Download ppt - Legal Dos and Donts Drew Carberry, Director Faith & Communities Engaged in Service National Crime Prevention Council

Legal Dos and Don’ts

Drew Carberry, DirectorFaith & Communities Engaged in Service

National Crime Prevention Council


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Overview of FBCI

Work of Faith-Based Organizations Not New Executive Orders White House Office for Faith-based and

Community Initiatives Cabinet Level Faith-Based Centers Purpose:

– Leveling the Playing Field


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FBCI: National Overview

The Faith-Based and Community Initiative’s (FBCI) intent is to level the playing field for community organizations (secular and faith-based) to partner with the federal government.

– In January 2001, President Bush signed executive orders requiring five agencies to set up offices to respond to this initiative. In December 2002, he added two additional agencies.

– The current federal agencies with FBCI centers are Agency for International Development, Agriculture, Commerce, Education, Health and Human Services, Homeland Security, Housing and Urban Development, Justice, Labor, Small Business Administration and Veterans Affairs.


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FBCI: National Overview

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Section 104 (Charitable Choice) – Charitable Choice widens the ability for faith-based providers to use federal funds in providing welfare service, while maintaining their own integrity and autonomy

Supreme Court: Zelman v. Simmons-Harris 2002 upheld and strengthened the government’s ability to engage faith-based service providers.


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FBCI: Goals for 2005-2006

Goal One: Meet human needs through diverse, high-quality service programs by empowering communities to recruit volunteers to assist with the mentorship of children of inmates and ex-offenders upon reentry.

Goal Two: Continue to remove barriers and (create equal access for FBCI’s) level the playing field with emphasis on modeling at the state commission (Governors’ FBCI) and city partnership levels. Increase private sector leverage to sustain and strengthen grassroots initiatives.

Goal Three: Increase service programs and participants in faith-based and other community-based organizations.


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Legal Do’s: What’s Okay?Summary of Legal Analysis

Direct financial support from federal agencies to faith-based organizations is permitted for secular activity

Indirect support (vouchers, beneficiary choice) is allowed as long as there is a genuine, independent choice among religious and secular options

Faith-based organizations are permitted to retain their religious identity


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Legal Do’s: What’s Okay?Summary of Legal Analysis

Faith-based organizations are generally exempt from employment discrimination based on religion

Federal funds can pay for staff’s time so long as that time is not being used for religious instruction, worship, or proselytization

Services provided are available to everyone


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Legal Do’s: What’s Okay?Helpful Hints for FBOs

Separate religious and secular (federally funded) activities by space and/or time

Create separate bank accounts for federal or government funding for secular activities

Anticipate how to handle potential conflicts or issues that might arise related to the specific program or activity


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Legal Do’s and Don’ts:

Inherently religious activities may not include…

Religious instruction Religious worship Religious proselytization


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Ways FBOs can help:

Meeting Space Communication/Education Dissemination Coalition Member Sponsor alcohol free activities for youth Volunteers Consistent messages from pulpit, activities Parent training Accountability/Expectations


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Partnerships

Partnering with CNCS programs can be valuable resource for smaller organizations

Can help implement projects or ideas that require special funding or assistance

Resources are available to FBOs and CBOs interesting in applying for CNCS funding


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Course is interactive


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http://nationalserviceresources.org

“What Should I Do Next?”

Visit the website and sign up for FBCIList www.nationalservice.gov [email protected]

Find your local partnersAll are asked to leverage volunteersAll are asked to work with faith-based

and community organizations

CONTACTS

State Commissions

CNCS State Program Office (federal)State Program Director

Faith-Based and Community InitiativesAlison Fritz, [email protected]


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Resources

White House Office of Faith-Based and Community Initiativeshttp://www.whitehouse.gov/government/fbci/

Corporation for National and Community Servicehttp://nationalservice.gov/for_organizations/faith/index.asp

Roundtable on Religion and Social Welfare Policyhttp://www.religionandsocialpolicy.org/

National Crime Prevention Council - Faith and Communities Engaged in Servicehttp://www.ncpc.org/programs/faith/index.php


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Other Resources

List of intermediaries (included) Yearbook of American and Canadian Churches White House publication: “Federal Funds for

Organizations that Help Those in Need” Private Funders (e.g. Faith in Action) Community Service Block Grants


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Faith and Communities Engaged in Service

Drew Carberry, Director Jeanne Cure, Program Associate

[email protected] (202) 261-4186 [email protected] (202) 261-4133

1000 Connecticut Avenue NW, 13th FloorWashington, DC 20036

Phone: 202-466-6272 Fax: 202-296-1356www.ncpc.org

The National Crime Prevention Council