In this subtitle, the following terms have the meanings indicated.
“Board” means the Board of Directors of the fiscal agent.
“Fiscal agent” means the entity designated by <cite data-path="|5|§9-4|(a)">§ 9-4(a) of this subtitle</cite> to administer the Fund and this subtitle.
“Fiscal sponsor” means a nonprofit recognized as tax-exempt under Internal Revenue Code § 501(c)(3) that enters into an agreement with another organization to provide financial management and administrative support to that organization.
“Fund” means the Children and Youth Fund established by <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13">City Charter Article I, § 13</cite> {“Children and Youth Fund”}.
“Grant” means money, regardless of source, that is controlled by the Fund and allocated from the Fund to a grantee for a specific purpose.
“Grantee” means a legal entity to which the Fund makes a grant.
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The Fund may be used only for the purposes generally described in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13|(a)">City Charter Article I, § 13(a)</cite>.
Allowed uses for the Fund include:direct grants to program and service providers;
administrative costs to operate the Fund; and
capacity-building efforts to strengthen the ability of providers to successfully and sustainably offer services to Baltimore’s youth.
The Fund may not be used to provide direct grants to an entity, unless that entity is a tax-exempt organization or is using a tax-exempt organization as a fiscal sponsor.
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The fiscal agent shall be a community-centered grant-making institution that fosters and promotes:
racial equity;
inter-generational leadership;
community ownership; and
collective decision-making.
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The fiscal agent for the Fund is the Baltimore Children and Youth Fund, Inc.
The fiscal agent shall:identify specific programs and services to which the Fund may award a grant; and
make grant awards to the programs and services identified by the Fund;
use the standardized grant process and procedures to be followed by all grantees, as described in subsection (d) of this section; and
require regular fiscal and program reports from all grantees, as required under subsection (e) of this section.
The Board shall abide by the provisions of Subtitle 7 {“Financial Disclosures”} of the <cite data-path="|8">City Ethics Article</cite> and all other applicable provisions therein.
A member of the Board has a conflict of interest and shall abstain from a discussion and recuse themselves from a vote on any matter before the Board if:the Board member is currently employed by the organization to which the discussion or vote pertains;
a family member of the Board member is currently employed by the organization to which the discussion or vote pertains;
the Board member is currently a member of the board of the organization to which the discussion or vote pertains; or
a family member of the Board member is currently a member of the board of the organization to which the discussion or vote pertains.
A Board member who abstains from a discussion or recuses themselves from a vote under subparagraph (i) of this paragraph shall immediately disclose the conflict of interest to the other members of the Board.
The conflict of interest and the member’s subsequent abstention or recusal shall be published in the Board’s meeting minutes.
As it identifies specific programs and services to be funded by the Fund, the fiscal agent must select programs and services that:are active in Baltimore City;
are credible with and accountable to youth and the local communities they are proposing to serve;
have an element of youth-centered programming; and
can demonstrate how they are designed to improve outcomes for young people.
The fiscal agent may also use any additional factors listed in <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13|(a)">City Charter Article I, § 13(a)</cite> to identify specific programs and services to be funded by the Fund so long as the additional factors are made publicly available to applicants for funding at the time that applications are requested.
Beginning in Fiscal Year 2027 and continuing every 3 years thereafter, the fiscal agent shall:conduct a community-wide needs assessment to assist the Board in determining grant-making areas; and
within 30 days of completing the needs assessment, submit the assessment to the Board of Estimates and the City Council.
The fiscal agent shall use the following process to award grants to organizations:the fiscal agent shall make all grant opportunities available to all eligible organizations;
the fiscal agent shall assess each individual grant opportunity to determine, based on the goals, scope, and complexity of each grant opportunity, which of the below types of panels will review applications:a community panel, which shall review applications for grants that meet the following criteria:the focus of the grant is neighborhood-based or community-centered;
the grant is broad, competitive, or open to new applicants;
the grant necessitates field-specific expertise; or
the term of the grant will be longer than 12 months; and
a panel of fiscal agent staff, which shall review applications for grants that meet the following criteria:the grant is time-sensitive and requires expedited review and recommendations;
the grant is specialized or strategic; or
limited in scope, including technical assistance awards or targeted initiatives;
the fiscal agent shall assemble, edit, and publish on its website a grants manual that provides guidance to prospective grantees regarding the policies and procedures used by the Fund to award a grant, including whether applications will be reviewed by a community review panel or a panel of fiscal agent staff, as described in paragraph (2) of this subsection;
for each individual grant opportunity, the fiscal agent shall create, maintain, and publish on its website a standard grant application for an organization to complete and submit to the fiscal agent that includes:proof of the organization’s tax-exempt status or the tax-exempt status of the organization’s fiscal sponsor;
a description of the organization, including:how the organization aligns with the Fund’s purpose as stated in <cite data-path="|5|§9-3">§ 9-3 of this subtitle</cite>;
a summary of the organization’s experience with serving youth; and
an assessment of the organization’s credibility with and accountability to youth, community members and the community as a whole in the City;
copies of the organization’s financial documentation, including:a copy of the organization’s current budget;
the organization’s most recent annual financial statement;
the organization’s most recent United States Internal Revenue Service Form 990, if applicable; and
the organization’s State of Maryland certificate of status;
if applicable:a signed and executed agreement between the organization’s current or potential fiscal sponsor and the organization, in which the fiscal sponsor endorses the organization’s application and agrees to serve or continue to serve as the organization’s fiscal sponsor if the organization is awarded a grant by the Fund;
the fiscal sponsor’s most recent audited annual financial statement;
the fiscal sponsor’s most recent United States Internal Revenue Service Form 990; and
the fiscal sponsor’s State of Maryland certificate of status;
a description of the specific programs within the organization that will be funded by the grant, including each program’s:purpose;
timeline;
proposed measurements of program outcomes; and
budget; and
any additional relevant information required by the fiscal agent;
upon receipt of a completed grant application, the fiscal agent shall conduct a preliminary review of the application to:verify that the organization is eligible for the grant;
review the organization’s record of compliance with previously awarded grants, if applicable; and
ensure that the organization meets all other requirements specific to the grant opportunity;
based upon the fiscal agent’s determination made under paragraph (2) of this subsection, the fiscal agent shall convene either:a panel to complete a community review of the completed grant application:of which the members shall possess the same qualifications as the members of the Board, as described in the by-laws, regarding:current residency in the City of Baltimore; and
knowledge and skills in racial equity, youth development, or community engagement;
of which the members shall receive orientation and training regarding program goals, evaluation criteria, confidentiality requirements, and conflict-of-interest standards; and
of which the members may include youth development practitioners, community members, educators, youth leaders, and subject-matter experts; or
a panel consistent of staff members of the fiscal agent;
the panel convened under this subsection shall complete review of the application, which shall include:a group review of the application;
scoring the application based on the following criteria:the applicant is currently active in Baltimore City;
the applicant has credibility with and accountability to youth and the local communities the organization is planning to serve;
the applicant has an element of youth-centered programming;
the programming is designed to improve outcomes for youth; and
the program aligns with the needs identified in the 3-year assessment conducted under <cite data-path="|5|§9-4(c)(3)">§ 9-4(c)(3) of this subtitle</cite>;
based upon the grant application review conducted under paragraph (7) of this subsection, the panel shall report the name and score of each applicant, and make recommendations to the fiscal agent and the Board and, if the recommendations were made on behalf of a community review panel, fiscal agent staff may contribute additional information to the Board, as needed;
based upon the recommendations of the panel, the Board shall either deny or approve an organization’s grant application and, if approved, the fiscal agent shall enter into a grant agreement with the organization and finalize the disbursement of funds in accordance with the memorandum of understanding between the fiscal agent and the Mayor of Baltimore; and
following the denial or approval of an organization’s grant application, the fiscal agent shall report to the applicant the outcome of the application evaluation process and provide feedback specific to the application from the review process.
A grantee shall submit to the fiscal agent a quarterly fiscal report.
Beginning in Fiscal Year 2027 and continuing every 3 years thereafter, the fiscal agent shall participate in a performance audit conducted by the Office of the Baltimore City Comptroller.
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The fiscal agent shall be governed by and administered by a Board of Directors.
The number of voting members of the full Board may not be less than 13, excluding vacancies, and no more than 21.
The Board may increase or decrease its membership, within the limits specified in this subsection, in its bylaws.
The Board members shall be appointed and serve the terms prescribed by the Board’s bylaws.
Of the voting members of the Board:1 shall be the Mayor or the Mayor’s designee;
1 shall be the City Council President or a member of the City Council designated by the City Council President; and
1 shall be a member of the Baltimore City Youth Commission, as determined by an affirmative vote of at least a majority of a quorum of the Baltimore City Youth Commission.
Of the non-voting members of the Board:1 shall be the City Solicitor or the City Solicitor’s designee; and
1 shall be the Director of Finance or the Director’s designee.
The Board shall reflect the economic, social, cultural, and geographic diversity of the City and shall reflect the racial demographics of the City, as reflected in the most recent, publicly-available United States Census data on Baltimore City youth ages 0-24 years old.
In this subparagraph, “youth” means an individual between the ages of 14 and 25, inclusive.
Except as provided in sub-subparagraphs (C) and (D), at least 1/3 of the Board shall consist of youth members.
No more than 1 time in a fiscal year, the Board of Estimates may waive the requirement in sub-subparagraph (B) if the Board of Estimates finds that:the Fund’s Board has taken reasonable and diligent efforts to comply with that requirement;
those efforts have failed; and
the Board creates and submits to the Board of Estimates a plan to restore the youth membership to at least one-third of the total Board.
If the Board’s youth membership is less than 2 youth members, the Board shall immediately notify the Board of Estimates and shall present the Board of Estimates with a plan for restoring youth Board membership to a minimum of 2 youth Board members and shall carry out that plan within 90 days of presenting the plan.
The Board must adopt bylaws for the administration of the fiscal agent. However, those bylaws may not be inconsistent with the terms of this subtitle or of <cite data-doc="City of Baltimore, Md., Charter" data-path="I|§13">City Charter Article I, § 13</cite> {“Children and Youth Fund”}.
The initial bylaws required by this subsection must be approved by the Board of Estimates before taking effect.
Subsequent amendments to the initial bylaws must be filed with the Board of Estimates before taking effect.
No funds may be disbursed from the Fund without the prior approval of the Board of Directors.
The Board may employ staff to carry out the fiscal agent’s day-to-day operations.
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Subject to the requirements of this section, prior to September 1 of each year, the Board shall adopt an annual financial plan, based on the City’s fiscal year, that includes:a budget;
an amount to be disbursed from the Fund to grantees during the coming fiscal year;
the balance of the Fund held in accounts controlled and operated by the fiscal agent as of the most recent quarter;
the amount of money the Fund received from the property tax assessment in the last fiscal year;
the results of the most recent financial audit conducted by an independent third party;
the end of fiscal year statement of financial position and an analysis of the end of year budget, as compared with the report, including the amount of money spent on facilitation and execution of community participatory processes for grant making; and
an updated plan and progress report on the disbursement of the multi-year balance of the Fund.
For the purposes of this paragraph, “public engagement” may include:staffing needs for community outreach;
space, supplies, and personnel for community information sessions; or
materials for education, marketing, and promotion of fund-related efforts; or
facilitation and execution of community participatory processes for grant making.
In its financial plan, the Board may allocate from the Fund’s balance:up to 5% for public engagement specifying how much of this allocation is budgeted to be used for facilitation and execution of community participation in the grant making process;
up to 15% for staff and other costs to administer the Fund; and
up to 20% for technical assistance to grantees regarding administering grant funds and complying with grant requirements.
The Board shall allocate the remainder of the Fund’s balance among the programs and services identified under <cite data-path="|5|§9-4|(d)">§ 9-4(d) of this subtitle</cite>, with an emphasis on programs or services operating in, or meant to assist young people from, the communities in Baltimore City most impacted by high poverty.
The remainder of the Fund’s balance shall be allocated according to the processes established in <cite data-path="|5|§9-4">§ 9-4 of this subtitle</cite> and in accordance with paragraph (3) of this subsection.
The size of a grant may not exceed 25% of the total amount of money disbursed by the Fund as grants in any fiscal year.
The Board may not award a grant to any organization that has not followed the policies and procedures established under <cite data-path="|5|§9-4|(d)">§ 9-4(d) of this subtitle</cite>.
Before adopting any financial plan required by this section, the Board shall arrange for a public hearing on the proposed plan. Notice of the hearing must be published on the fiscal agent’s website for at least 3 consecutive weeks.
Within 10 days of adopting a financial plan, the Board shall file the plan with the Board of Estimates.
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No later than March 31 of each year, a relevant committee of the City Council shall hold 1 or more public hearings to evaluate the operations of the fiscal agent and its disbursements.
By the date of the public hearing required by paragraph (1) of this subsection, the fiscal agent shall submit to the City Council the completed independent third party financial audit of the Fund from the previous fiscal year.
If after conducting a public hearing and hearing testimonial evidence, the City Council finds evidence of misappropriation of funds, malfeasance, or violation of law in connection with the administration of the Fund, the City Council may, by a three-fifths vote of its members, refer a petition to the Board of Estimates to dissolve the fiscal agent’s Board.
On receipt of a petition described in paragraph (1) of this subsection, the Board of Estimates shall consider and vote on that petition as soon as practicable.
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Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 26-114" data-path="|general">City General Provisions Article</cite>, the Director of Finance must adopt rules and regulations to carry out this subtitle including:
a schedule for disbursing the Fund each year; and
procedures for transferring money from the Fund to either the fiscal agent or directly to service and program providers designated by the fiscal agent.
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Text Conformed 02/14/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this section to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
No later than September 1 of each year, the Board shall prepare and submit a report to the Mayor and City Council that shall include:a detailed description of the activities and impact of the Fund;
the composition and demographics of the Board, including the number of youth members on the Board and the geographic diversity of the members;
information about the Fund’s grantees, including:the grantee’s name and address;
the programmatic intent of the grantee;
the geographic area served by the grantee;
the size of the grant received by the grantee;
the number of years of funding received by the grantee;
the grantee’s record of compliance with the Funds reporting requirements and the terms and conditions of any grants received; and
a summary of the outcomes that the grantee achieved using money from the Fund; and
the results of the most recently completed audit of the Fund.
The Director of Finance shall annually provide a report to the Mayor and City Council that includes:the date and amount disbursed through grants in the past fiscal year, in accordance with the regulations promulgated pursuant to <cite data-path="|5|§9-9">§ 9-9 of this subtitle</cite>; and
the Fund’s balance prior to and following the dates of any transfer of money from the Fund to the fiscal agent.
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This subtitle was substantially modified by Section 1 of Ordinance 20-363 (Council Bill 20-519). For effective dates and transitional provisions, see also the following uncodified provisions of that Ordinance: Section 2 {Transition Board; First Financial Plan}, Section 3 {Interim fiscal agent close-out and transfer of records}, Section 4 {Unused Fund balances from FY 2019 and FY 2020}, and Sections 6 and 7 {Effective dates}.