Nicholas County Community Action Association, DAB No. 1209 (1990)

Department of Health and Human Services

DEPARTMENTAL APPEALS BOARD

Appellate Division

SUBJECT:Nicholas County Community
Action Association
Docket No. 90-174
Decision No. 1209

DATE: November 20, 1990

DECISION

Nicholas County Community Action Association (Grantee, NCCAA) appealed a
decision by the Office of Human Development Services (OHDS, Agency) to
disallow $3,571.49 charged to its federal Head Start grant. Grantee
incurred the costs in question during two budget periods --$2,129.19,
within the period September 1, 1988 through August 31, 1989, and
$1,442.30, within the period September 1, 1989 through August 31, 1990.
The amount at issue was paid to the full time Executive Director of
NCCAA, who also acted as theinterim Head Start Director following the
death of the Head Start Director on July 1, 1989, until the appointment
of a new Head Start Director in October 1989.The Agency disallowed the
costs because it found that the Grantee could not pay one individual two
full time salaries from federal funds.

For the reasons discussed below, we uphold the disallowance in full.

Background

The Executive Director of NCCAA notified the Board of Directors in a
meeting on July 14, 1989 that the Head Start Director had died suddenly;
the Executive Director offered to act as Head Start Director until the
position could be filled.Grantee's brief and appeal file, at p. 3.
The Board of Directors approved the action by unanimous vote and
continued on to other business.Id.The Board of Directors did not
discuss or approve any type of compensation or salary. Subsequently, on
July 17, 1989, the Executive Director informed OHDS by telephone of his
assumption of the Head Start Director duties, but no salary or
compensation was discussed.When OHDS reviewed the Grantee's draw-down
of federal funds for the Head Start program and questioned certain
expenditures, the Grantee confirmed to the Agency that the expenditures
represented the Head Start portion of monies paid to the Executive
Director based on his services as Head Start Director, in addition to
his salary as Executive Director.Thereafter, OHDS notified the Grantee
that the costs would be disallowed as Head Start program costs.

Analysis

The Agency, in its disallowance letter, noted that both the positions of
Executive Director and Head Start Director are full time positions paid
out of federal funds.The Agency determined that an individual could
not serve full time as Executive Director and at the same time serve as
a full time Head Start Director drawing a second full time salary from
the Head Start budget. 1/

The Grantee argued that the Executive Director had approval from its
Board of Directors and the Agency's regional office in Philadelphia for
the Executive Director to continue to serve in his dual role as
Executive Director and Head Start Director.Grantee's brief, p. 1.
Further, the Grantee asserted that there was no doubt on the part of the
NCCAA Board of Directors, or on the part of the Executive Director, that
the Executive Director would be "adequately compensated" for taking on
extra duties as the Head Start Director, and that the subject of
compensation did not come up with the Agency's representatives.Id.

We agree with the Agency, that paying a second full time salary to the
Executive Director is not a reasonable cost to the Head Start grant.
The Grantee is a nonprofit organization and, pursuant to 45 C.F.R.
74.174(a) (1988), is subject to the cost principles of Office of
Management and Budget (OMB) Circular A-122, applicable to grants to
nonprofit organizations.OMB Circular A-122, Attachment A, paragraph A,
provides:

 2.Factors affecting allowability of costs.To be allowable
 under an award, costs must meet the following general criteria:

  a.Be reasonable for the performance of the award and
  be allocable thereto under these principles.

   * * *

 3.Reasonable costs.A cost is reasonable if, in its nature or
 amount, it does not exceed that which would be incurred by a
 prudent person under the circumstances prevailing at the time
 the decision was made to incur the cost.. . .In determining
 the reasonableness of a given cost, consideration shall be given
 to:

  a.Whether the cost is of a type generallyrecognized as
  ordinary and necessary for the operation of the
  organization or the performance of the award.

These general grant principles are intended to ensure that expenditures
of grant funds are reasonable and proper.See, e.g., Northern Michigan
Health Services, DAB No. 783 (1986).The Board found that dual
compensation is not reasonable.Id.

The Grantee submitted minutes of its Board of Directors July 14, 1989
meeting to support its argument that everyone understood that the
Executive Director would be paid a full time salary for each position.
The minutes of the meeting consisted of one page, and the Head Start
Director's position was the subject of one paragraph.In relevant part,
the minutes state:

 [The Executive Director] announced that the Head Start Director
 . . . had died . . . suddenly.It will take at least two months
 to replace him.The job will have to be advertised, interviews
 done, and decision approved by the Philadelphia office.[The
 Executive Director] said with the board's approval he would act
 as Head Start Director until the job was filled.[A Board
 Member] made a motion that [the Executive Director] act as Head
 Start Director until such time [sic] the position had been
 filled.[Another Board Member] seconded the motion and the
 motion carried unanimously.

Grantee's brief and appeal file, at p. 3.We find that the minutes do
not support the Grantee's position -- there is no mention of paying the
Executive Director any extra amount at all.In any event, the Grantee
failed to show how such an arrangement would be reasonable. 2/

Further, we find the Grantee's assertions unreasonable in other respects
as well.While the record indicates that the Executive Director managed
to handle certain necessary aspects of the Head Start Director's
position, nothing in the record indicates that he fulfilled all the
duties required of the Head Start Director.Indeed, the Grantee did not
allege that the Executive Director devoted 40 hours a week to the Head
Start Director's position, which would be required of a full time
position.We note that at least half of the period of time that the
Executive Director served as interim Head Start Director was not during
the Head Start school year, which might have required less time and
effort than when children were present.

Finally, composition charts B and C found at 45 C.F.R. Part 1304,
Appendix B, include the Executive Director as one of the individuals
charged with the responsibility of hiring and firing the Head Start
Director.Therefore, inherent in the Executive Director's position is
the overall responsibility to ensure that the Head Start Director
performed adequately.In general, if in the absence of a Head Start
Director, an Executive Director were allowed to receive the full Head
Start Director's salary for performing some duties, this might provide
an incentive not to hire a Head Start Director.

Conclusion

Based on the foregoing, we uphold the Agency's disallowance in full.

 

     ____________________________
     Cecilia Sparks Ford

 


     _____________________________
     Norval D. (John) Settle

 

     ____________________________
     Alexander G. Teitz Presiding
     Board Member


1.   Before the Board, the Agency also argued that the disallowance
should be upheld since the Executive Director had volunteered his
services to Head Start.Further, the Agency argued that the Grantee
failed to obtain the Agency's prior approval of the Executive Director
as interim Head Start Director.Since we find for the Agency on other
grounds, we do not reach these arguments.

2.   We note that even the Agency recognized that the Executive
Director contributed substantially to the continued sound administration
of the Grantee's Head Start program by acting as the interim director.
We express no opinion, however, on whether the Board of Directors could
vote the Executive Director a reasonable extra amount as a bonus charged
directly to the Head Start grant, if the requirements of Circular A-122
were met and funds were