Request for Public Assistance – Private Nonprofit

Appeal Brief Appeal Letter Appeal Analysis

Appeal Brief

Disaster	4563
Applicant	Archbishop of Mobile, A Corporation Sole
Appeal Type	Second
PA ID#	097-U9JY3-00
PW ID#	RPA
Date Signed	2023-05-12T16:00:00

 

Appeal Letter

Appeal Analysis

Background

From September 14-16, 2020, Alabama’s southern counties were impacted by severe winds, rain, and flooding from Hurricane Sally.[1] The incident caused extensive damage to several of the Archbishop of Mobile’s (Applicant) parish and ministry buildings. The Applicant, a Private Nonprofit (PNP) organization, submitted a Request for Public Assistance (RPA) to FEMA to repair two buildings it owned, the Catholic Education Office and the Catholic Social Services Office.                                                                                                                                                       

In response to Requests for Information (RFIs) from FEMA that sought information about the Catholic Social Services Office, the Applicant provided, among other things, a narrative explaining the services it provided to the general public, such as substance abuse counseling, health and wellness services, and meal distribution/food services. Additionally, the Applicant provided a floorplan and a description of the function of each space on the floorplan.

FEMA issued a Determination Memorandum on April 12, 2021, denying the Applicant’s RPA. FEMA found that the Applicant was not an eligible applicant for Public Assistance (PA) because it had not provided sufficient documentation to establish it owned and/or operated an eligible facility that provided primarily critical services or noncritical, essential social services.

First Appeal

The Applicant appealed FEMA’s determination on June 5, 2021, asserting that it was an eligible PNP applicant who owned/operated eligible PNP facilities. The Applicant stated that the Catholic Education Office was an eligible critical facility, as it housed the offices of the superintendent of schools and all administrative support functions for all schools in the Archdiocese of Mobile (Archdiocese) school system. The Applicant explained that the Archdiocese was organized as a corporation sole and operated as an umbrella organization for 83 parishes and ministries that were separately incorporated. The Applicant stated that it provided each of the 83 parishes and ministries (which included the schools within the Archdiocese’s school system) with services under Parish Services Agreements. The Applicant added that the Catholic Social Services Office was also an eligible facility because it provided essential social type services. On June 9, 2021, the Alabama Emergency Management Agency (Recipient) transmitted the Applicant’s first appeal to FEMA.

On July 29, 2021, FEMA issued an RFI requesting documentation demonstrating that the Applicant owned or operated any of the elementary or secondary schools that receive administrative support from the Catholic Education Office. The Applicant responded on August 27, 2021, providing the Office of Catholic Schools Policies and Guidelines Handbook (Revised June 24, 2021), a sample Parish Services Agreement, and Alabama Secretary of State Business Entity Records.

On April 11, 2022, the FEMA Region 4 Regional Administrator denied the appeal, finding the Applicant was not eligible for PA because it had not established that it owned or operated a facility that provided PNP eligible services. Specifically, FEMA found the administrative record lacked documentation to demonstrate that the Catholic Education Office provided essential support to an eligible PNP facility providing critical services (i.e., a school recognized by the state as providing elementary or secondary education), or that the Catholic Social Services Office was primarily used for eligible social services to the general public.

Second Appeal

The Applicant submitted a second appeal on June 10, 2022, reiterating prior arguments. The Applicant explains that the Catholic Education Office houses the offices of the superintendent of schools, instructional and educational curriculum development and oversight, and all administrative support functions for all schools in the Archdiocese’s school system. The Applicant also explains that the Catholic Social Services Office provides eligible social services to the general public, including: food assistance programs providing food and household goods to those in need; mental health counseling; medical services offering free pregnancy tests to women; and educational enrichment activities in financial planning and management. The Applicant resubmitted a floorplan for the Catholic Social Services Office with a description of the services offered in each room. On June 13, 2022, the Recipient transmitted the second appeal to FEMA.

On January 10, 2023, FEMA issued an RFI to the Applicant requesting a readable floor plan for the Catholic Social Services Office, including dimensions and a description of the services provided in each room at the time of the disaster, as well as a copy of any Small Business Administration (SBA) loan documentation. On February 8, 2023, the Applicant responded, providing an architectural floor plan of the Catholic Social Services Office, a schedule of all spaces in the facility, and a description of the programs provided in the facility. The Applicant explained that it was not required to file an SBA loan application since FEMA previously determined that it was not eligible for PA but stated that if FEMA finds the Applicant is an eligible applicant, it will submit an SBA loan request.

 

Discussion

Private Nonprofit Eligibility

FEMA may provide funding for the repair, restoration, reconstruction, or replacement of an eligible PNP facility damaged or destroyed by a major disaster.[2] To be eligible for PA funding, a PNP applicant must own or operate an eligible PNP facility.[3] An eligible PNP facility is one that provides: (1) a critical service; or (2) a noncritical, essential social service, and provides that service to the general public.[4]

Catholic Education Office

PNP eligible critical services include education, such as primary or secondary education as determined under state law and provided in a day or residential school, including parochial schools.[5] Administrative and support facilities essential to the provision of the PNP critical service are eligible facilities.[6]

The Applicant provides a predisaster sample Parish Services Agreement executed between the Applicant and one of the Archdiocese’s schools. The agreement states that the Applicant’s authority extends to assisting the school in quality education by facilitating, formulating, and recommending the study of all curriculum areas and the development of curriculum standards and assisting with the process of accreditation.[7] This agreement further demonstrates that the Applicant has authority in the formulation of policies and strategic planning for that school, including: (1) coordinating professional workshops for the principal, key administrative personnel, and teachers; (2) facilitating accountability on the formulation of policies to satisfy the guidelines and requirements of the superintendent; (3) collaborating with agencies within the Alabama Department of Education; and (4) consulting on employee hiring and training, to include guiding the recruitment, screening, and training of new teachers.[8] The agreement also states the Applicant provides financial services, insurance consulting, and legal support for the school.[9]

The administrative record establishes the above actions are performed by the Applicant at the Catholic Education Office. The Applicant has established the Catholic Education Office, which it owns and operates, houses the schools’ superintendent and various support services, including programing (the curricula) and all administrative support functions for the education at elementary and secondary schools. The Applicant has also demonstrated that it has operational authority over the critical educational services the schools provide. The schools are accredited by the state to provide education to primary and secondary school students. Based on the documentation provided on second appeal, the Applicant has established the administrative activities and support provided at and through the Catholic Education Office is essential to the provision of the critical service, namely education, delivered at the schools. Therefore, the Applicant has demonstrated it owns or operates an eligible PNP educational facility.

Catholic Social Services Office

PNP eligible noncritical, essential social services include community centers established and primarily used for the following services (or similar) to the general public, such as: (1) educational enrichment activities that are not vocational, academic, or professional training, and (2) services and activities intended to serve a specific group of individuals (e.g., women) provided the facility is otherwise available to the public on a non-discriminatory basis.[10] PNP eligible noncritical, essential social services also include facilities that do not provide medical care, but provide: (1) alcohol and drug treatment and other rehabilitation services; and (2) food assistance programs, including food banks.[11]

On second appeal, the Applicant submitted a readable floor plan and legend to show that the Catholic Social Services Office houses: (1) financial counseling; (2) legal immigration services; (3) legal services in which local attorneys provide free assistance for civil matters, such as wills, estates, and trusts; (4) “To Be Options for Women” (services for mothers and parenting that include, but are not limited to, providing emergency baby supplies and counseling and parenting education services); (5) substance abuse counseling; and (6) “Backpacks for Students” (a food distribution program) and a food pantry. These are all eligible noncritical, essential social services.[12] For example, financial counseling is an eligible educational enrichment activity, substance abuse counseling is an eligible alcohol and drug treatment service, and the “Backpacks for Students” program and food pantry are eligible food assistance programs. FEMA finds that all spaces in the Catholic Social Services Office are used for eligible services or are common spaces, so a mixed-use analysis is not necessary.[13] In addition, documentation provided by the Applicant indicates that its services are open to the general public.[14] Therefore, the Applicant has demonstrated it owns or operates a facility that provides eligible noncritical, essential social services to the general public.[15]

 

Conclusion

FEMA finds the Applicant is an eligible PNP applicant because it has demonstrated it owns or operates eligible PNP facilities. Therefore, the appeal is granted.