Removal of Members

Withdrawal of Recognition from Neighborhood Advisory Boards and the Removal of Individual Members of Neighborhood Advisory Boards

Pursuant to the Rules Governing the Conduct of the Community Services Block Grant Program in New York City, the following procedures shall govern the process of determining whether recognition should be withdrawn from a Neighborhood Advisory Board (NAB) and whether individual members of the NABs should be removed.

• Withdrawal of Recognition from a Neighborhood Advisory Board

Upon receipt of written notification from the Commissioner of DYCD that the action[s] of a NAB warrant withdrawal of recognition from the same, the Community Action Board (CAB) shall conduct such inquiries as may be necessary, including, but not limited to, the conduct of public hearings, and make a final determination concerning the withdrawal of recognition from the affected NAB.

In the event that the CAB determines that recognition should be withdrawn, the Commissioner of DYCD shall implement the CAB's decision and present to the CAB at its following meeting, a plan for reconstituting a new NAB in the respective Neighborhood Development Area (NDA). The CAB shall consider and deliberate upon the provision of such a plan and make comments and recommendations as appropriate.

In determining whether conditions exist in an NAB to warrant DYCD notification to the CAB to consider withdrawal of recognition, DYCD shall be governed by the Standards set forth below.

• Removal of Individual Neighborhood Advisory Board Members

The Commissioner of DYCD may remove an individual NAB member based upon any of the grounds set forth below.

• Standards for Withdrawal of Recognition from a Neighborhood Advisory Board and the Removal of Individual Neighborhood Advisory Board Members

1. Abuse of Public Funds

• Criminal activity relating to the misuse of Community Action Program funds or misuse of government funds.
• Fraud or dishonesty.
• Failure to perform fiscal affairs in a responsible manner.
• Failure to adequately perform proposal review responsibilities by consistently and deliberately recommending for funding non-performing CBOs, provided that it has been determined that elements external to the NAB were not the causative factor.

2. Absence of Active and Equitable Public Participation

• Failure to conduct an official meeting within a three (3) month period.
• Failure to reach a quorum on three (3) or more consecutive occasions.
• Failure to conduct public hearings on a regular basis.
• Pervasive deadlock, i.e., the inability of a NAB to accomplish its stated goals and purposes.
• Failure to have a properly constituted NAB, provided that it has been determined that elements external to the NAB were not the causative factor.
• Failure by a NAB to provide information required under the New York State Freedom of Information Law and Open Meetings Law and/or administrative standards promulgated by DYCD.

3. Abuse of Power as Vested in a Neighborhood Advisory Board and its Individual Members Under the Rules and Instructions Governing the Community Action Program

• Persistent failure to comply with the Federal, State and City statutes, plans, guidelines and instructions as they apply to the NABs.
• Persistent failure to follow and comply with CSBG and DYCD guidelines, instructions, directives or reporting requirements.
• Failure to cooperate with an investigation conducted by the Human Resources Administration Inspector General or the City Department of Investigation, or to respond to an official inquiry by CDA and or the aforementioned parties.
• Any other abuse which impairs the integrity of the Community Action Program and/or the function of the Neighborhood Advisory Board.

*Note: The standards enumerated under (2) shall only be applicable to a Neighborhood Advisory Board in circumstances where DYCD can demonstrate that all other remedies or solutions available to CDA have been exhausted and/or obstructed.