Senior Counsel, Philanthropy

We embrace continuous learning and improvement in our pursuit of excellence in our work. We know where we have been will not get us where we need to go, and we work with colleagues and our partners to determine how to achieve our mission together. We take our accountability to our work and each other seriously — out of respect for our colleagues, in service of our partners, and in pursuit of our impact goal. We Embody Respect We strive to be hard on systems of oppression and gentle with people. We value, dignify, and take care of one another. We Practice Transparency We know that knowledge is power, and we are committed to sharing it. We embrace the challenging conversations that arise through our collective efforts because we trust in our shared commitment to shifting power. Tidesters take individual and collective responsibility to actively cultivate a collegial work environment. We know that diversity is our greatest strength, and that our most effective solutions and biggest impacts are the result of working in partnership. Every Tidester has a part to play in shifting power and resources to communities who have historically been denied both. We look for Tidesters who share our vision for a more just and equitable future, and we strive to build a team that’s as diverse as the communities we serve. Though our work calls us to direct our focus outward, our promise is to also ignite potential from within. We strive to prioritize the programs, practices, and development of Tidesters of all backgrounds to continue their meaningful work. Everything we do is rooted in justice, equity, diversity, and inclusion (JEDI). Learn more about our JEDI principles and how they shape our culture and our work. After closing our offices in 2020 due to COVID-19, Tides reopened our offices in New York and San Francisco in 2021, thereby marking our transition to a hybrid organization. Today, Tides supports Tidesters in their choice to live and work from anywhere in the US as a remote-first workplace. Where you work is up to you! Holistic Benefits We offer comprehensive benefits to meet your and your family’s unique needs, including medical, dental, vision, and life insurances; vacation and sick/wellness days; a retirement plan with a match from Tides; equipment and stipends for your home office setup; professional development funds and tuition reimbursement; access for you and up to 4 others to Calm ; fertility healthcare and family-forming benefits through Carrot ; and more. Employee Union Some positions at Tides are represented by and subject to a collective bargaining agreement (CBA) with SEIU Local 1021. We specify on each job opening if it is included in this CBA. Those hired into a union-supported position will receive information regarding their benefits, rights, and obligations at a new hire orientation facilitated by a union representative. Tides is grateful for the work that SEIU and many other unions have done to support equity, empowerment, and social justice. Read our collective bargaining agreement . Pay Transparency At Tides we openly share our approach to compensation to create trust, hold ourselves and each other accountable, and ensure equity across the organization. In support of wage transparency advancements, all of our job postings include salary information. We value pay equity and account for factors such as your location within the US and your relevant experience, and we will not ask for your salary history. Our recruitment team will gladly share more details during the interview process. Notice About Fraudulent Job Postings and Emails Please be cautious of scams impersonating Tides staff, and do not respond to unsolicited emails offering jobs. Tides will never ask for sensitive personal information or application materials through unofficial channels or private emails. We encourage all potential applicants to verify job postings — as posted below on Tides’ Careers page — or trusted job platforms. After submitting a verified application, you will receive a confirmation email from the domain @ashbyhq.com and all official communication with Tides will come from our website domain of tides.org Ifyou’vereceived any suspicious communications regarding Tides jobs, please report them viaourContact Us page .Pleasebe assured that your security is our priority, and we will closelymonitorand investigatefraudulentjobcommunicationsas they arise. Senior Counsel, Philanthropy Location Remote Employment Type Location Type Remote Department Compensation National GeoTier (Most of the United States) Starting Salary $132.6K – $165.8K Moderate GeoTier (Major metropolitan areas) Starting Salary $144.7K – $180.9K High GeoTier (New York City and San Francisco metro areas) Starting Salary $159.2K – $199K Starting salaries will fall into one of the three GeoTiers shown above. Our Talent Acquisition team will review your application and confirm your placement within this structure with you at the beginning of the interview process. About Tides Tides is a nonprofit and philanthropic organization committed to advancing social justice. We work across the social sector to shift power to communities of color and other groups historically denied power. Centering equity and justice in everything we do, we collaborate in deep partnership with movement leaders, nonprofits, donors, foundations, and corporations to amplify the impact of their work by providing services like fiscal sponsorship, donor advised funds, grant making, and a variety of innovative solutions. Learn more at tides.org . About the Role The Senior Counsel, Philanthropy, is a senior individual contributor on the Legal, Risk and Compliance (LRC) team, exercising principal-level authority over charitable and exempt-organization sector law as applied across Tides\' entities and activities. Operating with general executive direction, the Senior Counsel serves as an authoritative internal legal resource within an assigned practice portfolio spanning charitable philanthropic services including donor advised funds (DAFs), mission- and program-related investments, and the laws and regulations governing charitable exempt organizations — including charitability, partner due diligence and risk mitigation practices and policies, nonprofit tax, and election and advocacy activity for 501(c)(3) organizations. The individual portfolio assigned is based on organizational need and will emphasize Tides Foundation's philanthropic, grantmaking and investment-related activities, with shared coverage of Tides Network and other separate entities as needed. The Senior Counsel translates nonprofit legal and regulatory frameworks into robust, well-calibrated compliance and risk mitigation advice, practices and policies; leads legal projects and initiatives with cross-departmental scope; and provides technical direction to LRC staff and cross-functional partners through subject-matter leadership rather than supervision. As a Senior Leader the Senior Counsel, Philanthropy is responsible for modeling and demonstrating Tides’ core competencies of Leading Self, Leading People and Leading Results. What you will Do Senior Legal Counsel Serves as an authoritative internal resource on the laws and regulations governing charitable exempt organizations within the assigned portfolio, including grantmaking practices, partner due diligence, tax-exempt and charitable compliance, and compliant investment portfolios and programs. Advises executive leadership and Tides staff on complex legal grantmaking (including grants from DAFs, international grantmaking, and grants to non-501(c)(3) entities) and investment questions, recommending solutions and risk mitigations and determining appropriate escalation. Leads legal vetting of new and existing service offerings and programs for Tides Foundation, including Tides-led initiatives, DAFs, and other philanthropic giving and investment vehicles, identifying, investigating, and resolving legal issues while supporting Tides’ mission. Reviews and negotiates day to day contracts, primarily those entered by Tides Foundation, complex contracts, grant agreements, and investment and fund offerings and terms & conditions; leads development and revision of Tides' legal documents, template libraries, and legal and operational policies. Responds to subpoenas, legal inquiries and investigations, directing work with outside counsel as needed; tracks and reports on ongoing matters and prepares privileged memoranda on significant issues. Philanthropic Activity and Fiscal Sponsor Advising Provides authoritative counsel on the appropriateness of political activities for 501(c)(3) entities, including as relates to grantmaking, investments, election-related work and partisan activity, and associated communications and messaging. Forms organizational guidance on relevant state and federal regulation, donor disclosure, and advisory committee roles and responsibilities. Advises on the permissible scope of joint 501(c)(3) / 501(c)(4) activity, including agreements, grant proposals from (c)(4) entities, and grants from Tides to (c)(4) entities. Supports and provides guidance on Model A and Model C fiscal sponsorship requirements. Supports compliant messaging of election and advocacy activity in partnership with marketing and communications. Risk Management and Compliance Translates legal and regulatory frameworks into practical compliance tools, policies, and procedures; provides technical direction to LRC compliance staff in developing and operating the compliance program. Issue spots, investigates, and evaluates the legal implications of compliance matters and directs recommended operational changes or alternative policies and procedures. Advises on legal due diligence and policy compliance for mission-related and program-related investments in collaboration with the investments team. As needed, advises on legal matters relating to Tides entities that own, lease, and sub-lease property, including property tax exemptions, tax-exempt bonds and covenants, and tenant leases. Functional Leadership and Enablement Leads legal projects and initiatives with cross-departmental scope, including the design and delivery of staff training on relevant legal topics. Monitors legislative, regulatory, and enforcement developments affecting the charitable sector; translates developments into strategic advice protecting Tides' charitable mission, partners, and staff. Mentors and shares advanced technical knowledge with LRC team members; supports legal team education and management of resources. Maintains individual continuing education to ensure Tides remains compliant with evolving laws. What you will Bring Leads by example and stewards commitment to Tides’ mission, impact goals, and JEDI principles. Principal-level expertise in charitable and exempt-organization ward law, including 501(c)(3) charitability, nonprofit tax including expenditure responsibility rules, fiscal sponsorship structures, and election and advocacy regulation. Experience advising charitable organizations including public foundations, both in-house and in private practice. Holds self and others accountable for high-quality, timely, and effective results. Adapts easily to working with a variety of stakeholders and to the varying needs of the organization, while maintaining a strong voice for legal compliance. Sound, well-calibrated risk judgment — able to distinguish material risk from theoretical risk and advise accordingly. Exercises excellent judgment in handling confidential information and other potentially sensitive matters. Strong written and verbal communication skills, with ability to counsel executives and make legal concepts accessible to non-lawyers across fields of expertise. Ideal Experience Juris Doctor and California law license or registered in-house counsel required. 8 years of direct experience in charitable sector law (nonprofit tax, fiscal sponsorship, exempt organization compliance, and/or election and advocacy law). Experience and knowledge of mission-related and program-related investment programs, including application regulations. Experience with registered investment advisor services a plus. Experience advising nonprofit organizations on compliance program structure and policy is essential. Experience with fiscal sponsorship, intermediary, or multi-entity nonprofit structures strongly preferred. We look forward to reviewing applications from all qualified job seekers. We strongly encourage applications from women, people of color, and bilingual and bicultural individuals, as well as members of the LGBTQIA+ communities. No applicant will be discriminated against because of their race, religion, sex, national origin, ethnicity, age, disability, political affiliation, sexual orientation, gender identity, color, marital status, or medical condition including acquired immune deficiency syndrome (AIDS) and AIDS-related conditions. Pursuant to the San Francisco Fair Chance Ordinance, we encourage and will consider qualified applicants with arrest and conviction records. Where required by state law, we utilize E-Verify as a part of our employment authorization process. Applicants with Disabilities Reasonable accommodation will be made so that all who are interested may participate in our interview process. If you are in need of an accommodation, please advise in writing at the time you apply. Compensation Range: $132.6K - $199K Join Our Talent Community Are you interested in joining our team but don’t see a job opening just yet that’s right for you? Please consider joining our talent community! Create a profile so you can be among the candidates we consider as new jobs become available. For additional career opportunities, we recommend that you explore openings with our partners, like Tides Advocacy, or browse our partner directory to seek opportunities with our Tides Center partners. #J-18808-Ljbffr Tides Center