**EZ/EC Boards: The Election Process**

Regulations published March 25, 2002 require that 55% of the community
based boards of directors for programs subject to 7 CFR 25 be elected
from the community. The regulation reads as follows:

> § 25.404 (b)(3) [Board membership]{.underline}. The membership of the
> board must be representative of the entire socio-economic spectrum in
> the designated community including business, social service agencies,
> health and education entities, low income and minority residents.
> Board membership may be determined by either broad-based election or
> by appointment to meet this diversity requirement; however, not more
> than 45 percent of board members may be selected by appointment.
> Elections of community residents to the board may be done by any
> locally acceptable process; however, at least one board member from
> each of the designated community\'s census tracts must be elected and
> representative of the low income residents in their census tract. The
> Deputy Administrator, Office of Community Development, may waive the
> 45 percent maximum appointment limit only for Tribal Governmental
> Organizations where the Deputy Administrator determines, in writing,
> that a more representative board would be obtained through the
> appointment process.

This has raised many questions as to the interpretation of this
requirement. The following Q&As have been prepared in response to
questions that were raised by communities and employees since this
regulation change was published.

1.  What constitutes a broad-based election?

A broad-based election is conducted through a public process, and any
resident of the census tracts included in the EZ/EC, or other designated
community subject to 7 CFR 25, is allowed to vote for candidates running
for board seats. The election is a two part process; the nomination of
candidates, and the election of board members. It may be held at a
public meeting, or through a balloting process. It is the responsibility
of the existing board and the managing entity to ensure that nominations
are obtained from all census tracts and socio-economic groups in the
area. If an election fails to produce a balanced board, appointments may
be used to balance the board with the remaining 45% of the board seats.

2.  What does "locally acceptable" mean?

"Locally acceptable" can be defined as a process that is acceptable or
considered normal for the designated community, and is open and
accessible to any resident of the designated census tract. Methods of
election vary. The community is responsible for keeping documentation of
the options considered by the board, and the justification of the method
selected. The time of day the election is held and the location of the
election must be considered generally accessible to community residents.
Some communities consider official paper ballots submitted over a fixed
period of time acceptable, some do a show of hands or a colored marble
count in a public meeting. Some communities hold elections in multiple
locations or times within the designated community, or allow absentee
ballots, to ensure that the election is accessible to all residents.

3.  Where do nominations for the board come from?

Nominations for board seats should also be obtained through a public
process (see questions 2 and 5) from residents and organizations
operating within the designated community. Nominations should be
obtained before the public notification process is started, since the
slate of candidates is an integral part of the public notice of the
election.

4.  What constitutes sufficient notice?

Elections should be publicly announced at least 30 days before they are
held. Depending on other events in the community (seasonal labor,
harvest, school schedules, or inclement weather), there may be a need
for a longer notice period.

5.  What constitutes public notice?

Broad-based public elections require adequate public notice. Public
notice can be achieved in a variety of ways. Posting the election notice
in a public places in each affected census tract, running notices in the
local newspaper(s), mailings to residents, and announcing elections at
other public meetings, are all acceptable methods. It is not likely that
any one of these alone, however, will reach a majority of residents.
Multiple methods of public notice should be employed. Managing entities
must keep documentation of methods used for election notification, and
may be asked to produce such documentation for community residents and
program evaluators.

6.  What information has to be shared to constitute adequate public
    notice?

At a minimum, the date, time and location of the election and a list of
candidates must be posted to be considered adequate public notice. It is
a good idea to also include a brief thumbnail sketch of the candidates,
issues in the plan that they may have experience with and/or their
relevant qualifications for board membership.

7.  What is a representative board?

A representative board reflects the socio economic and geographic makeup
of the community. It also includes, sometimes as ex officio members,
representatives of major sectors of the community (education,
healthcare, etc). The regulations require representation from
low-income, and each of the census tracts. It is the responsibility of
the existing board and the managing entity to ensure that nominations
are received from a broad-based group of candidates, and that the final
board makeup is representative and conflict of interest issues have been
addressed (see question 8). Areas that are not covered through the
elective process can be filled through appointment.

8.  What is conflict of interest?

EZ/EC boards should be representative of the community (see question 7),
but should not have members who have a vested interest in the projects
being funded by the EC (conflict of interest). In small rural
communities, this is a challenge. Board members who have a financial
interest, or whose close family members have an interest in, a project
being funded by the managing entity or significant partner organization
may have a conflict of interest and should refrain from exercising
influence over decisions made that would affect the project in which
they have an interest. Boards must have procedures in place to address
conflicts of interest. These procedures must be available for public
review. Some areas to watch out for are:

-   Board members with direct involvement in EZ/EC funded projects

-   Over representation on EZ/EC board by board members of the managing
    entity

-   Multiple family members on board

-   Lack of or over representation of one sector (business, education,
    low-income)

Some times the appearance of a conflict may be just as damaging as a
real one. It is incumbent on both the managing entity and the board to
address such situations, keep their funding process transparent, and
maintain good communications with the public.