Federal Advisory Committee on Juvenile Justice
Summary of Meeting
January 12-14, 2004
The Federal Advisory Committee on Juvenile Justice (FACJJ) was convened for its first
meeting at 9:00 a.m. on January 12, 2004, at the Grand Hotel Marriott,
Point Clear, Alabama. The meeting was called to provide the newly created
FACJJ with information on federal advisory committees and procedural, ethics,
and parliamentary training. During the meeting, the state representatives
elected a committee chair and vice chair and the members of subcommittees
of the FACJJ were designated. Each of the FACJJ subcommittees met in closed
sessions to define their scope of work, designate responsibilities, and
chart immediate actions to be taken. In the conference's final open meeting,
the subcommittees reported their recommendations back to the chair and
the full committee.
Federal Advisory Committee on Juvenile Justice members present:
M. Thomas (Primary): Alabama
Barbara B. Tyndall (Primary): Alaska
Margaret Trujillo (Primary): Arizona
Jerry K. Walsh (Primary): Arkansas
Stan Hanstad (Primary): California
Lindi Sinton (Primary): Colorado
Eileen M. Daily (Alternate): Connecticut
John L. Hallums: District of Columbia
Robert M. Evans (Primary): Florida
Andrew J. Harris, Jr. (Primary): Georgia
Christopher M. Duenas (Primary): Guam
Linda C. Uehara (Alternate): Hawaii
Scott Mosher (Primary): Idaho
Patricia Connell (Alternate): Illinois
Robert Mardis (Primary): Indiana
Allison Fleming (Alternate): Iowa
Ken Moore (Primary): Kansas
Hasan Davis (Primary): Kentucky
Bernardine S. Hall (Primary): Louisiana
Ronald Rossitto (Alternate): Louisiana
Edwin Chester (Primary): Maine
Rev. James G. Kirk (Primary): Maryland
Valerie Johnson (Alternate): Massachusetts
Jeriel Heard (Primary): Michigan
Michael Mayer (Primary): Minnesota
Alfred L. Martin, Jr. (Primary): Mississippi
Donald Wolff (Primary): Missouri
Steven Rice (Primary): Montana
Thomas G. McBride (Alternate): Nebraska
Boyd Marsing (Primary): Nevada
Glenn Quinney (Primary): New Hampshire
B. Thomas Leahy (Primary): New Jersey
David R. Schmidt (Primary): New Mexico
Michael J. Elmendorf, II (Primary): New York
Robin Jenkins (Alternate): North Carolina
Mark A. Johnson (Primary): North Dakota
Tom Mullen (Primary): Ohio
Susan Cochrane Morris (Primary): Oklahoma
Billy Wasson (Primary): Oregon
Daniel Elby (Primary): Pennsylvania
Dottie DeFeo (Alternate): Rhode Island
Harry W. Davis, Jr. (Primary): South Carolina
Janine Kern (Primary): South Dakota
Cindy Durham (Primary): Tennessee
Charles Brawner (Primary): Texas
Gary Anderson (Primary): Utah
Dick Smith (Primary): Vermont
Robert E. Shepherd, Jr. (Primary): Virginia
Ann M. Carey (Primary): Washington
Fred P. McDonald (Primary): West Virginia
Deirdre Garton (Primary): Wisconsin
John E. Frentheway (Primary): Wyoming
Office of Juvenile Justice and Delinquency
J. Robert Flores: Administrator
William L. Woodruff: Deputy Administrator
Chyrl Andrews: State Relations and Assistance Division
Greg Thompson: State Relations and Assistance
Timothy Wight: Designated Federal Official
Office of Justice Programs
Charlie T. Moses, III: Senior Counsel, Office of General Counsel
General Services Administration
Charles F. Howton: Acting Director, Committee Management Secretariat
Hawbecker, J.D.: Attorney, U.S. Environmental Protection Agency
Mildred Horton: Parliamentarian
Juvenile Justice Resource Center
Daryel Dunston: Juvenile Justice Specialist
Carol Sadler: Assistant Manager
January 12, 2004
Welcome and introductions
Timothy Wight, Designated Federal Official, convened the meeting and welcomed
participants to the first working session of the Juvenile Justice Advisory
Group (FACJJ). Mr. Wight outlined how the Juvenile Justice and Delinquency
Prevention Act of 2002 defined the FACJJ and its responsibilities as an
advisory body to OJJDP, the President, and Congress. After introducing
Office of Juvenile Justice and Delinquency Prevention (OJJDP) staff present
at the meeting, Mr. Wight introduced Mr. J. Robert Flores, Administrator
Mr. Flores welcomed the participants and talked about his hopes and expectations
for the FACJJ. He urged the committee members to become aggressive advocates
for the children in their states, to compete for "their hearts and minds" against "pornographers,
gangs, and drug dealers." While juvenile justice is primarily a state responsibility,
Mr. Flores said, the federal government's role is to provide some funding
assistance, program development, and training and technical assistance.
He described his relationship with the FACJJ as the "most important one
I will have during my tenure as administrator."
Mr. Flores discussed the recent OJJDP reorganization and how it was designed
to integrate research, training and technical assistance, and information
dissemination (publications) into the three divisions that develop, implement,
and administer program policies and procedures. OJJDP was reorganized so
that research would inform policy and program development and what the
office learns through research can more effectively be communicated to
He urged the committee members to work with OJJDP. While partisan arguments
and "ugly disagreements" have no place where the care and treatment of
children are concerned, he said, there is plenty of room for philosophical
debate. "Exercise charity while you are aggressive, and be direct," he
said. The FACJJ provides the states the opportunity to have direct input
into the federal policy development and budget processes, he said. This
is the vehicle for the governors to communicate their needs, wants, and
vision for juvenile justice funding and to begin to build bridges with
other federal agencies. Mr. Flores urged the states to reach out to him
and OJJDP, to invite him to advisory group meetings, and to put their requests
in writing so they are "put on the table" for further discussion.
This meeting, Mr. Flores said, was not an effort to run the committee
from Washington or to coopt the process. The committee members would be
asked, he said, on how approximately $16 million in Title V funds should
be spent. OJJDP has considered changing the way Title V is administered
and he would ask for the FACJJ's input later in the meeting, he said. His
mandate, Mr. Flores said, is to serve the children of the United States
well. "Success for us is no children in jail, no families broken up, and
no children arrested," he said. He looked forward to meeting and talking
with the state representatives over the course of the meeting, he concluded.
Mr. Charles Howton, Acting Director, Committee Management Secretariat
of the General Services Administration, provided Federal Advisory Committee
Act (FACA) training. He described how a federal advisory board assists
the government, outlined the FACA rules and regulations that govern the
FACJJ and the advisory committee's responsibilities under FACA, provided
background on how federal advisory committees function and the history
of the development of the advisory committee movement in the United States,
and outlined what the General Services Administration is and does. In response
to several questions from the floor, Mr. Howton clarified the FACJJ's relationship
with OJJDP and how the advisory committee can and must operate.
Mr. Hale Hawbecker, Attorney with the U.S. Environmental Protection Agency,
discussed legal considerations that could and are likely to affect the
functioning of the committee and how it relates to OJJDP. During his presentation,
Mr. Hawbecker entertained a number of questions from the floor seeking
clarification on recent changes to federal anti-lobbying laws and how they
would affect the advisory committee and its operations. The question was
raised whether State Advisory Groups (SAGs) would be in conflict with federal
anti-lobbying legislation if they provide an annual report to their legislatures
and governors. The Anti-Lobbying Act (18 USC § 1913) does not forbid
lobbying of legislative bodies, Mr. Howton told the participants; it only
forbids the expenditure of Federal funds for this purpose. Any further
clarification on using Federal funds for lobbying should come from the
Office of General Counsel of the Office of Justice Programs (OJP), Mr.
January 13, 2004
Mr. Charles Moses, Senior Counsel with the Office of General Counsel in
the Office of Justice Programs, discussed federal ethical standards that
apply to federal advisory committee members.
Mrs. Mildred Horton, parliamentarian, provided a brief tutorial on Robert's
Rules of Order and how they should be applied to the committee's
conduct of business.
During lunch, candidates for the chairmanship were invited to make brief
presentations to the full membership. Eight candidates spoke before the
group. When the committee reconvened after lunch, members were asked to
cast ballots to elect a chairman. On the first ballot, David Schmidt (New
Mexico) was elected with a majority of 26 votes out of 50 votes cast. Tim
Wight then informed the full committee that OJJDP had divided the states
into two groups; members from states falling in the first half of the alphabet
would serve an initial 1-year term, and members from states in the second
half would serve 2 years. Thereafter, all members would serve 2-year terms.
A question came from the floor about the eligibility of members to serve
on the FACJJ if they were removed from their State Advisory Group (SAG).
Mr. Wight said that only SAG members could sit on the FACJJ.
Mr. Flores encouraged the advisory committee to communicate its concerns,
problems, and solutions to his office. A number of resources, including
the Coordinating Council on Juvenile Justice and Delinquency Prevention
(OJJDP's other advisory committee), were available to the committee, he
added, and he urged the FACJJ to make use of these resources. Regarding
committee members' concern about what constitutes prohibited lobbying activity,
Mr. Flores urged the SAGs to first seek the guidance of their state's general
counsel (for example, the State Attorney General's Office), and if further
information is needed, the state should contact OJJDP.
In response to a question from the floor seeking clarification on how
Formula Grant funds are likely to be allocated, Mr. Flores said that the
Juvenile Justice and Delinquency Prevention Act of 2002 changes the way
OJJDP can administer its budget. At the time of the meeting, he said, it
was unclear whether Congress would pass a FY 2004 budget or keep OJJDP
on a continuing resolution for the remainder of the fiscal year, which
would freeze Formula and Block Grant spending at FY 2003 levels and provide
no additional discretionary funds. Mr. Flores said he had asked OJJDP staff
to come up with new ways to administer Title V funds, including putting
them up for competitive bid. One of the FACJJ's first orders of business,
he said, was to recommend whether the funds should be distributed as they
traditionally had been, put out for competitive bid, or some other alternative
solution. He would not act until he had heard the FACJJ's recommendation,
Mr. Flores said. A committee member suggested that, in the future, it would
be helpful if FACJJ members could be notified in advance if a recommendation
was expected of them so they could consult with their governors and juvenile
justice specialists prior to coming to a meeting.
Following a brief break, voting for the vice chairman was held; of the
50 votes cast on the first ballot, Susan Morris of Oklahoma (16 votes)
and Hasan Davis of Kentucky (15 votes) received the most votes of the 9
candidates. In the runoff ballot, Mr. Davis won a majority, receiving 30
of 49 ballots cast, and was named vice chairman.
Chairman Schmidt called for the creation of an ad hoc subcommittee to
present recommendations on how any Title V funds should be allocated. The
committee should consider a number of possibilities, he said, including
the competitive bid process among all states; allocating funds based on
geography, large versus small states, or some other formula; or distributing
funds in the traditional manner, based on juvenile population. The chairman
named Allison Fleming as chair of the ad hoc "Title V" subcommittee. The
subcommittee was asked to report back the next day (Wednesday, January
14) with recommendations the FACJJ will make to OJJDP.
Members offered a number of thoughts for consideration on how the Title
V funds might be allocated. They included:
- Group states by large, medium, and small status and competitively
bid funds by group.
- Provide longer project periods (longer than 3 years) and
make larger allocations. Make information available on
how states can improve their grant applications. States that win awards
would not be eligible to apply again for 5 years or the length of their
- States' Title V programs are at different developmental
levels. Let effective programs bid competitively for funds.
- Allocate FY 2004 funds to all states, put 2005 and beyond
funds up for competitive bid.
- It costs more to start up a program than to sustain a
program. Give the states time to plan and develop priorities, so that
good programs have a chance to survive.
- Many SAGs keep programs afloat through mixing and matching
of funds from different pots of money. For this reason
it is important to keep funds flowing.
- A small amount could be guaranteed to every state and
the balance could be put up for bid to fund demonstration programs.
When general discussion concluded, Chairman Schmidt called for volunteers
to join the ad hoc "Title V" subcommittee. Dick Smith, Pat Connell, Jerry
Walsh, Margaret Trujillo, Ned Chester, Bernardine Hall, Mark Johnson, and
Robert Evans volunteered and were named to the subcommittee.
Chairman Schmidt also proposed ideas for several other committees and
chairmen to head them. The suggested committees and charges included:
- Annual Report Committee to research
and prepare the FACJJ's annual report, which should provide advice to
the Administrator on the functions and work of OJJDP and provide advice
to OJJDP, the President, and Congress on the operation of OJJDP, legislation,
OJJDP's budget, and the "state of the states." Members named to the committee
are Robert E. Shepherd and Susan Morris co-chairs; Glenn Quinney; Bernardine
S. Hall; Ken Moore; Andrew J. Harris, Jr.; Gary Anderson; Patricia Connell;
Robert Mardis; Thomas McBride; Michael Elmendorf; and Jeriel Heard.
- Legal Affairs Committee to review and
recommend to amend, if needed, the FAC's bylaws, review standard assurances
in special conditions clause, and draft, amend, and review rules and
procedures for the FAC's subcommittees. Members named to the committee
are B. Thomas Leahy and Michael Mayer as co-chairs, Cindy Durham, Eileen
M. Daily, Janine Kern, Linda Davis, Margaret Trujillo, and Mark A. Johnson,
who also will serve as committee parliamentarian.
- Emerging Needs and Issues/Planning/Survey/Meeting
Committee to survey FACJJ and State Advisory Group members,
determine the needs of the FACJJ (staff, resources, funds),
and determine other meetings that might be necessary. Members named
to the committee are Billy Wasson and Harry Davis as co-chairs, Stan
Hanstad, Lindi Sinton, Edwin Chester, Deirdre Garton, James G. Kirk,
Robert M. Evans, Barbara B. Tyndall, Charles Brawner, John Frentheway,
Tom Mullen, Dottie DeFeo, Linda Uehara, Daniel Elby, Fred McDonald,
Christopher Duenas, and Boyd Marsing.
The meeting was then adjourned for the day.
January 14, 2004
Timothy Wight, in a general announcement, told the FACJJ that members can
serve no more than two consecutive terms, which meant that the present
membership could serve a maximum of three or four years, depending on which
state they represented and if they were reappointed after one term. He
also announced that OJJDP's newly redesigned Web site was launched the
previous day (Tuesday, January 13) and had a FACJJ Web page.
Chairman Schmidt called the meeting to order and noted that a quorum of
the members were present. He announced that the ad hoc Title V subcommittee
would be changed into a full standing committee of the FACJJ. He then called
for chair Allison Fleming to read the committee's recommendations.
Ms. Fleming said it was the committee's recommendation to the FACJJ that
OJJDP continue Title V funding under "the current formula-based distribution." Chairman
Schmidt asked the FACJJ to consider the first recommendation, which was
moved and seconded. He asked Ms. Fleming if the Title V committee would
support fund distribution to all states if there are very few dollars available.
She said it was the committee's understanding that this was a one-time
condition. She moved to amend the recommendation to reflect that under
the condition that $16 million in Title V funds are available that the
recommendation stand. A vote was taken and the motion was carried.
The committee's second recommendation was that the FACJJ work with OJJDP
to develop the distribution plan for FY 2005 Title V funds. The committee
also recommended that the FACJJ chair appoint a subcommittee to work with
OJJDP and to evaluate this distribution plan. If funds are awarded to the
states through a competitive bid, they should go to the State Advisory
Groups for local distribution. Chairman Schmidt asked that the word "subcommittee" in
the recommendations be changed to "committee" to reflect the change in
status. The motion to amend the language was seconded.
At the direction of the FACJJ chair, the meeting broke so committees could
gather to define their scope of work, allocate responsibilities, and chart
immediate actions to be taken. There was discussion about what resources
and funds OJJDP would make available to support the work of the committees.
Timothy Wight said the FACJJ budget for the current year is $325,000, that
subcommittee meetings should be conducted via conference call, and an OJJDP
contractor would provide meeting and planning support. Chairman Schmidt
called a break to the meeting so the committees could meet.
When the FACJJ meeting reconvened, Chairman Schmidt said that the Title
V Committee would now be known as the Grant Committee, and he called for
a reading of its reworded recommendations. Ms. Fleming read the newly reworded
first recommendation that referenced the $16 million alluded to by Administrator
Flores in his opening remarks be distributed under the current plan. She
asked that a new motion to accept the reworded recommendation be substituted
for the motion on the floor, which was accepted.
The revised and finalized recommendations of the Grant Committee include
1. If approximately $16.5 million is appropriated under the Title V program
in FY 2004, the committee recommends to the FACJJ that OJJDP continue the
current formula-based distribution of the Title V Incentive Grants for
Local Delinquency Prevention Programs in FY 2004. This recommendation is
based upon the following:
- FY 2005 funding and beyond is uncertain.
- Without a state distribution, there is a disincentive
for states and Congress to be supportive of future funding.
- Absent a broad national distribution to all states, there
will be less support for the core requirements.
- States need the FY 2004 distribution to continue funding
current Title V projects.
- Continued funding would ensure an additional year of transition
funding if the title V program moves to a competitive solicitation.
- In a time when state budgets are being reduced, the Title
V funding is critical.
- Establishing a competitive process for the FY 2004 funds
may delay distribution of funds.
2. The committee recommends to the FACJJ that it remain open to working
with OJJDP to develop distribution of FY 2005 Title V funds. It is further
recommended that a committee of the FACJJ be appointed by the FACJJ Chair
to work with OJJDP to evaluate this structure. In the event that there
is a competitive solicitation for Title V funds, the committee recommends
that all funds are awarded to states for approval and distribution through
the State Advisory Groups.
After brief discussion, a vote of the full FACJJ was held and both resolutions
were passed unanimously.
Chairman Schmidt called for each of the committees to report back to the
- The Emerging Needs Committee: Co-chair
Wasson said that the committee had renamed itself to be
the Planning Committee. The group had taken up two issues: the process
of a survey of FACJJ and SAG members and a fall conference. An e-mail
would be drafted and sent to each state in the week following the FACJJ
meeting in which the states would be asked to detail emerging issues
and language to be considered when the survey is drafted. A time line
was drawn up. There were no further recommendations, so the resolution
was passed as a mandate.
The committee recommended that an annual meeting
be held in the autumn of 2004, based upon the findings of
the survey. Budgetary considerations for a followup meeting, possible
site locations, and a shorter meeting (possibly extending over or into
a weekend) were also discussed.
The report of the Planning Committee
was accepted by a unanimous vote of the FACJJ
- The Annual Report Committee: The committee
will work with the Planning Committee on the timing of the
annual conference and responses to the survey that will be included in
the annual report. There will two aspects of the report: A more internal
component for the Administrator and a more public component addressed
to the President, Congress, and OJJDP. The committee will further discuss
how best to address these two components. Help from OJJDP in writing,
editing, and producing the report will be sought. The 30 th anniversary
of the original Juvenile Justice and Delinquency Prevention Act was discussed
as one possible theme for the report. The report of the Annual Report
Committee was accepted by a unanimous vote of the FACJJ.
- The Legal Affairs Committee: The committee
set up a 90-day time line to draft FACJJ bylaws and operational
rules and procedures for standing committees and subcommittees.
The committee asked the OJJDP Administrator to seek clarification from
the Office of Management and Budget and Congress on whether conflicts
exist between the FACJJ Act and recently amended federal anti-lobbying
legislation. Although the committee recognizes that this issue is something
neither the Administrator nor OMB can respond to quickly, the chair did
ask that OJJDP set a time line for responding to the FACJJ on this issue.
The Legal Affairs Committee's report and recommendations include the
following (quoted verbatim):
After brief discussion, the report of the Legal Affairs Committee was
accepted by a unanimous vote of the FACJJ.
"There presently exists an apparent conflict
between the language of the Anti-lobbying Act
(Title 18, Part 1, Chapter 93, section 1913) as recently
amended and the need for individual State Advisory Groups to
make an annual report to Congress and the President (section
It has also come to the attention of the Federal Advisory
Committee that a significant number of the states are required, pursuant
to state statute, to report to their legislature and/or their governors
on the status of juvenile justice laws, rules, and regulations.
These state requirements could also be construed as being in conflict
with the Anti-lobbying Act.
The Federal Advisory Committee is requesting
that the Administrator advise Congress, Office of Management and
Budget, and General Counsel of these gray areas and seek clarification."
After some closing comments by Mr. Woodruff, Chairman Schmidt adjourned
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