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2 This tool focuses on the CSBG requirements relating to tripartite board composition and selection and is divided into the following four parts, which may be completed separately or together: 1.General tripartite board composition and selection information 2.Public official sector 3.Low-income representative sector 4.Private sector We’re here!

1.1 Know Brief History of CAA Tripartite Board 1.2 Recognize Laws and Guidance Relating to Tripartite Board Selection and Composition 1.3 Understand General Concepts Relating to Tripartite Board Selection and Composition 3

1.1 Know Brief History of CAA Tripartite Board 4

5 Name that Individual ?? ? ?

6 Sargent Shriver First director of the federal Office of Economic Opportunity Edith Green Democrat from Oregon who was a member of the U.S. house of Representatives and instrumental in the creation of the tripartite board structure Lyndon B. Johnson U.S. President who signed the Economic Opportunity Act in 1964, which established the War on Poverty Albert H. Quie Republican from Minnesota who was a member of the U.S. House of Representatives and instrumental in the creation of the tripartite board structure

7 Who is often considered the architect of the Community Action movement?

8 Sargent Shriver Enlisted by President Johnson to map out an approach to the War on Poverty Assembled a task force focused on changing the structure and policies of the larger social service system through community organization and aggressive advocacy Helped create the Office of Economic Opportunity (OEO) and served as its first director

9 What is the name of the initial piece of federal legislation that created the Community Action Program and authorized federal funding for the program?

10 The Economic Opportunity Act

11 When was this legislation enacted?

12 August 20, 1964

13 What mandate in the Economic Opportunity Act initiated the concept of tripartite board composition for CAAs? Hint: “maximum…”

14 Written into the EOA was the mandate that CAA programs at the local level be developed, conducted and administered with the “maximum feasible participation of residents of the areas served and members of the groups served.”

15 What were two early amendments to the Economic Opportunity Act that addressed the composition of CAA boards?

16 Quie Amendment and Green Amendment

17 What is the Quie Amendment? What did it establish? Who was Quie?

18 Passed in 1966 Required at least 1/3 of CAA board members be representatives of the poor Solidified “maximum feasible participation” mandate that low-income individuals served help develop and facilitate CAA programs Proposed by Albert H. Quie, a Republican from Minnesota

19 What is the Green Amendment? What did it establish? Who was Green?

20 Passed in 1967 Created 3 part structure for CAA boards Provided greater control of CAAs by local elected officials Proposed by Edith Green, a Democrat from Oregon 1/3 Elected public officials or their representatives At least 1/3 Representatives of the poor Remainder Major groups & interests in the community

21 Is the Economic Opportunity Act still in force? If not, what replaced it and how is it different?

22 No In 1981, EOA was replaced by the Community Services Block Grant Act (CSBG) which combined 57 discretionary grants into 9 bock grants to: – Reduce Federal spending – Limit Federal government’s role – Transfer responsibility and authority to state and local gov’ts

23 N OTE : B LOCK V. D ISCRETIONARY Discretionary Grant Awarded on the basis of a competitive process Permits federal gov’t, according to specific legislation, to use discretion in selecting a project to be supported Example, Head Start grant Block Grant Federal gov’t gives states, localities, or regional entities (grantees) a fixed amount of funds that they distribute to other entities Minimal federal oversight Gives grantees flexibility in designing and administering services

1.2 Recognize Laws and Guidance Relating to Tripartite Board Selection and Composition 24

25 Understanding the Relationship of CSBG Laws and Guidance Exercise Number the items according to which one takes precedence over all the other items. Federal Office of Community Services Information Memorandum 82 State Community Service Block Grant (CSBG) statutes (if exist) CAA bylaws Federal CSBG Act Local ordinance or other official act such as a delegation agreement State CSBG regulations (if exist) CAA CSBG grant agreement with state

26 Understanding the Relationship of CSBG Laws and Guidance Exercise Number the items according to which one takes precedence over all the other items. 7 Federal Office of Community Services Information Memorandum 82 2 State Community Service Block Grant (CSBG) statutes (if exist) 6 CAA bylaws 1 Federal CSBG Act 5 Local ordinance or other official act such as a delegation agreement 3 State CSBG regulations (if exist) 4 CAA CSBG grant agreement with state

27 Federal CSBG Act State CSBG Statue State CSBG Regulations CAA CSBG Agreement Local Ordinance/Delegation Agreement CAA Bylaws IM 82 Guidance in Order of Precedence

28 What is the following and what does it say about tripartite boards?: Federal CSBG Act

29 Enabling legislation that authorizes the use of federal funds for CSBG programs A state may specify that a public CAA can employ a mechanism other than the tripartite board structure – Must assure decision-making and participation by low- income individuals in development, planning, implementation and evaluation of CAA’s programs Alternatively, a public CAA must have a tripartite board: 1/3 Elected public officials or their representatives At least 1/3 Representatives of the poor Remainder Major groups & interests in the community

30 What is the following and what does it say about tripartite boards?: State CSBG Statutes and Regulations (if exist)

31 A state may pass its own CSBG statues and regulations to help administer the funding, including fleshing out the federal CSBG Act board requirements – State laws must be consistent with the federal CSBG Act – The federal CSBG Act will prevail over state laws if they conflict

32 What is the following and what does it say about tripartite boards?: CSBG Grant Agreement with State

33 External document that the CAA chooses to enter into and which binds the CAA Enforceable under the state’s laws May govern a CAA’s tripartite board composition and selection procedures Likely includes citations to federal and state requirements Prior to signing it, ensure there is nothing in it that will lead to the CAA taking actions that are inconsistent with or in opposition to its internal governing documents TIP

34 What is the following and what does it say about tripartite boards?: Local Ordinance or Official Act

35 Generally, some type of official document that sets forth the delegation of powers arrangement between the local governing body and the tripartite board If this doesn’t exist, CAPLAW recommends public CAAs request some type of official recognition of the delegation of powers arrangement

36 What is the following and what does it say about tripartite boards?: Bylaws

37 Rules the board follows in governing the organization State CSBG laws and/or agreement may require tripartite composition and selection be included in bylaws The local governing body overseeing a public CAA should provide guidance regarding provisions to be included in the bylaws – Bylaws typically cover size, composition and selection, terms, meeting procedures, officers, committees, etc.

38 What is the following and what does it say about tripartite boards?: Information Memorandum 82

39 The only guidance from the federal government, Office of Community Services, regarding tripartite boards Non-binding Provides insight as to how OCS views tripartite board composition and selection as well as the board’s role in overseeing the CSBG program TIP

1.3 Understand General Concepts Relating to Tripartite Board Composition and Selection 40

41 The terms “organization” and “entity” are used interchangeably in the federal CSBG Act and refer to the public CAA. The decision-making body for either the organization or the entity is the local governing body, i.e., city council, board of county commissioners, etc. N OTE : E NTITY

42 Does a public CAA have to use the tripartite structure?

43 The federal CSBG Act provides a limited exception to the tripartite board requirement for public CAAs A state may specify that a public CAA use a different mechanism if it assures decision-making and participation by low-income individuals Most public CAAs have tripartite boards – If no alternative mechanism is established, then a public CAA must use the tripartite structure

44 Who selects the board members for the tripartite board?

45 The local governing body (e.g., city council or board of county commissioners) which is the decision- making body of the organization – Unless that body has delegated the responsibility of selecting board members to the tripartite board itself The tripartite board may make recommendations to the governing officials Must use a democratic election process to select low-income sector board members

46 Should a public CAA refer to its board as “advisory” or “administering”?

47 The federal CSBG Act does not require the board to be referred to as either “advisory” or “administering” –Section 9910(b) of the Act states that a public CAA “administers” the CSBG program through a tripartite board –IM 82 refers to public CAA boards as both “administering” and “advisory” CAPLAW generally uses the term “administering” as it reflects the federal CSBG Act language and emphasizes the active role the board should play in overseeing the CSBG program

48 May a CAA have a tripartite board that is not divided into equal parts, i.e., into thirds?

49 The federal CSBG Act does not require each of the three parts of the board be equal to 1/3 of the total The Act allows for more than 1/3 of the board to be comprised of low-income representatives as long as 1/3 of the board is elected public officials However, some states CSBG laws and/or policies may require each board sector be exactly 1/3 of the total EXAMPLE A 12 member board must have 4 members that are elected public officials but could have 5 members that are low-income representatives and 3 members from major groups and interests

50 If the local governing body retains authority to select the board members, in what ways is a public CAA board involved in the composition and selection of the board?

51 CAPLAW recommends that the board be actively involved in identifying, recommending and/or selecting members Consider establishing a board committee to oversee composition and selection tasks. Such a committee is often referred to as a governance committee. Committee tasks may include maintaining a list of potential board members that is regularly reviewed and updated

52 Do we have language in our bylaws establishing a board governance committee?

53 Defining the role of the governance committee helps the committee and full board understand the scope of the committee’s authority and what’s expected of the committee members.

54 How does the board generally ensure that it is recommending and/or recruiting individuals to serve on the board who meet the needs of the CAA?

55 A governance committee oversees the process Tools such as a board matrix help boards visualize what types of individuals will fit the CAA’s needs – Remember to not overly focus on “who people are” and lose sight of what the CAA needs board members to do When using a board matrix the board should ask itself questions like: (1) what are the three most important things for our board to accomplish this year? And (2) do we have the right people on the board to make that happen? TIP

To Conclude: List 3 pieces of information that you learned after completing Part I of this training List what, if any, changes you would recommend in how the board functions 56 This training tool is part of the National T/TA Strategy for Promoting Exemplary Practices and Risk Mitigation for the Community Services Block Grant (CSBG) program and is presented free of charge to CSBG grantees. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0433. Any opinion, findings, and conclusions, or recommendations expressed In this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.