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HomeMy WebLinkAboutMIN HSSSC 2022/07/05 2020-2022 HSSSC-20 July 5,2022 CHR. LEE LOY: Thank you, Mr. Clerk. Since we already have an active motion, I believe we have Judge Strance available for us today. And I just wanted my colleagues to know, since our last meeting I've been going back and forth with Judge Strance along with the Finance Department about some of the goals of this ad hoc committee. And also,just acknowledging our lane. We are the Legislative body, and then there's the administrative side of this. And there's some things within the nonprofit grant-in-aid that kind of stands in both lanes. We kind of allow for the policy pieces. And this is a program that is for the Council; however, there are a lot of functions that happen on the Administration side. And so Judge Strance was so kind to work with me over the course of the last few weeks. But I just wanted her to kind of share with this Council our discussion along what we think would be a nice pathway forward, that helps us achieve what we want as a body to continue to keep tabs on this program but still allow us to remain in the Legislative lane while our Administration and our Finance Department does their work. So Judge Strance, if you don't mind bringing the rest of my colleagues up to speed. (Note: At this time. Corporation Counsel Elizabeth Strance came forward to address the members of the Committee.) MS. STRANCE: Great. Thank you. MS. STRANCE: Elizabeth Strance, Corporation Counsel. And thank you, Chair Lee Loy, for your patience with me as well. The communication before you is very similar to the communication that you folks passed last year in anticipation of the grants you just awarded during the budget process. Part of the discussion that Council Member Lee Loy and I have been having is that there's a piece of that, that has not really been addressed, and that is the evaluation process and the connection of the grant money to perform in symmetric. And so one of the things that we've been discussing is whether to do a separate resolution for Council Member Lee Loy to come up with a proposal to make to this committee for discussion at the committee level, but it would address the monitoring piece of the grant-in-aid program. And to that end, I have been doing some research,principally with what the State grant-in-aid program does, and have been pulling some of that information as maybe a starting point, to start looking at how that is done. And keeping in mind that there's not tons of staff in the Finance Department, and really none devoted to this program on your end. And how can, as part of the reporting responsibilities, can we collect enough information to make everybody's job a lot Page 2 HSSSC-20 July 5,2022 easier and transparent. And so that's what we've been working on and what I think Chair Lee Loy anticipates as a separate piece ofa separate communication or resolution. CHR. LEE LOY: Thank you, Judge Strance. And if you don't mind sharing some of the conversation we had around not only the implementation and what, you know, we're identifying as contract-monitoring, but also some of the conversation we had around what if someone didn't like our decision and what might be necessary as an appeals process. Because we want to afford all of our contracts the same opportunity that's afforded to them. If they were dumping rubbish or cleaning the park, we want to get everybody in the same lane. So Judge Strance, if you could share a little bit about some of that decision and what an appeal may look like, and maybe possible future legislation that we would need to consider. MS. STRANCE: So the way that the current contracts are set up, is that if there are disagreements regarding the performance of the contract, the Council is the final body, so it assumes an arbiter type of role; but you don't have rules to accomplish that, where the Finance Department does have rules and an established process under the Administrative Law for dealing with disputes. And so I think as part of thisI'm going conversation in terms of where the lanes—is trying to make sure that either the process has a vehicle to jump back to where there is already existing rules, or determining whether there are additional rules that you folks need to add to your Council rules, or possibly, legislation. So we're just trying to round out the full evaluation process, keeping in mind what's already in the Code and what responsibilities the different bodies already have. CHR. LEE LOY: Thank you so much, Judge Strance, and thank you to my colleagues for the latitude. I just wanted to share with you some of the ongoing conversations that we have been having, and just really want to open it up to any of my other colleagues if you have any other questions for Judge Strance. However, based on this discussion and some of the work that, you know, keeping everybody in the right lane, I'm going to be withdrawing this and working with our Administrator, Finance Department, and Judge Strance to put something forward that actually sets the foundation for us as we keep moving forward on the nonprofit grant-in-aid program. So with that, Mr. Inaba. MR. INABA: Yes. Thank you. So just to confirm, you folks will work together and then bring some type of product for this entire committee to discuss? CHR. LEE LOY: Yes, that is the goal, Mr. Inaba, and taking into consideration what Finance Department has as far as all the different levers and tools that have around contracts, contract monitoring, along with their ability to hold people Page 3 HSSSC-20 July 5,2022 accountable to that contract. And as Judge Strance mentioned, we can't be a contract monitor and an arbiter at the same time. We can't hold both the sword and the shield in that decision-making. It has to happen in another lane and then advanced through those processes. I hope that answers you. MR. INABA: Yep. I think this is a better approach, and then for the whole Council and this committee to decide together on any tweaks. We want to make sure that everybody gets a chance to chime in. And we don't have to reinvent the wheel, which I think—and I—yeah, I believe the intention of this proposition kind of comes from. So, I support this approach. Thank you. CHR. LEE LOY: Thank you, Mr. Inaba. Anyone else? Ms. David. MS. DAVID: Thank you, Chair Lee Loy; and Judge Strance, I just wanted to say thank you to you for putting the time and effort into really delving into this situation. Because as Ms. Lee Loy said—and thank you, Ms. Lee Loy, for bringing this to Judge's attention, and actually to the serious points that might put our body, or this body, into some conflict issue. So just wanted to say thank you, Ms. Lee Loy; thank you, Judge Strance. And I look forward to the resolution when it comes before us, so thank you. And have a great rest of your trip, Judge Strance. I yield. CHR. LEE LOY: Thank you, Ms. David. Anyone else? Seeing none—go ahead, Mr. Inaba. MR. INABA: I'll withdraw the motion to close file on communication. I'll just close it out? MR. HENRICKS: Maybe dispose of it, if you don't see any future needs for it. It would be okay to vote on it and close it. It keeps clean CHR. LEE LOY: Thank you for that guidance, Mr. Clerk. So all those in favor of closing file on Communication 785,please say "aye." Vote on Comm. 785: The motion to close file on Comm. 785 was carried by Filed the following voice vote: Ayes: Committee Members David, Inaba, Kierkiewicz, Kimball, Richards, Villegas, Chair Lee Loy –7. Noes: None. Absent: Committee Members Chung and Kaneali`i-Kleinfelder–2. Excused: None. Page 4