1. Definitions
Treasury means HSC as Community Financial Service with the area of the petition within the United States as an alternative charter and unit of government assistance.
The Board means the Incorporation Association members within Private and Public Trust agreements with areas of service.
Constitution means the Constitution within any State of the United States of America
District means a local governmental subdivision.
Legislative Government means the political governing body of a city, county, parish, nation, state, or community.
State of services means any state or the Board service area that has incorporated the Grant Facilitation Act 2024 has elected to provide grantmaking services to commissioning clients.
2. Authority to Adopt
The Act was made, accepted, and affirmed by each fiduciary Incorporated Associate adopted herein as the “Board” acting collectively as public authority who operates locally under electoral Interstate Constituents, national under the United State Constitution, and globally under the International under Bill of Human Rights as Universal Declaration of Human Rights. The Act shall be the guiding principle of operations for the Board unless resigned otherwise by the Board.
Each Fiduciary shall be incorporated, situated, and have jurisdiction entirely within the boundaries of the local governmental subdivisions of any County, Parish, City, township, village, borrow, or subdivision in with the State Jurisdiction and constitution globally under international laws of that electoral rules.
3. Initial Adoption
The Board has adopted the Act initially within the State of Louisiana that is a classified civil service, that is situated and has jurisdiction entirely within the boundaries of the local governmental subdivisions of any Parish, City, township, village, borrow, or subdivision in with its Interstate Constitution.
4. Petition to Elect the Board
The Board shall call special or qualified primary election rules to elect this Board when presented with a petition signed by not less than ten percent of the electors or ten thousand electors, whichever is fewer, who live within the boundaries of the affected subdivision, as certified by the registrar of voters.
5. Adoption; Amendment; Repeal
The Board shall be adopted, amended, or repealed when approved by a majority of the electors voting thereon at an election held for that purpose.
6. Adoption by Two or More Local Governmental Subdivisions
The Board may be adopted by two or more local governmental subdivisions within the boundaries of one governmental division as its commissioner under the Constitution if approved by a majority of the electors in each affected local governmental subdivision voting thereon in an election held for that purpose.
The legislature shall provide by law the method of appointment or election of a commission to prepare and propose the Board consistent with Authority to Adopt and the method by which the electors may petition for an election consistent with Petition to Elect. At least one member of the commission shall be elected or appointed from each affected local governmental subdivision.
6. Structure and Organization; Powers; Functions.
The Board shall provide the structure and organization, powers, and functions of the government of the local governmental subdivision, which may include the exercise of any power and performance of any function necessary, requisite, or proper for the management of its affairs, not denied by general law or inconsistent with the State and National Constitution.
(a) Additional Powers and Functions.
Except as prohibited by the Board, a local governmental subdivision adopting the Board shall have the additional powers and functions granted to local governmental subdivisions by provisions of the constitution.
(b) Sovereignty
The Board has the sole and exclusive right of self-governing and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining and delegated within the United States of America; not inconsistent with constitution or legislation laws within the United States and Interstates.
Section 3. Establishment
Under provisions of the Act, the Board is established by the will of all Incorporated Association and the Board collectively as an Association.
7. Limitations
The Board shall be an oversight body for Program Related Investments and that shall serve to provide guidance checks and balances to the Board and special district administration. The Board shall have no power to expend governmental public funds, enter into contracts, or otherwise place obligation or liability upon the district unless agreed on by the public body election by petition or vote.
8. Creating Bylaws
It shall be the responsibility of the Board, upon the advice and direction of the Chairman or third-party agent, and upon any direction given by the Board, to establish and amend any bylaws. This bylaw shall be observed by the Board’s standing rules.
9. Purpose
The Purpose of the Board and the Act is to ensure that Act remain faithful to the scope of work approved by community voters. The Act will be overseen by the Board.
10. Responsibilities
To accomplish its purpose, the Board shall have the following responsibilities:
1. Provide a written report and any recommendations for corrective actions to the Board on the overall implementation of bond programs. The report is presented orally and/or in writing twice each year, and provides feedback and issues related to staff’s presentation to the Fund on the following topics:
- Overall budget status
- Project quality and schedule
- Contingency
- Stakeholder satisfaction
- Utilization
- Any proposed substantive changes
- Issues and risks
- Communication strategies and methods
2. Utilizing the report to provide perspective on key decisions and actions that have been taken by staff and the Board since the last report submitted to the Board.
3. Maintaining a record of work and findings to inform the Board should another bond election be undertaken.
4. Reviewing information from staff on expenditures of bond funds, and on the timelines and progress of the bond programs.
5. Working with staff in assessing the levels of satisfaction of key stakeholders with the quality of work and rating of customer service.
6. Reviewing and evaluating the survey results provided by contractors.
7. Evaluating any proposed changes to the individual scope of work to the voter-approved bond programs and communicating any noted concerns to the Board.
11. Conflict of Rules
In case of conflict between the Act and any of the Board, as adopted by the Board or its committees, the latter shall prevail in all matters as to which the Board is empowered by hearing that shall be mandated by the Chairman to make Rules.
12. Hearing
(a) Selection and Appointment of Hearing Officer
Except for consolidated appeals, the procedure for the selection and appointment of a Hearing Officer shall be as follows:
- Within five (5) business days from the date the Board grants or orders a hearing or hearing de novo and assigns the matter to a Hearing Officer, the Executive Director shall select a number of available Hearing Officers equal to the number of parties plus one and mail the list of names to each party or the party’s representative of record.
- Each party shall have five (5) business days from the date of mailing of such list to file with the Board a written rejection of no more than one name on the list. Any party filing a notice of rejection shall mail a copy of such notice to all other parties.
- After expiration of the five (5) business-day period prescribed in (b) above, the Executive Director shall appoint, if more than one name remains, one of the remaining persons on the list whose name was not properly rejected.
- Written notice of appointment of the Hearing Officer shall be given to all parties and to the Hearing Officer by the Executive Director.
(b) Scheduling of Hearings
The first day of the hearing should be scheduled no later than forty-five (45) business days after the appointment of the Hearing Officer.
(c) Exclusions of Witnesses
The Board or the Hearing Officer may, at its discretion, exclude witnesses not under examination, except the petitioner or person involved, the appointing power or an authorized representative, and counsel or other advocate. When hearing testimony of scandalous or indecent conduct, all persons not having a direct interest in the hearing may be excluded.
(d) Failure to Appear
Failure of a party to appear at a hearing may be cause for a finding in favor of the opposing party or the matter being deemed withdrawn.
(e) Subpoenas
Any party seeking to compel the attendance of witnesses, or the production of documents shall serve a subpoena on the prospective witnesses or custodian of the documents, with a copy to the opposing party or that party’s representative, no later than ten (10) business days prior to the date of a scheduled hearing for which the attendance of the witness or document is needed. Any motions to quash a subpoena must be filed with the Board and opposing party no later than five (5) business days prior to the same date of the scheduled hearing.
(f) Continuances
The Board or Hearing Officer may grant a continuance of any hearing upon such terms and conditions as it may deem proper, including in its discretion the condition that the petitioner shall be deemed to have waived salary for the period of the continuance. Any requests for continuances shall be in writing and filed with the Board. Such requests shall only be granted upon a showing of good cause. Absent extraordinary circumstances, a matter should be continued only once and for no more than fifteen (15) business days.
(h) Consolidated Appeals
The Board may consolidate the appeals of two or more persons at the request of the parties or upon its own motion. The consolidation of appeals shall be contingent upon a showing that the appeals in question present common questions of fact and law, and that separate hearings upon such appeals would result in an unnecessary multiplicity of hearings.
Nothing herein shall be deemed to amend the provisions of the rules concerning the burden of proof or the granting of a hearing upon submission of written materials as provided in the Rules. Any petitioner whose matter would otherwise be included in a consolidated appeal hearing shall have the right to appear before the Board and request that the matter be heard separately. Such a request must be made within ten (10) business days of the Board’s granting of the hearing.
The Executive Director shall appoint a Hearing Officer to hear consolidated appeals. The Executive Director may appoint a Special Master to hear consolidated appeals in discretionary cases related to examination appeals.
(i) Disclosure of Other Actions
A petitioner or their representative must inform the Board of any action brought before any court, commission, or other public body relating to the subject matter of their petition, including the date such action was filed. Such disclosure must accompany the petition. If such action is initiated at any stage in the proceedings subsequent to the filing of the petition, the petitioner or the petitioner’s representative must inform the Board immediately, in writing.
(j) Conduct of Persons at Hearing
It is improper for any person at a hearing to:
(a) Insult, intimidate or behave discourteously to the Hearing Officer, any party, any witness or any other person attending the hearing.
(b) Display boisterous conduct or commit any kind of disturbance.
(c) Bring signs, posters, or large objects into the hearing room without the prior approval of the Hearing Officer.
(d) Participate in any demonstration tending to disrupt the orderly conduct of the hearing; or
(e) Interfere with the orderly course of a hearing.
(k) Authority of Hearing Officer
If the conduct of an advocate or counsel is in violation of Rule 5.09, the Hearing Officer, at the Hearing Officer’s discretion, may formally warn the offender or suspend the hearing. In either case, the Hearing Officer shall file a written report to the Board describing the behavior and action taken.
The Board, after receiving the report and after allowing the offender an opportunity to respond to the allegations set forth in the report, may, depending on the severity of the action, and the frequency of its occurrence:
(1) Suspend the advocate or counsel from the particular hearing and resume the hearing with another advocate or counsel of the affected party’s choice;
(2) Suspend the advocate or counsel from appearing at any Hearing, for either a given period or for an indefinite period, and resume the hearing with another advocate or counsel of the affected party’s choice;
(3) Formally warn the offender, and resume the hearing; or
(4) Take no action and resume the hearing.
If the petitioner’s disruptive behavior, in violation of Rule 5.09, persists after warning, upon recommendation of the Hearing Officer, the Board may deem the appeal withdrawn.
If a witness refuses to testify, or a witness’ conduct is in violation of Rules; the Hearing Officer may suspend the hearing. Any party may seek an order from the Superior Court that directs the witness to cooperate or be in contempt of the court.
Any person not involved in the hearing may be excluded by the Hearing Officer for any conduct in violation of the Rules
If there is any delay due to conduct in violation of the Rules on the part of the petitioner or petitioner’s advocate or counsel, the petitioner may be deemed to have waived salary for that period of time.
If there is any delay due to conduct in violation of the Rules on the part of the respondent or its advocate or counsel, the respondent may be deemed to have waived any of its rights in the proceeding and judgment may be rendered in favor of the petitioner.
(l) Remote Hearings
In the event of a natural disaster, public health crisis, war, act of terrorism, or another catastrophic event, including the declaration of a national, state, or local emergency proclaimed by the President of the United States, Governor of the State of services or appropriate local official(s), in order to provide timely access to justice and protect the health, safety, and welfare of hearing officers, the Board and its personnel, witnesses, and other members of the public, the Board may require hearings to be conducted remotely. If circumstances necessitate, a hybrid of both remote and in-person hearings may be imposed.
Conducting hearings remotely includes, but is not limited to,
(a) The use of video, audio, and telephonic means for remote appearances.
(b) The electronic exchange and authentication of documentary evidence;
(c) Electronic filing
(d) Electronic service; and
(e) The use of remote interpreting, remote reporting, and electronic recording to make the official record of a hearing.
(m) Waiver of Procedural Rule The Board may waive by the Board and consent of the parties any Procedural Rule that is not required by the Hearing.
(n) Tolling of Time Whenever the time for any action to be taken pursuant to these Rules falls on a weekend or holiday, the time will be tolled until the next business day.
13. Terms of Office
Each member of the Board shall be appointed for a 10-year term and shall serve until a successor is appointed and qualified. Any vacancy on the Board shall be filled by the Board of Supervisors for a full four-year term beginning on the date of appointment. Each member shall be an elector of the service area. The Board of Supervisors by a four-fifths vote of all the members may remove a member of the Board during his or her term of office, but only upon stating in writing the reasons for such removal and allowing such member an opportunity to be publicly heard in his or her own defense.
14. Compensation
For each day during which he attends an official meeting of the Board, each member shall be entitled to receive compensation at the rate of the Compensation Agreement, not to exceed sixty-five days in each fiscal year. A Member shall receive no compensation for service as a hearing officer; service on a hearing board; or for preparing a written report based on such hearing.
