Guest post  by Christina Kuo, senior public policy and public affairs director, of the Michigan Nonprofit Association.

Today, I attended an engaging Public Policy Action Institute session with Mark Pacella, chief deputy attorney general of the Pennsylvania Office of Attorney General, on the role of state attorney general as the state charity official. 

Mark's concern around social media and fundraising is a valid concern because the role of the Attorney General's office in a state is to be the legal advocate for the citizens of that state. Although, offices like Mark's are charged with regulating charitable trusts and organizations, nonprofits should not view them in a adversarial manner, but as a partner to ensure that citizens and organizations that are following the law are protected from the bad actors. They are looking for partners and nonprofit experts to help them update regulations so they are not burdensome and/or ineffective.

I think what stood out for me in what Mark had to say, and also reflects other conversations I have had with PPAI attendees, is that these are very fast changing times. But the best practices and laws that are developed do not keep up with technology and the public and government’s ideas of what nonprofits should do. The discussion around fundraising and social media was interesting because it highlights this exact problem. 

By the time nonprofits recognize the need for changes to solicitation laws to address the way social media has changed fundraising, especially for small donors, it will be too late because technology will have sped past nonprofits. Instead, organizations should be working with their state regulators, the IRS, and other governmental entities to innovative to address current issues and ones that will likely come up further down the road.

Michigan has started to advocate for this approach with all levels of government. The new attorney general appears to be amienable to a partnership with the nonprofit sector versus an adversarial one. I know we hope in Michigan that we can move towards innovative solutions that will help both the AG's office and nonprofits fulfill their respective missions.