science Foundation Funding, and shutting down abroad Energy Department Offices researching clean energy solutions all contrast the ideals of an organization that helps foster an education for exposure to ocean conservation and environmental issues (Consortium for Ocean Leadership). These decisions not only put the future of our environment at risk, but also the goals and understanding of our youth. As President, Trump sits in a unique position where his actions can mold the image in young minds of what an acceptable course of environmental action is in today’s world. He can set the example that climate change isn’t as big of a threat as scientists make out, or he could rally efforts to prevent the downfall of global health, both human and environment. It seems though that the former is the current pathway Administration is following. Times like these are where organizations like the Seacoast Science Center are vital to continuing the education and work necessary to propel environmental protection. As a 501(c)(3) though, there are certain avenues to advocacy are not allowed due to the tax-exempt status held, and certain ways to push public policy and awareness that may put operations at risk.
Defined by the IRS, “under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office” (IRS.gov). A 501(c)(3) organization is defined by it’s tax-exempt status, and penalty for breaking this code would result in a loss of tax-exempt status. Digging further into the exact federal tax law attributes of a 501(c)(3), these non-profits are, however, allowed to “engage in public advocacy not related to legislation or election of candidates” and limitedly (LTD) “engage in legislative advocacy” (IRS.gov).
Simply put, legislative advocacy can mean a wide range of things, but is commonly viewed as working with people who have influence over the legal system to sway it in favor of particular group, organization, or population needs (University of Kansas). Actions counted in this form of advocacy can include anything from working directly with a lawmaker to mobilizing the general population to reach out to their representatives, senators, or other appropriate governmental officials and vote a certain way on a cause. The result of these efforts are often, but not limited to, “a bill with wording that supports a particular philosophy or helps legitimize your issue; a local ordinance that supports your cause; political, intellectual, or moral support; and a bill with funding attached.” (University of Kansas) Non-profits have to be careful when the bill they are supporting, or any legislative advocacy they are taking involves some monetary value change. If the passing of a bill could result in increased funds to a non-profit, intervention could be deemed against non-profit standards.
Even allowed in small doses, legislative advocacy can become a risk if too many lines are pushed. The IRS may test the level of lobbying through a “substantial part” test. This test basically examines what percent of a non-profit’s efforts, funds, and activities are going towards an agenda influencing legislation and propaganda (Nolo Legal Encyclopedia). At what point is there a “substantial part” is undefined. For the best result, the IRS examines this on a case by case factor, as every organization could go about their efforts differently, and their efforts could result in varying outcomes (Nolo Legal Encyclopedia). The general rule of thumb, but holding no real court or IRS standing, is the less than 5% rule: lobbying that accounts for less than 5% of the total time and effort/expenditures is non-substantial. Nolo Legal Encyclopedia states that “according to one survey, 85% of nonprofits devote less than 2% of their budgets to lobbying” (How much lobbying can a non-profit do?).
Perhaps more applicable to the Seacoast Science Center is the engagement of public advocacy, those topics unrelated to legislation or elections (but possibly still in the realm of politics). Under the 501(c)(3) status, the Seacoast Science Center legally can advocate for anything within this realm of public affairs without risking tax-exempt status. While nothing outright rules that non-profits can’t speak against the presidential administration and their actions, it could be a large risk in drawing in sponsors, visitors, and community if the political views portrayed at the center offend or disagree with members of the public. As a non-profit, operations and financial support for programs are dependent on the funds raised through events, admissions, Giving Society Members, and sponsors. The National Council of Nonprofits understands that advocacy is an important part of non-profit work, and looking to their guidelines, non-profits like the Seacoast Science Center can understand why it’s crucial to engage in public advocacy, especially applicable in the SSC’s current situation. There are several defined reasons on why nonprofit advocacy is important (Why Should Your Nonprofit Advocate, National Council of Nonprofits):
– Meeting an organization’s mission
– Survival and thriving with the media and government
– Problem solving and avoiding issues
– Give citizens a voice while strengthening communities
– Give input to policy makers needing stakeholder input
Knowing the types of possible advocacy, and understanding the risks and benefits of these decisions, the next step of a non-profit would be creating a strategy for each issue the organization wishes to advocate for. 501(c)(3) organizations actively influence governmental decisions on policy and implementation, but the success rate of their efforts depends on the strategies and processes used in advocacy (Nicholson-Crotty 1044). The framework of this decision making process follows selecting a domain around the mission of an organization to advocate within, determining a strategic stance to attain resources necessary for action, and then taking strategic action and sticking to a set step of actions to achieve the goal (Nicholson-Crotty 1046). If something goes wrong somewhere along the process, it’s best to stop and reanalyze the situation, recreating the process from step one instead of trying to amend on the fly. Amending on the fly may result in hasty decisions that don’t fully represent a solution to the problem that arose at hand, acting as a “Band-Aid” over a long-term solution.
Specifically, a nonprofit organization also has to decide what resources and energy they wish to put into advocacy, and what kind of advocacy (political or public) they wish to engage in. Typically, “nonprofit service providers become politically active when the policy environment sufficiently restricts their ability to deliver core services and/or the political environment is sufficiently friendly to ensure some probability of success” (Nicholson-Crotty 1046). For the Seacoast Science Center, before putting more effort and resources into advocating for ocean education and stewardship, the organization should first asses the degree to which governmental decisions are impacting its specific ability to complete its mission. One organization won’t be able to control all the factors the community is exposed to outside of the Center, but it can filter the lens in which political impediment on environmental decline is viewed, by offering an educational experience that plants the roots for educational growth outside of the Center’s grounds. After evaluation, organizations can choose to become politically or publicly active depending on the best way to create the necessary change to achieve the organization’s previously impeded mission.
At an educational non-profit such as the Seacoast Science Center, it’s important to advocate without presenting a negative political front for as long as possible. Public advocacy is a pathway which gets the community involved and focused on key issues while maintaining a neutral political stance in the public eye. While one can stress the importance of certain actions and political discourse, it can be accomplished without denouncing any particular political party or group. This minimizes the risk of driving away sponsors/visitors and maintains the mission of the Center.
