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Executive Transitions

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mjsmall69

Junior Member
Washington DC.

I want to know if there are any laws regarding hiring a Executive Director in a non- profit from within the organization. Must there be a public notice of the job opening? We are a small non-profit.
 
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cbg

I'm a Northern Girl
If you are a private employer, regardless of whether you are for-profit or non-profit, you have no legal obligation to post the opening publically, or at all. You are free, if you so choose, to reach into the organization and say, Joe, congrats, you are now the new Executive Director instead of the branch manager. Or, you can post it everywhere you like and refuse to accept any internal applications. It's entirely up to you.

For the most part, the employment laws are exactly the same for non-profits as for for-profits. There are one or two exceptions (for example, for-profits cannot use volunteers) but in almost all respects you are subject to the same laws and possessing of the same rights as a for-profit. The difference is in your tax status, not the laws regarding your employees.
 

Beth3

Senior Member
There's one other issue here, cbg. If the poster's organization receives public funding or grants, there may be some imbedded requirements regarding recruiting for certain key positions. While no employment laws compel you to post or advertise the job (you are free to hire or promote anyone you wish to), you need to review the terms of any public funding and grants you receive to see if there are any requirements that you make the opening publicly available for external and internal candidates.
 

cbg

I'm a Northern Girl
Good point. The only non-profit I have any direct contact with (insofar as things like this would be concerned) does not receive any public funding so I tend to forget about that aspect.
 

Beth3

Senior Member
Then you can do whatever you want. If you think you have the perfect internal candidate for the ED position and that advertising the job would be a waste of time and money, then go ahead and promote from within if that's what you wish to do.

FYI, public funding (state, federal, and municipal), grants, and donations from charitable organizations (e.g.. United Way) can include some quite onerous and very unique if not just plain odd requirements that are completely foreign to those of us who don't work in that sector.
 

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