IN THIS ISSUE
04 06 08 10
Version franรงaise
CREATING A GOVERNANCE MANUAL BOARD EVALUATION MANAGING SPORT VOLUNTEERS PERSONAL INFORMATION & PRIVACY LEGISLATION
Leadership SIRCuit - Winter 2016
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Empowering sport organizations through strong leadership
WHAT’S INSIDE CREATING A GOVERNANCE MANUAL
- Winter 2016
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MANAGING SPORT VOLUNTEERS
BOARD EVALUATION
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PERSONAL INFORMATION & PRIVACY LEGISLATION: What do Sport Organizations Need to Know?
Creating a Governance Manual
Exploring the importance of a Governance or Board Manual and the type of content that can be assembled to create an effective governance tool.
Board Evaluation
Basic steps to maintaining good governance on your Board.
Personal Information & Privacy Legislation
The details of the Personal Information and Protection of Electronic Documents Act (PIPEDA) and how it impacts sport organizationa and their collection of data.
Managing Sport Volunteers
Many sport programs and organizations rely on volunteers; in this context we look at the trends, recruitment, retainment and retirement of volunteers in the sport environment.
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Editor Debra Gassewitz, SIRC Content & DESIGN
Nancy Rebel , SIRC
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Marcel Nadeau
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Sport Canada: Rebeccah Bornemann Steve Parker
CIRCulation
Kim Sparling , SIRC
Translation
Special Thanks
Ottawa Sport Council: Marcia Morris Steven Indig Dina Bell-Laroche
Leadership SIRCuit is partially funded by
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Leadership SIRCuit - Winter 2016
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Creating a Governance Manual
E
ffective education and orientation of new Board members is vital for effective governance continuity. Maintaining a Board or Governance Manual can be an effective way to keep current Board Directors organized and up-to-date and bring new Directors quickly up to speed. The Manual should be a dynamic resource maintained and updated as needed by the Board Secretary. While there is no hard and fast rule as to what should be contained within the Manual, there are some common suggestions for what may be included keeping in mind that organizations will want to adapt their content based upon their governance directives.
SUGGESTIONS FOR MANUAL SECTIONS Section 1: Organizational Introduction and Background
It will be useful for the first section of the manual to contain some quick but important reference material such as: • Stated purpose of the manual • A brief organizational profile • A list of board members with contact information • Overview of board composition and board structure • Board member’s job description and board members agreement form
Section 2: Governing Documents
Understanding the governing policies/ documentation of the organization is critical for all board members. These documents reveal the overriding governance rules that drive the work of the Board. Therefore a section for board-level policies is essential. This section should include: • Vision, mission and values statements 4
• Incorporation by-laws (sometimes called a “constitution”) • Board Process & Operational policies (E.g.: Board orientation, Conflict of Interest, Senior Executive evaluation, Succession Planning/Nominations, Board of Directors Insurance, etc.)
Section 5: Financial Reports, Fundraising Plan and Contracts
Section 3: Strategic Plan and Key Performance Indicators (KPIs)
Section 6: Executive Director and KPI Committee Reports
This section provides an overview of the current strategic vision for the organization’s short-term growth and the outcomes upon which to measure success and progress.
Section 4: Minutes of Board Meetings
Keep current year’s minutes here, it is useful as a means of everyone staying organized. The minutes of your organization’s most recent Annual General Meeting (AGM) should also be kept in this section. Instructions on accessing any previous Board Meeting minutes may be located here as well.
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A copy of your organization’s latest audited year-end statements and the current boardapproved budget could be put here. Like board meeting minutes, financial statements are quickly out-of-date.
It is common for governing boards to receive regular senior executive’s reports and these, along with current Committee Reports responding to KPIs and any variances may require their own section in the manual. Again, like meeting minutes these too become out-ofdate and should be updated regularly.
Section 7: Board Education
This section could contain information on how to run effective meetings, key relationships (international, national, provincial/territorial,
community, private sector, etc.), as well as information about the sport industry and the community you serve. It might include documentation on current issues, statistics on trends, important government policies, related national and international bodies, funding relationships, official languages, etc. Templates for board evaluations could also be kept here.
Section 8: Marketing or Branding Resources Most non-profit organizations publish newsletters, program announcements, issue press releases and produce flyers. It may be useful for board members to have copies of this marketing or branding material in one place.
SUGGESTIONS SECTIONS
FOR
ADDITIONAL
• Competition or Games-related information (as applicable) - Bidding and Hosting Schedules - Bidding and Hosting Processes - Summary of Key Operational Responsibilities • Athlete-Related governance and documentation - Athlete/Team Selection - Codes of Conduct - Responsibilities to Athletes
SAMPLE TOOLS Creating Your Board Manual (Clarkson Centre for Board Effectiveness) Creating a Board Member’s Manual (Dalhousie University)
WHAT DOES IT ALL BOIL DOWN TO?
Keeping key governance documentation together in one place is not only an effective way to educate new Directors, or potential new Directors, on your organization and their role as a Board Member, it’s a great way to maintain strategic focus on the organization’s goals and progress. Keeping clear governance processes and structures will allow the Board and Senior executives to concentrate on the performance of the organization rather than on the minutiae of Board processes. ∆
Typical Contents of a Non-profit Board Manual Rugby Ontario’s Governance Manual (2015)
Equine Canada Governance Policy Manual (2015)
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Board Evaluation
Basic Steps to Maintaining Good Governance on Your Board
G
ood governance is the goal of all not-for-profit sport organizations and having an effective Board of Directors is a key tool in achieving good governance. An effective Board will add value to an organization and not hinder that organization’s performance. In order to make sure that your Board is performing to its best capacity a regular Board Evaluation should be integrated into the organization’s governance procedures. Most Boards conduct some level of performance assessment whether they realize it or not, making sure that the process is formalized should be seen as a positive step in maintaining governance standards. Why is it important?
At its most basic level, Board evaluation provides a framework for accountability and transparency to all stakeholders of the organization (members, funders, staff, clients, and the broader community). Evaluation should be tied directly to the outcomes and results outlined in an organization’s strategic plan. As a key part of Board structure, Board evaluation contributes to governance alignment, can uncover warning signs of ineffective Board focus, and can contribute to Board renewal. It is an effective way to gain feedback on the performance of individuals and the Board as a whole and provides opportunities to learn how to improve the work of the Board or perhaps identify Board training and development needs. It can be used most effectively to identify or clarify individual and collective responsibilities thereby building a positive governance culture. Regular assessments of the performance of the Board and directors can help bring to light numerous governance issues, such as: • Strategic or mission disconnect • Lack of clarity around roles, mandates and accountabilities • Undue influence of or reliance on a particular person or stakeholder • Information asymmetries • Poor staff relations • Ineffective Board/Committee leadership or succession planning 6
• Lack of board engagement or inability to address key issues. • Weak oversight of risk, financial reporting or other areas In order to have an effective Board evaluation process, the Board first needs to have benchmarks in place to compare to. Some of these core benchmarks should include: • Clear Board job descriptions • Hiring competent Senior staff • Having a Strategic Plan • Strong chairperson • Effective Board meetings • Having an applicable governance structure
How do we get it done?
There are a number of ways a Board can evaluate and analyze Board performance both from an individual lens and for the Board as a whole. An organization may hire an independent consultant to manage the process or conduct it through an internal process. Either way, it is the Board’s responsibility to decide on the process and to ensure that the evaluation is implemented and results reviewed. Board evaluation best practices suggest that four elements should be pursued: 1) All members of the Board should participate in order to ensure that everyone understands and accepts benefits of the evaluation. 2) An effective, efficient and realistic evaluation process should be established.
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3) Tools used within the evaluation process should be mindfully selected to ensure validity, efficiency and accuracy of data collection. 4) Thorough follow-up should occur to address areas of concern and to ensure transparency. Board evaluation should focus on: • Board management practices (meetings, roles, committees, terms of reference, etc.) • Board development (succession, recruitment, orientation and structure) • Board goals, mission, and strategic plan • Risk Management • Communication • Evaluation of the Executive Director In order to establish a clear evaluation process it is suggested a Framework for Board Evaluation (Better Boards) should be set in place. Reviewing these questions within the Board will help guide the evaluation planning process and provide a practical approach to Board and director evaluation. 1) 2) 3) 4) 5) 6) 7)
What are our objectives? Who will be evaluated? What will be evaluated? Who will be asked? What techniques will be used? Who will conduct the evaluation? What will you do with the results?
A Board will need to decide the lens through which they are assessing skills. There are a number of competency areas that an organization may wish to have represented through the Board and priorities for these areas should be identified. Attributes such as professional experience, personal talents (networking, fundraising, conscientiousness, etc.) and diversity (gender, age, ethnicity, geographic location, etc.) will need to be incorporated into the matrix. Some of the competency areas/professional experience for a sport Board may include (not exhaustive): • Sport industry/sector experience or knowledge • Governance • Other related industry/sector experience or knowledge • Demographics/Diversity • Subject-specific expertise • Accounting; Strategic Planning; Risk Management; Legal; IT; HR; Marketing; Fundraising
SAMPLE TOOLS Checklist to Evaluate a Nonprofit Board of Directors Board Self-Evaluation Questionnaire (2013) Sample Not-for-Profit Board Skills Matrix Director Non-Performance Governance Toolkits
Conclusion
Skill Identification Beyond Board and director assessment, an important aspect of Board evaluation is to know what skills are present on the Board, which skills are desirable for the Board, and by extension, identifying where the gap between these two lie. Not only will knowing this information aid in the evaluation of your current Board and its capacity, but it is an essential starting point in succession planning and Board recruitment. Having a Board Skills Matrix to perform this assessment is a critical tool in the evaluation process.
The focus of a skills matrix is to identify the current skills, knowledge, experience and competencies of the Board. Its role is also to evaluate this information in relation to desired Board characteristics for future Board recruitment. There are a variety of ways a Board may approach the evaluation of these skills, most commonly it is addressed through individual Board member self-assessments often followed by an overview evaluation by the Board Chair or Nomination Committee.
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Regular Board assessment helps to ensure that proper governance and Board standards are maintained. The evaluation process does not have to be long or arduous. Having all Board members onside with regular assessment helps maintain clear governance structures and operations leading to effective organizational operation. ∆ References : Beck, J. (2013). The Path to Effective NFP Board and Director Evaluations. Better Boards. Canadian Society of Corporate Secretaries. (2015). Board Committees and Board Evaluations. Deazeley, B. (2010). Overcoming the Fear of Board Assessments. Imagine Canada. Harrison, Y. (2012). Self-Assessment of Board Performance. Better Boards.
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Managing Sport Volunteers
S
port has one of the highest sector involvements by volunteers in Canada, over 80% of sport’s capacity is driven by volunteers. Many of our programs and organizations rely on volunteers not only on the field but also at the administration level. As such, it is important that we value our volunteers and work towards providing the best possible environment for volunteers and organizations to have a successful experience. Recently, SIRC worked with the Ottawa Sport Council and Dina Bell-Laroche to present a webinar (supported by Sport Canada) around best practices in volunteer management and are now happy to share some of the highlights of the session.
TRENDS:
• People have less time – affecting the amount of people who volunteer. Same people who keep volunteering, meaning that we put a heavier burden on a small group of people. Provide volunteer opportunities that have more precision and clarity about what the volunteer commitment is and do not overextend those that do volunteer.. • Revolving door – People tend to volunteer where their children are, so it is unlikely that the volunteer will extend their commitment of time beyond their family involvement. • Looking to pad their resumé – people looking to expand their skills and knowledge. This is more of an transactional relationship rather than the traditional altruistic motivation. This is also coming through with the integration of volunteer requirements in the school system. • Vested interest – people tend to volunteer when they have connection whether it be family participation or personal interest. • Risky business – there is a shifting social environment that is more likely to take legal action, so volunteers and Directors are more aware of a risk management culture and evaluate the risk of donating time to organizations to make sure it is a “safe” environment.
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RECRUITMENT:
• Have a plan … know what you need and who you want. Do a Needs Assessment (skills, competencies, etc.) • Connect with other organizations and borrow templates • Job descriptions … reviewed annually to make sure they are meeting the needs of the organization. Keep the people in the job as part of evaluating the job description. • Conduct interviews and check references, especially for key positions like Boards and those working with vulnerable populations. • Try it out! Consider having a “probationary” period. It’s about holding both the volunteer and the organization accountable to the experience. • Provide feedback
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RETAINMENT:
• Fit matters ... Make sure it is a good experience for the volunteer and the organization. Make sure that the skills and needs of the organization matches. Quickly address those that poison the environment so it doesn’t impact others. • Provide training … meets that transactional scenario of those looking to learn and acquire skills as well. • Change of scenery… look to deploy in different area of the organization to refresh the experience. If there are specific position terms that have to be respected, provide alternative roles they can hold. • Evaluate performance … feedback is key. • Say thank you … recognize exemplar performance. Pause to acknowledge accomplishments.
Watch the Full Webinar Recording
Additional Resources 1 Canadian Code for Volunteer Involvement
2 Volunteer Canada 3 Best Practices in Volunteer
Management: An Action Planning Guide for Small and Rural Nonprofit Organizations
4 Ottawa Sport Council Volunteer Database
5 SIRC Career Postings
(Volunteer & Internships; sample job descriptions)
6 Tools for Volunteer Management
7 Volunteer Management Manual
“Knowing how to manage a volunteer program smoothly is key to effective experiences for both volunteers and organizations”
RETIREMENT:
• Provide term limits … puts expectations forward clearly especially at the governance level. Provides natural boundaries for the experience. Prevents potential burnout or staleness. • Exit interviews … to learn what worked well and what they might do differently. • Preserve corporate memory … look to transfer knowledge. Key for the health of the organization providing a bridge to the next person taking the role (a mentorship). • Acknowledge contributions … scale appropriately.
Volunteers are quite often the lifeblood of the sport community. Knowing how to manage a volunteer program smoothly is key to effective experiences for both volunteers and organizations. Being aware of the latest trends in volunteer motivations and keeping in mind the three “R’s” outlined here are great steps towards success volunteer management. ∆
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SPrING 2015
In this issue:
04
WHAT LEADERS ARE USING SOCIAL MEDIA?
06
INTRODUCING NEW LEADERS
08
CRISIS MANAGEMENT
Leadership
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BUILDING A COMMUNICATIONS PLAN
UIT
MANAGINE CHANGE IN THE
Year of
sport
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Personal information & Privacy legislation: What do sport organizations Need to Know ?
P
ersonal information is something that is a staple for sport organizations to be collecting and using within the day-to-day operations of their business. How do we make sure that we are handling this sensitive information appropriately and legally? During a webinar in partnership with the Ottawa Sports Council, and with the support of Sport Canada, we talked with Steven Indig of the Sport Law and Strategy Group about the details of the Personal Information and Protection of Electronic Documents Act (PIPEDA) and how it impacts sport organizations and their collection of data. This article outlines some of the highlights of Steven’s talk on what we should all keep in mind around personal data rights.
What is PIPEDA?
PIPEDA sets out rules for how organizations (including not for profits) may collect, use or disclose personal information in the course of commercial activities. As of January 1, 2004, PIPEDA applies to all commercial activities within all provinces. There are a few provinces (Alberta, BC, and Quebec) which have legislation deemed substantially similar to the act where PIPEDA may not apply. While PIPEDA has been in place for a number of years, a new set of amendments to the Act received Royal Assent on June 18, 2015 and by now have, for the most part, come into force.
So what are we talking about here?
A Commercial Activity is defined as: “any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists”. This definition is intended to capture as broad a range of transactions involving the collection, use or disclosure of information as possible. Under PIPEDA, fundraising is not considered a commercial activity. Personal Information includes data such as: Home contact information; Identification numbers (SIN, registration, Health card); Human rights characteristics (e.g., age, race, etc.); Financial information; Health information; or Criminal history.
What is not included in personal information under the Act is employee personal information. The general rule is that if you do not need a specific piece of information for a specific reason, do not collect it. If you are collecting information on a form such as for registration, where information such as Health Card information would be useful, make it an optional field where the individual may choose whether or not to supply the information.
What do sport organizations need to do?
PIPEDA sets out 10 Fair Information Principles that set the guidelines for how information is collected, used and disclosed. An organization is obligated under the Act to handle personal information only for purposes that a reasonable person would consider are appropriate in the circumstances. The Office of the Privacy Commissioner of Canada provides a Privacy Toolkit that presents an overview of their 10 principles, how to fulfill them, and some tips for organizations’ implementation.
What are the updates and Amendments to the Act that impact sport organizations?
As mentioned earlier, amendments to PIPEDA received Royal Assent and became law on June 18, 2015 and now require organizations to understand and implement the following:
10 Empowering sport organizations through strong leadership
Compliance Agreements • Privacy Commission can enter Compliance Agreements and enforce them via Federal Court (limited occurrence in sport). Valid Consent • Consent (implicit) of an individual is only valid if it is reasonable to expect that the individual would understand the nature, purpose and consequences of the collection, use or disclosure of personal information to which they are consenting. Business Contact Information • A new definition of “business contact information” has been added and the definition of “personal information” has been revised to refer to “information about an identifiable individual”. • Work contact information, including e-mail (new addition), may be collected, used and disclosed without consent so long as the purpose is related to their employment, business or profession. Sport organizations need to be aware of their obligations in regards to handling personal information within the context of their organization’s operations. Having privacy and information policies and procedures is key to fulfilling the requirements under the law. By building into these policies and procedures the 10 principles outlined by the Act and having a designated Privacy Officer that will monitor data management, the organization should be well on their way to handling any issues that arise around collection, use and disclosure of information. ∆
Ten Fair Information Principles
Additional Online Resources
Accountability - knowing what the organization is doing with the information and who it is being disclosed to. Have a Privacy Policy to clearly outline this. Identifying Purpose – identify the reason behind why the information is being collected before or at the time of collection (registration, Age Group assignment, etc.).
Webinar Recording Including Personal Info & Privacy Section
Consent – Implied (by filling out a form) versus explicit (signature or checkbox providing consent on forms). Limiting Collection – only collect what needs to be collect, don’t mislead as to why it is being collected. Limiting Use, Disclosure and Retention – where the information is being used, who has access to it and how long information is being kept. Have policies and guidelines for this. Be Accurate – minimize the use of incorrect information. Safeguards – protect the information collected to a reasonable standard. Openness – have policies for the management of information and have those available to the public. Individual Access – obligated to disclose to an individual the information you have about them. Provide Recourse - have a complaint procedure in place. Obligation to inform complainants of their recourse, to investigate all complaints and to make appropriate measures to correct information policies and procedures. Should have a senior staff member appointed as the Privacy Officer.
Office of the Privacy Commissioner Personal information and Protection of Electronic Documents Act (PIPEDA)
Fact Sheet - Privacy Legislation in Canada Fact Sheet – Application of PIPEDA to Charitable and Not for Profit Organizations
Privacy Act Toolkit
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SIRC.CA/NEWSLETTER/SIGN-UP / SIRC is Canada’s national sport information resource centre, established over 40 years ago. Mailing address: SIRC PO Box 53169 Rideau Centre RO Ottawa, Ontario, Canada K1N 1C5 Tel/Fax: +1 (613) 231-7472 info@sirc.ca
for more information and resources
sirc.ca/governance Disclaimer: Author’s opinions expressed in the articles are not necessarily those of SIRCuit, its publisher, the Editor, or the Editorial Board. SIRC makes no representations or warranties whatsoever as to the accuracy, completeness or suitability for any purpose of the content. Copyright © 2016 SIRC. All rights reserved. Please do not reproduce any part of the publication without the prior written consent of SIRC. Permission may be requested by contacting us at info@sirc.ca Photo’s courtesy of Sport Canada; Canadian Olympic Committee For more information: info@sirc.ca
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