2005 California Government Code Sections 12750-12763 Article 6. Community Action Programs

12750.  (a) A community action agency shall be a public or private
nonprofit agency which fulfills all of the following requirements:
   (1) Has been designated by a political subdivision or combination
of political subdivisions to operate a community action program.
   (2) Has a tripartite board structure meeting the requirements of
Section 12751.
   (3) Has the power, authority, and capability to plan, conduct,
administer, and evaluate a community action program, including the
power to enter into contracts with other public and private nonprofit
agencies and organizations to assist in fulfilling the purposes of
this chapter.
   (4) Is recognized by the department as a community action agency.
   (b) A community action program is a locally planned and operated
program comprising a range of services and activities having a
measurable and potentially major impact on causes of poverty in the
community or those areas of the community where poverty is a
particularly acute problem.
   (c) Component services and activities of a community action
program may be administered directly by the community action agency,
or by other agencies pursuant to delegation agreements.  They may be
projects eligible for assistance under this chapter, or projects
assisted from other public or private sources, and they may be either
specially designed to meet local needs, or designed pursuant to the
eligibility standards of the state or federal program providing
assistance to a particular kind of activity which will help in
meeting those needs.
   (d) For the purpose of this chapter, a community may be a city,
county, multicity or multicounty unit, which provides a suitable
organizational base and possesses the commonality of interest needed
for a community action program.
12750.1.  (a) No new community action agency may be designated by a
political subdivision which is served by an existing community action
agency unless any of the following exist:
   (1) The political subdivision is informed in writing by the
director that the designated community action agency has failed to
comply, after having a reasonable opportunity to do so, with the
requirements of this chapter.
   (2) The political subdivision is informed by its designated
community action agency that because of changes in assistance
furnished to programs to economically disadvantaged persons it can no
longer operate a satisfactory community action program.
   (3) The political subdivision is petitioned by significant numbers
of eligible beneficiaries to reconsider its existing designation
and, based on that reconsideration, determines to designate an
alternate community action agency.
   (b) In the event that the designation of an existing community
action agency is revoked, the political subdivision shall have a
period of 90 days after the effective date of the revocation to
designate a new community action agency.  If the political
subdivision fails to designate a new community action agency within
that period, the director may designate a new community action
agency.
   (c) New community action agency designations may be made by
political subdivisions or combinations of political subdivisions in
uncapped areas provided that the community to be served has a
population of at least 50,000 as determined by the Bureau of Census
from the most recent available census or survey.  The director may
waive the general requirement that the community to be served have a
population of at least 50,000 in those instances where no practical
grouping of contiguous political subdivisions can be made in order to
meet that requirement.
   (d) A private nonprofit agency which serves an uncapped political
subdivision or combination of political subdivisions having more than
50,000 population where the political subdivision or subdivisions
have refused to designate a community action agency, shall be
entitled to petition the office for state designation as a community
action agency, provided it has a governing board meeting community
action agency requirements and has the capability to plan, conduct,
administer, and evaluate a community action program.
   (e) The process for designation and recognition of a new or
alternate community action agency shall include all of the following:
   (1) Notice of intent to designate.
   (2) Public hearings.
   (3) Legislative passage of an act, ordinance, or resolution of
designation by the governing officials of the political subdivision
or subdivisions.
   (4) Submission to the department of an application for
recognition.
   (5) Review of application.
   (6) Granting of recognition.
12750.2.  For purposes of serving any area of the state in which
community action programs cease to be provided, the director shall
designate an organization in accordance with Section 673(1) of Public
Law 97-35, as amended.
12751.  Each community action agency shall have a board of directors
conforming to the following requirements:
   (a) One-third of the members of the board are elected public
officials, currently holding office, or their representatives, except
that if the number of elected officials reasonably available and
willing to serve is less than one-third of the membership of the
board, membership on the board of appointive public officials may be
counted in meeting this requirement.
   (b) At least one-third of the members are persons chosen in
accordance with democratic selection procedures outlined in
regulations promulgated by the department to assure that the members
represent the poor in the area served.
   (c) The remainder of the members are officials or members of
business, industry, labor, religious, welfare, education, or other
major groups and interests in the community.
12752.  The powers of the tripartite governing board of the
nonprofit community action agency shall include the power to appoint
the executive director, to determine major personnel, fiscal, and
program policies, to approve overall program plans and priorities,
and to assure compliance with conditions of and approve proposals for
financial assistance under this chapter.
12752.1.  (a) If a political subdivision or local government
establishes itself as a community action agency, it shall do all of
the following:
   (1) Establish a tripartite board to provide input to the political
subdivision or local government regarding the activities of the
community action agency.
   (2) Share with its tripartite board the determination of the
community action agency's program plans and priorities.
   (3) Provide for the participation of the administering board in
the selection of the executive director of the community action
agency, unless prohibited by local law, city charter, or civil
service procedure.
   (b) The political subdivision or local government may, consistent
with general and local law, delegate any or all of the following
powers to the administering board:
   (1) To determine its own rules and procedures and to select its
own officers and executive committee.
   (2) To determine, subject to the ratification of designating
officials, the community action agency's major personnel,
organizational, fiscal, and program policies.
   (3) To approve, subject to the ratification of designating
officials, all program proposals, budgets and delegate agency
agreements.
   (4) To oversee the extent and the quality of the participation of
the poor in the programs of the community action agency.
12753.  (a) The board of directors of each community action agency
shall adopt procedures to provide a continuing and effective
mechanism for securing broad community involvement in programs
assisted under this act and that all groups or elements represented
on those boards have a full and fair opportunity to participate in
decisions affecting those programs.
   (b) Community action agencies shall establish procedures under
which community agencies and representative groups of the poor which
feel themselves inadequately represented on the community
administering board or governing board may petition for adequate
representation.
12754.  In exercising its powers and carrying out its overall
responsibility for a community action program, a community action
agency shall have, subject to the purposes of this chapter, at least
the following functions:
   (a) Planning systematically for and evaluating the program,
including actions to develop information as to the problems and
causes of poverty in the community, determine how much and how
effectively assistance is being provided to deal with those problems
and causes, and establish priorities among projects, activities, and
areas as need for the best and most efficient use of resources.
   (b) Encouraging agencies engaged in activities related to the
community action program to plan for, secure, and administer
assistance available under this chapter or from other sources on a
common or cooperative basis; providing planning or technical
assistance to those agencies; and generally, in cooperation with
community agencies and officials, undertaking actions to improve
existing efforts  to overcome poverty.
   (c) Initiating and sponsoring projects responsive to needs of the
poor which are not otherwise being met.
   (d) Establishing effective procedures by which the poor and area
residents concerned will be enabled to influence the character of
programs affecting their interests, providing for their regular
participation in the implementation of those programs, and providing
technical and other support needed to enable the poor and
neighborhood groups to secure on their own behalf available
assistance from public and private sources.
   (e) Joining with and encouraging business, labor, and other
private groups and organizations to undertake, together with public
officials and agencies, activities, in support of the community
action program which will result in the additional use of private
resources and capabilities, with a view to such things as developing
new employment opportunities, stimulating investment that will have a
measurable impact in reducing poverty among residents of areas of
concentrated poverty, and providing methods by which residents of
those areas can work with private groups, firms, and institutions in
seeking solutions to problems of common concern.
12756.  Every community action agency has a fundamental
responsibility to encourage, assist, and strengthen the ability of
the poor in the areas served by the community action agency to play
major roles in the organization; program planning; goal setting;
determination of priorities; decisions concerning budgeting and
financial management; key decisions concerning hiring of personnel,
selection criteria, personnel policies, and career development
programs; and evaluation of programs affecting their lives.  The
fundamental responsibility of the community action agency includes:
   (a) Seeking and bringing about ways to improve its own
effectiveness as a channel through which the poor, local government
and private groups can communicate, plan and act together in
partnership.  In such a partnership, the poor shall have a strong
voice or role, both directly and through representatives whom they
have chosen.
   (b) Providing the representatives of the poor serving on the board
of directors of the community action agency with the tools and the
support, including guidance, training, and staff assistance, which
will permit them to participate meaningfully in the affairs of the
community action agency, and in all of its programs and delegate
agencies.
   (c) Encouraging the development of effective local organizations
established and controlled by residents of poverty neighborhoods and
areas.  Community action agencies are expected to provide training,
technical assistance, and staff resources to enable the poor to
develop, administer, and participate effectively in local area
programs and to enter into the broader community discussion of
poverty problems and solutions.
   (d) Providing employment for poor persons in all phases of the
community action program.
   (e) Continually ensuring that delegate agencies involve poor
persons in the planning, conduct, and evaluation of delegated
programs.
   (f) Working for the acceptance by other public and private
agencies and organizations serving the community of effective and
growing involvement of the poor in the planning, conduct and
evaluation of all activities which affect them and their inclusion in
career jobs in the agencies.
12757.  Where a community action agency places responsibility for
major policy determinations with respect to the character, funding,
extent, and administration of and budgeting for programs to be
carried on in a particular geographic area within the community in a
subsidiary board, council, or similar agency, such board, council, or
agency shall be broadly representative of the area and shall assure
adequate opportunity for membership of elected public officials on
such board, council, or agency.
12759.  (a) The director shall reserve an amount of funds that bears
the same relationship to the total funds available for community
action programs as the number of persons living in households at or
below the poverty level in uncapped areas of the state bears to the
total number of those persons living in the state, as reported in the
most recent available census.
   (b) (1) Each community action agency that qualified or could have
qualified for the minimum funding guideline under former Community
Services Administration policies shall receive a minimum level of
funding to ensure that it will be capable of operating a community
action program.
   (2) Beginning with the 2003 federal Community Services Block Grant
award to California, the minimum level of funding required by
paragraph (1) shall equal fifty-five hundredths of 1 percent of the
state community action agency network allocation.
   (3) Beginning with the 2004 federal Community Services Block Grant
award to California, the minimum level of funding required by
paragraph (1) shall equal six-tenths of 1 percent of the state
community action agency network allocation.
   (c) The levels of minimum funding in subdivision (b) shall be
funded from increases in federal Community Services Block Grant funds
or, at the discretion of the director, from Community Services Block
Grant discretionary funds.  If these sources are not sufficient to
achieve the increases required under subdivision (b), the phase-in of
new levels shall continue until the levels required under
subdivision (b) are reached.  No community action agency shall have
its allocation reduced below the level allocated to it from the 2002
federal Community Services Block Grant award to California in order
to establish the levels of minimum funding in subdivision (b).
   (d) Before January 1, 2005, the state community action agency
network shall review and analyze the minimum funding issue with the
objective of proposing an equitable methodology for making
appropriate adjustments in the future.
   (e) The director shall assure that financial assistance to
community action programs is distributed on an equitable basis.  In
each program year, the director shall proportionately adjust the
funding guidelines so as to achieve equity in funding allocations.
Equity shall be determined on the basis of a comparison of the number
of persons living in households that have an income at or below the
poverty level in each political subdivision served by a community
action agency, relative to the total number of low-income persons
residing in capped areas of the state, as reported in the most recent
available census.
   (f) If the total level of federal Community Services Block Grant
funds is reduced more than 3.5 percent below the amount appropriated
in the annual Budget Act, subdivision (e) shall not be operative, and
all agencies shall be reduced by an equal percentage, which shall be
that percentage in excess of 3.5 percent.
   (g) It is the intent of the Legislature that the allocation
formula specified in this section shall not be used as a template for
other funding distributions.
   (h) Notwithstanding subdivision (b), for the 2002-03 fiscal year,
all eligible entities currently in good standing in the California
Community Services Grant Program shall receive an increase in funding
for the 2002 program year that is proportionate to the increase
provided in the 2002 federal Community Services Block Grant to the
state.
12760.  Community action agencies funded under this article shall
coordinate their plans and activities with other eligible entities
funded under Articles 7 (commencing with Section 12765) and 8
(commencing with Section 12770) which serve any part of their
communities, so that funds are not used to duplicate particular
services to the same beneficiaries and plans and policies affecting
all grantees under this chapter are shaped, to the extent possible,
so as to be equitable and beneficial to all grantees and the
populations they serve.
12761.  A community action agency shall not use any funds received
under this article to replace discontinued state or local funding.
12763.  Notwithstanding Section 1090, a member may vote on any
matters before a community development district board, as provided
for in the Housing and Community Development Act of 1974 (Pub. L.
93-383), except those which have a direct bearing on services to be
provided by that member (or any business or organization which that
member directly represents) or which would financially benefit the
member or the business or organization which the member directly
represents.