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Home My WebLink AboutCOM 0417.000 2006-2008 Pete Hoffmann Phone No. Hilo: (808) 961-8027 ' Phone No. Waimea: 808 887-2043 Council Chair ~ ~ Disn~ict 9-,North and South Koho/a Fax No.: (808) 887-2072 E-Mail: poffmann@co.hawaii.hi.us r HAWAII COUNTY COUNCIL County of Hawai `i //awai'i County Building Holomua Center 25Aupuni Street 6J-]067 Mama[ahoa Highway. Suite ('-5 Hilo, Hawni'i 96720 Waimea. Hawaii 967J3 r , May 7, 2007 - TO: Council Members ~~~~rs~/~'U ~ FROM: Pete Hoffmann, Chair ~l9r Hawafi County Council RE: County of Hawaii Policy for Contingency Relief Fund Processing Enclosed is a proposal from the Corporation Counsel to facilitate the processing of Contingency Relief funds during the fiscal year. "Phis proposed County of Hawaii policy includes a request form for the processing of these funds between the Hawaii County Council and County administration. Please review this proposal. I plan to agendize this topic for discussion at the next Council meeting. If you have questions/comments, please submit them to the Corporation Counsel so that he has time to prepare a response during the Council meeting. "thank you for your consideration in this matter. Encl. PH/smc Comm. tJo.~u Ref. To: Ref. Uate Ic1%~>' ~ 7 2007 Serving tlae /nterest~ of the People of Our Island Hawaii County /s An Equat Opportunity Provider And Employer MtV O• y~ Lincoln S.T. Ashida i~~ Corporation Counsel Harry Kim Mayor Gerald Takase ; • Assistant Corporation o;~„+' Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720-4262 • (808) 961-8251 • Fax (808) 961-8622 April 18, 2007 Sent via email and hard copy - - Honorable Pete Hoffmann Chair, Hawaii Count~r Council 333 Kilauea Ave., 2" Floor Hilo, HI 96720 Dear Chairman Hoffmann: ~ RE: County of Hawaii Policy for Contingency Relief Fund Processing Our Entry Nos.: WRK 05-11119, WRK 05-11187 Enclosed for your review and signature is our proposed County of Hawaii policy for the processing of contingency relief funds between the Hawaii County Council and County administration. We thank you for your effort in facilitating input from your fellow Council members, and for your leadership in agreeing to finalize our policy on behalf of the Council. The enclosed policy reflects earlier legal opinions of our office, and substantially tracks the existing language and intent of the Council's existing rules concerning contingency fund monies. We further incorporated input received from Council members during our briefing a few weeks ago. The enclosed Contingency Relief Funds Request form was developed by the Department of Finance, and will further serve to streamline the process. We again thank you for your dedication and hard work on this project. Please return the signed policy to our office, so we may obtain Mayor Harry Kim's signature. We will ensure a fully executed copy will be forthwith returned to the Council. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel Encl. c: Honorable Casey Jarman, County Clerk (w/ encl.) S: DeptslMayor/Policy re Contingency Funds/Letter to P Hoffmann 4-18-07/LSAmr Hawaii County is an Equal Opportunity Employer and Provider COUNTY OF HAWAII POLICY FOR PROCESSING OF COUNCIL CONTINGENCY RELIEF REQUESTS (Final Version 4-18-07) POLICY: In recognition of Article VII, Section 4 of the Hawaii State Constitution, Chapter 46 Hawaii Revised Statutes, as amended, and substantial case law s limiting the lawful appropriation of public funds by a County to public purposes within the authority of the County as granted by the Hawaii State Constitution and Chapter 46, Hawaii Revised Statues, the County of Hawaii establishes the following policy for the processing of Council contingency relief funds. It is the policy of the County of Hawaii that all contingency relief monies released from the Hawaii County Council be for a County related program or activity within the appropriate County department or agency that furthers the goals and objectives of that department or agency, and that no money be received for purposes not consistent with the above public purpose doctrine. PROCESS: The attached form will be completed by the Council member and submitted to the department/agency. The form will then be submitted to the Mayor for review and approval. The following are the criteria for the receipt of these funds: • Funds will be for the purpose of funding County related programs or activities within the department/agency. This includes existing programs as well as planned long-range programs not yet implemented by the department/agency. AI! programs must further the goals and objectives of the department/agency. Article VII, Section 4 of the Hawai i State Constitution provides as follows: No tax shall be levied or appropriation of public money or property made, nor shall the public credit be used, directly or indirectly, except for a public purpose. No grant shall be made in violation of Section 4 of Article I of this constitution. No grant of public money or property shall be made except pursuant to standards provided by law. Z It is well settled across the United States of America that all appropriations or expenditures of public money by municipalities and indebtedness created by them, must be for a public and corporate purpose, as distinguished from a private purpose. Brown v. Longiotti, 420 So.2d 71 (Ala. 1982); Schroeder v. Irvine City Council, 97 Cal.App.4a' 174, 118 Cal.Rptr.2d 330 (4'b Dist. 2002). Generally, a municipality has no power, unless expressly conferred by constitutional provision, charter or statute, to donate municipal monies for private uses to any individual or company, not under the control of the municipality and having no connection with it. Noble v. Marlin County Health Facilities Authority, 682 So.2d 1089 (Fla. 1996); Texas Municipal League Intergovernmental Risk Pool v. Texas Workers' Compensation Commission, 74 S.W.3d 377 (Tex. 2002). -1- • All funds will be expended in compliance with the above public purpose doctrine. This means the following: 1. All funds are to benefit the public at large, and not be used solely for a private purpose or private benefit. 2. The programs/activities that may be funded with these monies are established by the County through the Charter, ordinance, or direction of the Mayor. • All materials and equipment purchased will be the property of the County of Hawaii. All departments/agencies will comply with State and County laws and procedures in the receipt and expenditure of contingency relief monies. APPROVED: APPROVED: HARRY KIM PETE HOFFMANN Mayor Chair, Hawaii County Council Date: Date: -2- COUNTY OF HAWAII CONTINGENCY RELIEF FUNDS REOUEST (FINAL VERSION 4-18-07) TO: DATE: Department FROM: PHONE/FAX: Council Member A. REQUEST (ATTACH BACKUP INFORMATION, IF AVAILABLE) I. AMOUNT OF MONEY TO BE TRANSFERRED: 2. PURPOSE(S) OF TRANSFER: 3. IF THE MONEY IS DESIGNATED FOR A NONPROFIT ORGANIZATION, NAME OF ORGANIZATION: IS IT A 501(C)(3)? ?YES ? NO 4. COUNTY-RELATED PROGRAM(S) OR ACTIVITY(IES) TO BE FUNDED: DEPARTMENTAL GOALS AND OBJECTIVES TO BE ADDRESSED: 6. FUNDING TO BENEFIT THE PUBLIC-AT-LARGE (AS OPPOSED TO PRIVATE BENEFIT)? ?YES ? NO 7. IS THE PROGRAM OR ACTIVITY FUNDED ESTABLISHED BY CHARTER, ORDINANCE, OR DIRECTION OF MAYOR? ?YES ? NO B. DEPARTMENT'S RECOMMENDATION: ? APPROVE ? DENY ? DEFER: RATIONALE: DATE: Department Head C. MAYOR'S ACTION ? APPROVED ? DENIED ? DEFERRED: COMMENTS: DATE: Mayor