Tripartite Board Composition & Selection Guide | Understanding CSBG Requirements

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: • General tripartite board composition and selection information • Public official sector • Low-income representative sector • Private sector We’re here!

3. 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

4. 1.1 Know Brief History of CAA Tripartite Board

5. Name that Individual ? ? ? ?

6. Name that Individual Lyndon B. Johnson U.S. President who signed the Economic Opportunity Act in 1964, which established the War on Poverty 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 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

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. Note: Block v. Discretionary 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 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

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

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. 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:

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 TIP 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

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 TIP Provides insight as to how OCS views tripartite board composition and selection as well as the board’s role in overseeing the CSBG program

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

41. Note: Entity 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.

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 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 EXAMPLE

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?