La. Admin. Code tit. 40 § XVII-701

Current through Register Vol. 50, No. 11, November 20, 2024

Section XVII-701 - Requirements

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.

La. Admin. Code tit. 40, § XVII-701

Promulgated by the Department of Employment and Training, Office of Labor, LR 16:206 (March 1990), amended LR 17:357 (April 1991), amended by the Department of Labor, Office of Labor, LR 21:1340 (December 1995).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:66 et seq.