What is Virginia’s Faith-Based and Community Initiative? Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Public, Faith-Based, & Grass Roots Organizations Collaborating to Meet Community Needs Charitable and faith-based organizations, along with other community service groups, have a long history of reaching out to address the social needs of individuals, children, families and neighborhoods. Public agencies often collaborate with these groups and institutions that are such an important part of the fabric of family and community life. What is Virginia’s Faith-Based & Community Initiative? The Virginia Faith-Based and Community Initiative (VFBCI) is the Commonwealth’s effort to better collaborate with faith-based and community-based organizations in providing effective services for families and communities. Community grass roots and faith-based organizations have been partnering with public agencies to provide services for decades. Virginia hopes to encourage the historic agreements between public and community based groups to address social needs and also strengthen understanding of the new opportunities for community and faith-based organizations to contract for delivery of services. Collaboration between public agencies and faithbased and grass roots organizations may be carried out in many ways. Some partnerships that don’t involve funding exchanges are based on informal agreements between public agencies and community or faith-based groups, with each contributing resources to address an issue. Examples of this type of collaboration include a synagogue volunteering to provide literacy training, members of a mosque providing emergency food, or a church operating a mentoring program to help ex-offenders transition from prison back into the community. Collaboration may also be accomplished more formally through contracts or a memorandum of understanding (MOU). Virginia law specifically states that public agencies do not discriminate against faith-based organizations and that these organizations can compete for government contracts. Examples of this formal collaboration include an interfaith group that contracts to provide training for foster parents, a mosque that contracts to provide transportation services, or a church that contracts to provide activities for youth returning to the community from a juvenile justice residential facility. Is there special funding for faith-based groups? No, neither federal nor state law creates a special funding stream that is available only to faith-based groups. Faith-based organizations can apply for funding in any program for which they meet the eligibility requirements for service providers. This most often includes programs funded by the Federal Departments of Health and Human Services, Education, Justice, Labor, and Housing & Urban Development (HUD). Internet links to these agencies can be found at: www.dss.virginia.gov/community/faith_links How do I find funds available in Virginia? The Virginia Department of General Services maintains a listing of goods and services being purchased by state agencies, colleges, and local governments. General information about contracting with government agencies can be found at www.eva.state.va.us Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 2 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Grant Award opportunities offered by State agencies appear on their individual websites. These can be found at: www.virginia.gov How can I learn more? What about accountability? Faith-based organizations contracting to provide assistance are subject to the same regulations as other service providers. They are subject to all federal, state, and local non-discrimination laws in the delivery of services and are subject to audits. If these organizations place government contract funds in a separate account, only those funds will be audited. Finally, funds must be used for the services intended and may not be used for worship, religious instruction, or proselytizing. Virginia’s Faith-Based and Community Initiative staff and liaison staff in state agencies and local government provide technical assistance regarding resources available and opportunities for partnerships with state and local public agencies. VFBCI staff provides technical assistance and training in areas such as: In the past, many faith-based organizations failed to participate in government-funded projects for fear they would have to compromise their religious character. Both federal and state law clarify that faith-based organizations retain their independence from government interference, do not have to alter their internal governance and are not required to remove religious art, icons, scripture, or other symbols. How to Locate and Acquire Funding Understanding the Laws for Maintaining Separation of Religious Activities and Government Funded Services How to Incorporate and Apply to the IRS for Tax-Exempt Status Building Organizational Capacity Management of Organizations, Budgets, Grants and Programs Strategic Planning Outcome-based Service Delivery Community Planning & Collaboration Disaster / Emergency Response Services Sustainability Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 3 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Statutory Foundations Federal, state and local laws govern collaboration that involves a contract between a public agency and a faith-based or community organization. In this section, we provide three of the key federal and state laws that specifically address this formal collaboration, particularly the rights of the organization that is providing a government service and the rights of the individual who is receiving that service. The keys points are summarized below. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) Federal Law – 42 US Code, Section 604a This section of federal law was included in a much larger welfare reform bill that was passed by Congress and signed by President Clinton in 1996. It specifically allows states to provide services through contracts with “charitable, religious, or private organizations” so long as the services are implemented consistent with the Establishment Clause of the United States Constitution. Religious organizations receive no competitive advantage in competing for government contracts. If they receive contracts, they must be treated like any other non-governmental service provider and cannot be discriminated against because of their religious character. A contractor that is a religious organization retains its independence from government interference in religious matters, including the “definition, development, practice and expressions of its religious beliefs.” It cannot be required to alter its internal governance or to remove religious art, scripture or other symbols from the space where services are provided. However, public funds may not be spent on sectarian worship, instruction or proselytizing. The law also protects the rights of individuals receiving government-funded services from a religious organization. An individual who objects to receiving service from a religious organization must be provided the same service from an alternative provider. Further, the religious organization cannot discriminate against the individual “on the basis of religion, a religious belief, or refusal to actively participate in a religious practice.” Regarding fiscal accountability, a religious organization is subject to the same regulations as other contractors to account for the funds in accord with generally accepted accounting principles. However, if the organization segregates its government funds in separate accounts, then the non-governmental funds will not be subject to audit. The Virginia Public Procurement Act - Code of Virginia Section 11-35 In 2001, the General Assembly added language to the Virginia Public Procurement Act that specifically allows public bodies to enter into contracts with faith-based organizations. It follows federal law closely in protecting the rights of faith-based organizations that contract with government and the rights of the individuals that receive services from them. The prohibition of sectarian worship, instruction and proselytizing is identical to federal law, as is the fiscal accountability of a faith-based contractor. Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 4 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ However, two additional protections were included. First, public bodies are required to include a nondiscrimination statement in invitations for bids, requests for proposals, contracts and purchase orders. The statement must indicate that the public body does not discriminate against faith-based organizations. Second, when an individual applies for or receives services from a faith-based contractor, they must receive a printed notice that states: "Neither the public body's selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the appropriate person as indicated in this form." Faith-Based and Community Initiative Responsibilities - Code of Virginia Section 63.2-703 The General Assembly recognizes that faith-based, volunteer, private and community organizations make significant contributions to the welfare of our society. In order to enhance services to Virginia families and communities, the Virginia Faith-Based and Community Initiative, based at the Virginia Department of Social Services, has the following responsibilities: 1. Lead and facilitate meetings as necessary, with faith-based, volunteer, private and community organizations for the purpose of sharing information to help carry out human welfare programs in Virginia; 2. Encourage conferences and meetings at the community level for faith-based, volunteer, private and community organizations, as needed; 3. Provide procurement and funding information to faith-based, volunteer, private and community organizations, as needed; 4. Provide information regarding faith-based and community initiatives and other information the Department may deem appropriate, to faith-based, volunteer, private and community organizations, and other state agencies whose missions may be enhanced by increased awareness of such initiatives and information; 5. Encourage the development and maintenance of a statewide network of local liaisons to assist in the dissemination of information and assistance; 6. Develop a statewide list of available faith-based, volunteer, private and community organizations. Such statewide list shall be made available to the public through the Department's website; 7. Obtain information concerning faith-based, volunteer, private and community organizations in other states; 8. *Coordinate offers of assistance from faith-based organizations during natural disasters. (*Effective July 1, 2006) 9. Make regular reports to the Governor and General Assembly on the fulfillment of the Department's responsibilities related to faith-based and community initiatives; and 10. Perform such other duties as the Department deems appropriate. Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 5 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Program Participant Rights Faith-Based Service Providers In Virginia, faith-based organizations (churches, synagogues, mosques and religious organizations) may be awarded contracts by public bodies to provide services on behalf of government. If you are receiving services from a faith-based provider as a result of a contract between the provider of services and the public body, it is important that you understand your rights. Neither the public body's selection of a charitable or faith-based provider of services nor the expenditure of funds under this contract is an endorsement of the provider's charitable or religious character, practices, or expression. No provider of services may discriminate against you on the basis of religion, a religious belief, or your refusal to actively participate in a religious practice. Additionally, you may not be discriminated against because of race, color, gender, age, national origin, handicap, or disability. If you object to a particular provider because of its religious character, you may request assignment to a different provider. If you believe that your rights have been violated, please discuss the complaint with your provider or notify the appropriate person as indicated in this form. If you feel that your rights are ever violated, please call (Contracting Agency Name and Telephone Number). Calling to report a problem will not, in any way, affect your eligibility for services. Your signature below indicates you understand these rights and responsibilities of religious (faithbased) organizations that provide services and rights and safeguards for participants in programs carried out by faith-based service providers. ________________________________ Signature of Service Recipient _______________________________________ Signature of Service Provider Representative ________________________________ Date _______________________________________ Date Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 6 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Religious Organizations with Formal Statements Regarding Contracting with Public Agencies African Methodist Episcopal Church www.ame-church.com cio@amechurch.com African Methodist Episcopal Zion Church www.beamezion.org info@beamezion.org American Baptist Churches in the USA www.abc-usa.org Richard.schramm@abc-usa.org P.O. Box 851 Valley Forge, PA 19482 610.768.2000 / 800.222.3872 Assemblies of God www.ag.org/top info@ag.org 1445 North Boonville Avenue Springfield, MO 65802 417.862.2781 Baptist Joint Committee www.bjcpa.org 200 Maryland Avenue, NE Washington, DC 20002 202.544.4226 Christian Church (Disciples of Christ) in the U.S. www.disciples.org cmiller@oc.disciples.org 130 E Washington Street Indianapolis, IN 46204 317.635.3100 Church of the Brethren www.brethren.org cobweb@brethren.org 1451 Dundee Avenue Elgin, IL 60120 800.323.8039 Episcopal Church www.ecusa.anglican.org jrollins@ecusa.anglican.org Episcopal Church Center 815 Second Avenue New York, NY 10017 212.716.6000 / 800.334.7626 Evangelical Lutheran Church in America www.elca.org info@elca.org 8765 W. Higgins Road Chicago, IL 60631 773.380.2700 / 800.638.3522 The Lutheran Church of the Missouri Synod (LCMS) www.lcms.org infocenter@lcms.org 1333 S. Kirkwood Road St. Louis, MO 63122-7295 888.843.5267 Presbyterian Church (U.S.A.) United Church of Christ www.pcusa.org www.ucc.org presytel@pcusa.org langa@ucc.org 100 Witherspoon Street 700 Prospect Avenue Louisville, KY 40202-1396 Cleveland, Ohio 44115 502.569.5000 866.822.8224 The United Methodist Church www.umc.org infoserv@umcom.umc.org United Jewish Communities www.ujc.org P.O Box 30 Old Chelsea Station New York, NY 10113 212.284.6500 United States Conference of Catholic Bishops www.usccb.org 3211 4th Street, N.E., Washington, DC 20017-1194 202.541.3000 Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 7 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Questions to Consider Before Contracting with Public Agencies The purpose of these questions is to give faith-based & community organizations a guide for reflecting upon whether or not to seek funding from government grants to provide some type of social services. 1. Mission: What is our mission? Does our mission guide which grants for which we apply? Would the purposes of this grant enable us to further our mission? 2. Effectiveness: What social services do we do well? What services are we equipped to offer the community outside our organization? Can what we offer the community be enhanced by partnerships with public, private or faithbased organizations? (Not all partnerships involve accepting grants. These partnerships can be formal or informal.) Will accepting government funding enhance what we offer? 3. Accountability: Are we willing to be held accountable for measurable outcomes in delivering services? Does our organization have the capacity to measure outcomes and to document them? Can we handle the paperwork? Can we keep client records secure and client information confidential? Do we understand the standard terms and conditions included in government contracts? 4. Financial Management: Do we have personnel or volunteers with the financial management skills to hold and track funds for the grant project? Do we have the ability to segregate the funds for this project and keep them from being commingled with other funds? Will we commit funds, personnel and in-kind contributions to the project, e.g. facilities, utilities, etc? Do we have the ability to track and report on these contributions? Do we need to consider setting up a separate 501(c) 3 nonprofit corporation for this project? 5. Non-Discrimination: Organizations that accept federal funds cannot discriminate in hiring and in the delivery of services on the basis of race, color, national origin, sex, age, or disability. Are we willing to open our facilities to clients whose race, age, national origin or views may be very different from ours? In staffing our government-funded activity, are we willing to hire the best qualified applicants, regardless of their race, age, gender or disability? Can our building accommodate people with disabilities? Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 8 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ 6. Independence: If we accept government funds, will we feel differently about critiquing public policies? How will we avoid becoming dependent on government funds? Can it enhance our effectiveness without compromising our mission? Specific Considerations for Faith-Based Organizations 7. Religious Practice: Does our mission allow us to separate religious activities (e.g., worship, prayer and religious instruction) and proselytizing or evangelizing from the service we want to provide? Are our paid staff and volunteers able to focus on service delivery to the exclusion of overt or covert proselytizing? Are our religious activities privately funded and entirely voluntary? Can clients choose not to participate in our religious activities? If our clients choose not to participate in the religious activities, does that impair the effectiveness of our social services? Are we able to respect the religious or non-religious perspectives of clients? Can we deliver services without regard to the religious belief or non-belief of those who come for services? Are there secular alternatives to the services that we provide for clients who request them? Will acceptance of government funds impact our religious convictions or effectiveness? Do we have the ability to segregate the funds for this project and keep them from being commingled with other funds? Organizations that accept federal funds cannot discriminate in hiring practices and in the delivery of services on the basis of race, color, national origin, sex, age, or disability. Are we willing to hire staff for this project whose beliefs differ from those of our faith and traditions? Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 9 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Top Ten Tips for Ministries © Stanley W. Carlson-Thies, 1999 The Center for Public Justice www.cpjustice.org 1. Plans, Not Just Visions. To be entrusted with public funds to serve the needy, you need specific plans for how you will help families overcome their problems. Faith is essential but no substitute for plans. Specify outcomes and demonstrate how your program will produce them. 2. Don’t Chase Money. You have a right to compete for funding to provide services. Just be sure that the funds will help you carry out what you know how to do well. Don’t be tempted to start a new program just because money is available for it. 3. Be Accountable. Make sure you have policies, procedures, and personnel that enable you to account for income and expenditures, monitor staff and volunteers, and keep track of clients’ progress. Government will, and should, ask you to be accountable for how you spend, what you do, and what works. 4. Avoid Dependencies. Never become dependent on any one source of income. Plan ahead what you will do if government funding dries up or an unacceptable condition becomes the price of continued funding. Establish a maximum percentage of funds from any single source. 5. Separate Incorporation. Establish a separate but faith-based 501(c) (3) corporation to receive government money and to operate your service programs. Your congregation will be protected from unwanted government rules and prying, and a separate structure can be specifically designed for effective services for the community. 6. Join Hands. Your congregation has a vision for service? Wonderful. First step: see if any one else is already filling the need and join with them. If no one is yet active, get busy, but draw in others who share your vision and can bring their own expertise and connections. 7. Be Careful About Religion. Faith under girds the solution. But the poor are not necessarily without faith; they may be suffering because of the evil of others. So, let faith be resource, guide, and connecting point, not the end of the story. And respect, without ignoring, the alternative faiths many will bring. 8. Get into the Loop. Government contracting and policymaking are long-standing operations with their own language, information channels, and players. Want to be serious about working with government? Find out what the loop is and get into it. Don’t try it alone—join a network. 9. Check with a Lawyer. No matter how well you understand Charitable Choice, if you plan to get involved with government you first should consult with an attorney experienced with government rules and regulations, religious organizations, and the nonprofit sector. 10. Advocate As Well As Serve. As you serve the needy with your best efforts, don’t forget that they may also need you to be on their side as their advocate to government. And don’t let your focus on service blind you to the need for justice in public policies and economic life. Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 10 Virginia Faith-Based & Community Initiative _______________________________________________________________________________ Top Ten Tips for Public Officials © Stanley W. Carlson-Thies, 1999 The Center for Public Justice www.cpjustice.org 1. Inform Recipients. When a provider is faith-based, make sure recipients know about its religious character, their freedom not to engage in religious activities, and their right to receive services from an alternative provider. 2. Alternatives. Be prepared to offer an accessible, high quality alternative service to any recipient who objects to a faith-based provider. Make advance arrangements with a different provider in the same location, plan access and transportation to a nearby provider, or maintain a residual government capacity to provide services. 3. Religion is not Toxic. Ensure the religious liberty of recipients without presuming that faith is toxic. A recipient troubled by a faith-based provider may want another religious provider, not a secular service. Many of the needy are people of faith and desire assistance that acknowledges their convictions. 4. Allies. Collaboration means working together to achieve the common aim of assisting the needy while also respecting the differences between government and faith-based organizations. Allied providers are more than vendors; they retain their freedom, their right to advocate on behalf of clients, and their responsibility to speak to policy. 5. Employment Rights. The biggest barrier to greater cooperation between the faith community and public welfare is not allowing faith-based providers to hire and fire on the basis of religion. Some religious organizations choose to hire without regard to faith, but many insist on religious criteria in order to retain their distinctive missions. Contract language forbidding them to use religion in hiring is illegal under Charitable Choice and must be eliminated. 6. Vouchers. Voucher arrangements are better than contracting for preserving the independence of faith-based organizations and giving recipients choice. Where possible, redesign services and procurement policies so that a range of organizations can provide services and each recipient has the chance to select the most effective and compatible provider. 7. Structures for Cooperation. Many congregations and faith-based nonprofits are too small to handle the service volume of a typical contract. To utilize their strengths and allow them to participate, alternatives are needed: voucher services, contracting with a nonprofit intermediary that links congregations, a lead agency that subcontracts with smaller groups. 8. Training and Assistance. Government can help prepare faith-based organizations to provide authorized services by offering training in contracting, record-keeping, and regulations, and by assisting them in planning and presenting service proposals. Such assistance should be offered to all small-scale nonprofits and community organizations. 9. Affirmative Outreach. Many faith-based organizations have not been part of the human services system. They don’t know the system and their names are unlikely to appear on vendor lists, mailing lists of activist organizations, or in multi-denominational or multi-faith directories. Work through every accessible network to begin to build bridges to them. 10. Bill of Rights. Past practices and assumptions about appropriate church-state relations have left a legacy of distrust between government and faith communities. Government should acknowledge its mistakes and make amends with a statement of the rights of faith-based providers. This would confirm the government’s intention to treat them as allies and it would be a valuable guide to both sides if there were a dispute about what actions are permissible. Faith-Based & Community Initiative ■ 800.638-3839 ■ E-mail: info@vaservice.org ■ Web: http://www.dss.virginia.gov/community/faith.html Page 11