We have a project that is in a disaster area to help restore a building that houses children that have been removed from their homes by Children and Family. We are contemplating donating funds for repairs and also several employees help out in order for the donation to cover other major repairs. Would the service hours from our employees be considered? like I mention the property is in a "disaster area"

Unfortunately service hours for doing repairs by bank employees doesn't qualify for CRA credit. The only bank volunteer hours that count for CRA credit would be either financial in nature or relate to the expertise of the volunteer (legal advice by a bank lawyer for example).

So not even when you are providing services to a distressed geograpahies or dsignated disaster area? Also, the children are considered LMI.

Under the OCC Illustrative list of CRA Qualifying Activities, this one refers to financing or supports essential cummunity facilities that partiallly or primary serve LMI areas and includes disaster recovery areas as well. That would not support the service hours?
§ 25.04(c)(5)(ii)
Topic S
Community development loans, community development investments,
and community development services. A community development
loan, community development investment, or community development
service is a qualifying activity if it provides financing for or supports:
Essential community facilities that partially or primarily serve:
Low- or moderate-income census tracts, distressed areas,
underserved areas, disaster areas consistent with a disaster recovery
plan, or Indian country or other tribal and native lands

The only determinate factor as to whether it will qualify is your examination teams. Like pasta - throw it against the wall and see if it will stick.

Len - is that stated anywhere in black and white? Because, we have not tried to report non-financial services related CD Services but, after reviewing the rule and Q&As, I don't see it spelled out that CD services HAVE to be related to the bank employee's job function. I see in the Q&As at §_.24(e)-2 that CD Services SOMETIMES require special expertise, and an employee's unique expertise... MAY demonstrate qualitative factors. It also says the examiners will consider any relevant information from the institution or 3rd parties. To me, that leaves a whole lot of discretion, especially when the Illustrative List very clearly includes a lot of non-banking activities as qualifying CD Services. Is there an interpretive letter or other guidance besides the statute, rule, and Q&As that addresses this question?

As always, your expertise is greatly appreciated.

_________________________
The opinions expressed are mine, not those of my employer, and they are not to be taken as legal advice.

What illustrative list are you using? There was one published by the OCC that was rescinded ... it included a lot of services that are no longer supported by examiners.
Just wanted to check, sorry if you already knew that.

From page 25 of the FFIEC CRA Q&As:

§ ll.12(i)—1: In addition to meeting
the definition of ‘‘community
development’’ in the regulation,
community development services must
also be related to the provision of
financial services. What is meant by
‘‘provision of financial services’’?

A1. Providing financial services
means providing services of the type
generally provided by the financial
services industry. Providing financial
services often involves informing
community members about how to get
or use credit or otherwise providing
credit services or information to the
community. For example, service on the
board of directors of an organization
that promotes credit availability or
finances affordable housing is related to
the provision of financial services.
Providing technical assistance about
financial services to community-based
groups, local or tribal government
agencies, or intermediaries that help to
meet the credit needs of low- and
moderate-income individuals or small
businesses and farms is also providing
financial services. By contrast, activities
that do not take advantage of the
employees’ financial expertise, such as
neighborhood cleanups, do not involve
the provision of financial services.

I found this Q&A Since the building that we are refering to is in a disaster recovery area and housing homeless children and the work of the employess could be social service as well as an activity to revitalieze a designated disaster area.

§ll.12(g) Community development
§ll.12(g)—1: Are community development activities limited to those that promote economic development?
A1. No. Although the definition of ‘‘community development’’ includes activities that promote economic
development by financing small businesses or farms, the rule does not limit community development loans
and services and qualified investments to those activities. Community development also includes communityor tribal-based child care, educational, health, or social services targeted to low- or moderate-income persons, affordable housing for low- or moderateincome individuals, and activities that revitalize or stabilize low- or moderate income areas, designated disaster areas, or underserved or distressed nonmetropolitan middle-income geographies

Feel free to throw it against the wall and see if an examiner will accept it, but in my experience, all CD service hours must involve the employee's banking/financial expertise or be related to their job function at the bank. It doesn't matter if the service benefits low income or homeless individuals, or designated disaster areas. I would definitely document it for performance context and try to get some positive PR for it, but I think you'll have a very tough time getting CD service credit for it.