Ryan White HIV/AIDS Program Part A Manual

An open nominations process is necessary to obtain a planning council whose membership meets both legislative requirements and the practical needs of the Part A program. This requirement is to ensure broad community representation on the planning council, membership that reflects the epidemic of HIV/AIDS in the eligible metropolitan area (EMA) or transitional grant area (TGA), and a diverse range of perspectives during planning council deliberations.

The Ryan White Part A Program requires an open nominations process for planning council members. The Act also places affiliation and conflict of interest limitations on consumer members of planning councils, which must be reflected in the criteria used to recruit and select planning council members. 

Section 2602(b)(1) states that:

"Nominations for membership on the council shall be identified through an open process and candidates shall be selected based on locally delineated and publicized criteria. Such criteria shall include a conflict-of-interest standard that is in accordance with paragraph (5)."

Section 2602(b)(5)(B) includes conflict of interest requirements governing individual members of the planning council. The legislation states that: 

"An individual may serve on the planning council under paragraph (1) only if the individual agrees that if the individual has a financial interest in an entity, if the individual is an employee of a public or private entity, or if the individual is a member of a public or private organization, and such entity or organization is seeking amounts from a grant under section 2601(a), the individual will not, with respect to the purpose for which the entity seeks such amounts, participate (directly or in an advisory capacity) in the process of selecting entities to receive such amounts for such purpose." 

Section 2602(b)(5)(C)(i) states that:

"Not less than 33 percent of the council shall be [unaligned] individuals who are receiving HIV-related services" [under Part A], "are not officers, employees, or consultants to any entity that receives amounts from such a grant, do not represent any such entity, and reflect the demographics of the population of individuals with HIV/AIDS" in the area.

Expectations of CEOs

The chief elected official (CEO) within the EMA/TGA is ultimately responsible for ensuring that the planning council has an open nominations process. HAB/DSS expects the following from the CEO: 

• The CEO will approve and/or appoint as planning council members only individuals who have gone through the open nominations process

• Appointments to the planning council will be made in a timely way, to ensure minimal disruption of planning council activities, and

• The CEO and the planning council will work together to develop and implement the nominations process and ensure that it is incorporated into the planning council's bylaws.

Minimum Standards for an Open Nominations Process

An open nominations process must meet the following minimum standards:

• Be described and announced before the nominations process begins.

• Specify clear criteria on the planning council composition being sought to ensure that membership:

  1. Includes the legislatively required positions (membership categories)

  2. Reflects the epidemic of HIV/AIDS in the EMA/TGA

  3. Reflects the geography of the EMA/TGA

  4. Reflects any other locally determined membership needs, and

  5. Incorporates conflict of interest requirements.

• Be publicized, including advertisements in local HIV publications, notices to service providers, notices in the press, and other community announcements.

• Inform nominees of:

  1. The time commitments involved in serving on the planning council

  2. cConflict of interest standards, and

  3. HIV disclosure requirements.

• Obtain and review information from nominees about their experience and background.

• Use a representative and impartial nominations or membership committee that reviews all nominations.

Following are suggestions for meeting legislative requirements and ensuring a diverse planning council.

Recruit Widely. HAB/DSS encourages planning councils to work with grantees to carry out broad-based recruitment of nominees, so that selections can be made from a broad spectrum of nominees. Special recruitment is often necessary to reach traditionally underserved populations, involving approaches such as the following:

• Ongoing solicitation of nominees by existing council members and service providers

• Outreach to service providers and individual staff who serve clients with HIV/AIDS to identify unaligned PLWHA nominees to meet the requirement that 33 percent of planning council members be consumers of Part A services that are not directors, staff, or consultants of Part A-funded providers.

• Distribution of flyers at various community events

• Advertising in the print and electronic media, including use of targeted newspaper advertisements in special audience newspapers

• Close cooperation with coalitions of PLWHA

• Posting of the announcement on the planning council Web site
  
• Use of outreach programs/committees, and
  
• Word of mouth.

Clarify Membership Criteria. To ensure that planning council composition meets legislative requirements and HAB/DSS policy, the nominations process must ensure that all the required membership categories are filled and address the following:

• The overall membership and PLWHA membership must be reflective of the epidemic of HIV/AIDS in the EMA/TGA

• Chairs and co-chairs of planning councils must reside within the boundaries of the EMA/TGA

• Planning council members that represent affected communities, PLWHA, non-elected community leaders, or historically underserved groups and subpopulations must reside within the boundaries of the EMA/TGA for the length of term they are serving on the planning council, and 

• Individuals who fill legislatively mandated organizational positions (e.g., other Ryan White HIV/AIDS Program projects, service agencies, other Federal HIV programs) should live within the EMA/TGA but this is not required. In some cases, such as State agencies that operate through the State capital, this may not be possible. However, such organizational representatives must provide services within the EMA/TGA.

Changing legislative requirements for increased and unaligned consumer membership should be addressed. Based on the local epidemic of HIV/AIDS and service system, the EMA/TGA may want to establish additional local membership criteria consistent with Federal requirements.

Publicize Membership Criteria. Once developed or revised, membership criteria should be widely publicized. The EMA/TGA may want to list and/or describe the required membership categories and desired planning council composition in the public announcements used to seek nominations.

The announcements might also include a brief description of the process and/or a contact person to call for more information about the nominations process and about time commitments and other demands of planning council membership.

Address conflict of Interest Requirements. The nominations process must include a conflict of interest standard that addresses legislative requirements for all planning council members and for consumer representatives. Other local standards or conflict of interest requirements may also be included at the EMA's/TGA's discretion. *

Use an Application Form. Anyone who wants to be considered for planning council membership should be asked to complete an application form that:

• Collects information about the nominee's characteristics, experience, and background, with specific attention to legislatively mandated membership categories and the characteristics of the local epidemic

• Includes an open-ended response category for nominees to describe their experience

• Provides information to potential members about time commitments and other demands of planning council membership, meeting schedules, HIV disclosure requirements, and the conflict of interest standard, and

• Provides a written description of the nominations process.

Establish a Membership Committee. A single Nominations or Membership Committee must consider all nominees to the planning council. HAB/DSS realizes that some membership categories are so narrowly defined that only one nominee may meet the criteria. However, all nominees should still be considered by the committee, which then recommends qualified nominees to the full planning council for review.

Provide Nominees to the CEO. Requirements for an open nominations process do not eliminate or change the authority of the CEO to appoint members of the planning council.  

However, CEOs must use the established nominations committee and process to screen all nominees. The nominations committee selects candidates for appointment to the planning council and submits a list of one or more candidatess for each available position to the planning council, which approves nominees. The names are then sent to the CEO. From this list the CEO appoints members. If the CEO does not wish to appoint a candidate put forward by the committee, and this decision will create or maintain a vacancy on the planning council, the established nominations process must begin again to identify other candidates. HAB/DSS expects the CEO to appoint members expeditiously and not create or leave a vacancy on the planning council by rejecting a candidate without providing clear justification.

* For more information, see the Conflict of Interest chapter. [ Return to Text ]