California Code of Regulations
Title 22 - Social Security
Division 11 - Department of Community Services and Development
Chapter 1 - Community Services Block Grant Regulations
Section 100605 - Tripartite Board Composition
Universal Citation: 22 CA Code of Regs 100605
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Tripartite Board Composition.
(1) Any community action agency which is an
eligible entity to receive funding under CSBG shall have a tripartite board as
described in the Government Code Sections 12750(a)(2) and 12751.
(2) If an eligible CAA is a public CAA which
has the additional requirements of a governing board composed of officials of
the local political subdivision such as the county board of supervisors or city
council, a community action board shall be established to satisfy the
tripartite board requirement.
(3)
The community action board shall have at least 12 members and not more than 30
members. The membership of the board shall be divisible by 3 in order to
implement the tripartite requirement as stated in Government Code Section
12751.
(b) Public Sector Representation.
(1) For the purpose of
Government Code Section 12751(a), appointive public officials are defined to
include employees of agencies and members of boards established under State or
local law who have the responsibility and authority to decide and carry out the
policy of those agencies or boards.
(2) Public officials who are designated for
representation on the community action board may choose representatives to
serve on the board in their place or in their absence. The representatives need
not be Public officials themselves so long as they are entitled to speak and
act for the officials whom they represent in connection with the board's
business.
(c) Low-Income Representatives.
(1) "Democratic selection
process" for the purposes of this article, shall be defined as a methodology
reflecting the choice(s) of the people.
(2) Although representatives of the poor need
not themselves be poor, they must nonetheless be selected in a manner which
ensures they truly represent the poor.
(3) Area Representatives of Low-Income
Persons. Should a community action program be concerned primarily with compact
geographic areas in which poverty is concentrated, such as neighborhoods or
"target areas" of the community, the representatives of the low-income shall be
selected by the residents of those neighborhoods or areas. All residents of any
such neighborhood or area may participate in the selection process, but special
emphasis and attention must be given to ensuring that those residents who are
poor participate fully in the selection process. The number of representatives
to be selected from each area of concentration of poverty, in relation to the
total number of representatives of the low-income on the board, should be
proportionate to the number of low-income persons in the area, as compared to
the number of low-income persons in the community as a whole.
(4) Non-area Representatives of Low-Income
Persons. In some communities or parts of communities it may not be feasible for
some or all of the representatives of the poor to be selected on a neighborhood
or target area basis (for example, in a rural community where poor persons are
scattered throughout the entire area or, in an urban community where there may
be a neighborhood in which poverty is concentrated, but where poor people
reside outside such neighborhoods). In such cases, representatives of the
low-income population shall be selected only by the low-income population, whom
the community action program is intended to serve and who reside outside of
areas where poverty is concentrated. The non-area representatives should
themselves live outside of any target areas separately represented under
subsection (3) of this section. The number of such "non-area" representatives,
in relation to the total number of representatives of the low-income on the
board, should also be proportionate to the number of low-income persons living
outside geographic areas in which poverty is concentrated, as compared to the
number of low-income persons in the community as a whole.
(5) Selecting Representatives of Low-Income
Persons. In the selection process, whether for area or non-area representatives
of the poor, to the maximum extent possible, the low-income groups and
individuals to be represented should be involved. Among the selection processes
that may be utilized, either alone or in combination, are:
(A) Nominations and elections, either within
neighborhoods, or within the community as a whole.
(B) Selection at a meeting or conference to
which all neighborhood residents, and especially those who are poor, are
invited.
(C) Selection of
representatives to a community-wide board by members of neighborhood or
sub-area boards, who are themselves, selected by neighborhood or area
residents.
(D) Selection, on a
small area basis (such as a city block), of representatives who in turn select
members for a community-wide board.
(E) Selection of representatives, either
directly to a Community Action Board or for membership on a neighborhood board,
by existing organizations whose membership is predominantly composed of
low-income persons.
(F) This list
is not intended to limit the variety of selection processes which may be used.
Any democratic selection process ensuring the maximum feasible participation of
the poor is potentially acceptable. In all cases attention should be given to
the fair representation of significant minority groups within the
community.
(6) The
designating officials of a CAA shall select candidates for low-income seats,
who are declared low-income over persons desiring to represent the low-income
community, who are not declared low-income.
(d) Private Sector Representation.
(1) In choosing private sector participation
CAA's shall select groups and interests to ensure that the board is securing
broad community involvement.
(2)
Once the groups and interests to be represented have been selected, their
respective representatives on the board shall be chosen by those groups and
interests.
1. Change without regulatory effect amending subsections (a)(1), (b)(1) and NOTE and repealer of subsection (a)(4) filed 12-20-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 52).
Note: Authority cited: Section 12781(d), Government Code. Reference: Section 12751, Government Code.
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