Your executive committee is doing all the work and making all the calls. The rest of the board just shows up and rubber stamps it. Sound familiar? This setup is more toxic than you think.

Meghan and I tackle two listener questions that hit the same governance problem from opposite sides. One from an overloaded exec committee doing everything themselves, and one from a frustrated new board member who feels completely shut out. Together they paint a perfect picture of why "the exec committee can just handle it" is a recipe for board drama, burnout, and disengagement.

Real Listener Questions:

1. How much can an executive committee do on its own before we need to consult the rest of the board?
2. What do I do when the executive committee makes their own decisions, and the rest of us on the board have no idea what's going on?

Meghan and I dig into what an executive committee is actually supposed to do, why acting between meetings without the full board is a problem, and how to untangle the culture mess underneath it all.

What You'll Learn:

• What an executive committee should actually do (and what it shouldn't)
• Why "acting on behalf of the board between meetings" is bad practice
• How every board member's fiduciary duty gets undermined by a board within a board
• Why volunteers who step into staff or operating roles need clear, separate job descriptions
• How to set thresholds for what's a board decision vs a day to day operational one
• What to do as a disenfranchised board member (including remembering you can walk away)

Bottom line: Your executive committee is not a board within a board. When a small group hoards all the decisions, you disenfranchise everyone else, burn yourselves out, and build a toxic culture that's hard to undo. Clear roles, clear policies, and a full board that actually gets to govern are what keep an organization healthy.

Resources from this Episode

• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct175-revive-dissolved-nonprofit/
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/10/CT176_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

A nonprofit went quiet. Everyone got busy, the work stopped, and somewhere along the way it got "dissolved." Now you're ready to bring it back. Is that even possible?

Meghan and I tackle a layered listener question that delves into a really misunderstood issue in the nonprofit world. We also get into what really happens when a founder-led org goes dark, why so many nonprofits stall out in their first few years, and what it actually takes to bring one back from the dead.

Real Listener Question:

"I was an officer for a small nonprofit that the president unilaterally decided to dissolve about a year ago. The org had been on pause while the board was busy with life stuff, and the president just did the dissolution herself. I really want to get back to the work. How do I revive the corporation? And do we have a leg up on getting our 501(c)(3) status again since we've already done it once?"

Meghan and I dig into what "dissolved" actually means, how a nonprofit might secretly still be alive, and the people side of reviving a mission that someone else already laid to rest.

What You'll Learn:

• Why so many new nonprofits stall out in their first few years
• The difference between truly dissolving and just abandoning a nonprofit
• How to check if your org still exists with the state and the IRS
• Why you don't lose tax exemption for missing a single 990
• Why the IRS gives you no special leg up for having been approved before
• The messy interpersonal drama that can arise when you're dealing with passionate people

Bottom line: Startup energy doesn't last forever, and pausing or closing a nonprofit doesn't make you a failure. But before you reanimate a dissolved org, check what's actually still alive, and tread carefully with the people who were there the first time around.

Resources from this Episode

• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct174-public-charity-private-foundation
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/10/CT175_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter

You got your 501(c)(3) letter, so you're all set... right? Not so fast. There's a second designation buried in that letter, and if it's not correct it could derail your grant applications, your tax filings, and your whole plan.

Meghan and I break down one of the most misunderstood distinctions in the nonprofit world: public charity versus private foundation. Both are 501(c)(3)s, but the difference between them changes how you file, what grants you qualify for, and how you're allowed to operate. We tackle two listener questions from founders who accidentally ended up in the wrong bucket without even knowing it.

Real Listener Question:

"One founder gives a lot of money to the nonprofit they started because it makes financial sense, and now their CPA is warning that this could turn the org into a private foundation. What does that mean? Another founder did all the paperwork themselves, got their 501(c)(3) letter, and then had a grant application rejected because they're "not a public charity." They're confused. Doesn't the letter say 501(c)(3)?"

Meghan and I dig into the public support test, why funding your own nonprofit can accidentally make you a private foundation, and how to check your real status before it comes back to bite you.

What You'll Learn:

• What the 501(c)(3) status actually is and why it has subcategories
• The difference between a public charity and a private foundation
• What the public support test is and why you need a third of your money from public sources
• How to look up your real status using the IRS exempt organization search
• Why private foundations file a 990-PF, not a regular 990

Bottom line: It's not "public charity good, private foundation bad." It's about which one fits the work you're actually trying to do. Know your real status and don't let a DIY paperwork shortcut haunt you three years down the line.

Resources from this Episode

• Previous Episode: https://birkenlaw.com/charity-therapy-podcast/ct173-money-when-nonprofit-closes
• Episode Transcript: https://birkenlaw.com/wp-content/uploads/2026/09/CT174_Transcript.pdf

Connect with Us

• Jess Birken: https://www.linkedin.com/in/jessbirken/
• Meghan Heitkamp: https://www.linkedin.com/in/meghan-heitkamp-829254115/

Listen & Engage

• Listen on Apple Podcasts | Spotify | YouTube | Amazon Music
• Rate & Review on Apple Podcasts: Click "Ratings and Reviews" then "Write a Review"
• Send us your nonprofit questions: https://birkenlaw.com/podcast/#podcast-story

Stay Connected

• Sign up for the Birken Law Email list: https://birkenlaw.com/signup/
• Follow us on Facebook, Instagram, Twitter