zations which waive their exemption from FICA tax must report the wages of all employees who earn $50 or more for a calendar quarter to the appropriate District Director of Internal Revenue. Information concerning the withholding and payment of social security contributions can be obtained from the Internal Revenue Service.

§ 1069.26-6 State and local government agency as employer.

Whether an employee of a State or local governmental (i.e., public) agency is covered by social security depends upon the terms of the voluntary agreement between the State and Federal Government. Coverage may already have been provided for employees of the entity under the State's agreement, or if not, it may be possible to provide coverage. Each such agency should contact the appropriate State Social Security Administrator for information concerning coverage of its employees, and the withholding and payment of social security contributions. Where employees of such public agencies are covered, their wages are reported on forms provided by, and filed with, the State Social Security Administrator.

§ 1069.26-7 Indian Tribal Council or similar tribal organization as employer. Although such organizations are considered public agencies under Title II of the Economic Opportunity Act, they normally are classified as private agencies under the Social Security Act and the Internal Revenue Code. Employment in all such organizations is mandatorily covered by the Social Security Act and the organization is subject to FICA tax. Wages of all employees must be reported to the appropriate District Director of Internal Revenue.

Subpart 1069.28-Prohibition Against Acceptance of Gifts and Gratuities (CSA Instruction 6909–1)

AUTHORITY: Sec. 602, 78 Stat. 530, 42 U.S.C. 2942.

SOURCE: 44 FR 56584, Oct. 1, 1979, unless otherwise noted.

(a) Employees of all grantees, delegate agencies, members of employee's immediate family, and members of any board or policy-making body of such agencies, are prohibited from accepting gifts, money and gratuities:

(1) From persons receiving benefits or services under any program financially assisted by the Community Services Administration.

(2) From any person or agency performing services under contract.

(3) From persons who are otherwise in a position to benefit from the actions of any employee or board member.

(b) Grantees and delegate agencies shall include the above prohibition in their published personnel policies or publish written instructions to supplement their personnel policies, and establish effective procedures to enforce the prohibition.

PART 1070-GRANTEE PUBLIC AFFAIRS

Subpart 1070.1-Public Access to Grantee Information (CSA Instruction 7041-1)

Sec.

1070.1-1 Applicability of this subpart. 1070.1-2 Definitions.

1070.1-3 Requirements for inspection and

examination.

1070.1-4 Classes of public information.

comments made by the audited agency in response to the audit report. The audit becomes "completed" 30 days after receipt by the audited agency.

(e) "Delegate agency" means an agency to which the development, conduct, or administration of all or part of a project assisted under title I-B, title I-D, title II, or title III-B of the Economic Opportunity Act has been delegated by the direct recipient of the assistance.

(f) "Economic Opportunity Act" means the Economic Opportunity Act of 1964 together with amendments. Citation to any section includes the corresponding section of the Act prior to the 1967 Amendments.

(g) "OEO," unless otherwise indicated in this subpart, refers to the appropriate Regional or Headquarters Office with responsibility for approving the particular grant or contract.

§ 1070.1-3 Requirements for inspection and examination.

(a) Every Community Action Agency and every applicant agency which currently seeks recognition by OEO as a Community Action Agency shall make available to any person for inspection and examination all of those documents described in § 1070.1-4, but this shall not apply if the Community Action Agency or applicant agency is a State, a political subdivision of a State, or a combination of such political subdivisions.

(b) Any State, political subdivision of a State, or combination of such political subdivisions that is or seeks to become a Community Action Agency, any delegate agency, and all other agencies (other than Community Action Agencies) that are recipients of direct assistance under title I-B, title I-D, title II, or title III-B of the Economic Opportunity Act shall make available to any person for inspection and examination those documents described in paragraphs (a) to (i) of § 1070.1-4 and the records described in paragraphs (j) through (n) which pertain to activities assisted by OEO.

§ 1070.1-4 Classes of public information.

The following are the books and records and other classes of public in

formation which an agency shall make available for public inspection and examination to the extent required by § 1070.1-3:

(a) Any application of the agency submitted to and currently pending with OEO for assistance under the Economic Opportunity Act;

(b) Copies of all those written statements and affidavits which are filed with the agency pursuant to the requirements of § 1070.2-5;

(c) Any proposal received by the agency and currently pending before it for inclusion of a certain project in an application to OEO;

(d) Any proposal approved by the agency for inclusion in an application for assistance under the Economic Opportunity Act but not yet submitted to OEO; however, this requirement shall not apply to proposals for research or demonstration projects in situations where the agency believes disclosure will jeopardize its proprietary interests in the proposal;

(e) All books of account maintained by the agency with respect to its development, conduct, or administration or any program or project assisted by OEO;

(f) All contracts made in connection with the administration of any program or project assisted by OEO, including contracts for conduct and administration of program accounts, contracts for consultant services, and contracts for the purchase of goods and services, as well as all purchase of goods and services, as well as all purchase orders, invoices, and other documents evidencing the expenditure of project funds;

of

(g) With respect to any assistance which has been received by the agency from OEO under title I-B, title I-D, title II, or title III-B of the Economic Opportunity Act, the application for such assistance, the statement grant or similar document indicating approval of the application and extension of assistance by OEO, and all documents accompanying such a statement of grant or similar document, or authorizing changes in the grant as originally approved;

(h) All report forms submitted by the agency to OEO with respect to the development, conduct, or administra

tion of any program assisted by OEO, with the exception that this paragraph shall not apply to reports of data about identifiable persons who are clients of legal services programs or who are beneficiaries of any other programs;

(i) Articles of incorporation and bylaws of any private agency or any official acts governing the creation and operation of a public agency, and any similar documents which provide the basic authority of the agency or the basic rules of its governance;

(j) Lists of names of all current and past employees of the agency together with their job descriptions and their rate of compensation, but Neighborhood Youth Corps enrollees are not considered employees for purposes of this subsection nor are other persons receiving payments in the form of stipends or otherwise who are intended as the principal and direct beneficiaries of a program.

(k) Statements or records of all actions taken (as distinguished from reports of discussion) at all meetings of the principal representative board, the Board of Directors, Executive Committee, and other boards which have the power to make decisions on behalf of the agency or to advise the agency on policy;

(1) Lists of the names and addresses of all current and past members of the agency, and of its boards, councils, and committees that have or have had policy making or policy advisory responsibility for the program;

(m) Current and past budgets of the agency, and reports of completed audits of the accounts of the agency required by section 243 of the Economic Opportunity Act and made by a certified public accountant, a duly licensed public accountant, or, in the case of a public agency, the appropriate public financial officer.

(n) Current and past city, State, and Federal tax returns filed by the agency.

maximum extent possible. Except in cases where disclosure of such documents would involve an invasion of privacy, would impose an undue administrative burden on the agency, or would interfere with the internal decision making processes of the agency, the agency should permit examination and inspection of all such documents requested by any person. The enumeration of books and records and other classes of public information to be made available under § 1070.1-4 should not be considered exhaustive.

§ 1070.1-6 Conditions of public inspection and examination.

(a) In any case in which books and records or other documents are required by this subpart to be made available for public inspection and examination, they shall be made available at the principal office of the disclosing agency at which business related to assistance received under the Economic Opportunity Act is transacted.

(b) They shall be available during regular business hours on each regular workday (Monday through Friday of each week, official local holidays excepted). In the case of documents being used for official purposes at the time requested for inspection and examination is made, the documents shall be made available no later than five business days after the receipt of each request. The requirements for public inspection may be satisfied by making available for such inspection either the original or a copy which is both legible and capable of being legibly photocopied. Facsimile copies should also be furnished to any person upon request. If the agency uses its own reproduction equipment, it may charge a fee of 10 cents or less for each page. If other equipment is used, the fee shall not exceed the actual cost of the service to the agency.

(c) In any case in which an agency concludes that notwithstanding the provisions of this subpart a document should not be made public, the agency shall immediately request the approval of OEO in writing, giving a description of the document and a full explanation of the justification for the agency's conclusion that the document

§ 1070.2-2 Definitions.

As used in this subpart

(a) The terms “Community Action Agency," "delegate agency,” “Economic Opportunity Act," and "OEO” have the same meaning as set forth in § 1070.1-2.

(b) "Community served" means the most expansive geographic area in which the grantee is authorized to conduct programs or provide benefits under the terms of its grant from OEO.

(c) "Community proposed to be served" means a city, county, multicity, or multicounty unit, an Indian Reservation or a neighborhood or other area (irrespective of boundaries or political subdivisions) which provides a suitable organizational base and possesses the commonality of interest needed for a community action program.

(d) "Designation" means the selection of a proposed Community Action Agency by a State, a political subdivision (including the Tribal Government of an Indian Reservation) or a combination of political subdivisions in accordance with regulations issued under section 210 of the Economic Opportunity Act.

(e) "Principal Representative Board" in the case of Community Action Agencies refers to that body which is designed to meet the composition requirements of section 211(b) of the Economic Opportunity Act. In the case of all other agencies, "Principal

Representative Board" refers to the agency's "governing body" or "advisory board or committee" which meets the requirements of § 1060.1-2 (b)(5) and (c) of this chapter (Subpart--Participation of the Poor in the Planning, Conduct, and Evaluation of Community Action Programs).

§ 1070.2-3 Public meetings after grant of assistance.

(a) This subpart implements the requirement for public meetings in sections 213(a) and 213(b) of the Economic Opportunity Act. This requirement is applicable throughout the period of assistance to any agency which has received financial assistance under section 123, section 151, section 221, section 222(a), or section 312 of the Economic Opportunity Act. In the case of a Community Action Agency which is not a State, a political subdivision of the State, or a combination of subdivisions, this subpart applies to all activities of that agency. For all other Community Action Agencies, delegate agencies, and other agencies financially assisted under these sections, this subpart applies only to matters which pertain to activities assisted under these sections. An agency may satisfy this requirement for public meetings either by holding regular meetings as specified in paragraph (a)(1) of this section or by holding special meetings as specified in paragraph (a)(2) of this section.

(1) The agency may establish a procedure whereby regularly scheduled meetings of the principal representative board will be held not less often than one meeting every 10 weeks for the purpose of discussing past, present, or future policies or programs of the agency; and persons who are not members of the board may attend and will be offered a reasonable opportunity to be heard whether or not on the agenda.

(2) Any such agency shall hold a public meeting in response to a written request for such a meeting by any person or group. The meeting shall be held within 30 days of the receipt of the request by the agency. A request for a meeting shall include a statement of the basic issue or issues which the requesting party particularly

wishes considered at the meeting. A request may be denied if, by a vote of at least three-fourths of the members of the principal representative board of the agency who are present at a lawful meeting, the board determines either that the request raises only frivolous issues or that the proposed meeting would merely be repetitive of previous public meetings. Notice of such board decision must be sent within 30 days to OEO.

(b) The public hearing requirements of this section are in addition to the requirements of CA Memo 80, Part C(4) for public meetings prior to designation of a community action agency and Part I of OEO Instruction 6710-1 for open board meetings are part of the grant preview process.

[34 FR 7375, May 7, 1969, as amended at 34 FR 8919, June 4, 1969]

§ 1070.2-4 Time, place, and notice of public meetings.

All public meetings required under paragraphs (a) and (b) of § 1070.2-3 shall be held at a time and place convenient to the public. Public notice of each meeting shall state the time and place at which the meeting shall be held and the agenda for the meeting, and shall be given not less than 10 days before the day of the meeting. Notice of a meeting shall be given by:

(a) Publishing a formal notice as a legal notice in at least one newspaper generally circulated within the community served or proposed to be served by the agency; and

(b) Posting a formal notice in a prominent place at the principal office of the agency, at the county courthouse, at the city hall of each major city within the area, at each other place where official notices are regularly posted, and at such appropriate other places within the community served or proposed to be served as may be designated by the representatives of the poor on the principal representative board; and

(c) Forwarding a formal notice of the meeting:

(1) To every newspaper with a daily or weekly circulation of more than 5,000 copies within the community served by the agency, or if there is no