Legal Dos and Don’ts

1. Legal Dos and Don’ts Drew Carberry, Director Faith & Communities Engaged in Service National Crime Prevention Council

2. Overview of FBCI • Work of Faith-Based Organizations Not New • Executive Orders • White House Office for Faith-based and Community Initiatives • Cabinet Level Faith-Based Centers • Purpose: • Leveling the Playing Field National Crime Prevention Council

3. FBCI: National Overview The Faith-Based and Community Initiative’s (FBCI) intent is to level the playing field for community organizations (secular and faith-based) to partner with the federal government. • In January 2001, President Bush signed executive orders requiring five agencies to set up offices to respond to this initiative. In December 2002, he added two additional agencies. • The current federal agencies with FBCI centers are Agency for International Development, Agriculture, Commerce, Education, Health and Human Services, Homeland Security, Housing and Urban Development, Justice, Labor, Small Business Administration and Veterans Affairs. National Crime Prevention Council

4. FBCI: National Overview • Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Section 104 (Charitable Choice) – Charitable Choice widens the ability for faith-based providers to use federal funds in providing welfare service, while maintaining their own integrity and autonomy • Supreme Court: Zelman v. Simmons-Harris 2002 upheld and strengthened the government’s ability to engage faith-based service providers. National Crime Prevention Council

5. FBCI: Goals for 2005-2006 Goal One:Meet human needs through diverse, high-quality service programs by empowering communities to recruit volunteers to assist with the mentorship of children of inmates and ex-offenders upon reentry. Goal Two:Continue to remove barriers and (create equal access for FBCI’s) level the playing field with emphasis on modeling at the state commission (Governors’ FBCI) and city partnership levels. Increase private sector leverage to sustain and strengthen grassroots initiatives. Goal Three: Increase service programs and participants in faith-based and other community-based organizations. National Crime Prevention Council

6. Legal Do’s: What’s Okay?Summary of Legal Analysis • Direct financial support from federal agencies to faith-based organizations is permitted for secular activity • Indirect support (vouchers, beneficiary choice) is allowed as long as there is a genuine, independent choice among religious and secular options • Faith-based organizations are permitted to retain their religious identity National Crime Prevention Council

7. Legal Do’s: What’s Okay?Summary of Legal Analysis • Faith-based organizations are generally exempt from employment discrimination based on religion • Federal funds can pay for staff’s time so long as that time is not being used for religious instruction, worship, or proselytization • Services provided are available to everyone National Crime Prevention Council

8. Legal Do’s: What’s Okay?Helpful Hints for FBOs • Separate religious and secular (federally funded) activities by space and/or time • Create separate bank accounts for federal or government funding for secular activities • Anticipate how to handle potential conflicts or issues that might arise related to the specific program or activity National Crime Prevention Council

9. Legal Do’s and Don’ts: Inherently religious activities may not include… • Religious instruction • Religious worship • Religious proselytization National Crime Prevention Council

10. Ways FBOs can help: • Meeting Space • Communication/Education Dissemination • Coalition Member • Sponsor alcohol free activities for youth • Volunteers • Consistent messages from pulpit, activities • Parent training • Accountability/Expectations National Crime Prevention Council

11. Partnerships • Partnering with CNCS programs can be valuable resource for smaller organizations • Can help implement projects or ideas that require special funding or assistance • Resources are available to FBOs and CBOs interesting in applying for CNCS funding National Crime Prevention Council

12. National Crime Prevention Council

13. National Crime Prevention Council

14. Course is interactive National Crime Prevention Council

15. http://nationalserviceresources.org National Crime Prevention Council

16. “What Should I Do Next?” • Visit the website and sign up for FBCIList • www.nationalservice.gov • join-fbcilist@lists.etr.org • Find your local partners • All are asked to leverage volunteers • All are asked to work with faith-based and community organizations

17. CONTACTSState CommissionsCNCS State Program Office(federal)State Program Director Faith-Based and Community InitiativesAlison Fritz, Directorafritz@cns.gov

18. Resources • White House Office of Faith-Based and Community Initiatives http://www.whitehouse.gov/government/fbci/ • Corporation for National and Community Service http://nationalservice.gov/for_organizations/faith/index.asp • Roundtable on Religion and Social Welfare Policy http://www.religionandsocialpolicy.org/ • National Crime Prevention Council - Faith and Communities Engaged in Service http://www.ncpc.org/programs/faith/index.php National Crime Prevention Council

19. Other Resources • List of intermediaries (included) • Yearbook of American and Canadian Churches • White House publication: “Federal Funds for Organizations that Help Those in Need” • Private Funders (e.g. Faith in Action) • Community Service Block Grants National Crime Prevention Council

20. The National Crime Prevention Council Faith and Communities Engaged in Service Drew Carberry, Director Jeanne Cure, Program Associate dcarberry@ncpc.org (202) 261-4186 jcure@ncpc.org (202) 261-4133 1000 Connecticut Avenue NW, 13th Floor Washington, DC 20036 Phone: 202-466-6272 Fax: 202-296-1356 www.ncpc.org National Crime Prevention Council