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:

Joe 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 Prevention (OJJDP)

J. Robert Flores: Administrator
William L. Woodruff: Deputy Administrator
Chyrl Andrews: State Relations and Assistance Division
Nels Ericson: Senior Writer/Editor
Greg Thompson: State Relations and Assistance Division
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
Hale Hawbecker, J.D.: Attorney, U.S. Environmental Protection Agency

Parliamentarian

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 of OJJDP.

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 the field.

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.

Training

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. Howton said.

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.

Open session

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 award.
• 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 the following:

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 full FACJJ.

• 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):

  "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 223).
  
  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 brief discussion, the report of the Legal Affairs Committee was accepted by a unanimous vote of the FACJJ.

After some closing comments by Mr. Woodruff, Chairman Schmidt adjourned the meeting.

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