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Home My WebLink AboutCOM 0546.000 2000-2002 Saty,'.®s k~~Pr Harry Kim ~ William Takaba Mnyor Director .f . Nancy E. Crawford O si.°~:; ~;n•'~~ Deputy Director County of ~Iavvaii Finance I)epart>rnnent 25 Aupuni Street, Room 118 • Hilo, Hawaii 96720 " (808)961-8234 • Fax (808)96]-8248 ..^,t March 6, 2002 r Honorable James Arakaki, Chairperson and _ Members of the County Council Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Operating Sudget Enclosed is a bill for an ordinance amending the Operating Sudget by appropriating a $80,000 Community Gun Violence Prosecution Program Grant from the U.S. Department of Justice. The $80,000 is the first year's allotment of a three {3) year grant totaling $240,000, which will be used to supplement the funding of~two (2) Deputy Prosecuting Attorney positions. These positions will be assigned to prosecute serious violent crimes involving guns. If there are any questions, please do not hesitate to call the Office of the Prosecuting Attorney. William Takaba Director of Finance APPROVED: i v' w~~ / d~' tl~ Harry Kim Mayor Enc. cc: Prosecutors ~ 11 ~ co~r~. Na~z . File I4tfl. Ref. ~`o: kef. C~a~ - ~ 7/18/91 DEPARTMENT OF FINANCE REQUEST FOR COUNCIL ACTION DEPARTMENT: PROSECCJTING ATTORNEY DATE: 3/04/02 STAFF CONTACT: Nancy, Judy pgONE: 934-3315, 934-3369 A. REOU~~T; Increase revenue in the amount of $80,000.00 for the 2001-2002 fiscal year and establish accounts for disbursement of Community Gun Violence Prosecution Program Grant funds. (AKA: GUN) B. BACKG1d0UND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED): We have obtained a Federal Grant for the Salaries & Wages for t;.~o (2) Deputy Prosecuting Attorney postions that will be created (see attached). Please distribute the funds to the following account: 010-271-5271.61-Oll Salaries & Wages $80,000.00 . , ~ SIGNED° ~,~?~~/~r~ ~ :s~ fail • DATE: 3/04/02 Department Head _ GENT SUMMA~2Y (Supplement to 1~-52,1Zequest for Council Action) Type of Grant Appropriation being requested: (New or an additional appropriation) New (for this fiscal year period). Old Additional appropriation (to an existing grant); Is a draft agreement attached? Has the original grant notification been transmitted to Yes ~ No Council? ~ Yes ~ No Name of Grant Program: Community Gun Violence Prosecution Program Grantor: U.S.1?ept. of Justice, bureau of Justice Assistance County Grantee Department or Agency: Prosecutor's Office County Grantee Contact Person: Jay T. Kimura Phone Number: 961-0456 Amount of Grant: $240,000 ($80,000 each year for 3 years) Grant Period (Commencement & Completion): 1/1/02 -12/31/04 Purpose of Grant: To facilitate rapid, responsive and effective prosecution of serious violent crimes involving guns. County Match required?: ~ Yes No If yes, Matching Amount? $87,720 Budgeted in account# : 010-271-5271.01-011 In-kind? Explain: Explanation: Grant funds up to $40,000 per position. Match will be provided by County funds to snake up salary difference and fringe cost. County's personnel requirements: Amount of new position(s)? Qty: 2 Permanent: ? Temporary: Duration: through 12/31/04 Full-time: ® Part-time: Time Element: Qty: Contractual: ~ Explain: Explanation: 2 deputy prosecuting attorneys, 1 in Hilo and 1 in Kona Additional Comments about Grant: Federal grant funds will be utilized to fund two Deputy Prosecuting Attorney (DPA) positions, one in the Hilo office and one in the Kona office, for three years. These positions will be assigned to prosecute serious violent crimes involving guns. B-52 Grant Summary Form _ _ _ These DPAs will employ a vertical prosecution strategy, whereby a single DPA will handle a case from screening through trial, in order to promote effective case handling and prosecution. In addition, the program will work with the Police Department to: improve and implement an intake, case tracking, and data collection system; expedite screening and charging of targeted cases; work collaboratively with other law enforcement agencies; and conduct relevant training. While limited staff resources precludes vertical prosecution of all cases,special grant funds has enabled the office to employ this approach regarding the prosecution of domestic violence and sex assault cases. The assignment of specially funded DPAs, to handle such cases from screening through trial, has favored continuity, reduced transitions between DPAs, and enabled the development of specialized expertise that in turn, has promoted effective prosecution. The retention of special DPAs to prosecute serious violent crimes involving guns will yield like benefits regarding these kinds of cases. This proposal is similar to the Juvenile Firean~rns Prosecution Program undertaken in Seattle, Washington between 1996 and 1997. In "Promising Strategies to Reduce Gun Violence" published by the Office of Juvenile Justice and Delinquency Prevention in February of 1999, this program was cited, as an example of a program that had demonstrated its effectiveness. Given these factors, the project's prospects for success are considerable. B-52 Grant Summary Form _ i j e~`~TO° ~ U.S. DEPARTMEirT OF IUSTICE j ' i rt~.~ ~_~t OFFICE OF IUST`iCE PROGRAMS I I a'~~i PAGE 1 OF 2 ~ £r: i~ ~ Bureau of Justice j Grant ~ ~ Assistance ~ ~'~tAaT[Cw4" 'I ' 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) ' 4. AWARD NUMBER: 2002-GP-CX-0058 Hawaii County I 25 Aupuni Street i 5. PROJECT PERIOD: FROM O1A01/2002 TO 12/31RQ04 Hilo, HI 95720-2056 BUDGET PERIOD: FROM OllOI/1002 TO 12/31fL004 I 6. AWARD DATE OIR32002 i 7. ACTION 1 A. GRANTEE IRS/VENDOR NO. ~ 8. SUPPLEMENT NUMBER ~ Initial 995000568 ~ 9. PREVIOUS AWARD AMOUNT S p i 3. PROJECT-T f i TII-E ~ 10. AM UNT F • • THIS AWAR• S 240,000 Community Gun Violenm Prosecution Program i 11. TOTAL AWARD S 240,000 12. SPECIAL CONDITIONS j TH£ ABOVE GRAINY PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED 1 PAGES. ~ j I ~ ] 3. STATUTORY AUTHORITY FOR GRAM ~ This project is supported under Public Law 106-113. 113 Sta[ ISOI (1999) I I I I5. METHOD OF PAYMENT PAPRS AGENCY APPROVAL : ~ GRANTEE ACCEPTANCE 16. TYPID NAME AND TY7'LE OF APPROVING OJP OFFICIAL. 118. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL 1 i Deborah J. Daniels Say T. Kimura Assistant Aaomey General Prosecuting Attorney i i i 17. SIGNATURE OF APPROVING OJP OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE ~ ~ j .AGENCY USE ONLY i--' ~ 20. ACCOUNTING CLASSIFICATION CODES 2l. GP02U00011 'i FISCAI. FUND BL`D. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X C GP 80 00 00 240000 I j I OJP FORM 40002 (REV. 5-87) PREVIOUS IDll'IONS ARE OBSOLETE. ~ OJP FORM 4000/2 (REV. 488) tpsirr ov. U.S. DEPAR7'MEh'T OF IUSTICE ~ AWARD CONTINUATION ~ a~era ~ ~ OFFYCE OF NSTICE PROGRAMS i i SITE' E' T PAGE 2 OF 2 ® Bureau ®f Justiee ~ Grant fC J ° Assistance p`Rg:iL'~'4~ , I PR03ECTtv'tJMBER 2(102-GP-CX-0058 I AWARD DATE OI232002 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a i violation of its Certifted Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. j 3. The recipient agrees to comply wiffi the organizational audit requirements of OMB Circulaz A-133, Audits of States, ! Local Governments, and Non-Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapeer 19. 4. The recipient agrees that funds awazded under this program will pay salary and fringe benefit costs for newly hired gun violence prosecutors only in accordance with the established compensation package for the jurisdiction and the requuements of OMB Cu•culaz A-87. 5. The recipient agrees that salary and fringe benefit costs associated with each prosecutor funded under this award may be chargeable eo the award only to the extent that such salary and fringe benefit costs do not exceed 80 percent of the salary and fringe benefit costs of such prosecutor or $40,000, whichever amount is less. 6. The recipient agrees that prosecutors hired under this program will increase the number of full time prosecutors dedicated io the prosecution of firearm-related violent crime, and that funds awarded under this program will not supplant state or local funds which would otherwise be available for prosecution purposes in the absence of federal ,I funds. ~ 7. The recipient agrees to track and report semi-annually, in a format to be provided by BJA, the number of cases ' prosecuted as a result of this program, and to retain supporting documentation for review and audit. ~ 8. The recipient agrees that the number of prosecutor positions created under this award be dedicated foremost eo the prosecution of cases involving violent crimes committed with guns: violations of gun statutes involving drug ~ trafficking and gang-related crimes; and outer gun felonies. If during the period of the award there is an insufficient number of these cases to justify a full caseload for each position created under this award, the position(s) must be used for the prosecution of only other criminal off°nses. The recipient must have the ability to demonstrate compliance with this condition through documentation. i I I I 03P FORM 40002 (REV. 488) a~~ U.S. DEPARTMENT OF JUSTICE ~ GRANT MANAGER'S MEMORANDUM, PT. I: ~T OP. }A . OFFICE OF ]USTICE PROGRAMS PROJECT' SUMMARY ~ ® 8f ~,a r Bllr~all Of JI1StICE w Grant ~e~ Asssstance PROJECT NUMBER 2002-GP-CX-0058 i PAGE 1 OF I This project is supposed under Public Law 106-113.1 ] 3 S[at 1501 (1999) I i ~ I. STAFF CONTACT (Name, address & telephone number) 2. PROJECT DIRECTOR (Name, address & telephone number) Jeff Hall Jay T. Kimura 202-616-3255 I 25 Aupuni Street i Hilo, EII 96720 - 2056 8089610466 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS i ON REVERSE) Community Gun Violence Prosecution Program 4. TITLE OF PROJECT ~ 5. NAME & ADDRESS OF GRA,YI'F.E 6. NAME & ADRESS OE SUBGRANT'EE ~ Hawaii County I 25 Aupuni Street ~ Hilo, HI 96720.2056 I 7. PROGRA.V1 PERIOD i B. BUDGET PERIOD FROR~f: Ol/O1f2002 TO: 12f312004 ~ FROM: 0!/01/2002 TO: 12(312004 9. AMOUNT OF AWARD ~ 10. DATE OF AWARD S 240.000 i 0123/2002 i 'i 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD ' 14. THIRD YEAR'S BUDGET' AMOUNT I i I5. SUMMARY DESCRIPTION OF PROTECT (See instruction on ttvere) In its Conference Agttetrcnt on the Fiscal Year 2001 Appropriations Act, Congress appropriated S75 million for the Community Gun Violence Prosecution i Program (GV P). Tttis program, sifninistered through the B:tseau of Justice Assistance (IiJA). will provide funding directly ro chief prosecutors w hire assistant ~i prosecutors who will focus their attention on She prosecution of cases involving violent crimes committed with guns and other violations of gun statutes involving drug trafficking and gang-ttlated crimes in high firearms-ttlaud violex^.e arena. The goals of G V P ate to allocate resources ditecUy to chief prosecutors across Ne country in order for them to assign assistant prosecutors who ue dedicated to II the prosxution of fuearm-ttlated violent crime, (2) to improve the long-tetra ahility of prosecution agencies to more fully address the issue of firearm-related vioienz crime within their jurisdictions, and (3) to deter frreamt-related vvoleni crime through the swift certainty of prosecuton- Resources provided under this i program are intended to assist jursdictions in paying the salary and barcfits costs of !tiring prosecutors who will be dedicated to prosecuting firearm-related viols ce marten fora }year period. Jurisdictions with a pepulatior. at or above 150,000 may apply for up to S new prosecueors; jurisdictions under 150,000 may appl~fcu 1 or 2. Jurisdictions will be requiY-ad to certify a goad faith effort to retasn these prosecutor for a minimum of l year beyond the conclusion of the grans PeTM I OJP FORM 4000!2 (REV. 488) _ jP~V..Rar u~ U.S. Department of Justice R ~ Office of Justice Programs e~~'tnS9iCP Office of the Assistant Attorney General Washington, D. C. 20531 January 23, 2002 Jay T. Kimura Hawaii County 25 Aupuni Street Hilo, HI 96720-2056 Deaz Prosecuting Attorney Kimura: I am pleased to inform you that the Office of Justice Programs has approved the application for funding under the Community Gun Violence Prosecution Program in the amount of $240,000 for Hawaii County. Enclosed you will find the Grant Awazd and Special Conditions documents. This awazd is subject to all administrative and financial requirements, including Ure timely submission of all financial and progammatic reports, resolution of all interim audit findings, and the maantenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject eo temtination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Jeff Hall, Program Manager at 202-616-3255; and - Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at askoc@ojp.usdoj.gov. Congratulations, and we look forwazd to working with you. Sincerely, Deborah J_ Daniels Assistant Attorney General i Enclosures t~T or Q~~ U.S. I2epartrnent of Justice o`~ e ® ~ Office of Justice Prod ams ~ "'.25„~E~ Office for Civil Rights Warhingron, D. C. 203! January 23, 2002 Jay T. Kimura Hawaii County 25 Aupuni Street Hilo, HI 96720-2056 Dear Prosecuting Attorney Kimura: Congratulations on your recent award. $ecause you have submitted Certified Assurances that your agency is in compliance with applicable civil rights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. section 42204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, l4, and 15, as the grant goes forward. As you know, equal opportunity for the pareicipation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Depaztment of Justice, Office of Justice Programs, Office for Civil Rights, 8l0 Seventh Street. N.W., Room 8136, Washington, D.C. 20531. Additions! /nstructons For Grantees Receiving $SOO,OOtJ Or More: 1. In accordance with Assurance No. 15, each grantee that receives 5500,000 or more (or 51,000,000 in an 18- month period), and has SO or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. t 2. Alternatively, the grantee may choose to complete an ESOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation dme considerably and will ensure a quicker OCR review and approval. The Seven-Step Guide to the Design and Development of an ESOP will assist you in completing this requirement. The Seven-Step Guide and EEOP Short Form may be downloaded from OCR's home page on the Internet (http://www.ojp.usdoj.gov/ocrn. 3. Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors tlrat meet the criteria outlined in this defter. Therefore, all primary grantees should apprise subgrantees of these responsibilities and those meeting the criteria should send their EEOPs or E£OP Short Fonrts directly to the Office for Civil Rights within 60 days of the date of their award. ~ If you have already submitted an EEOP as part of another awazd from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing Services (COPS) within the past two years, or if you have certified that no ESOP is required, it is not necessary for you to submit another at this time. Simply send a copy of the letter you received from OCR showing that your EEOP or certification is acceptable along with a cover letter that references the new grant awazd. NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must retum applicable portion of Certification Form to OCR within 60 days. This Certification Form may also be downloaded from OCR's home page on the Internet. PURSUANT TO THE SPECIAL CONDTI'ION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A V IOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. Additional Instructions For Grantees Receiving 325,000 Or More, But Under 5500,000: 4. Pursuant to Department of Justice regulations, each grantee that receives 525,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded 51,000,000 in an eighteen (18) month period, it must submit an acceptable ESOP to OCR.) Please complete the applicable section of the Certification Form and return it to OCR within 60 days of the date of this letter. NOTE: If agency has under 50 employees, regazdless of amount of awazd, no EEOP is required; however, grantee must return applicable portion of Certiftcation Form to OCR within 60 days. Additional Instructions For Grantees Receiving Under 525,000: 5. A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: 6. In addition, all recipients, regazdless of their type, the monetary amount awarded, or the number of employees in their workforce, aze subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are incompliance with equal employment opportunity requirements.'- If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. Sincerely, Michael L. Alston Acting Director, Office for Civil Rights cc: Grant Manager Financial Analyse '-The employment practices of certain Indian tribes are not covered by Title VII of the Civil Rights Act of 1964, 42 U.S.C. section 2000e