Finding 45766 (2022-002)

- Repeat Finding
Requirement
N
Questioned Costs
-
Year
2022
Accepted
2023-06-14

AI Summary

  • Core Issue: BCS did not meet the requirement for a Tri-Partite board as mandated by the CSBG Act.
  • Impacted Requirements: The board must include one-third community-elected representatives and low-income individuals from the served area.
  • Recommended Follow-up: Management should evaluate federal compliance requirements for all subawards and ensure adherence to the Tri-Partite board structure moving forward.

Finding Text

Evaluation of federal compliance requirements when receiving subawards (Deficiency) U.S. Department of Health and Human Services Community Services Block Grant (Federal Assistance Listing #93.569) Federal Award Numbers: 60204, 60215, 60225, and 60235 Federal Award Year: 2020-2022 Criteria: As included within the 2021 Compliance Supplement, the Community Services Block Grant (?CSBG?) Act at 42 USC 9910(a), requires nonprofit organizations administer CSBG through a Tri-Partite board comprising: ? One-third (1/3) of the members be elected representatives in the community or their designee (the elected official must be holding office on the date of selection). There is a provision that allows for appointed government officials, or their designee, to be counted in meeting this requirement. Not fewer than one-third (1/3) of the board members are chosen in a democratic selection process adequate to assure that these members of the board are representative of the low-income individuals and families served. Additionally, each low-income representative must reside in the neighborhood served. The remaining board members are officials and members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served. Condition: We noted that BCS did not comply with the Tri-Partite board requirement. Cause: Management has indicated their board does not comply with this requirement as they receive their CSBG as a pass through from New York City Department of Youth and Community Development (?NYC DYCD?) (i.e. BCS is a subrecipient of NYC DYCD) and this requirement had not been discussed with, or included in, the pass-through grant with NYC DYCD. Management did not prepare evaluation of the federal compliance supplement special tests and provisions requirements at the time the subaward was received. While the grant was passed through NYC DYCD, specific federal compliance requirements must still be evaluated for applicability. By not performing a review of these federal requirements management was not aware of the Tri-Partite board requirement. Effect: The CSBG expenditures are not being administered by a Tri-Partite board as required by the CSBG Act. Questioned Costs: None identified. Identified as a Repeat Finding: Yes.

Corrective Action Plan

BCS was notified that we must administer the Community Services Block grant program through a tripartite board for our fatherhood program. BCS has since received an advisory opinion from an Assistant General Counsel of the Department of Youth and Community Development stating that ?the tripartite board requirement applies to local community action agencies [CAA], which is DYCD, not sub recipients...? Accordingly, as a sub recipient, BCS is not responsible for the implementation of the tripartite advisory committee. Moreover, the creation of the tripartite advisory committee would require BCS to have a board of directors which would include elected officials. It is in the sole discretion of BCS to decide whether to include an elected official on the board, as being mandated to do so by this directive may pose a potential conflict for BCS that may run contrary to state and federal laws.

Categories

Subrecipient Monitoring Special Tests & Provisions

Other Findings in this Audit

  • 45767 2022-003
    Significant Deficiency
  • 45768 2022-002
    - Repeat
  • 45769 2022-003
    Significant Deficiency
  • 622208 2022-002
    - Repeat
  • 622209 2022-003
    Significant Deficiency
  • 622210 2022-002
    - Repeat
  • 622211 2022-003
    Significant Deficiency

Programs in Audit

ALN Program Name Expenditures
93.569 Community Services Block Grant $296,495
14.235 Supportive Housing Program $254,430
93.958 Cmhs Block Grant $238,400
17.259 Wia/wioa Youth Activities $236,121
10.558 Child and Adult Care Food Program $133,612
14.231 Emergency Shelter Grant $118,850
94.006 Americorps $34,039