COM 0125.002 2008-2010 - Laserfiche WebLink

Home

Chapter 2, article 25, section 2-139 (Procedure for awarding grants) states: "Site visitations of nonprofit organizations submitting complete applications may be conducted by the council and its designated staff, as deemed necessary by the chair of the appropriate committee, after January 31 but prior to final action on the operating budget by the council. Any site visitations shall be publicly noticed and conducted in a manner that allows flexible councilmember participation and designated staff support." Historically, the purpose of such site visits has been to inspect facilities as needed, inquire about program objectives and clarify any information not readily understood upon summary review of the application. Accordingly, a site visit is afact-finding undertaking, not a "meeting" or "decision- making" deliberation of a board. This is also the case for interviews conducted by the ad hoc committee, where a site visit has been determined to be unnecessary due to award of nonprofit grant monies during the previous fiscal year. While conducting the site visits and interviews, Council Members must comply with Chapter 92-2.5, Hawaii Revised Statutes, which states: [§92-2.5] Permitted interactions of members. (a) Two members of a board may communicate or interact privately between themselves to gather information from each other about official board matters to enable them to pertorm their duties faithfully, as long as no commitment to vote is made or sought. (b) Two or more members of a board, but less than the number of members which would constitute a quorum for the board, may be assigned to: (1) Investigate a matter relating to the official business of their board; provided that: (A) The scope of the investigation and the scope of each member's authority are defined at a meeting of the board; (B) All resulting findings and recommendations are presented to the board at a meeting of the board; and (C) Deliberation and decision making on the matter investigated, if any, occurs only at a duly noticed meeting of the board held subsequent to the meeting at which the findings and recommendations of the investigation were presented to the board; or (2) Present, discuss, or negotiate any position which the board has adopted at a meeting of the board; provided that the assignment is made and the scope of each member's authority is defined at a meeting of the board prior to the presentation, discussion or negotiation. (c) Discussions between two or more members of a board, but less than the number of members which would constitute a quorum for the board, concerning the selection of the board's officers may be conducted in private without limitation or subsequent reporting. (d) Discussions between the governor and one or more members of a board may be conducted in private without limitation or subsequent reporting; provided that the discussion does not relate to a matter over which a board is exercising its adjudicatory function. (e) Discussions between two or more members of a board and the head of a department to which the board is administratively assigned may be conducted in private without limitation; provided that the discussion is limited to matters specified in section 26-35. (f) Communications, interactions, discussions, investigations, and presentations described in this section are nol meetings for purposes of this part. [L 1996, c 267, §2] For the purpose of assuring compliance with subsection (b)(1)(A) of HRS chapter 92, our HSEDC meeting of March 2, 2009, shall serve to notice "assignment" of the ad hoc committee created by the Human Services and Economic Development Committee.