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(e) Delegate agency means an agency (a) Any application of the agency to which the development, conduct, or submitted to and currently pending administration of all or part of a with OEO for assistance under the Ecoproject assisted under title I-B, title I nomic Opportunity Act; D, title II, or title III-B of the Eco- (b) Copies of all those written statenomic Opportunity Act has been dele ments and affidavits which are filed gated by the direct recipient of the as- with the agency pursuant to the resistance.

quirements of g 1070.2–5; (1) Economic Opportunity Act means (c) Any proposal received by the the Economic Opportunity Act of 1964 agency and currently pending before it together with amendments. Citation to for inclusion of a certain project in an any section includes the corresponding application to OEO; section of the Act prior to the 1967 (d) Any proposal approved by the Amendments.

agency for inclusion in an application (8) OEO, unless otherwise indicated for assistance under the Economic Opin this subpart, refers to the appro portunity Act but not yet submitted to priate Regional or Headquarters Office OEO; however, this requirement shall with responsibility for approving the not apply to proposals for research or particular grant or contract.

demonstration projects in situations

where the agency believes disclosure 8 1070.1-3 Requirements for inspection will jeopardize its proprietary interests and examination.

in the proposal; (a) Every Community Action Agency (e) All books of account maintained and every applicant agency which cur- by the agency with respect to its develrently seeks recognition by OEO as a opment, conduct, or administration or Community Action Agency shall make any program or project assisted by available to any person for inspection OEO; and examination all of those docu- (1) All contracts made in connection ments described in 1070.1-4, but this with the administration of any proshall not apply if the Community Ac gram or project assisted by OEO, intion Agency or applicant agency is a cluding contracts for conduct and adState, a political subdivision of a ministration of program accounts, conState, or a combination of such politi tracts for consultant services, and concal subdivisions.

tracts for the purchase of goods and (b) Any State, political subdivision of services, as well as all purchase of a State, or combination of such politi goods and services, as well as all purcal subdivisions that is or seeks to be- chase orders, invoices, and other docucome a Community Action Agency, ments evidencing the expenditure of any delegate agency, and all other project funds; agencies (other than Community AC- (g) With respect to any assistance tion Agencies) that are recipients of di- which has been received by the agency rect assistance under title I-B, title I- from OEO under title I-B, title I-D, D, title II, or title III-B of the Eco- title II, or title III-B of the Economic nomic Opportunity Act shall make Opportunity Act, the application for available to any person for inspection such assistance, the statement of grant and examination those documents de or similar document indicating apscribed in paragraphs (a) to (i) of proval of the application and extension $ 1070.14 and the records described in of assistance by OEO, and all docuparagraphs (j) through (n) which per- ments accompanying such a statement tain to activities assisted by OEO. of grant or similar document, or au

thorizing changes in the grant as origi$ 1070.1-4 Classes of public informa

nally approved; tion.

(h) All report forms submitted by the The following are the books and agency to OEO with respect to the derecords and other classes of public in- velopment, conduct, or administration formation which an agency shall make of any program assisted by OEO, with available for public inspection and ex the exception that this paragraph shall amination to the extent required by not apply to reports of data about iden81070.1-3:

tifiable persons who are clients of legal services programs or who are bene processes of the agency, the agency ficiaries of any other programs;

should permit examination and inspec(i) Articles of incorporation and by tion of all such documents requested laws of any private agency or any offi by any person. The enumeration of cial acts governing the creation and books and records and other classes of operation of a public agency, and any

public information to be made availsimilar documents which provide the able under $1070.1-4 should not be conbasic authority of the agency or the sidered exhaustive. basic rules of its governance;

(j) Lists of names of all current and 81070.1-6 Conditions of public inspecpast employees of the agency together tion and examination. with their job descriptions and their

(a) In any case in which books and rate of compensation, but Neighborhood Youth Corps enrollees are not

records or other documents are reconsidered employees for purposes of

quired by this subpart to be made this subsection nor are other persons

available for public inspection and exreceiving payments in the form of sti

amination, they shall be made availpends or otherwise who are intended as

able at the principal office of the disthe principal and direct beneficiaries of

closing agency at which business relata program.

ed to assistance received under the (k) Statements or records of all ac

Economic Opportunity Act is transtions taken (as distinguished from re acted. ports of discussion) at all meetings of (b) They shall be available during the principal representative board, the regular business hours on each regular Board of Directors, Executive Commit- workday (Monday through Friday of tee, and other boards which have the each week, official local holidays expower to make decisions on behalf of cepted). In the case of documents being the agency or to advise the agency on used for official purposes at the time policy;

requested for inspection and examina(1) Lists of the names and addresses tion is made, the documents shall be of all current and past members of the made available no later than five busiagency, and of its boards, councils, and

ness days after the receipt of each recommittees that have or have had pol

quest. The requirements for public inicy making or policy advisory respon

spection may be satisfied by making sibility for the program;

available for such inspection either the (m) Current and past budgets of the

original or a copy which is both legible agency, and reports of completed au

and capable of being legibly dits of the accounts of the agency re

photocopied. Facsimile copies should quired by section 243 of the Economic

also be furnished to any person upon Opportunity Act and made by a cer

request. If the agency uses its own retified public accountant, a duly licensed public accountant, or, in the

production equipment, it may charge a

fee of 10 cents or less for each page. If case of a public agency, the appropriate public financial officer.

other equipment is used, the fee shall (n) Current and past city, State, and

not exceed the actual cost of the servFederal tax returns filed by the agen

ice to the agency. cy.

(c) In any case in which an agency

concludes that notwithstanding the $ 1070.1-5 Additional information. provisions of this subpart a document

Any agency which is assisted by OEO. should not be made public, the agency or which is seeking such assistance,

shall immediately request the approval should make documents relating to of OEO in writing, giving a description such assistance available to the maxi of the document and a full explanation mum extent possible. Except in cases of the justification for the agency's where disclosure of such documents conclusion that the document is not of would involve an invasion of privacy, a public nature. OEO will in such cases would impose an undue administrative make a prompt determination as to burden on the agency, or would inter- whether the document should be made fere with the internal decision making public.

Subpart 1070.2-Grantee Public

Meetings and Hearings (CSA
Instruction 7042-1)

AUTHORITY: Secs. 213, 602, 81 Stat. 695, 78 Stat. 530; 42 U.S.C. 2796, 2942.

SOURCE: 34 FR 7376, May 7, 1969, unless otherwise noted.

8 1070.2–1 Applicability of this subpart.

This subpart applies to all agencies and organizations covered by $1070.1-1. 8 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 81070.1-2.

(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)(6) and (c) of this chapter (Subpart-Participation of the Poor in the Planning. Conduct, and Evaluation of Community Action Programs).

81070.2-3. 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 threefourths 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

O

meetings. Notice of such board decision hood or area in which the agency runs must be sent within 30 days to OEO. or is preparing to run a program under

(b) The public hearing requirements the Economic Opportunity Act, of this section are in addition to the re (4) To each person who has submitted quirements of CA Memo 80, Part C(4) a written request for copies of such nofor public meetings prior to designa- tices, tion of a community action agency and (5) To the State Economic OpporPart I of OEO Instruction 6710-1 for tunity Office for the State in which the open board meetings are part of the agency is located, grant preview process.

(6) To OEO, (34 FR 7375, May 7, 1969, as amended at 34 FR

(7) To every member of the principal 8919, June 4, 1969)

representative board of the agency, and

(8) To the chief elected officials in 81070.2-4 Time, place, and notice of the community served or proposed to public meetings.

be served and other appropriate public All public meetings required under

officials. paragraphs (a) and (b) of $1070.2-3 shall However, agencies which serve an area be held at a time and place convenient larger than a single county shall conto the public. Public notice of each sult OEO concerning the place or meeting shall state the time and place places where meetings shall be held at which the meeting shall be held and and what notice shall be required. Prothe agenda for the meeting, and shall cedures approved by OEO shall, to the be given not less than 10 days before extent specified by OEO, satisfy the rethe day of the meeting. Notice of a quirements of this section. meeting shall be given by:

(a) Publishing a formal notice as a $1070.2–5 Conduct of the public meetlegal notice in at least one newspaper

ings. generally circulated within the com (a) Each meeting shall be held before munity served or proposed to be served the principal representative board. It by the agency; and

shall be held at the time and place set (b) Posting a formal notice in a forth in the notice of meeting. In the prominent place at the principal office event the meeting cannot be completed of the agency, at the county court- on that date, it may be continued from house, at the city hall of each major day-to-day or adjourned to a later day city within the area, at each other without notice other than the anplace where official notices are regu nouncement of the place, day, and time larly posted, and at such appropriate by the presiding officer, and the postother places within the community ing of that information on the door of served or proposed to be served as may the originally publicized meeting place be designated by the representatives of for the benefit of late arrivals. the poor on the principal representa (b) Each meeting shall be open to all tive board; and

members of the public. Every person (c) Forwarding a formal notice of the expressing a desire to speak shall be meeting:

heard, although the presiding officer (1) To every newspaper with a daily may establish reasonable limits on the or weekly circulation of more than length of the statement of any one per5,000 copies within the community son. Should the presiding officer deterserved by the agency, or if there is no mine that the opportunity to be heard newspaper having circulation of that is being utilized for purposes of delay, size then to every newspaper with a he may exclude statements essentially daily or weekly circulation of more repetitious of statements already than 2,500 copies in such community, heard.

(2) To every radio and television sta- (c) Although meetings may be contion which regularly broadcasts local ducted in an informal manner, minutes news or announcements of meetings in shall be kept which fairly and accuthe community served, or proposed to rately reflect the business of the meetbe served,

ing, and the basic sides of any disputed (3) To any community newspaper or questions or issues which arise. Writjournal primarily serving a neighbor- ten statements and affidavits shall be accepted for the record of the meeting. tivity, which govern CSA funded proSuch statement and affidavits should grams. preferably be submitted in triplicate, (3) CAA principal representative but shall be accepted even if offered in boards and boards of CDC's and limited a single copy or in duplicate. Such purpose agencies have the ultimate restatements shall be made public at the sponsibility of insuring that the conoffice of the agency.

tent of all grantee publications coming

under their jurisdiction reflect the Subpart 1070.4-Grantee Involve policies and opinions of the local pro

ment in the News Media (CSA gram and are in accord with CSA polInstruction 7044-1a)

icy. To accomplish this, the board may

elect to delegate the review function to AUTHORITY: Sec. 602, 78 Stat. 530 (42 U.S.C. the Executive Director. In all cases, 2942).

publications must be reviewed prior to SOURCE: 41 FR 6256, Feb. 12, 1976, unless

printing to assure compliance with this otherwise noted.

policy and the sanction of the board.

Arrangements should be made by the 8 1070.4-1. Applicability.

grantee with each of its delegate agenThis subpart applies to all programs

cies, neighborhood councils, and any financially assisted under titles II and

other group it funds who may be pub VII of the Community Services Act if

lishing a newsletter or house organ to such assistance is administered by the

expedite this review process in a manCommunity Services Administration.

ner consistent with timely publication

and program responsiveness. Project 8 1070.4-2 Policy.

funds will not be spent for newsletters (a) Publishing a Newsletter or House unless a review procedure has been esOrgan. CSA does not provide funds for

tablished in accordance with this Inthe publication of newspapers. How

struction. ever, grantees are encouraged to pub

(b) Use of Advertising Time and Space lish newsletters or house organs which as Non-Federal Share. CSA does not assist local anti-poverty efforts. These

credit as an in-kind contribution for a publications are generally financed

grantee's non-Federal share requireunder the administrative budget of the

ment any news coverage, editorial local agency.

comment, advertising or public service (1) CSA makes the following distinc time or space in any communications tions between newspapers and news

media such as radio, television, magaletters:

zines, wire services and news services. (i) A newspaper attempts to meet a This policy does not, however, prohibit population's general information need, a grantee from using Federal or nonwhile the grantee newsletter has a spe Federal funds for publishing or advercific information objective and a lim tising program activities when the ited audience. A newsletter attempts grantee can show that the expense is to bridge the communication gap often the best way of achieving a legitimate existing between a grantee and the peo- program purpose. This is an allowable ple it serves by raising the level of in expenditure although not an allowable formation about the nature, goals, and in-kind contribution for a grantee's resources of local anti-Poverty efforts. non-Federal share requirement. This

(ii) Newspapers are sold for profit, policy also does not prohibit a grantee and they attempt to solicit commercial from accepting public service time or advertising. A grantee newsletter is notices in the mass media, as long as not sold, nor is commercial advertising such activities are not treated as insolicited or accepted for it.

kind, non-Federal share contributions. (2) Newsletters are under local control as are all other grantee activities.

8 1070.43 Procedures. Consequently, they reflect the policies In cases where the practices of a and opinions of the local grantee. grantee conflict with this policy stateNewsletters are also subject to the ment, such as with newsletters which same laws and regulations, such as may be soliciting advertising, CSA will those restricting partisan political ac- help the grantee determine a reason

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