Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 28 - Divisions of Community Services › Chapter 8 - Program Compliance › Appendix - APPENDIX

Current through June 25, 2024
MISSISSIPPI DEPARTMENT OF HUMAN SERVICES DIVISION OF
				  COMMUNITY SERVICES
BOARD POLICY
FOR
COMMUNITY SERVICES BLOCK GRANT ELIGIBLE
				  ENTITIES
The Community Services Block Grant (CSBG) Reauthorization Act
				  of 1998 requires that, as a condition of designation and to receive CSBG
				  funding, private non-profit entities and public organizations administer the
				  CSBG program through tripartite boards that "fully participate in the
				  development, planning, implementation, and evaluation of the program to serve
				  low-income communities." In order for the State to promote the continued
				  viability and effectiveness of eligible entities through appropriately
				  constituted and wellfunctioning boards, this policy is issued to provide
				  guidance on the composition, role, and responsibilities of the tripartite
				  board.
Board
				  Composition
The eligible entity's board of directors should consist of a
				  minimum of six (6) members and a maximum of three times the number of counties
				  an entity has in its service area (with the exception of agencies with one
				  county). Each county must be equally represented with members from each sector
				  as described below.
Representatives of Low-Income Individuals and Families
				  (Low-Income Sector)
The CSBG statute requires that a minimum of one-third of
				  tripartite board membership be:
1. Comprised of representatives of low-income individuals and
				  families who currently reside in the areas served. The implicit intent is to
				  ensure those who are served by the eligible entity have a strong voice in
				  agency governance and communicating the needs of the community.
2. "Chosen in accordance with democratic selection
				  procedures." Representatives of this sector may be nominated or elected either
				  within a neighborhood or within the community as a whole; at a community
				  meeting, a community organization meeting, or meeting of another low-income
				  service provider; and the meeting was publicized using at least one of various
				  kinds of media. No more than two members of Head Start Policy Councils may
				  serve on the board.
Elected Public Officials or their Representatives
				  (Public Sector)
The CSBG statute requires one-third of tripartite membership
				  be elected officials. If a sufficient number of elected officials is not
				  available, an appointed public official may be chosen. The elected official may
				  choose a designee to act on his/her behalf. The designee would then be the
				  board member and have full authority to exercise voting rights.
Entities are not restricted to choosing certain elected
				  officials to serve on the board. These members should support the goal of the
				  agency to address the poverty needs of the community and coordinate action by
				  local governments. If an entity's bylaws state only certain elected officials
				  can serve, the State strongly suggests a revision of the bylaws.
Public officials must be "holding office on the date of
				  selection." Also, the public official or designee may serve on the board only
				  while the public official is in office. Entities are responsible for ensuring
				  this sector remains current such as prompt notification of newly elected
				  officials or currently elected officials of the opportunity to serve on the
				  board should the entity still choose. The entity must ensure timely replacement
				  of board members who no longer hold office and ensure the last day of office
				  for the public official is the last day of service on the board.
Representatives of Major Groups and Interests in the
				  Community (Private Sector)
The remaining board members must be selected
				  from "business, industry, labor, religious, law enforcement, education, or
				  other major groups and interests in the community served." Members of this
				  sector are included because they represent the balance of the community, and
				  the entity cannot succeed without the support, resources, and participation of
				  this group.
Eligible entities must ensure that no organization, business,
				  or group has an indefinite seat on the board, meaning the selection of board
				  members shall allow the opportunity for other interested organizations to serve
				  on the board. Anyone chosen in this sector must be a member of the organization
				  or an employee, and live in that county.
Duration of
				  Service
The state requires a board member to serve no more than a
				  maximum of three (3) four-year terms.
This requirement is not
				  retroactive, meaning, board members whose terms expired prior to this policy
				  revision cannot serve the additional term granted by this policy
				  revision.
The board member must be re-elected or re-appointed at the
				  end of each four-year term. The terms may be continuous or there may be a break
				  in service. Eligible entities are encouraged to stagger the term expirations,
				  whereas not to create an issue of too many board members leaving the board at
				  the same time thus jeopardizing the governance of the board.
Should a board seat become vacant, it must be filled within a
				  sixty (60) day period, unless a written request for waiver has been granted by
				  DCS Director, within the sixty day period. Further, it is the responsibility of
				  the board to notify DCS in writing within ten (10) days of any board changes,
				  and an updated board roster submitted.
The entity shall provide DCS with a current board roster with
				  supporting documentation of each member's election or appointment. This
				  information must also be kept on file at the entity's main office for review
				  during monitoring visits.
Entities may not seat a former employee as a board member for
				  a period of two (2) years after leaving employment at the agency. Agencies may
				  prohibit a former employee who has been terminated from serving on the board.
				  Entities should prohibit federal/state employees from serving on the board if
				  there is the potential for a conflict of interest between the federal/state
				  office and the entity's business transactions, such as a potential funding
				  source.
Entities may not employ a former board member during the time
				  of service on the board, nor for a period of two (2) years after leaving the
				  board. This waiting period is to avoid the appearance of a board member having
				  an undue employment advantage.
Training
				  Requirements
New board members or members who had a one (1) year or more
				  break in service shall participate in an orientation within two (2) months of
				  being seated. The orientation shall include at a minimum: federal, state, local
				  policies and procedures as it relates to the entity and its programs; board
				  bylaws; articles of incorporation; entity mission; entity strategic plan;
				  entity financial and programmatic reports; program overview to include sources
				  of funding; audit report; board responsibilities and liability; conflict of
				  interest; and ROMA.
Board members shall participate in training at least every
				  two (2) years on board responsibilities and governance as specified in the CSBG
				  Organizational Standards.
Training and/or orientation may be done at board meetings,
				  special sessions, and may be done in person, electronic media, or other methods
				  as determined by the board.
Should an entity fail to comply with training requirements,
				  DCS will declare entity at-risk, and issue a request for a corrective action
				  plan, which may result in a notice to terminate funding.
Board Member
				  Responsibilities
The following list of responsibilities is necessary for the
				  success of the entity, however, it is not all inclusive of what is expected of
				  a board member:
Fully participate in the development, planning,
				  implementation, and evaluation of the entity's programs.
Plan and participate in the entity's fund-raising
				  events.
Develop entity mission statement and ensure activities and
				  programs support it.
Develop entity strategic plan and receive periodic reports
				  regarding the progress of it.
Establish policy for the entity.
Supervise and evaluate one employee, the entity's executive
				  director.
Attend and participate in all scheduled board
				  meetings.
Empower the entity by working with the community and being an
				  ambassador for the entity and its programs.
Participate in scheduled trainings and entity events.
Board Committees
Entities are required to appoint at least five (5) standing
				  committees: (1) Executive; (2) Planning and Evaluation; (3) Finance; (4)
				  Personnel and; (5) Human Rights Committees. The entity may change the
				  description of the activities of the standing committees as needed to conform
				  to the diverse dynamics of the entity.
* The Executive Committee is responsible for the general
				  conduct of the board's business on a day-to-day basis. The major functions of
				  this committee are: to act upon matters in a timely manner; establish standing
				  and subcommittees, and assign members to each; review the major administrative
				  policies and recommend modifications to the full Board; secure adequate legal
				  counsel for the entity; and to evaluate the entity's executive director.
* The Planning and Evaluation Committee is responsible for
				  the development of the strategic plan and the evaluation of the entity's
				  performance on meeting the goals in the strategic plan. The duties of this
				  committee include: ensure the community strengths and needs assessment is
				  completed; review and approve programs to be operated by the entity; develop
				  internal reporting standards for programs; recommend funding of specific
				  programs to the full board; evaluate each program or project on a timely basis;
				  and coordinate efforts of the public and private sectors and other committees
				  to meet the needs of the families served.
* The Finance Committee oversees the fiscal functions of the
				  agency. This committee reviews budget proposals prepared by the entity staff;
				  reviews financial reports on a monthly basis; ensures an adequate fiscal
				  management system is in place; assists in securing additional sources of
				  funding; and review and make recommendations to the full Board on all fiscal
				  matters.
* The Personnel Committee is responsible for overseeing
				  personnel functions and certain administrative functions of the entity. The
				  duties of this committee include the review of personnel policies; promotions;
				  salary ranges; hiring of employees recommended by the Executive Director;
				  assist in the selection process when employing an Executive Director; and
				  promote staff and career development programs for entity staff.
* The Human Rights Committee acts on matters regarding the
				  rights of employees. Listening, hearing, fact-finding and providing objective
				  judgements are the core functions of this committee. Other functions include
				  ensuring protection of the entity and the rights of employees as established in
				  the agency's Equal Opportunity Plan and recommending approval or denial of it
				  to the Board; hearing equal opportunity complaints and recommending possible
				  solutions to the Board; and ensuring due process prior to the termination of an
				  employee.
Entities may appoint as many committees as needed to carry
				  out the responsibilities of the board effectively. Committee membership should
				  reflect the composition of the Board, i.e. a committee should be comprised of
				  members from different sectors, counties, etc. Committees should divide the
				  workload of the board, develop and promote the expertise of members, and permit
				  decision-making between meetings. Entities should have a board development plan
				  to ensure quality membership selection.
Voting by proxy is not permitted at board or committee
				  meetings.
Removal of Board Members and
				  Officers
Entities must develop removal provisions in its bylaws,
				  consistent with state nonprofit corporation law, which specifies special notice
				  and other procedural requirements for removal. The board may remove any
				  director or officer for cause, including but not limited to: false
				  certifications on the application, unexcused absences for a certain number of
				  consecutive board meetings, failure to comply with the entity's conflict of
				  interest policy, taking actions not in the best interest of the entity,
				  incapacity, inappropriate conduct, or instances of waste, fraud, or
				  abuse.
By-Laws
				  Requirements
Board by-laws shall list the total number of seats on the
				  board per sector. They must include procedures for the selection of new board
				  members in case of a vacancy for any reason. All vacancies shall be filled
				  within 60 calendar days. The democratic selection procedure for the low-income
				  sector must be described in detail.
Board by-laws must describe any performance standards (such
				  as attendance, etc.). These standards must include a standard of conduct which
				  specify expectations and conditions under which board members may be sanctioned
				  or removed.
Board by-laws must describe quorum requirements, which shall
				  be at least 50 percent plus one of the seats on the board.
Board by-laws must describe meeting requirements. Board
				  meetings are subject to the State Open Meetings Act. The board shall meet
				  monthly. Board meetings must be scheduled for the convenience of its members
				  and the general public. Eligible entities shall provide notice in writing of
				  any board meetings and agenda to all members at least 5 calendar days in
				  advance. Electronic notices are acceptable, is members receiving the notices
				  have agreed to accept this form of notification. Meeting notices and agendas
				  shall be made available to the general public and MDHS/DCS at the time they are
				  submitted to the board members.
Board Minutes
The board shall conduct meetings and keep written minutes in
				  accordance with Robert's Rule of Order. Board minutes shall be made available
				  to the public upon request. Minutes shall also be made available upon request
				  in a translation of the appropriate language where a significant portion of the
				  low-income population does not speak English.
Copies of the minutes of each meeting shall be submitted to
				  MDHS/DCS no later than 10 calendar days after the date of the meeting in which
				  the minutes were ratified. If the meeting did not have a quorum, the minutes
				  shall be submitted within 3 calendar days of the meeting.
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