| (a) Board Service Limitations for Private Nonprofit
Entities and Public Organizations. The Eligible Entity may establish
term limits and/or procedures for the removal of board members.
(b) Vacancies/Removal of Board Members.
(1) Vacancies. Except as allowed under §6.211(d)
of this subchapter (relating to Interim Appointments) the board shall
not allow a public, private, or low-income sector board position to
remain vacant for more than 90 days. An Eligible Entity shall report
the number of board vacancies by sector in its Monthly Performance
and Expenditure Report. Compliance with the CSBG Act requirements
for board membership is a condition for Eligible Entities to receive
CSBG funding. There is no provision for a waiver or exception to these
requirements.
(2) Removal of Board Members/Private Nonprofit Entities.
Public officials or their representatives, may be removed from the
board either by the board or by the entity that appointed them to
serve on the board. Other members of the board may be removed by the
board or pursuant to any procedure provided in the private nonprofit's
Certificate of Formation/Articles of Incorporation or bylaws.
(3) Removal of Board Members/Public Organizations.
Public officials or their representatives may be removed from the
advisory board by the Public Organization, or by the advisory board
if the board is so empowered by the Public Organization. The advisory
board may petition the Public Organization to remove an advisory board
member. All other board members may be removed by the advisory board.
(4) In order to meet the 1/3 requirement for the Public
Official representation detailed in §6.210 of this subchapter
(relating to Board Structure), board size shall be a number divisible
by three.
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