2020 Attorney Network Digest
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The Attorney Network Digest is an annual update for attorneys working with Community Action Agencies (CAAs). The digest features legal, governance, and financial resources and publications developed by CAPLAW over the past year that address issues unique to CAAs. If you have any questions about the Attorney Network or any of the issues discussed in this digest, please contact CAPLAW for further information.
Note to Executive Directors: If your CAA’s attorney is not yet part of CAPLAW’s Attorney Network, we invite them to join our referral list and receive the latest legal developments impacting Community Action.
In this edition:
Model Policies
Procurement Policy and RFP Decision Matrix • Record Retention Policy • Whistleblower Policy • Conflict of Interest Policy
Webinars
FQHC Opportunities • Evaluating Merger Opportunities • Updates to the New Head Start DRS • Policies in Practice: Complying with the CSBG Organizational Standards
Tools + FAQs
Public Charge Rule • FLSA Overtime Rule • Overview of FLSA Principles • COVID-19 Reopening Guide • CARES Act Benefits for Nonprofit CAAs • Coronavirus Updates for the Community Action Network
Case Studies
Pro Action of Steuben and Yates • Northern Kentucky Community Action Commission
Articles
Executive Order Limits Federal Contractor Diversity Trainings • Managing Disallowances in Incentive Compensation
Model Policies
CAPLAW develops a library of model documents for CAAs and their attorneys on the legal parameters of a CAA's operations and transactions.
This new Sample Procurement Policy and RFP Decision Matrix
includes requirements under the Uniform Guidance that apply to federal grantees and provides a framework for CAAs in approaching procurement decisions.
This Sample Record Retention Policy has been updated to align with the Uniform Guidance and is annotated to address how CAAs should set record retention periods that comply with applicable state statutes of limitations.
This Sample Whistleblower Policy has been updated to incorporate federal rules and regulations related to the protection of whistleblowers that are applicable to CAAs, such as the CSBG Organizational Standards.
Four Sample Conflict of Interest Policies are available for CAA boards of directors and senior staff members, addressing legal requirements that apply to both CAAs with Head Start and CAAs without Head Start.
Webinars
CAPLAW hosts webinars on an ongoing basis addressing a range of legal and financial issues facing CAAs and the legal professionals who work with them.
The Spectrum of Federally Qualified Health Center Opportunities: From Direct Designation to Collaboration
For many CAAs, structuring certain health care lines of business to operate as a federally qualified health center (FQHC), or otherwise affiliating with an FQHC, can be an effective strategy to achieve financial stability, reach new patient populations, and expand access to a broader scope of services. In addition, FQHC status can leverage other associated benefits, including Medicaid and Medicare reimbursement. This webinar provides guidance for CAAs regarding the spectrum of FQHC opportunities, with a focus on the process and mandates to achieve direct designation.
Presented by: Ted Waters and Carrie Riley, Feldsman Tucker Leifer Fidell
Joining Forces: Evaluating Merger Opportunities
Now more than ever, CAAs are thinking about innovative ways to maximize their impact while conserving resources. One method for doing so is a merger with another CAA or nonprofit organization. This webinar addresses a new CAPLAW merger manual and appendices that help CAA leaders understand critical issues in the process and how to approach potential steps to explore a merger partnership. The manual discusses key questions that should be addressed internally and with potential partners before proceeding.
Presented by: Eleanor Evans, Esq., Hemenway & Barnes LLP
Changes Ahead: Updates to the New Head Start Designation Renewal System
The Office of Head Start recently issued its much-anticipated revisions to the Designation Renewal System (DRS) rule, which include changes to three key areas affecting
recompetition: CLASS reviews, monitoring deficiencies, and audit findings. This webinar outlines the specific changes in the new rule, explores what they mean for CAAs, and discusses what CAAs should do in response to them. The webinar also discusses the potential impacts on recompetition from the Office of Management and Budget’s recent Uniform Guidance updates as well as from the new audit compliance supplement.
Presented by: R. Brian Tipton, Esq., Kirk Private Client Law, LLC
Policies in Practice: Complying with the CSBG Organizational Standards
Effectively governed CAAs have policies and systems in place that encourage accountability, transparency and efficiency of operations. This four-part webinar series provides a governance checkup to review some key policies CAAs are required to have under the CSBG Organizational Standards — a whistleblower policy, conflict of interest policy, procurement policy, and record retention policy. The webinars review CAPLAW’s template policies that CAAs can adapt for their own use, and also provides practical tips for drafting, implementing, and using each policy to effectively guide individual and organizational actions.
Presented by: CAPLAW Attorneys
FAQs + Tools
CAPLAW's toolkits and FAQ Archive provide guidance and answers on a range of issues covering topics that CAAs commonly face.
Public Charge: Understanding the New Rule and its Implications for CAA Clients
This FAQ helps to inform CAAs about how their clients’ receipt of certain public benefits under the new public charge rule may impact their future immigration status.
Complying with the New Overtime Rule Under the FLSA
This FAQ helps CAAs understand the changes and potential workplace impacts of a new federal overtime rule that took effect on January 1, 2020.
Overview of FLSA Principles
This updated FAQ helps CAAs understand the fundamentals of compliance with the federal Fair Labor Standards Act (FLSA), including the most common exemptions applicable to CAAs.
COVID-19 Reopening Guide
As organizations across the Community Action network reopen their doors to resume operations and services disrupted by the COVID-19 outbreak, this resource helps CAAs anticipate and address many common questions about adjusting their operations to a new normal.
CARES Act Benefits for
Nonprofit CAAs
The Coronavirus Aid, Relief and Economic Security Act (the CARES Act) offers various forms of aid to nonprofit CAAs and state associations impacted by the COVID-19 outbreak. This resource covers each of the benefits available to the network, including an analysis of what CAAs should consider with respect to these programs.
Coronavirus Updates for the Community Action Network
This Coronavirus Update page compiles resources that are particularly relevant to the Community Action network, including news alerts and updates from CAPLAW and other national partners, as well as program-specific guidance from
federal awarding agencies.
Case Studies
CAPLAW’s case studies feature CAAs that have adopted certain exemplary practices in response to specific leadership challenges and opportunities.
Leadership During Crisis: Lessons Learned from the COVID-19 Pandemic
CAPLAW and the National Community Action Partnership have developed two case studies focused on the ability of CAAs to respond to unique challenges and effectively govern themselves during difficult times. These case studies highlight the examples of two CAAs, and how each relied on good governance practices and communication to navigate complex challenges presented by the COVID-19 pandemic.
Northern Kentucky Community Action Commission
Articles
CAPLAW's News Flashes and e-Bulletins include articles that address new and current legal issues specific to CAAs.
Executive Order Limits Federal Contractor Diversity Trainings
This article addresses a recent executive order prohibiting federal contractors from conducting certain workplace diversity and inclusion trainings, as well as discusses the impact of the order on federal grantees such as CAAs.
Managing Disallowances in Incentive Compensation
This article reviews the incentive compensation rules applicable to CAAs under federal grant and tax laws, discusses issues to consider when drafting a policy, and describes how to implement a policy to mitigate the risk of disallowance.
This digest is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0467-03. Any opinion, findings, conclusions, or recommendations expressed in these materials are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.
The contents of this publication are intended to convey general information only and do not constitute legal advice. Any communication through this publication or through CAPLAW’s website does not constitute or create an attorney-client relationship. If you need legal advice, please contact CAPLAW or another attorney directly.
