Current through Register Vol. 50, No. 9, September 20, 2024
A. Applicability.
In order to initially receive 90 percent CSBG funds and to maintain eligibility
for CSBG funding, private not for profit agencies must maintain a governing
board; and public agencies must maintain an advisory board, which meets the
requirements of the CSBG Act. A list of board members, the segment each
represents, their mailing address, and their terms must be submitted with each
application for CSBG funding. Each parish served with CSBG funds must have
representatives on the board from each segment.
B. Size of Board. The board shall consist of
not less than 15 nor more than 31 members which broadly represent the area
served by the agency.
C. Structure
of Board and Selection of Board Members for a Community Action Agency or
Nonprofit Private Organization. The board shall be constituted to assurances
that in the case of a community action agency or nonprofit private
organization, each board will be selected by the community action agency or
nonprofit private organization and constituted so as to assure that:
1. one third of the members of the board are
elected public officials, currently holding office in the geographical area to
be served by the community action agency, or their representatives, except that
if the number of elected officials reasonably available and willing to serve is
less than one-third of the membership of the board, membership on the board of
appointed public officials may be counted in meeting such one-third
requirements. Duly appointed members may designate an individual to represent
them on the board by properly notifying the local community action agency of
such delegation;
2. at least one
third of the members of the governing board shall be individuals with low
income who reside in the area to be served by the agency, or representatives of
those individuals. Persons representing individuals with low income need not
themselves have incomes below the level established by the Department of Labor
for purposes of this Part; however these representatives must reside in the
same geographical area as the individuals they represent and must be chosen in
accordance with democratic selection procedures adequate to assure that they
are representative of the poor in the area served. The board will devise the
method utilized to select representatives of the poor and the method utilized
will be subject to review and approval by the grantor; and
3. the remainder of the members of the board
shall be officials or members, or their designees of public agencies, business,
industry, labor, religious, welfare, education or other major groups and
interests in the community.
D. Structure of Board and Selection of Board
Members for a Public Organization. In the case of a public organization
receiving CSBG funds, such organization shall either establish:
1. a board of which at least one third of the
members are chosen in accordance with democratic selection procedures adequate
to assure that they are representatives of the poor in the area served which is
subject to the review and approval by the grantor; or
2. another mechanism specified by the grantor
to assure low-income citizens' participation in the planning, administration,
and evaluation of projects for which such organization has been funded;
and
3. members who represent
officials or members of business, industry, labor, religious, welfare,
education, or other major groups or interests shall be selected to provide a
broad base of community involvement and support, and should be selected from
each parish served. Organizations that are to have membership on the board must
be selected by the board of directors, unless the selection process is changed
by state or federal legislation.
E. Bylaws
1. The board shall adopt bylaws which include
the length of service of its members the allowability of alternates, and the
responsibilities of the board. These bylaws shall be available for review by
the Department of Labor.
2. The
terms of the board members representing the elected public officials segment of
the board shall coincide with their terms of elective office. The terms of all
other board members shall not exceed five years and they shall serve no more
than two consecutive terms without serving an inactive year.
3. The governing board of a community action
agency or private nonprofit organization shall have the power to appoint a
person to the senior staff position; to determine fiscal and program policies;
to approve all rules and procedure; and to assure compliance with all
conditions which relate to their responsibilities. Such actions shall be
consistent with the policies promulgated by the Department of Labor. If the
designated community action agency is the local governing authority, the
community action agency's advisory board shall have no powers as outlined in
this Section other than advisory to the community action agency.
F. Conflict of Interest
1. No board members shall engage in any
selection, award, or administration of a subgrant or contract supported in
total or part with CSBG funds if a conflict of interest, real or apparent,
exists. Such a conflict would exist when the individual, any member of the
individual's immediate family, the individual's partner or the organization
that employs or is about to employ the individual has a financial interest in
the award, subgrant or contract.
2.
For the purpose of this Part immediate family will be defined as children,
brother, sister, parent, spouse, and the parent of a spouse.
G. Reimbursements to Board Members
1. Board members may be reimbursed for travel
required to carry out their responsibility to assure compliance with the CSBG
subgrant. Travel shall be in accordance with the approved travel policy of the
subgrantee and must be documented and approved by the president of the board.
Travel reimbursement from CSBG funds shall be in accordance with the approved
travel policy of the state.
2.
Board members shall not be paid any salary or expenses other than the above
referenced travel from Community Services Block Grant funds.
H. Meal Reimbursement for Board
Members and Necessary Staff Attending Board Meetings. The cost of meals which
are in conjunction with scheduled board business meetings held at normal meal
times is allowable for board members and necessary CSBG staff in attendance.
Reimbursement for such meals shall not exceed the amount allowed for those
meals by the state's travel policy.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
23:66 et
seq.
