Madera County Grand Jury
• 2024-2025
Motschiedler, Michaelides, Wishon, Brewer & Ryan, LLP Attorneys at LAW 1690 West Shaw Avenue Phillip G. Michaelides J*
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Note: Missing finding numbers detected: F5
Findings 5 findings
F1
Finding 1, and Recommendation 1: Lack of Centralized Leadership – Madera County lacks a centralized lead agency responsible for homelessness issues and should establish a dedicated local lead agency. CAPMC Response: Wholly Disagree. CAPMC provides centralized leadership and coordination on both the federal and local level as to homelessness issues and is already the dedicated local lead organization. As explained in detail above, FMCoC has designated CAPMC as the only Access Site and Coordinated Entry System for Madera County, which is the exclusive method and manner for providing federal funds to address homeless issues in Madera County. The success of the CAPMC HELP Center has resulted in further grant awards over the last several years, and became and remains the only facility in Madera County that providing the Coordinated Entry services contemplated by the CoC Program, and includes all the core components of access, assessment, prioritization, and referral and housing placement. As the Access Site and the Coordinated Entry System for Madera County, the HELP Center plays an absolutely crucial role in connecting clients to housing and supportive programs tailored to their needs. CAPMC engages in extensive outreach services to locate individuals and families in need. Once individuals and families are located, the Coordinated Entry System is implemented with each as detailed above with assessments for possible diversion and/or services, with these clients assisted by the HELP Center staff to become "document ready," ensuring they have the necessary identification and paperwork to {01498/0000//734817.DOCX} MOTSCHIEDLER, MICHAELIDES, WISHON, Brewer & Ryan, LLP Mr. Kenneth Bowman ATTORNEYS AT LAW Hon. Michael Jurkovich Madera County Grand Jury July 1, 2025 access vital available resources, just as the Coordinated Entry System is designed to work. Collaborating closely with local agencies including the County of Madera, the HELP Center staff then link individuals and families to essential resources that foster economic independence. If the individual/family needs emergency housing, the HELP Center makes the arrangement or provides referral to shelters, domestic violence shelters, or emergency housing. Through comprehensive wraparound services, these clients also receive the support needed to address immediate challenges while paving the way for long-term success. With compassion and dedication, the HELP Center serves as a catalyst for positive change, empowering those facing homelessness to reclaim control over their lives and build a brighter, more stable future. In 2024 alone, CAPMC's HELP Center made contact with 452 homeless individuals, assisted in 66 permanent and 63 temporary housing placements (including emergency housing), helped 10 households avoid eviction, and assisted 18 families with move-in costs.22 Since June 2022, CAPMC's Executive Director, Mattie Mendez, has been the Homeless Coordinator for the County of Madera.23 At the time Madera County Behavior Health was contracted with CAPMC to provide outreach and homeless services, and as individual were encountered and screened they would refer those individuals with mental health or substance abuse disorder to Madera County Behavior Health or other local providers. As a result, CAPMC has been actively managing homeless programs and services for the federal and local level for more than three years. CAPMC also receives additional funding through agreements executed with Madera County to work on the reduction the numbers of persons experiences homelessness, those who become homeless for the first time, and the length of time people remain homeless, along with the increasing the number of people exiting homelessness into permanent housing and successful placements from street outreach. To do this, CAPMC received funds to include the following eligible purposes: 22 See CAPMC Impact Report at , a copy of which is attached as Exhibit D. The Community Corrections Partnership action item and proposed budget is attached as Exhibit F. {01498/0000//734817.DOCX} MOTSCHIEDLER, MICHAELIDES, WISHON, Brewer & Ryan, LLP Mr. Kenneth Bowman ATTORNEYS AT LAW Hon. Michael Jurkovich Madera County Grand Jury July 1, 2025
F2
Limited Inter-Departmental Communication CAPMC's Response: Wholly Disagree as to CAPMC CAPMC is not a county department, so it would not be proper to have integrated communications with Madera County as to computer systems and other technologies. Having said that, CAPMC personnel have regular ongoing communication with county employees, law enforcement and other stakeholders. This includes multiple monthly meetings, often daily communications with law enforcement out in the field who might encounter a homeless person and provide information for possible outreach if the individual is not already being provided services.26 CAPMC is certainly not in a "silo" as it relates to communications on ongoing homeless issues with County staff and law enforcement. The Grand Jury's finding is not accurate and its recommendation for further communications cannot be implemented by CAPMC as it is not warranted or reasonable in light of the fact that CAPMC is a separate nonprofit private corporation. F. Conclusion I hope this response to the Grand Jury is helpful and provides more information as to how homelessness and related issues are being addressed within the County of Madera and the tremendous collaboration that is occurring with both federal and state fundings sources and programs. The Coordinated Entry System as followed by the CAPMC HELP Center allows CAPMC to use federal, state and local funds in an efficient and non-duplicative manner so that eligibility is determined, individuals and families are prepared to receive services through documentation completion, assessments are conducted, and the whole array of available services is known and employed by the HELP Center's navigators to directly clients to appropriate services through referrals, providing short-term need directly, and direct placements. The success of this collaboration through making the CAPMC the lead organization on homelessness issues is shown by the results and 26 Notably, the vast majority of the time when law enforcement contact CAPMC after encountering a homeless individual, CAPMC finds they are already in the system. {01498/0000//734817.DOCX} MOTSCHIEDLER, MICHAELIDES, WISHON, Brewer & Ryan, LLP Mr. Kenneth Bowman ATTORNEYS AT LAW Hon. Michael Jurkovich Madera County Grand Jury July 1, 2025 successes highlighted in this response with the relatively modest funds available to CAPMC given the nature and extent of the services it provides. It is unfortunate that the Grand Jury has elected to publish its report without thoroughly understanding homelessness funding in Madera County, the Coordinated Entry Program and the exclusive role of CAPMC in Madera County for the coordination of federal funds as well as the increasing funding from state and local funding sources such as Madera County for the HELP Center. Instead, the focus appears to be on using the homelessness issue to publicly address employee dissatisfaction with Madera County on issues wholly unrelated to homelessness. It was certainly a missed opportunity by the Grand Jury. Very truly yours, Russell K. Ryan RKR:cab {01498/0000//734817.DOCX} (; t . j . . EXHIBIT A . . . . ٦÷. ARTICLE III. ARTICLE II. ARTICLE 1. Table of Contents SECTION 11. SECTION 10. SECTION 9. SECTION 8: SECTION 7. SECTION 6. SECTION 5. SECTION 4. SECTION 2. SECTION 3. SECTION 1 SECTION 10: SECTION 8. SECTION 6. SECTION 7. SECTION 5. SECTION 4. SECTION 3. SECTION 2 SECTION 1. SECTION 7. SECTION 6. SECTION 1. SECTION 5. SECTION 3. SECTION 2. SECTION 4. OVERVIEW....... FRESNO MADERA CONTINUUM OF CARE SCHEDUTING FLECTIONS. QUALIFICATIONS FOR OFFICE................................... RESIGNATION, TERMINATION, AND ASSENCES. QUORUM:.................................... FILING VACANCIES / SPECIAL ÉLECTIONS.................................... Võtivis, maanaanaanaanaanaanaanaanaanaanaanaanaan CONFLICT OF INTEREST AND RECUSAL PROCESS................................... BOARD MEETINGS.................................... МЕТНОВ ОР ÉLECTIONS.................................... TERM OF OFFICE. LIST OF DIRECTORS. ի հուտումադումայն մինքան արտասարությունը արտարարարարարարությունների և Հորաստասարությունը 16 BOARD OF DIRECTORS ......16 V0TING. ................................... SPECIAL MEETINGS.................................... QUORUM. GENERAL MEMBERSHIP MEETINGS. PREPARING APPLICATIONS FOR FUNDS. And Annual Communication of The Property of The Property of The Property of The Property of The Property of The Property of The Property of The Property of The Property of The Property of RIGHTS OF MEMBERSHIP. OBLIGATIONS OF MEMBERSHIP.................................... WHO IS ELIGIBLE TO BECOME A WEMBER, .................................... How To Become a Member. ................................... GENERAL MEMBERSHIP ......6 RĒCÓRD KEĒPING. ÉLECTRONIC COMMUNICATIONS. ................................... MENBERS/HP .................................... METHODS.......hundersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmenterindersemmen NAME, ..... DUAL GÖYERKIMENT.................................... PURPOSE (ին հետրյան նատահահախատանակին նատաստատարայրը բարձրատապատաստատարայում մաստահանաստան 3 GOVERNANCE CHARTER るのの SECTION 12. DUTIES OF SPECIFIC DIRECTORS.................................... ARTICLE IV. COMMITTEES.................................. SECTION 1. DELEGATION OF AUTHORITY TO STANDING COMMITTEES.................................. SECTION 2. MEMBERŚĤIP OF STANDING COMMITTEES. ................................. SECTION 3. STANDING COMMITTEE MEETING PROCEDURES.................................... SECTION 4. STANDING COMMITTEE OFFICER OR CHAIR RESPONSIBILITIES. THE OFFICERS OR CHAIR IS RESPONSIBLE FOR: ....... SECTION 5. MODIFYING A COMMITTEE'S AUTHORITY.................................... SECTION 6. Ap Hoc Workgroups.................................... Section 7. EXAMPLES OF STANDING COMMITTEES.................................. ARTICLE V. LOCAL POLICIES (SEE WRITTEN STANDARDS FOR FULL POLICIES).................................... SECTION 1. EDUCATION POLICIES. ................................... SECTION 2. FAMILY INTAKE AND SEPARATION POLICIES: .................................... SECTION 3. UNACCOMPANIED AND PARENTING YOUTH.................................... SECTION 4. DOMESTIC VIOLENCE SURVIVORS.................................... SECTION 5. Participation in HMIS. ................................... SECTION 6. Housing First.................................... SECTION 7. DISCHARGE POLICIES................................... SECTION 8. COC-WIDE ANTI-DISCRIMINATION POLICY: .................................... SECTION 9. COC ADVOCACY POLICY .................................... ARTICLE VI. AMENDMENTS ......27 SECTION 1. 27 27 Section 2. APPLICABILITY .................................... ARTICLE VII. SECTION 1. Article I. Overview Section 1. Name. The name of this organization is the Fresno Madera Continuum of Care (FMCoC or the "CoC"). This organization is an unincorporated association. Section 2. Purpose. The FMCoC has been formed to carry out the responsibilities required under the Department of Housing and Urban Development (HUD) regulations, set forth at 24 C.F.R. Section 578. The purpose of the FMCoC is to coordinate services in the most efficient manner for people who are experiencing homelessness, who have experienced homelessness, or who are at risk of experiencing homelessness by providing them with access to housing and supportive services, including educational opportunities, physical and behavioral health care, employment training, and life skills development. The FMCoC is dedicated to increasing community awareness of homeless people and their problems; and the development and implementation of strategies to create permanent solutions to homelessness in the community. Section 3. Methods. Operating a CoC. To accomplish its purpose, the FMCoC promotes best practices, conducts trainings, facilitates the development of a Coordinated Entry System and Homeless Management Information System, monitors performance, advocates for evidence-based practices in local housing policy, and prepares an annual Collaborative Application to HUD that reflects the community's priorities for housing and homeless services. Additionally, per the requirements of the Interim Rule Section 578.7, the CoC will: Develop, follow and update this Governance Charter annually, which will include all policies and procedures needed to comply with HUD and HMIS requirements, including a code of conduct/conflict of interest and recusal policy for the FMCoC Board, its chair(s) and any person acting on behalf of the Board; Review and update the Governance Charter policy to select a CoC Board at least once every 5 years; Send an invitation at least annually to the public soliciting invitations for new membership: This should include: (i) ensured effective communication with individuals with disabilities, including the availability of accessible electronic formats, (ii) outreach to ensure persons experiencing homelessness or formerly homeless persons are encouraged to join the CoC, and (iii) invitations to organizations serving culturally specific communities experiencing homelessness in the geographic area to address equity (e.g., Black, Latino, Indigenous, other People of Color, persons with disabilities)); Hold CoC General Membership meetings no less than semi-annually; Coordinate with the Emergency Solutions Grant (ESG) program administrators to conduct an initial assessment of the needs of those experiencing homelessness within Fresno and Madera Counties. This initial assessment shall be updated annually with a gaps analysis that compares available housing and services in Fresno and Madera Counties with the need. Implement Written Standards for providing CoC and ESG assistance; Coordinate with state and local Emergency Solutions Grant (ESG) program recipients and monitor the performance and outcomes of CoC and ESG recipients and subrecipients by project type to ensure effective service delivery; Report the outcomes of CoC and ESG projects to HUD annually through the CoC - application process; - Continue to implement the emergency transfer plan in the Written Standards. Continue to operate a Coordinated Entry System and review and update Coordinated Entry System policies and procedures; Provide information required to complete the Consolidated Plan(s) within the CoC's geographic area. Homeless Management Information System (HMIS). The Fresno Madera Continuum of Care must designate a single HMIS for FMCoC and an eligible applicant to serve as the CoC's HMIS Lead Agency. The FMCoC Lead Agency must: Implement HMIS, including designating a single HMIS Review, revise, and approve a CoC HMIS data privacy plan, data security plan, data guality plan, and HMIS Policies and Procedures Ensure that the HMIS is administered in compliance with HUD requirements Ensure consistent participation by HUD Homeless Assistance Grants projects in the ζ. HMIS, and actively encourage non-HUD funded programs to participate Ensure compliance with VAWA and required HMIS-parallel data collection by domestic violence providers maintain appropriate, isolated data, and report congregate information as required and allowed within law. Attend CoC Board and General Membership meetings to provide updates. • Coordinated Entry Policies. The CoC has established a Coordinated Entry System (CES) in .compliance with HCD ESG regulations, 25 CCR 8409; HUD Coordinated Entry Notices CPD-17-01 and CPD-16-11; VAWA Reauthorization Act of 2013; and the CoC Program Interim Rule, 24 CFR Part 578. All CoC- and ESG-funded programs are committed to implementing this system. Other, federal, state, and local funding sources, as well as all funding sources that are administered or provided go through the CoC, also mandate participation in the Coordinated Entry System. All projects mandated to participate in the Coordinated Entry System by their funding source must follow the Coordinated Entry policies and procedures. All other providers participating in the coordinated entry process shall also follow those policies and procedures. The CoC's CES Committee is the designated Policy Oversight Entity for Coordinated Entry for the CoC and is responsible for updating the CES policies and procedures (recommending policy additions and changes to the CoC) and for ongoing CES monitoring and implementation oversight (including oversight of the annual CES Evaluation Implementation work). The Coordinated Entry System promotes comprehensive and coordinated access to assistance regardless of where an individual or family is located within the CoC service area and uses a standardized assessment tool that ensures that the community prioritizes assistance for people with the most urgent and severe needs and to those who have been homeless for the longest period of time, Coordinated Entry Management Entity. The CoC's CES Management Entity will implement and carry out the day-to-day operation of the CES on behalf of the CoC. The Management Entity has formal authority granted by the CoC to compel all providers included in coordinated entry to meet the expectations, standards, and responsibilities set for them by the GoC through the CES Committee. The CES Management Entity reports its outcomes to the CoC monthly at CoC meetings, and communicates about policy issues with the CoC's CES Committee. The CoC is the final approver of CES Committee-approved CES policies and procedures. The CES Management Entity will defer to the CoC's CES policies and procedures when working with agencies that are not following coordinated entry protocols. If CES- mandated agencies continue to not utilize the CES or to not follow CES protocols, the CES. Management Entity should bring this to the attention of the CoC Committee Leadership, as well as a compliance recommendation. As needed, the CES Committee Leadership may elevate agency-level CES compliance issues to the CoC Board for review. The CES Management Entity should be regularly evaluated by the CoC's CES Committee, and must be evaluated at least annually during the CoC's CES Evaluation. The CES Management Entity should be available to attend CoC Board and General Membership meetings to provide updates. Section 4. Dual Government. The FMCoC's Board of Directors sets the agenda for the CoC General Membership meetings and must review substantive items of business prior to an action item being placed on the CoC General Membership agenda for a vote. A majority vote of the Membership is required to approve all substantive items of business. Removal of Directors, scheduling of Board Meetings, and other affairs that are internal to the Board of Directors do not require approval from the General Membership. Section 5. Membership. Most Members of the FMCoC are government agencies or non- profit entities. When an agency joins the FMCoC, the agency's Membership belongs to the agency as a whole. The agency will be asked to nominate one particular person as that agency's Member, who will attend meetings and vote on behalf of the agency. By contrast, when an individual joins the FMCoC, the individual is the Member, and the individual has the right to vote and attend meetings. Members who join as individuals do not have Alternates. Agencies may only have one CoC membership (per 501(c)(3), if applicable). Jurisdictions may have multiple memberships, but only one per separate department. A separate department is defined as a section of a jurisdiction that is led by a department head that is either appointed by the jurisdiction's governing body or is elected by the citizens of that jurisdiction. Individuals that work for an agency or jurisdiction that has a CoC membership may not also have an individual membership. Section 6. Electronic Communications. All communications that this Governance Charter requires to be made "in writing" can be made by e-mail. Section 7. Record Keeping. Per the Interim Rule, the CoC shall record and collect 5 years' worth of evidence that: î. The CoC Board meets all requirements of 24 CFR 578.5(b), including meeting agendas, minutes, the Governance Charter, Written Standards/policies and procedures, and all required updates and notices; and ïi. The Collaborative Applicant documents and collects evidence that the CoC prepared the application for funds as required, including the designation of the eligible applicant as the Collaborative Applicant; and iii. The CoC designated a single HMIS for the CoC, and monitored reports of recipients and subrecipients; and The Collaborative Applicant documents and collects evidence of use of planning iv. funds for eligible costs and other grants management documentation; and The process for selecting a Board is reviewed at least every five years and the CoC v. has updated its Governance Charter annually. Article II. General Membership Section 1. Who is Eligible to Become a Member. Each of the following types of entities is eligible to become a Member of the FMCoC if the entity's work is geographically connected to part or all of Fresno County and/or Madera County: Non-profit homeless assistance Mental health agencies providers Hospitals CoC and non-CoC funded Victim Universities Service Providers (including agencies Local jails • serving survivors of human Indian Tribes and Tribally Designated • trafficking, DV- Advocates) Housing Entities (Tribal Faith-based organizations Organizations) Local government agencies Affordable housing developers Local businesses Law enforcement agencies and • Advocates EMS/Crisis Response Teams Disability, Mental Health, and . Lesbian, Gay, Bisexual, Transgender Substance Abuse Service Advocates and Service Organizations Organizations and Advocates Organizations that serve veterans Public housing agencies Agencies receiving local ESG funding CoC and non-GoC funded Youth CDBG/HOME/ESG Entitlement Homeless Organizations, Advocates, Jurisdiction and Youth Service Providers A legitimate consortium recognized • Local school districts, school . by the FMCoC Board as a formal administrators/Homeless Liaisons organized group that is addressing Street Outreach teams The FMCoC HMIS Lead agency, if not • otherwise included above Injaddition, a person who is experiencing homeless or who was formerly homeless is eligible to become a Member of the FMCoC in their individual capacity, even if they are not otherwise involved with an agency. Section 2. How to Become a Member. An eligible entity or person may become a Member of the FMCoC by filling out a membership application and paying financial dues. The Membership Application must include the name and contact information for the Voting Member and for the Alternate Member (if any). Members may not cast any votes and are bypassed for purposes of quorum until their application has been reviewed the FMCoC Secretary and/or Treasurer and they have been added to the CoC membership list for roll call. If there is an issue with the application or it is denied, the Secretary and/or Treasurer will ordinarily notify applicants of this as well as the reason for the denial. The Secretary and/or Treasurer may ask to see the proof of eligibility outlined in Section 1 above before enrolling a new Member. All potential CoC Members must agree to follow the CoC's Code of Conduct and Conflict of Interest policy outlined in Attachment B. Section 3. Obligations of Membership. To remain in good standing, each Member must pay annual dues, regularly attend meetings (described below), complete any required trainings, be compliant with the Code of Conduct and Conflict of Interest policy outlined in Attachment B, and contribute to the work of the FMCoC, as set forth in more detail immediately below. Dues must be paid in the amount and by the deadline set by the FMCoC Board of Directors. Dues are determined by organization size, type of organization (including individual and government memberships), and annual budget. The Chair and Treasurer may approve hardship waivers and/or payment of in-kind dues for Members who may not have the ability to pay in cash, subject to budgetary concerns of the CoC. A hardship waiver and/or request for payment of in-kind dues should be emailed to the Chair and Treasurer for consideration using the general FMCoC email address listed on the website. Special consideration for hardship waivers for organizations with budgets under $250,000 will be given to (i) Organizations led by and serving Black, Brown, Indigenous and other People of Color, (ii) Organizations led by and serving LGBTQ persons, (iii) Organizations led by and serving people with disabilities. Current or formerly homeless (within the past 7 years) individuals who may not have the ability to pay in cash for dues do not need to request a hardship waiver; they just need to indicate their homeless or formerly homeless status on the membership application. During the first year in which a Member joins the FMCoC, that Member's dues will be pro-rated based on the time of year when the Member joined. Memberships expire December 31 of the current calendar year. Dues are prorated based on the following schedule for first time members: January - March 31: 100% of fees April - June 30: 75% of fees ... ٠ 😅 July – September 30: 50% of fees October – December 31: 25% fees However, in subsequent years, or if a Member frequently leaves and re-joins the FMCoC, the Member's dues will not be pro-rated. For existing Members, each year the membership application must be received by the CoC Secretary and/or Treasurer by January 1 of the current membership year and all dues must be paid by March 1 of that same calendar year, unless a separate arrangement has been made with the Treasurer. Each Member or Alternate Member should not miss more than three (3) regularly scheduled FMCoC General Membership meetings in a calendar year, and must maintain current contact information on file with the FMCoC Secretary for their Voting Member and Alternate Member (if any), A Member or Alternate Member will be marked as "absent" if they arrive at the CoC meeting any later than within 15 minutes after the start time of the meeting. The Chair and Vice Chair, by consensus, may excuse a Member's absence from a General Meeting if it determines that extreme circumstances prevented the Member from attending. When it's the Chair or Vice Chair requesting an excused absence then the Secretary will be included in the determination. Requests for excused absences should be submitted to CoC staff in writing over email. The CoC's training policies are outlined in the CoC's Learning Management System Manual. To be considered in good standing, CoC members must be current with their required trainings as per the Bridge Learning Management System compliance reports. In addition, each Member is expected to take on some share of the work of supporting the CoC. To be considered in good standing, CoC-funded entities are required to participate in the Point- in-Time Count (PIT Count). Additionally, CoC members that are mandated to use the Coordinated Entry System by their funding source are required to send a representative to participate in the Coordinated Entry System Standing Committee meetings (the representative may miss no more than six (6) meetings in a calendar year to meet this requirement). Other ways Members can support the CoC could take the form of serving as a Director, serving on a Standing Committee or Workgroup, advocating on behalf of CoC policies in state or local government, or conducting relevant trainings for the benefit of other agencies. A Member who has not performed any of these tasks in the past year may be asked by the Chair to assist with a specific task. Members who have not contributed to the work of the CoC may lose points in competitions for funding organized by the CoC. In extreme cases, a Member who repeatedly fails to assist with the work of the CoC after multiple opportunities and warnings may have their membership suspended by a majority vote of the Board of Directors. Rights of Membership. Members in good standing will be eligible to receive Section 4. FMCoC participant letters confirming their role in the CoC-coordinated regional efforts, letters of support for funding applications (if approved through the Letter of Support policy below), will be eligible to participate in CoC-facilitated trainings, will receive notices of CoC activities, may join the FMCoC listsery, may be eligible to apply for local, state, and federal funding that is i distributed through the CoC, and will be entitled to cast one vote per Member in General Membership meetings and elections. Voting: CoC Members will vote through their Voting Member, or, if the Voting Member is not available, by one Alternate Member. The Voting Member and Alternate Member are named in the annual application to the CoC. If the Voting Member or Alternate Member must be changed after the application is submitted, the new Voting Member or Alternate Member must be named, in writing to the CoC Secretary and Chair with a CC to the CoC's general email address listed on the website, 3 business days in advance of the start of any vote or meeting. If both Voting and Alternate Members of an agency are unavailable, then the agency may not vote at that meeting. Participant Letters: To request a FMCoC participant letter, a CoC Member must submit a request for the letter to the CoC's email address no later than 5 business days before the signed letter is due back to the Member. CoC staff will check the membership status and if the requestor is a CoC Member in Good Standing, forward the request to a CoC Officer to sign and return a Participant Letter to the requestor. Letters of Support: the FMCoC is committed to fostering collaboration with agencies working to address homelessness by providing housing and/or services to individuals or families who are experiencing homelessness or at-risk of homelessness within the FMCoC's geographic area of Fresno and Madera Counties. Therefore, upon request, the FMCoC may provide Letters of Support for CoC Members in Good Standing working within the FMCoC that are responding to local, state, and federal Requests for Proposal to address homelessness. Organizations seeking FMCoC Letters of Support should demonstrate, as described below, how their proposed project is aligned with the FMCoC's mission to develop, promote, and implement strategies to end homelessness. All requests for Letters of Support must be for projects that align with the local CoC, State and Federal priorities and policies, with commitment to implementation of best practices. Best practices include, but are not limited to, participating in the Homeless Management Information System (HMIS), the Coordinated Entry System, and utilizing Housing First practices. Letters of support should not be requested for Requests for Proposal being administered by the CoC (through an Administrative Entity for the CoC or through the Collaborative Applicant for the CoC). Local CoC policies, Governance, and Written Standards for projects are available for review on the CoC website. To ensure a consistent and transparent process for the provision of Letters of Support, the CoC has established the following procedure outlined below: The CoC Officers (Chair, Vice Chair, and Secretary) have been authorized by the FMCoC to: Receive the requested Letter of Support Review submitted materials for Letter of Support Produce the Letter of Support on the CoC letterhead, signed by the CoC Chair or Vice Chair Process to Request a Letter of Support: All requests for Letters of Support from the CoC shall be emailed to the CoC's email address. Requests for Letters of Support may only be made by CoC Members in Good Standing and funding must be for use within the geographic boundaries of the FMCoC. 2. Requests should be submitted no later than 10 business days before the grant application is due to ensure adequate response time. If this deadline cannot be met, an explanation as to an emergency request should be included. 3. The following information must be included in the request: a. Email: Contact information for a response, ii. Whether the agency requesting the Letter of Support is a CoC Member in Good Standing, iii. Where the services/housing/funding will be offered/used (geographic locations), iv. Date the Letter of Support is needed, the name of funding opportunity, and the total dollars being requested, v. Whether the agency currently utilizes or will utilize the Coordinated Entry System for project referrals, vi. Whether the agency currently utilizes or will utilize the HMIS or a comparable database, vii. Whether the proposed project will be Housing First, and viii. Whether this is a renewal grant that has previously been awarded a Letter of Support from the CoC. b. Draft Letter of Support (the template is included HERE as a hyperlink and included below as Attachment A) that should, at a minimum, include: i. Name of the organization making the request and the funding opportunity ii. Project description and objective Target population and geographic area 4. The CoC will review the request and contact the agency requesting the Letter of Support if further information is needed. Once the request is complete, CoC staff will forward the request to the CoC Chair, Vice Chair, and Secretary. If approved by a majority of the reviewing Officers, CoC staff will put the letter on CoC letterhead, and the Chair or Vice Chair will sign the Letter of Support and CoC staff will return it to the agency. CoC staff will add the signed letter to the meeting packet at the next CoC Board and General Membership meetings. 6. If the request does not receive approval, an Officer will notify the requesting agency of the decision. a: There are certain conditions in which a Letter of Support may not be given. The following are examples of why a request may be denied: i. If a request is made less than ten business days before the grant application due date. ii. If the agency has lost funding through the CoC or ESG programs for poor performance. iii. If the project is for a population with which the CoC has no experience/is not a project related to homelessness. iv. If the agency refuses to adhere to CoC, State, and/or Federal policies, standards, and best practices. HMIS License Fee Waiver Requests: It benefits the FMCoC to have all projects that contribute to the annual Housing Inventory Count (HIC) entering their data into the CoC's Homeless Management Information System (HMIS). The CoC's HMIS fee schedule can be found in the HMIS policies and procedures. However, CoC Members in Good Standing may request that the CoC pay for their HMIS licenses in the following situations: The project is included in the HIC; 2. The project is not mandated to use the Coordinated Entry System or HMIS through any of its funding sources; Approval of fee waivers is subject to budget availability. Additionally, staff working on this project will need to pass the HMIS entry test and meet the local HMIS data quality standards, as well as ensure that they are responsive to annual HIC requests. For more information regarding the process to become an HMIS participating agency, please refer to the section of Agency Training in the HMIS policies and procedures Manual. Number of Licenses: A maximum of two HMIS fee waivers will be approved per project request. Each project must have at minimum of two HMIS users. Additional waivers will be considered on a case by case per request. Procedure to Request Fee Waivers for HMIS Licenses: To request that the CoC pay for a project's HMIS fees, please submit the relevant form on the CoC website under the "HMIS tab" annually. Fee waivers must be submitted each year the waiver is requested. The CoC will review the form to ensure the project meets the above criteria, there is budget for the request, and if approved, to schedule testing. 1. Submit the HMIS Fee Coverage Request Form, which can be found under the "HMIS" tab on the Fresno Madera Coc Website. A maximum of two HMIS licenses may be grantèd per request. 2. The form will be reviewed by CoC staff. If the request passes preliminary requirements, the request is sent to the Chair, Treasurer, and HMIS Administrator for approval and to verify available funding sources. 4. Upon approval, requestor will meet with HMIS Administrator to determine system needs for the project, then be scheduled for HMIS training and testing. Completing access will revert to the HMIS policies regarding testing requirements. Section 5. Preparing Applications for Funds. HUD CoC Funds: The FMCoC shall design, operate, and follow a collaborative process for the development of a CoC application to HUD. The Department of Housing and Urban Development (HUD) requires each Continuum of Care (CoC) to designate a Collaborative Applicant. The Collaborative Applicant is the eligible applicant designated by the Continuum of Care (CoC) to collect and submit the CoC Registration, CoC Consolidated Application (which includes the CoC Application and CoC Priority Listing), and apply for CoC planning funds on behalf of the CoC during the CoC Program Competition. The Collaborative Application is considered final and approved for submission to HUD after the CoC Chair, Vice Chair and Collaborative Applicant representative (and anyone else whom they designate) have reviewing the CoC application. Further details on the roles and responsibilities of the Collaborative Applicant are set forth in the Written Standards, which are incorporated into this Governance Charter in so far as they set forth those roles and responsibilities. As needed, the CoC Board has the authority to initiate a Collaborative Applicant performance review of the current Collaborative Applicant, and determine whether it will change the Collaborative Applicant or continue to designate the current Collaborative Applicant. That decision will be made and voted on at a CoC Board meeting. If the Board decides to complete this performance review, the CoC Board will do the following: Form a workgroup made up of non-conflicted CoC Board members to lead the performance review, which will include the following at minimum: Review MOU between the CoC and Collaborative Applicant and status of agreed upon work, Review CoC staffing and associated performance, o Review status and outcomes of project monitoring and performance evaluation outcomes, Review timeliness of submissions of the CoC NOFO and other reports to HUD. The designated workgroup will present the results of the Collaborative Applicant . performance to the CoC Board for consideration, along with a recommendation as to 1 https://www.hudexchange.info/faqs/2322/what-is-a-collaborative-applicant/ whether to continue to designate the existing Collaborative Applicant or procure a new Collaborative Applicant. The CoC Board will vote on the recommendation. Collaborative Applicant Selection Process: If the CoC Board determines that it needs a new Collaborative Applicant, or if the existing Collaborative Applicant decides that it does not want to continue to be the Collaborative Applicant, the CoC Board will: Form a workgroup made up of non-conflicted CoC Board members to manage the procurement process. Use a Letter of Interest (LOI) to procure a new Collaborative Applicant, The LOI does not need to be posted publicly. When considering what to include in the LOI, the CoC will consider the following: o Are they an eligible entity (described below) in good standing with HUD? Does the entity have the staffing and capacity to perform the responsibilities set forth in the CoC's Governance Charter as the responsibility of the Collaborative Applicant? o Does the entity have fiscal and grant management procedures in place to administer the CoC planning grant? This includes: adhering to required internal controls, recordkeeping policies, and timeliness requirements; preparing budgets; ensuring expenses are eligible. o Will they commit to serving the entire geographic area? o How will the CoC or entity provide Planning Grant match? After the procurement process, the CoC Board Workgroup will make a recommendation ٠, to the CoC Board and the CoC Board will vote on the new Collaborative Applicant. The CoC and Collaborative Applicant will enter into a Memorandum of Understanding for five years (or shorter if recommended by the CoC Board), and once signed, the designation will be formalized in the Governance Charter during the next round of review and updates. The FMCoC designates the Housing Authority of the City of Fresno (the "FHA" or the "Collaborative Applicant") as the Collaborative Applicant to collect and combine the required application information from all applicants for HUD CoC funding. If the FHA is unable or unwilling to serve as the Collaborative Applicant, the FMCoC may choose to designate an alternative Collaborative Applicant for HUD CoC funding by formal General Membership majority vote. Other Funding: the FMCoC designates the County of Fresno as the administrative entity to apply for, collect, receive, and distribute all grant funding that is allocated to the CoC, including but not limited to, HCD-granted ESG, Homeless Emergency Aid Program (HEAP), Homeless Housing Assistance and Prevention (HHAP), and any other relevant state or federal funding. HMIS Lead Agency and Administrator: The FMCoC shall designate a single HMIS for the FMCoC and an eligible applicant to serve as the CoC's HMIS Lead Agency. The HMIS Lead Agency selection process will mirror the Collaborative Applicant selection process described above. When possible, the Collaborative Applicant and HMIS Lead Agency should be designated to the same entity. The FMCoC designates the Housing Authority of the City of Fresno (the "FHA" or the "HMIS Lead Agency") as the HMIS Lead Agency and Administer for the CoC's HMIS. The FMCoC may choose to designate an alternative administrative entity for a specific grant program for a specific grant year by CoC Board majority vote. However, if no such vote is taken, then the administrative entity for any homeless grant program that would normally be- administered by the CoC is designated in advance as the County of Fresno. No specific vote is needed to authorize the County of Fresno to serve as an administrative entity for any grant of funding for homeless housing and/or services; all such grants within the FMCoC are presumed to be delegated to the County of Fresno unless and until the FMCoC explicitly specifies otherwise. In the event that the FMCoC is likely to lose at least $1 million in funding as a result of its inability to file grant applications using its standard procedures, the Chair or any three Directors acting together may declare a state of minor emergency. During a minor state of emergency, the Chair or any three Directors acting together may take all action on behalf of the FMCoC as if that action had been approved by both the full Board of Directors and the full General Membership, except that no amendments to this Governance Charter shall be made during any state of emergency and no minor state of emergency shall be extended beyond 15 days. Coordinated Entry Management Entity: The FMCoC will designate for the FMCoC and an eligible applicant to serve as the CoC's Coordinated Entry Management Entity. The CES Management Entity selection process will mirror the Collaborative Applicant selection process described above. The FMCoC designates Poverello House as the Coordinated Entry Management Entity. Section 6. General Membership Meetings. The FMCoC General Membership typically meets once per month. The FMCoC Board of Directors will develop a 12-month calendar of regularly scheduled meeting dates, times, and locations, which will be distributed by the FMCoC Secretary using the FMCoC website, the FMCoC listsery, and/or another form of social media at least one month in advance of the first meeting of the year. Meeting minutes, agendas, supporting documents, and any changes to the calendar will likewise be distributed to the Membership as soon as possible. General Membership meetings are open to the public. The FMCoC Chair or their designee will preside over General Membership meetings. The FMCoC Secretary or the Chair's designee will call attendance at the beginning of each General Membership meeting. Voting Members may answer "present" for their Member agency. Alternate Members may not answer "present," but instead must state their full name so that the Secretary can verify that meetings are being attended by the correct representatives. Section 7. Quorum. A quorum of fifty percent plus one (50% + 1) Member of the CoC shall be present at any regular or specially scheduled meeting in order for the CoC to engage in formal decision making. CoC Members who are conflicted from voting on certain items still count towards quorum for the vote. A CoC General Member is conflicted from voting and should recuse themselves when: They have an issue-specific conflict of interest, including: Participation in Contracts: Participating in the selection, award, or administration of a contract for funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the CoC Member or their Agency (through employment, having an ownership interest in the agency, or having a services compensation relationship with the agency) has a financial or other interest in the individual or agency selected for the award (e.g., the Member's agency is being recommended for funds). The have a general Conflict of Interest: A CoC Member or their Agency has a financial interest that compromises or could compromise the Member's independence of judgment in exercising their responsibilities to the CoC. See Section 8: Conflicts of Interest below for additional information. Section 8. Special Meetings. Special meetings of the General Membership shall be called upon the request of the Chair, Vice Chair, Secretary, or Treasurer . Notices of special meetings shall be sent out by the Secretary to the Membership at least 24 hours in advance. Members may attend and record votes at special meetings by phone, an email before the meeting, and/or videoconference. At all special meetings where any substantive matter is brought to a vote, the Chair shall arrange to either provide an option for voting by phone or videoconference, or an option for voting by e-mail, or both. If no such option is available, then the vote is not valid. Section 9. Voting Without Calling a Special Meetings In lieu of calling a Special Meeting to vote on an urgent item, a majority of the CoC Officers (Chair, Vice Chair, Secretary, and Treasurer) may review and a approve a request for a vote over email only. When the CoC Officers send an email with a request for a vote outside of a meeting, the email must be to all CoC Members on the CoC Member listserv and include: A summary of what is being voted on, along with any associated written materials for review and approval; Instructions about the manner and how to vote (i.e., over email, to vote "yes" or "no". how to abstain (a failure to respond or vote is not an abstention), and who is conflicted from voting and should abstain). The timeline for voting, which will be set by the Board of Directors and shall be no less than 24 hours. Section 10. Voting. Each Member receives one vote, and a simple majority vote of all votes cast is required for the Membership's business. A Member who abstains is not considered to have cast a vote. Article III. Board of Directors Section 1. List of Directors. The CoC shall establish a Board to act on behalf of the CoC. The Board of Directors shall consist of 10, 11, or 12 Directors, as follows: Chair Immediaté Past-Chair (if not otherwise a Director) Vice-Chair Secretary Treasurer A Representative of the Housing Authority from the county in the FMCoC's geographic area with the largest total population A Regional Representative from the County of Fresno A Regional Representative from the County of Madera A Regional Representative from the city in the FMCoC's geographic area with the largest total population A Regional Representative from the city in the FMCoC's geographic area with the second largest total population One (1) Officer at Large One Officer at Large that is Homeless or Formerly Homeless (preferably within the past 7 years). The Immediate Past-Chair position is a non-voting, non-elected, advisory position with a maximum two-year term. The four Regional Representative positions are held in an institutional capacity and are appointed by the jurisdictions every two years. If one of these Directors leaves their current employer, then the relevant jurisdiction shall promptly appoint a new Director, without the need for elections by the CoC. The Homeless or Formally Homeless Officer at Large position is appointed by the FMCoC Lived Experience Advisory Board (LEAB) every two years, without the need for elections by the CoC. Unless there are special circumstances, the appointed LEAB member should be the LEAB Chair or the Immediate Past Chair. If the appointed LEAB Officer at Large leaves the LEAB or can no longer serve on the Board, then the LEAB shall promptly appoint a new Director, without the need for elections by the CoC. The Housing Authority position is appointed by the Housing Authority from the county in the EMCoC's geographic area with the largest total population every two years. If the person delegated by the Housing Authority to serve as a Director leaves their current employer, then the Housing Authority shall promptly appoint a new Director, without the need for elections. All other Director positions are held in a personal capacity for two year terms: if a Director leaves their current employer but is still able and willing to discharge all of their responsibilities, then the Director may optionally choose to become a Member of the CoC in their individual capacity and finish out their term and/or run for re-election. If the Director is unable or unwilling to complete their term, then they may resign, and a special election will be held at the earliest convenient opportunity. Director positions do not have Alternates. No person or agency may hold more than one Directorship at a time, so when a person or agency is elected to the Chair, Vice-Chair, Secretary, or Treasurer, then their other Directorship should remain vacant. This includes agencies that have related or overlapping leadership. Though jurisdictions may have more than two CoC voting memberships, for the purposes of the Board of Directors, jurisdictions are limited to two Directorships at one time and only two jurisdictional representatives can run for a CoC Board position concurrently. Each jurisdictional representative should be from a separate jurisdictional department, which is defined as a section of a jurisdiction that is led by a department head that is either appointed by the jurisdiction's governing body or is elected by the citizens of that jurisdiction. If more than two jurisdictional representatives are nominated to run for an elected position on the Board of Directors, then the jurisdiction will be notified and requested to make an immediate determination as to which nominations to put forth on the ballot. Agencies providing system- level leadership are also required to send a non-voting representative to CoC Board meetings to provide advisory support. This includes: a representative from the HMIS Lead Agency or Administrator (if different), the Coordinated Entry Management Entity, the CoC's Collaborative Applicant, and the CoC's Administrative Entity. Changes made to this section of the Governance do not take effect until the next time Officer elections/terms of Office are up. Section 2. Term of Office. An ordinary term of office for a Director lasts for approximately two (2) years. There is one general election each year. A Director will normally be installed at one election (e.g., April 2022), then hold their seat automatically during the second election (e.g., April 2023), and then either resign or stand for re-election during the third election (e.g., April 2024). There are no term limits; Directors may repeatedly seek re- election if they remain qualified. If a Director takes office via special election, then the Director's term of office will be less than two years, their term shall run only until the next general election at which their position is scheduled to be voted on (see the below even/odd-numbered years schedule). At that general election, the Director may run for re-election as normal. Upon the completion of the Chair's term, if the Chair is not re-elected to any other Directorship, then the Chair is entitled to automatically claim a Directorship as the Immediate Past Chair. The Immediate Past Chair is not an elected or voting position. The Immediate Past Chair will serve one full term of 2 years in an advisory capacity to provide continuity to the Board. After the two-year term, the immediate Past Chair must vacate their seat. If the immediate Past Chair wishes to remain on the Board of Directors after their two-year term as Immediate Past Chair, they will need to run for and be elected to another office for which they qualify. -- / During even-numbered years (e.g. 2022, 2024, 2026), elections will be held for the Chair and Secretary. During odd-numbered years (e.g. 2023, 2025, 2027), elections will be held for the Vice-Chair, Treasurer, and Officer at Large. This schedule should be adhered to even if it causes some directors to serve a term that is unusually short or unusually long. Section 3. Qualifications for Office. All Directors must be and remain members in good standing of the FMCoC in order to run for office or maintain their office. In addition, the Vice Chair must have been a member in good standing of the FMCoC for at least two years prior (in their individual capacity, regardless if they have switched agencies during that time) to their election or appointment as Vice Chair. The Chair must have either served as Vice Chair for any period of time, or must have previously served at least one full two-year term as a Director. These qualifications are tracked by the CoC Secretary and/or Treasurer and may be temporarily waived by a two-thirds vote of the General Membership, but only if they determine that there are no viable or willing candidates who meet the qualifications. Section 4. Scheduling Elections. Each year, the Chair shall select a meeting of the General Membership at which to hold an election for the Board of Directors whose terms are expiring. The meeting should take place on, by or before the April CoC General Membership meeting. At least 28 days in advance of the meeting, the Chair will announce the date of the election, announce which positions are available to be filled, and invite interested parties to submit applications, which shall be due by the close of business five business days before the elections. At least 72 hours in advance of the meeting, the Secretary will distribute all valid applications that have been received to the General Membership for their review, and shall announce the correct date, time, and location of the meeting. Section 5. Method of Elections. At the election meeting, there shall be an opportunity for discussion of all applicable candidacies. The current Chair has discretion to determine the length and format of this discussion. Following the discussion, all General Members in good standing (see Article II, Section 3: Obligations of Membership) may cast a vote by secret ballot. The votes shall be counted and the count should be confirmed by two different Directors before being announced. After all elections have been concluded, the newly elected directors' will replace outgoing directors and immediately begin their term of service. Section 6. Filling Vacancies / Special Elections. Ordinarily, if one or more Directors' seats become vacant for any reason, the Chair shall call a special election to fill those seat(s). The date, time, method, and location of the special election shall be publicly announced at least 72 hours in advance, each Member will be entitled to one equal vote, and the special elections shall be concluded not more than 60 days after the seat(s) become vacant. Subject to these requirements, the Chair may use any format or method for the special election. If the Chair's seat becomes empty for any reason, then the Vice-Chair will automatically assume the Chair for the remainder of the former Chair's term, and the Vice-Chair position will be considered vacant. The new Chair will then call a special election as described above. Section 7. Board Meetings. Ordinarily, meetings of the Board of Directors will be held on a monthly schedule published in advance, with agendas and any scheduling changes distributed to each Director via e-mail. Special meetings of the Board may be called upon the request of the Chair or one-third of the current Directors. Notices of special meetings shall be sent in writing by the Secretary to the Board at least 24 hours in advance. Similarly, the Chair or one-third of the current Directors may call for a special vote on specific topic(s), and may offer the option for votes to be tallied via e-mail. Special votes must be announced in writing by the Secretary to the Board at least 24 hours in advance of when the votes are due. Board Meetings are not ordinarily open to the public. The CoC Board may designate non-Member attendees to regularly attend Board Meetings to provide updates to the Board, including the HMIS Lead or Administrator and the CES Management Entity, Conflict of Interest and Recusal Process. Section 8. See the CoC's Conflict of Interest Policy below. Each Fresno Madera Continuum of Care (FMCoC) Board Director, member, employee, agent, CoC lived experience representatives, LEAB or Youth Advisory Board (YAB) member, or consultant (together all listed as "member" or "members" throughout the policy) is expected to uphold certain standards of performance and good conduct and to avoid real or apparent conflicts of interest. The Conflict of Interest Policy is intended to supplement but not replace any applicable state or federal laws governing conflict of interest applicable to nonprofit and charitable organizations. A conflict of interest is a breach of an obligation that has the effect or intention of advancing one's own interest in a manner detrimental to the organization. Conflicts of interest, and even the appearance of a conflict of interest, must be avoided. Members are to conduct themselves at all times with the highest ethical standards in a manner which will bear the closest scrutiny. Members shall report possible conflicts of interest at such time as reasonably possible after the conflict arises and receive guidance from the Board on the issue, including, if necessary, recusal from participating in discussion or voting on a particular matter in which a conflict of interest exists. For any matter that involves a decision on funding for which a member is a recipient, that member must recuse themself. In order to prevent a conflict of interest, members may not: Participate in or influence discussions or decisions concerning the selection or award of a grant or ~ - . . designee shall track which Board or CoC members have conflicts of interest and help to ensure such members do not participate in discussions or decisions in which the members have a conflict. Each member must annually sign a Code of Conduct and Conflict of Interest Policy Agreement to demonstrate that the individual is aware of and agrees to abide by this policy. Any failure to adhere to the policy may result in disciplinary action. Disciplinary action may include, but is not limited to: Oral warning • Written warning Suspension Termination. The CoC Board must keep records showing compliance with code of conduct and conflict of interest requirements, including documentation of a signed policy acknowledgment by all CoC Board members. The Board will maintain any records supporting exceptions to the conflicts of interest policy as required by 24 CFR part 578.95. Section 9. Quorum. A quorum of fifty percent plus one (50% + 1) member of the currently seated Board of Directors shall be present at any regular or specially scheduled meeting in order for the Board to engage in formal decision making. Board members who are conflicted from voting on certain items still count towards quorum for the vote. Section 10. Voting. Each non-conflicted Director receives one vote, and a simple majority vote of all votes cast (51%) is required for the Board's business. A Director who abstains is not considered to have cast a vote. Section 11. Resignation, Termination, and Absences. A Director may resign from the Board, effective immediately, by transmitting their resignation in writing to the Secretary and Chair. If a Director has missed more than three (3) regular meetings during the same calendar year, including any mix of General Membership meetings and/or Board of Director meetings, then the Secretary or Chair may announce this fact at any Board meeting. If the Director is present at that Board meeting, they may briefly reply to explain their absences. If the explanation is unsatisfactory, or if the Director is not present, then the Director's seat shall become vacant after a majority vote by the remaining non-conflicted Board members. A Director may be removed for other reasons by a three-fourths vote of the remaining Directors. Section 12. Duties of Specific Directors. Directors shall fulfill responsibilities as set forth below: The Chair: the Chair shall convene and preside over meetings of both the Board of Directors and the General Membership. • The Vice-Chair: the Vice-Chair shall maintain a list of the chairs, and meeting times of each Standing Committee and shall encourage each Standing Committee to meet on a . regular basis. The Vice-Chair shall preside over meetings when the Chair or the Chair's designee is not available. The Secretary: the Secretary, along with the Treasurer, shall maintain a list of the membership (including the members in good standing) and shall be responsible for keeping records of actions of both the General Membership and the Board of Directors, including overseeing the taking of minutes, sending out meeting announcements, distributing copies of minutes and the agenda, and assuring that all records are maintained. The Secretary manages the CoC Member application process, including assisting with approved Member excused absences. The Secretary shall preside over meetings when neither the Chair nor the Vice-Chair is available. The Treasurer: the Treasurer, along with the Secretary, shall maintain a list of the ۰ membership (including the members in good standing) and shall arrange for the funds of the CoC to be securely deposited, shall prepare an annual budget, and shall make financial information available in response to all legitimate requests. The Treasurer manages the CoC Member dues process with the Secretary. The Treasurer manages the stipend policies, attendance tracking, and stipend payments for the FMCoC LEAB. The Public Housing Authority (PHA) Representative: PHAs are a critical partner in a • community's effort to end homelessness, and their participation in a CoC is and in local decisions about addressing homelessness are essential to its success. The Housing Authority representative shall serve as a main point of contact for CoC outreach and communication to PHAs and will provide expertise on CoC-PHA joint funding applications. The Immediate Past Chair: The Immediate Past Chair shall provide continuity to the ٠ Board of Directors and shall assist the other Directors in carrying out their duties. The Immediate Past Chair is an advisory position and does not vote. • The Officer at Large: The Officers at Large shall assist the other Directors in carrying out their duties. The Officer at Large that is Homeless or Formerly Homeless: will assist the other Directors in carrying out their duties; will provide lived expertise to the Board for Board decision-making; will lead the lived experience "feedback loop" between the Board, the CoC, and the LEAB by reporting out to the CoC Board and General Membership regarding LEAB feedback, LEAB meetings, and other LEAB initiatives. The Regional Representatives: The Representatives shall assist with the Point-in-Time Count for their region and shall assist the other Directors in carrying out their duties. The Representatives will also communicate the views of the CoC to their respective jurisdictions, advocate for the CoC's policies on homelessness, and keep the CoC informed about developments in their jurisdictions that affect homeless programs. If one or more of these duties shall be assigned to any employee or contractor who may be hired by the FMCoC, then the Director who is responsible for those duties shall instead be responsible for communicating with the employee or contractor and ensuring that the employee or contractor performs those duties satisfactorily. Article IV. Committees Section 1. Delegation of Authority to Standing Committees. A Standing Committee must have a fixed topic, a fixed meeting schedule, a fixed membership, and must be chaired or co-chaired by a Member of the CoC, Standing committees shall be reviewed as part of the annual review of the Governance Charter. The General Membership and/or the Board of Directors, by formal motion, may delegate some or all of their authority by creating Standing Committees. The motion that delegates the authority must clearly specify what the Committee. is responsible for. A Committee that has received a grant of authority may conduct business within its scope without the need for approval of the delegating body. For example, if the General Membership delegates authority over all Coordinated Entry matters to the Coordinated Entry Committee, then the Coordinated Entry Committee can revise its policies and procedures or draft a participation agreement without seeking further approval from the General Membership. Standing Committees may have their own Bylaws and will elect their own Chairs (and other Officer positions, as described in the Committee Bylaws). The Committees will also set their own meeting schedule and Officer terms, but if they do not, Committee Chairs and Officers should be elected for two-year terms. Section 2. Membership of Standing Committees. Committee Chairs will work with the CoC membership to recruit Fixed Committee Members ("Fixed Members") who will attend meetings regularly, count for quorum purposes, and vote (either on recommendations to be made to the CoC or for decision-making, depending on the grant of authority of the Committee from the CoC). Unless the individual Committee Charters/Bylaws say otherwise, the Fixed Membership of the Coordinated Entry Committee will be made up of one member of each Coordinated Entry- Mandated agency (defined in the CES policies and procedures). The Fixed Member does not need to be the same designated person each meeting, but each agency should come to the CES and HMIS meetings knowing who their Fixed Member is for voting purposes for each meeting. Fixed Members (other than for the FMCoC LEAB) are also required to be FMCoC Members in good standing. Since Standing Committees report to the CoC. and CoC Board, the CoC Board has the authority to approve, deny, or, remove Fixed Members and/or Committee Officers. Reasons include, but are not limited to, when Fixed Members are not meeting the qualifications outlined in this section or requirements listed in the Committee's own Charter/Bylaws. Committees will be open to all who are interested in attending. Fixed Members: To be in good standing and considered part of the Fixed Membership of a Committee, a Fixed Member must attend at least 75% of regularly scheduled Committee meetings within the past 12 months, unless the Committee's Bylaws have different requirements. There may only be one Fixed Member per agency on each Standing Committee. The Committee Chair and any other Committee Officers count towards the Fixed. Membership. Each Committee must have at least one FMCoC Board of Director as either a Committee Officer or Fixed Member. Fixed Members will be accepted onto the Committee on an ongoing basis throughout the year. The CES and HMIS Committee Fixed Membership are clearly defined in this Charter, but the Fixed Members can otherwise be selected using any election process outlined in the Committee's bylaws/Charter. Section 3. Standing Committee Meeting Procedures. Other than for the FMCoC LEAB, Standing Committee meetings are open to the public. Committee Chairs will make agendas available to the Fixed Members and post the agenda publicly on the CoC website at least 72 hours in advance of the Standing Committee meeting. Chairs will provide meeting summaries to Fixed Members within three weeks of the Standing Committee meeting and will post-meeting summaries on the CoC website. A quorum of fifty percent plus one member (50% + 1) of the Fixed Membership of the Standing Committee shall be present at any meeting in order for the Committee to engage in formal recommendation or decision-making; Standing Committee Officer or Chair Responsibilities. The Officers or Section 4. Chair is responsible for: Coordinating and leading Committee meetings, including roll call of Fixed Members for votes: Conducting outreach to the CoC Board, General Membership and those with lived experience to create a Fixed Membership; Making Committee recommendations to the CoC Board and General Membership; Tracking or delegating tracking of Fixed Member attendance, active participation and ensuring a quorum of Fixed Members is obtained for each Committee meeting; Scheduling and sending an annual meeting calendar to Fixed Members and for posting it on the CoC website. Providing written agendas in advance to Fixed Members and for posting them on the CoC website. Sending meeting summaries to Fixed Members and for posting them on the CoC website. Providing regular written or oral reports, as requested, to the CoC Board and/or General Membership. Modifying a Committee's Authority. Standing Committees and Section 5. workgroups are overseen in all regards by the CoC. By simple majority vote, the General Membership and/or the Board of Directors may edit or recall part or all of the authority that they have granted to a Standing Committee at any time and for any reason. Similarly, a simple majority vote of the General Membership and/or Board of Directors may overrule or cancel any action taken by a Committee. \_ , Section 6. Ad Hoc Workgroups. Groups of FMCoC Members, Directors, and/or the general public may be gathered from time to time to consider various policies, make
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Incentives to landlords for existing and future supportive housing units, emergency shelters, and navigation centers;
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Homeless outreach and coordination;
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Navigation centers at CAPMC through CAPMC's already-existing HELP Center and funding to work with the Madera Rescue Mission.24 The very fact that these agreements were entered into with CAPMC reduced or outright eliminated the possibility of duplication of services since these services largely integrate and allow CAPMC to increase their ability to provide such services through its HELP Center, further confirming the fact that it is the "one-stop shop" and hub contemplated since its creation for helping individuals and families in Madera County that are homeless or at-risk of becoming homeless. It is likewise consistent with the stated goals of the CoC Program and Coordinated Entry System that other federal, state and local funding sources, as well as all funding sources that are administered through the CoC, participate in the Coordinated Entry System to promote efficiency in the delivery of homeless services and avoid risk of duplation.25 None of this work duplicates the work of other Madera County employees or any other federal, state or local agencies. It is complimentary and highly collaborative with other work being done, particularly with Madera County Behavior Health. It also provides funding to identify those who are in need of services through the Coordinated Entry System and companion state funding. This Grand Jury finding is not accurate and its recommendation will not be implemented by CAPMC as it is not considered warranted or reasonable. Copies of the agreements dated July 11, 2023 and January 9, 2024 are attached as Exhibit G. FMCoC Governance Charter at . {01498/0000//734817.DOCX} MOTSCHIEDLER, MICHAELIDES, WISHON, Brewer & Ryan, LLP Mr. Kenneth Bowman ATTORNEYS AT LAW Hon. Michael Jurkovich Madera County Grand Jury July 1, 2025
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R1Make it clear, when making public statements or speaking to the media on CoC matters, whether you are speaking in your own name/agency or if the CoC has empowered you to speak on the group's behalf. K. Be an ambassador in the community on behalf of the collective impact effort to end homelessness in Fresno and Madera Counties. L. This code of conduct also prohibits retaliation against any person who makes a complaint about a CoC Member's professional behavior. M. Violations of any provision of the Code of Conduct may result in appropriate disciplinary action by the CoC Board, which may include censure, removal of CoC Membership, permanent disqualification from holding current or future CoC positions (or Standing Committee or CoC Board positions/Fixed Memberships). , Code of Conduct and Conflict of Interest Policy Agreement ______, am a Board member director / member/ employee / agent/consultant / COC lived experience representative / LEAB / YAB member (circle one) of the FMCoC and in that position, I have read and understand the Code of Conduct and Conflict of Interest Policy of the Board and Lagree to uphold these standards of performance and good conduct and to avoid real or apparent conflicts of interest. I will not participate in or influence discussions or decisions concerning the selection or award of a grant or other financial benefit to an organization that I have a financial or other interest in or represent, except for the FMCoC itself. Organizations that I or any member of my immediate family or partner2 have a financial or other interest or a tangible personal benefit in are: If and when such discussions or decisions occur and a conflict arises, I will inform the FMCoC of my conflict and excuse myself from the meeting or deliberations during those discussions. I will not solicit and/or accept gifts or gratuities on behalf of the CoC by anyone for my personal benefit. in excess of minimal value. I will not engage in any behavior demonstrating an actual conflict of interest or giving the appearance of any such conflict. I will not engage in unethical business practices or conduct that violates the law, including any payments for illegal acts, indirect contributions, rebates, and bribery. Lunderstand that any failure by me to comply with this code of conduct or conflict of interest policy. could result in disciplinary action, which may include termination of my position from the CoC and civil and/or criminal penalties. Generally you are required to report your community property share (50%) of your spouse's or registered. domestic partner's salary. List their employer's name as the source of income. A spouse or registered domestic partner's government salary is not reportable (e.g., spousé is a teacher at a public school). () 1 1 . Lhave read and understand and agree to abide by the Code of Conduct. Name [printed] , . . . . . . . . . . . . . . . . . . . . Signature Date (______________________________________ () EXHIBIT B Funding for Homeless Housing and Services in Madera County Congress Congress allocates funds to federal agencies through a comprehensive budget process. Department of Housing and Urban Development (HUD) HUD receives funding for its programs, one of which is the Continuum of Care Program (CoC). Fresno Madera Continuum of Care on Homeless (FMCoC) FMCoC is one of the 400+ Continuum of Care (CoC) across the United States. FMCoC receives CoC funding for Madera and Fresno Counties. FMCoC Opens Applications for Agency Projects Agencies across Madera and Fresno Counties apply for the available funding. The majority of these funds are used for the operations of existing projects. FMCoC Reviews Applications and Ranks Projects FMCoC scores the submitted applications and organizes projects by tiers and ranks. This process determines the order in which projects receive funding. If Awarded, Agencies Receive Funding for its Projects. Agencies receive funding for the operations of its projects. The CoC funding for 2024-2025 will start being received by agencies in November 2025. - ' Fresno Madera Continuum of Care &MC2 Coordinated Entry System Access Sites: 2) Diversion and/or linkage to the start of Diversion: Family or Individual homeless verification Provide linkage to a self- experiencing a housing resolution option or an available crisis and appropriate Prevention Program (signs appear where diversion is performed) HOLOGOGO COCO NO COCO COCO COCO COCO COCO C 3 Assessment - System Entry: Identified and trained Assessors will enter Assessments into a database/ By Name List Outcome: Prioritization/Navigation: Self Resolved S DOOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR COLOR The client is prioritized based through diversion on the outcome of the outside of CES assessment and is assigned a Matching & Referral: process navigator Navigator submits a Match Form once client is document ready. Matcher refers client to appropriate housing intervention Placement: Client is placed in an 30300000000000000000000000000000000000 available appropriate housing intervention THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS OF THE PROCESS and up the county of Fresh Department of Scred Sources ()
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R2Engaging jurisdictions to increase affordable housing and reduce barriers to housing development within the CoC's geographic area. This includes engaging in advocacy within the FMCoC or to the State regarding reforming zoning and land use policies to permit more housing development or reducing regulatory barriers to housing development.
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R3Engaging in advocacy as otherwise specified or encouraged by HUD or in future HUD CoC NOFOs. CoC Members in Good Standing may request that the CoC issue letters or statements regarding other advocacy positions. These requests should be made to the CoC email address, and should include: ’گؤیے A brief summary of the issue; How issuing the letter or statement aligns with the CoC's purpose (outlined in Section 2.
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R4telephone calls with sexual overtones
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R5gender-based insults or jokes causing embarrassment or humiliation repeated unwanted social or sexual invitations
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R7inappropriate or unwelcome focus/comments on a person's physical attributes or appearance Bullying: Bullying consists of behavior to attack and diminish another by iv. subjecting the recipient to unjustified criticism and trivial fault-finding, humiliating the recipient (especially in front of others), and/or ignoring, overruling, isolating and excluding the recipient. Poisoned environment: A poisoned environment is characterized by an activity ν. or behavior, not necessarily directed at anyone in particular, that creates a hostile or offensive environment. Examples of a poisoned environment include but are not limited to: graffiti, sexual, racial or religious insults or jokes, abusive treatment of a member, and the display of pornographic or other offensive material. Physical violence or perceived harassment by a member should be reported to νi. the CoC Officers. G. Abide by the CoC's Conflict of Interest policy, recusing yourself from decisions as appropriate. H. Protect the security of any confidential information provided to, or generated by, the activities of the CoC.
Conclusions 7
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CL1inappropriate or unwelcome focus/comments on a person's physical attributes or appearance Bullying: Bullying consists of behavior to attack and diminish another by iv. subjecting the recipient to unjustified criticism and trivial fault-finding, humiliating the recipient (especially in front of others), and/or ignoring, overruling, isolating and excluding the recipient. Poisoned environment: A poisoned environment is characterized by an activity ν. or behavior, not necessarily directed at anyone in particular, that creates a hostile or offensive environment. Examples of a poisoned environment include but are not limited to: graffiti, sexual, racial or religious insults or jokes, abusive treatment of a member, and the display of pornographic or other offensive material. Physical violence or perceived harassment by a member should be reported to νi. the CoC Officers. G. Abide by the CoC's Conflict of Interest policy, recusing yourself from decisions as appropriate. H. Protect the security of any confidential information provided to, or generated by, the activities of the CoC.
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CL2Submit the HMIS Fee Coverage Request Form, which can be found under the "HMIS" tab on the Fresno Madera Coc Website. A maximum of two HMIS licenses may be grantèd per request.
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CL3Requests should be submitted no later than 10 business days before the grant application is due to ensure adequate response time. If this deadline cannot be met, an explanation as to an emergency request should be included.
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CL4The following information must be included in the request: a. Email:
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CL5The CoC will review the request and contact the agency requesting the Letter of Support if further information is needed. Once the request is complete, CoC staff will forward the request to the CoC Chair, Vice Chair, and Secretary. If approved by a majority of the reviewing Officers, CoC staff will put the letter on CoC letterhead, and the Chair or Vice Chair will sign the Letter of Support and CoC staff will return it to the agency. CoC staff will add the signed letter to the meeting packet at the next CoC Board and General Membership meetings.
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CL6gender-based insults or jokes causing embarrassment or humiliation repeated unwanted social or sexual invitations
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CL7If the request does not receive approval, an Officer will notify the requesting agency of the decision. a: There are certain conditions in which a Letter of Support may not be given. The following are examples of why a request may be denied: i. If a request is made less than ten business days before the grant application due date. ii. If the agency has lost funding through the CoC or ESG programs for poor performance. iii. If the project is for a population with which the CoC has no experience/is not a project related to homelessness. iv. If the agency refuses to adhere to CoC, State, and/or Federal policies, standards, and best practices. HMIS License Fee Waiver Requests: It benefits the FMCoC to have all projects that contribute to the annual Housing Inventory Count (HIC) entering their data into the CoC's Homeless Management Information System (HMIS). The CoC's HMIS fee schedule can be found in the HMIS policies and procedures. However, CoC Members in Good Standing may request that the CoC pay for their HMIS licenses in the following situations: The project is included in the HIC;
Comments 9
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CO1TERM. To begin January 1, 2024, and end June 30, 2027, unless sooner terminated.
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CO2SCOPE OF SERVICES. CONTRACTOR will provide housing outreach services as set forth in the Scope of Services attached hereto as Exhibit "A," and incorporated herein by reference. These services will be provided to Madera County residents.
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CO3INCORPORATION OF MASTER AGREEMENT. Madera County Master Contract No. 003, found at https://www.maderacounty.com/i-want-to/view-county- master-contracts, is incorporated herein by references as if fully stated. CONTRACTOR shall adhere to all general terms and conditions of Master Contract No. 003.
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CO4COMPENSATION AND COSTS. COUNTY shall pay CONTRACTOR for services performed pursuant to this Agreement as set forth in the Round 4 Budget Template, attached hereto as Exhibit "B," and incorporated herein by reference. Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval so long as the total expenditures (actual and projected) for each eligible use category remain the same as described in the budget. Any increase or decrease in the total expenditures for any eligible use category must otherwise be approved by COUNTY, in writing before the CONTRACTOR can expend funds according to an alternative budget. Funding is subject to funds available to the COUNTY under the HHAP-4 Grant.
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CO5NOTICES. Notices required by this Agreement shall be in writing and shall be effective upon personal service or deposit in the mail, postage prepaid and addressed as follows: COUNTY CONTRACTOR Jessica Leon Community Action Partnership Madera County Administration of Madera County, Inc. 200 West 4th Street 1225 Gill Avenue Madera, CA 93637 Madera, CA 93637 With Copy to Karen Scrivner, Clerk of the Board Madera County Board of Supervisors 200 West 4th Street Madera, CA 93637
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CO6INSURANCE. CONTRACTOR shall maintain the following insurance: General liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per incident and Two Million Dollars ($2,000,000.00) aggregate, with additional-insured certificate; professional (malpractice) liability insurance with minimum limits of One Million Dollars ($1,000,000,00) per incident and Three Million Dollars ($3,000,000,000) aggregate; worker's compensation insurance as required by law. .∏∗ IN WITNESS WHEREOF, the foregoing Agreement is executed on the date and year first above-written. COUNTY OF MADERA ATTEST: Chairman, Board of Supervisors asen Clerk, Board of Supervisors COMMUNITY ACTION PARTNERSHIP OF MADERA COUNTY, INC. Mattu Approved as to Legal Form: By: COUNTY COUNSEL Digrally a gred by Lauria Avedisian-Farine Laurie DN: CN . Laure Avedrisa-Faviri emad .. Mattie Munder By Avedisian-Favini Date: 2023.12.05 14.11 20-05'00'. (Print Name) Brecutive Director Title: ACCOUNT NUMBER(S) . 01246\027\AGT\4895-7611-1509.PDF , • • EXHIBIT "A" Exhibit A Scope of Work - HHAP IV The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code Section 50219, subdivision (c) (1) - 8, and any other applicable laws. Eligible uses include the following:
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CO7Prevention and shelter diversion to permanent housing:
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CO8Navigation centers at Community Action Partnership of Madera County, Inc., Homeless Engagement for Living Program (HELP) and emergency shelters at Madera Rescue Mission (MRM) based on demonstrated need to pay for salaries related to Housing Coordinator, Homeless Case Worker/sand Outreach Worker, Demonstrated need for purposes of this paragraph shall be based on the following:
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CO9Youth set aside is 10% of the total funding affocation (0.10 * $346,709.12) equaling $34,570.91 and has been divided among the Rapid Rehousing, Operating Subsidies, and Street Outreech Eligible Use Categories. Administrative costs are 7% of the total funding (0.07.* $946,709.12) equaling $24,269.64. This total has been divided up evenly for each of the program years.
* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.