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This entry was published on 2014-09-22
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SECTION 159-E
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 6-D
§ 159-e. Definitions. When used in this article:

1. "Eligible entity" shall mean any organization

(a) officially designated as a community action agency or a community
action program under the provisions of section two hundred ten of the
economic opportunity act of 1964 for fiscal year 1981, unless such
community action agency or a community action program lost its
designation under section two hundred ten of such act as a result of a
failure to comply with the provisions of such act; or

(b) designated by the process described in section one hundred
fifty-nine-m of this article (including an organization serving migrant
or seasonal farmworkers that is so described or designated).

Such eligible entity shall have a tripartite board as its governing
board which fully participates in the development, planning,
implementation, and evaluation of the program to serve low-income
communities and through which the entity shall administer the community
services block grant program. However, such eligible entities which are
public organizations shall have either a tripartite board or another
mechanism specified by the state to assure decision making and
participation by low-income individuals in the development, planning,
implementation, and evaluation of programs funded under this article.

2. "Tripartite board" shall mean

(a) the governing board of a private nonprofit entity selected by the
entity and composed so as to assure that

(1) one-third of the members of the board are elected public
officials, holding office on the date of selection, or their
representatives, except that if the number of such elected officials
reasonably available and willing to serve on the board is less than
one-third of the membership of the board, membership on the board of
appointive public officials or their representatives may be counted in
meeting such one-third requirement;

(2) (A) not fewer than one-third of the members are persons chosen in
accordance with democratic selection procedures adequate to assure that
these members are representative of low-income individuals and families
in the neighborhood served; and

(B) each representative of low-income individuals and families
selected to represent a specific neighborhood within a community under
clause (A) of this subparagraph resides in the neighborhood represented
by the member; and

(3) the remainder of the members are officials or members of business,
industry, labor, religious, law enforcement, education, or other major
groups and interests in the community served; or

(b) the governing board of a public organization, which shall have
members selected by the organization and shall be composed so as to
assure that not fewer than one-third of the members are persons chosen
in accordance with democratic selection procedures adequate to assure
that these members

(1) are representative of low-income individuals and families in the
neighborhood served;

(2) reside in the neighborhood served; and

(3) are able to participate actively in the development, planning,
implementation, and evaluation of programs funded under this article.

3. "Indian tribes" and "tribal organizations" shall mean those tribes,
bands or other organized groups of Indians recognized in the state or
considered by the federal secretary of the interior to be an Indian
tribe or an Indian organization for any purpose.

4. "Community based organization" shall mean any organization
incorporated for the purpose of providing services or other assistance
to economically or socially disadvantaged persons within its designated
community. Such organization must have a board of directors of which
more than half of the members reside in such designated community.

5. "Department" shall mean the department of state.

6. "Secretary" shall mean the secretary of state.