122:5-2-02 Yearly performance assessments.

The office of community services will conduct yearly performance assessments, according to the following criteria, to determine whether community action agencies are in compliance with section 122.69 of the Revised Code:

(A) A nonprofit agency or organization shall be deemed to have obtained the endorsement of a chief elected official of a municipal corporation or county within the community to be served by the agency or organization when written notice of such endorsement is received by certified mail by the office of community services at the following address: "Office of Community Services, Ohio Department of Development, P.O. Box 1001, Columbus, Ohio 43216-1001." A copy of the notice of endorsement shall be provided by such chief elected official to the nonprofit agency or organization seeking designation as a community action agency. Notice of endorsement by a chief elected official of a municipal corporation or county of a nonprofit agency or organization seeking designation as a community action agency shall remain effective until a notice of rescission of endorsement is received by certified mail by the office of community services at the same address. A copy of the notice of rescission of endorsement shall be provided by such chief elected official to the nonprofit agency or organization seeking designation as a community action agency.

(B) A designated community action agency shall be determined to have provided a range of services and opportunities having a measurable and potentially major impact on the causes of poverty in the community or those areas of the community where poverty is a particularly acute problem based on the extent to which its program activities, conducted in compliance with fiscal and programmatic guidelines as set forth in these rules, meet the goals and objectives delineated in its annual program plan as approved by the office of community services.

(C) As part of its annual program plan and budget submission each designated community action agency shall submit to the office of community services a board roster along with certification that the composition of the board meets the following requirements:

(1) The board consists of not fewer than fifteen nor more than thirty-three members;

(2) 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 such one-third requirement;

(3) At least one-third of the members are persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the service area; and

(4) 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.

(D) Each designated community action agency shall submit to the office of community services along with its annual program plan and budget, a certification that a copy of the program plan and budget was made available to the chief elected officials of the municipal corporations and counties within the service area at least ten days prior to submission of the plan and budget to the office of community services.

(E) Each designated community action agency shall submit to the office of community services as part of its annual program plan and budget, assurances that it will comply with the prohibitions against discrimination and political activity, as provided for in the Community Services Block Grant Act. In addition to any other procedures available to secure compliance with such assurances, written complaints of non-compliance with these provisions by a designated community action agency may be filed by letter to the office of community services at the following address: "Office of Community Services, Ohio Department of Development, P.O. Box 1001, Columbus, Ohio 43216-1001." Any and all such complaints shall be forwarded by the office of community services to the agencies or tribunals having jurisdiction to investigate such compaints. Adjudications by such agencies or tribunals shall be considered in determining whether C.S.B.G. providers are in compliance with the prohibitions against discrimination and political activity as provided in the Community Services Block Grant Act.

(F) Each designated community action agency shall be subject to audit to determine compliance with fiscal and program requirements as set forth in these rules and as amplified and revised from time to time by bulletins which shall be automatically forwarded without charge to designated community action agencies, and upon request to any citizen who requests copies by writing to the office of community services at the following address: "Office of Community Services, Ohio Department of Development, P.O. Box 1001, Columbus, Ohio 43216-1001."

R.C. 119.032 review dates: 11/13/2003 and 11/13/2008

Promulgated Under: 119.03

Statutory Authority: 122.68(E)

Rule Amplifies: 122.68

Prior Effective Dates: 3/21/1985, 10/10/1984