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HomeMy WebLinkAboutCOM 0769.002 2006-2008 ~,,w Lincoln S.T. Ashida Corporation Counsel Harry Kim Mayor Gerald Takase Assistant Corporation or 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 November 2, 2007 Sent via email; no hard copy will follow Honorable Lawrence K. Mahuna Police Chief Hawaii Police Department 349 Kapiolani St. Hilo, HI 96720 Honorable Emily Nae'ole Council Member Hawaii County Council 333 Kilauea Ave., 2nd Floor Hilo, HI 96720 Dear Chief Mahuna and Council Member Nae'ole: RE: Communication 769 (Bill 197) An Ordinance Amending Chapter 2, Article 25, Section 2-136, Hawaii County Code 1983 (2005 Edition, as amended), pertaining to Definitions Relating to Appropriation of Funds to Non Profit Organizations Contingency Relief Funds and the Separation of Powers Our Entry Nos.: WRK 05-11119 and 07-1319 The purpose of this letter is to respond to questions and concerns raised by both the Hawaii Police Department and Council Member Emily Nae'olel concerning the disbursement and use of Council contingency fund monies to non-County organizations that are not tax-exempt entities pursuant to Section 501(c)(3) of the Internal Revenue Code 2 Council Member Nae'ole raises questions and issues through her Legislative Aide, Tiffany Edwards Hunt. 2 26 USCS Section 501. Comm. No. Ref. To: eseW Hawaii County is an Equal Opportunity Employer and Providepef. Date NOU 6 2007 Honorable LawrencA-%,c Mahuna Honorable Emily Nae'ole November 2, 2007 Page 2 In the present case Council Member Nae'ole seeks to have contingency fund monies transferred to (1) the Ka'ohe Homesteads Community and Farm Watch Neighborhood Watch Program, and (2) the Leilani Estates Neighborhood Watch. Some of the items sought by Council Member Nae'ole are a cellular telephone, cellular telephone service, gasoline, a digital camera, meat for a cookout, paint for painting addresses on the streets, and supplies for a monthly newsletter. Based on the reasons set forth in this letter, it is our considered opinion that Council contingency relief legislation not made pursuant to Chapter 2, Article 25, Hawaii County Code 1983 (2005 ed.) (hereinafter "Code"), but instead seeking to specifically direct the Police Department to fund specific items or specific organizations violates the separation of powers doctrine and is legally prohibited. Factual background On October 17, 2007, the Hawaii County Council unanimously approved Resolution 374-07, providing for the award of $3,000 of taxpayer money to the Office of the Prosecuting Attorney, for disbursement to the Hawaiian Paradise Park Neighborhood Watch Program, in order to "purchase materials and supplies to support the neighborhood watch program." In addition to Council action, the County administration authorized this expenditure as appropriate, based upon representations made on the enclosed Contingency Relief Funds Request form dated October 2, 2007. On this form, the Hawaiian Paradise Park Neighborhood Watch was represented as a tax-exempt organization pursuant to 26 USCS Section 501(c)(3). Unfortunately, the representations concerning the tax-exempt status were erroneous. The Hawaiian Paradise Park Neighborhood Watch is not an exempt entity pursuant to 26 USCS Section 501(c)(3).3 In similar recent written requests dated July 19, 2007, and August 2, 2007 respectively, Council Member Nae'ole sought the concurrence of the Police Department and County administration in providing funding for the Ka'ohe Homesteads Community and Farm Watch Neighborhood Watch Program, and the Leilani Estates Neighborhood Watch. Copies of these requests are enclosed for reference purposes. Included were proposed funding requests for the following items: a We strongly recommended to Council Member Nae'ole's staff that this misrepresentation be brought before the Council at a public meeting, since the underlying representations provided the factual basis upon which all nine Council members previously voted in favor of the subject resolution. A communication to the Mayor indicating this erroneous misrepresentation is also highly recommended. Honorable Lawrence: Mahuna Honorable Emily Nae'ole November 2, 2007 Page 3 Ka'ohe Homesteads Cellular telephone service Gasoline for citizen patrols Total: $2,500 Leilani Estates Digital camera Meat for a cookout Paint for finishing painting streets Supplies for monthly newsletter Cellular telephone Total: "$2,300+" (no exact figure was provided) For reasons unknown, identical requests dated October 1, 2007 and October 18, 2007 respectively to fund both the Ka'ohe Homesteads Community and Farm Watch and the Leilani Estates Neighborhood Watch were sent to the Prosecuting Attorney for his approval (documents enclosed). It is unclear whether Council Member Nae'ole disclosed to the Prosecuting Attorney the concerns raised by the Police Department with respect to the use of government funds for a non-public purpose. Further, the forms represent that both organizations are exempt from taxation pursuant to Section 501(c)(3). Unfortunately, the representation that the Leilani Estates Neighborhood Watch is a 501(c)(3) organization is similarly in error. In an email communication received from Tiffany Edwards Hunt on October 26, 2007, a representation is made that the Leilani Estates Neighborhood Watch does not have such status. We again strongly recommend the record be corrected, and all affected County departments and executives be advised of this misrepresentation. The distribution of County funds to non-County organizations Under our laws, there are three principal ways the Council appropriates money to organizations in our community for the benefit of the public. The Council is responsible for the distribution of County funds to the various departments through the passage of the annual operating budget for the County of Hawai'i4 as well as the capital budgets. The operating and capital a Article X, Section 10-5, Hawai'i County Charter (2000). 5 Article X, Section 10-6, Hawaii County Charter (2000). Honorable Lawrencb,.. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 4 budgets are the only two appropriation devices expressly provided for in the Charter requiring Council action. Via ordinance in 1982, the County of Hawaii established a granting process for the disbursement of County funds to qualifying non-profit organizations. This process, expressed in Chapter 2, Article 25 of the Hawaii County Code 1983 (2005 ed.), contains very specific and appropriate safeguards to ensure the prudent and legal disbursement of taxpayer money. Recipient organizations under this process are limited to those entities exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. The Council also oversees a district contingency relief funds This fund was established for the purpose of allowing Council members to transfer County money from the County's general fund for needed and unanticipated shortfalls in established County programs. Appropriate and legal safeguards are included in subsections 3(c) and (d) of this rule (emphasis supplied): (c) Expenditures shall be transferred to County agencies using the appropriate legislative mechanisms for the benefit of the agencies to provide for the public. (d) All purchases of equipment must follow the procurement law and be domiciled in the County Departments. Equipment, supplies and products are the property of the County. Note that for district contingency relief funds, the following aspects found in Council Rule 28 reflects compliance with well-established State and County law concerning the public purpose doctrine: 1. The money is transferred to County agencies for the benefit of the agencies to provide to the public. 2. An existing legislative mechanism (i.e., statute, ordinance or Charter provision) must allow the transfer. 3. Procurement laws must be followed, and all equipment, supplies and products purchased are the property of the County. In sum, the above processes are the only three ways the Council may transfer money from the County's general fund directly or indirectly to non- County organizations. These processes and their accompanying legal authority are summarized below: 1. Annual operating budget and capital budget. Article X, Hawaii County Charter (2000). e Rule 28, Rules of Procedure and Organization of the Council of the County of Hawaii. Honorable Lawrence,,. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 5 2. Annual appropriation of funds to nonprofit organizations. Chapter 2, Article 25, Hawaii County Code 1983 (2005 ed.). 3. District contingency relief. Rule 28, Rules of Procedure and Organization of the Council of the County of Hawaii; State purchasing laws (HRS Chapter 103D); Chapter 2, Article 25, Section 2-139, Hawai'i County Code 1983 (2005 ed.). The following flow chart represents the funding route for both (1) the annual appropriation (granting) of funds to nonprofit organizations (left-hand column) and (2) district contingency relief funds (right-hand column): Council Private nonprofit grants Contingency relief funds (Non-contingency relief funds) Section 2-139(a)(z), HCC Chapter 2, Article 25, HCC I Departments 501(c)(3) organization (Named in resolution) County projects 501(c)(3) organization Section 2-136(5), HCC In house department Charitable projects Procurement organization Chapter 103D, HRS (Not limited to 501(c)(3) if $25,000 or less; allowed by Finance Director Rule 16 and Ordinance 07-52) With respect to contingency relief funds, assuming there is agreement on the part of the County department to fund a particular 501(c)(3) organization, the organization and the project must be named in the body of the resolution. In Honorable Lawrence A. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 6 such a case, the department would process the grant based on the contents of the resolution. Alternatively, contingency funds may be given to a department in support of a project without naming any nonprofit organization in the resolution. The department may then carry out the project through in-house resources, procurement of goods and services, and/or issuing a grant to a charitable organization pursuant to Section 2-139(a)(3)(C), of the Code. Based on Rules and Regulations of the Finance Director Rule 16.8(d)7 and Section 2-139(a)(3) of the Code, grants of $25,000 or less may be awarded to any charitable organization. Thus, if the police, who are charged with law enforcement, determine that additional resources are needed in a particular district or neighborhood, contingency relief monies for the purpose of funding such additional resources may be appropriate. However, assuming the department is not in agreement with the need for the particular project the Council member seeks to fund, the Council may not mandate the nonprofit or other organization be funded with taxpayer money .8 In such cases, the clear separation of powers between the executive and legislative branches of our County government would dictate such a result. The Separation of Powers Doctrine Article III, Section 3-1 of the Hawaii County Charter (2000) (hereinafter "Charter") provides as follows: Powers and Functions. The legislative powers of the county shall be vested in the county council. Its primary function shall be legislation and public policy formulation, as distinct and separate from the executive administration of county government. Similarly, Article IV, Section 4-1 of the Charter confers upon the executive branch of our County the authority for the administration of the day-to-day operations of our municipal corporation as follows: ' Rule 16.8(d) provides that "Grants to non-profit agencies, charitable institutions or community groups, not to exceed $25,000.00, may be authorized by the Director of Finance for worthy projects or programs which enhance the community or provide needed services or assistance to residents or visitors, upon written request of a funding agency." ' This is the reason the County of Hawaii Contingency Relief Funds Request form, approved by both the administration and council, was developed and its use implemented. Honorable Lawrenct--r,. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 7 Executive Power. The executive power of the county shall be vested in and exercised by the executive branch, which shall be headed by the mayor, and administered by the managing director, except as otherwise provided by this charter. In the County of Hawaii, the above two provisions of our Charter have historically represented the separation of power between the Council and administration. The County of Hawaii, like many municipal corporations, is vested with legislative and executive powers, "the latter being sometimes referred to as administrative or ministerial powers or duties." McQuillan's Municipal Corporations, 3`d ed., Section 10:6. "Legislative power, as distinguished from executive power, is the authority to make laws, but not to enforce them, or appoint the agents charged with the duty of such enforcement." McQuillan's Municipal Corporations, supra (Emphasis supplied). We need look no farther than our Charter to recognize the Council's authority is specifically limited to "legislation and public policy formation." Functions related to the "executive administration of county government" are vested with the Mayor. As the excerpt from McQuillan's Municipal Corporations, supra, above points out, the Council's responsibility is to "make laws, but not to enforce them." As previously stated by our office, the Council formulates and expresses public policy for our County through the passage of legislation (laws). It is then incumbent upon the administration to enforce those laws. Simply put, our Charter's system of checks and balances ensures the administration will not tell the Council what laws to pass, and the Council will not be able to micromanage the administration with respect to the manner in which the laws are to be enforced. As McQuillan's Municipal Corporations, supra at pp. 397-98 further points out, "The crucial test for determining what is legislative and what is administrative has been said to be whether the ordinance is one making a new law, or one executing a law already in existence. In other words, if the legislative function is principally law creation, the executive function is chiefly law enforcement." (Emphasis supplied, internal citations omitted throughout). Hawai'i appellate cases have examined this separation of powers issue, and have found a similar result. In Harris v. DeSoto, 80 Hawaii 425, 911 P.2d 60 (1996), the Supreme Court of Hawaii reversed and remanded in part the decision of a trial court's order sustaining a City and County of Honolulu ordinance which sought to confer the exclusive authority for the settlement of all claims against the City by the Honolulu City Council. The Hawaii Supreme Court stated "To the extent that a decision to compromise or settle a claim on behalf of the city is essentially fiscal, in that the decision solely concerns the commitment of city funds and a weighing of the economic cost considerations of Honorable Lawrenoer-K. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 8 settlement versus litigation, exclusive settlement authority is appropriately placed in the council. The fiscal powers of the council do not, however, entitle the council effectively to control functions and aspects of municipal government outside the authority prescribed it by the charter. In other words, the council may not exceed its legislative function and impinge upon the powers vested in the executive branch under the guise of settlement authority." Harris v. DeSoto, supra, 80 Hawaii at 438. In Akahane v. Fasi, 58 Haw. 74, 565 P.2d 552 (1977), the Supreme Court of Hawaii in an original action brought by the Honolulu City Council against the City and County of Honolulu Mayor and Corporation Counsel, held that the Council was without independent authority to employ an independent contractor to complete a study concerning a development plan, where the Council had not made any resolution to the executive branch accompanied by a proper appropriation requesting such a study. In citing City Council v. Fasi, 52 Haw. 3, 467 P.2d 576 (1970), the Supreme Court stated: The charter has as its basic scheme a clear and definite separation of the legislative power and the executive power of the city and county, vesting the former in the legislative branch represented by the council and the latter in the executive branch headed by the mayor. Under the separation of powers so provided, each branch is coordinate with the other, and neither may exercise the power vested in the other. However, this does not mean that the wall of separation is complete and either branch is free to exercise its power as it pleases without any say by the other. (Citations omitted.) 58 Haw. at 81. The Supreme Court in Akahane v. Fasi, supra, recognized there may be occasions where the aforementioned powers may appear to overlap, however, a close examination of the municipal law should reveal which branch of government is vested with the primary responsibility for carrying out the function: It is well recognized, and the defendants do not dispute, that an occasional overlap or blending of powers between the various branches of government occurs. (Citations omitted). As was succinctly stated by Justice Holmes in Springer v. Government of the Philippine Islands, 277 U.S. 189, 211, 48 S.Ct. 480, 485, 72 L.Ed. 845 (1928), "we do not and cannot carry out the distinction between legislative and executive action with mathematical precision and divide the branches into watertight compartments....." However, it is our opinion that under the Charter such in-depth studies must be the initial responsibility of the city departments established for that purpose. Honorable Lawrence.,:.. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 9 Article V of the Charter reserves and enumerates the power of general planning and its incidental functions in various executive departments and agencies. (Footnote omitted). It is the executive branch that is fully staffed and departmentalized to expeditiously proceed with this reserved power. 58 Haw. at 82-83. Further, the Hawaii Supreme Court reiterated the general maxim of the separation of powers in municipalities cited infra in McQuillan's Municipal Corporations, supra as follows: It is clear from a reading of the Charter Commission's Final Report that "the legislative branch is primarily responsible for broad policy-making and that the executive branch is primarily responsible for the implementation and execution of the policies set by the legislative branch." (Emphasis added in original text.) (Citation omitted). 58 Haw. at 84. Finally, the high Court expressly encouraged and endorsed the need for the legislative branch of local government to collaborate with the executive branch in order to facilitate and accomplish county objectives: We cannot proceed on the assumption that the relationship between the legislative branch and the executive branch is of an adversary nature. Each branch has a responsibility to cooperate with the other to effectuate each of their respective functions. (Citation omitted). The Charter Commission clearly indicated that the intent of the amended Charter was to create a strong mayor and a strong council: "The Commission hopes that the strong mayor-strong council form of government which it has sought to create will strengthen the council's role of policy-making without permitting interference in administrative matters." At the same time, it should be noted that the executive role of the mayor was strengthened to meet the increasing administrative complexity of city government. (Citation omitted). 58 Haw. at 84. Summary and conclusion Based on the foregoing reasons and analysis, it is the considered opinion of this office that Council contingency relief legislation not made pursuant to Chapter 2, Article 25 of the Code, but instead seeking to specifically direct a Honorable Lawrenoa-r~. Mahuna Honorable Emily Naeole November 2, 2007 Page 10 County department to fund specific items or specific organizations violates the separation of powers doctrine and is legally prohibited. In the present case, the requests dated July 19, 2007, and August 2, 2007, assuming the Ka'ohe Homesteads Community and Farm Watch Neighborhood Watch Program and the Leilani Estates Neighborhood Watch are not tax-exempt entities pursuant to Section 501(c)(3) of the Internal Revenue Code, the Council may not specifically direct the Police Department to fund these organizations, as this would constitute a violation of the separation of powers doctrine. The Police Chief is charged pursuant to Section 7-2.4 of the Charter to "Be responsible for the preservation of the public peace, prevention of crime, detection and arrest offenders against the law, protection of the rights of persons and property, and enforcement and prevention of violations of all laws of the state and ordinances of the county and all regulations made in accordance therewith." Any legislation specifically directing the Police Chief to deploy resources in a manner inconsistent with the Chiefs administrative authority effectively usurps this authority and constitutes a violation of the separation of powers doctrine. This is where collaboration between the Council and administration as eloquently expressed in Akahane v. Fasi, supra, is critically important. To this end, prior to a Council member committing funds to any organization, careful thought and deliberation with the affected County department or agency should occur to ensure the desired grant of money is consistent with the objectives of the department or agency. This will serve to streamline the process, strengthen the Council-administration relationship as contemplated in Akahane v. Fasi, supra, and avoid unnecessary embarrassment on the part of both the Council and administration. (See also Maui County Council v. Thompson, 84 Hawaii 105, 929 P.2d 1355 (1996), citing with approval Akahane v. Fasi, supra). In closing, we note the enclosed article that appeared in the Hawaii Tribune-Herald dated October 29, 2007, entitled "Naeole says ease limits on giveaways." We caution Council Member Naeole that any amendment to Section 2-136 of the Code may have unintended consequences that may result in the County providing money to agencies whose primary function is to support programs or initiatives inconsistent with the use of public funds. For example, political action committees may be tax-exempt organizations, but the expenditure of County funds to such organizations, absent a finding by the Finance Director that the funds will be used for a worthy project or program which enhances the Honorable Lawrentx-K. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 11 community or provides needed services or assistance to residents or visitors, would be prohibited pursuant to Finance Director's Rule 16.8.9 A further concern is the "department shopping" that occurs when a department or agency that is first approached by a Council member disagrees with a funding request. As an example, in the case of the Police and Prosecutors above, tension is created between two departments, since the funding of a neighborhood watch program by the Prosecutors would necessarily involve the increase in the deployment of police resources. Such an increase by the Police may not have been contemplated by the Police Chief, and may be inconsistent with the Police Department's allocation of limited resources. We stress that such community programs are very beneficial, and our comments should not be 9 Byway of example, Section 42F-103, HRS outlines specific requirements imposed on the State Legislature in the granting of public funds. This sections provides as follows: Standards for the award of grants and subsidies. (a) Grants and subsidies shall be awarded only to individuals who, and organizations that: (1) Are licensed or accredited, in accordance with federal, state, or county statutes, rules, or ordinances, to conduct the activities or provide the services for which a grant or subsidy is awarded; (2) Comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability; (3) Agree not to use state funds for entertainment or lobbying activities; and (4) Allow the state agency to which funds for the grant or subsidy were appropriated for expenditure, legislative committees and their staff, and the auditor full access to their records, reports, files, and other related documents and information for purposes of monitoring, measuring the effectiveness, and ensuring the proper expenditure of the grant or subsidy. (b) In addition, a grant or subsidy may be made to an organization only if the organization: (1) Is incorporated under the laws of the State; and (2) Has bylaws or policies that describe the manner in which the activities or services for which a grant or subsidy is awarded shall be conducted or provided. (c) Further, a grant or subsidy may be awarded to a non-profit organization only if the organization: (1) Has been determined and designated to be a non-profit organization by the Internal Revenue Service; and (2) Has a governing board whose members have no material conflict of interest and serve without compensation. (d) If a grant or subsidy is used by an organization for the acquisition of land, when the organization discontinues the activities or services on the land acquired for which the grant or subsidy was awarded and disposes of the land in fee simple or by lease, the organization shall negotiate with the expending agency for a lump sum or installment repayment to the State of the amount of the grant or subsidy used for the acquisition of the land. This restriction shall be registered, recorded, and indexed in the bureau of conveyances or with the assistant registrar of the land court as an encumbrance on the property. Amounts received from the repayment of a grant or subsidy under this subsection shall be deposited into the general fund. Honorable LawfenberK. Mahuna Honorable Emily Nae'ole November 2, 2007 Page 12 construed as a criticism on the expenditure of taxpayer funds. We simply reiterate the need for collaborative decision making between the Council and administration as opposed to unilateral legislative action and premature public commitment. The need to comply with the public purpose doctrine and to carefully oversee the appropriate expenditure of public funds cannot be overstated. Section 10-11 of our Charter makes explicitly clear unauthorized and illegal payments will be dealt with very severely.10 Further, it is unlikely under the circumstances such County officers who violate this provision would be afforded the benefit of legal representation or indemnification from the County. If you have any questions concerning this matter, I invite you to contact me. Thank you for your kind attention to this matter. Very truly yours, LINCOLN S. T. ASHIDA Corporation Counsel Encls. c: All Council Members (w/ encls.) Honorable Casey Jarman, County Clerk (w/ encls.) Honorable William T. Takaba, Finance Director (w/ encls.) Honorable Jay T. Kimura, Prosecuting Attorney (w/ encls.) S: Departments/Council/LSA Corresp./WRK 05-11119 Letter to Council and HPD re contingency funds 10.26-071LSAmr 70 Section 10-11 of the Charter provides in pertinent part as follows: Payments and Obligations Prohibited: Verifications; Penalties. Every obligation incurred and every authorization of payment in violation of the provisions of this charter shall be void. Every payment made in violation of the provisions of this charter shall be illegal; and county officers who knowingly authorize or make such payment or any part thereof shall be jointly and severally liable to the county for the full amount so paid or received. If any county officer or employee knowingly authorizes or makes any payment or incurs any obligation in violation of the provisions of this charter or takes part therein, that action shall be cause for his or her removal. COUNTY OF HAWAII STATE OF HAWAI°I ei W RESOLUTION NO. 374 07 A RESOLUTION TRANSFERRING/APPROPRIATING AN APPROPRIATION OUT AND FROM THE DESIGNATED FUND ACCOUNT(S) AND CREDITING SAME TO A DESIGNATED FUND ACCOUNT(S) WHEREAS, the Hawaiian Paradise Park Neighborhood Watch was set up to provide for public safety in this rural Puna subdivision; and WHEREAS, the funds will be used to purchase materials and supplies to support the neighborhood watch program; and WHEREAS, Contingency Relief funds from Council District 5 will be appropriated to the Office of the Prosecuting Attorney to be used towards the Hawaiian Paradise Park Neighborhood Watch Program; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the following amount is hereby transferred/appropriated as set forth below: FUND: General AMOUNT OF APPROPRIATION: $3,000 OUT AND FROM: 010.101.5101.91 Clerk-Council SVC - Contingency Relief $3,000 CREDITED TO: 010.271.5271.02 Office of the Prosecuting Attorney $3,000 Prosecuting Attorney OCE (Hawaiian Paradise Park Neighborhood Watch) BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Prosecuting Attorney and the Director of Finance and that the Director of Finance is hereby authorized to make the necessary transfers in accordance with the terms of this resolution. Dated at Kona Hawai'i, this 17th day of October 2007. INTRODUCED BY: COUNC EMBER, COUNTY OF HAWAII COUNTY COUNCIL ROLL CALL VOTE County of Hawaii AYES NOES ABS Ex Hilo, Hawaii FORD x HIGA x I hereby certify that the foregoing RESOLUTION was by HOFFMANN X the vote indicated to the right hereof adopted by the COUNCIL of the lKEDA County ofHawai'ion October 17, 2007 JACOBSON X NAEOLE x ATTEST: PILAGO X YAGONG X YOSHIMOTO X 0 0 0 Reference: C-729/Waived FC COUNTY CLERK CHAIRMA & RESIDIN 4PEICER RESOLUTION NO. 374 07 2 6/18/07 COUNTY OF HAWAII CONTINGENCY RELIEF FUNDS REQUEST TO: Office of the Prosecuting Attorney DATE: 1012107 Department FROM: EmilyNaeole PHONEJFAX: (808) 961-8267 Council Member A. REQUEST (ATTACH BACKUP INFORMATION, IF AVAILABLE) 1. AMOUNT: 83,000 2. To ACCOUNT # (i.e., 010.500.5503.02): 101171.527.021 I ToAccouNTNAME (Le P&RAdmin. OCE)• 4. PURPOSE(S) OF TRANSFER: Hawaiian Paradise Park Neighborhood Watch 5. IF THE MONEY IS DESIGNATED FOR A NONPROFIT ORGANIZATION, NAME OF ORGANIZATION: _Hawaiian Paradise Park Neighborhood Watch 6. IS IT A SOl (c)(3)? OYES ? No 7. COUNTY-RELATED PROGRAM(S) OR ACTIVITY(IES) TO BE FUNDED: This group is the eyes and I. ears for the police department 8. DEPARTMENTAL GOALS AND OBJECTIVES TO BE ADDRESSED: helps reduce/report crime 9. FUNDING TO BENEFIT THE PUBLIC-AT-LARGE (AS OPPOSED TO PRIVATE BENEFIT)? ®YES ? NO i 10. IS THE PROGRAM OR ACTIVITY FUNDED ESTABLISHED BY CHARTER, ORDINANCE, OR DIRECTION OF THE MAYOR? ® YES ? NO B. DEPARTMENT'S RECOMMENDATION: ? APPROVE ? DENY ? DEFER: RATIONALE: DATE: /3lt epartment Head C. MAYOR'S ACTION j APPROVED ? DENIED ? DEFERRED: COMMENTS: i I i DATE: Mayor ~a 6/18/07 COUNTY OF HAWAII ' CONTINGENCY RELIEF FUNDS REQUEST TO: Police DATE: 7119107 Department FROM: Emily Naeole, District 5 PHONE/FAX: (808) 961-8267 Council Member A. REQUEST (ATTACH BACKUP INFORMATION, IF AVAILABLE) 1. AMOUNT: 82,500 2. To ACCOUNT # (i.e., 0-10.500.5503.02): 3. To ACCOUNT NAME (i.e., P&R Admin. OCE): 4. PURPosE(s) OF TRANSFER: For the Ka `ohe Homesteads Community & Farm Watch Neighborhood Watch program 5. IF THE MONEY IS DESIGNATED FOR A NONPROFIT ORGANIZATION, NAME OF ORGANIZATION: Ka'ohe Homesteads Community & Farm Watch 6. IS IT A 501(0)(3)? R YES ? No 7. COUNTY-RELATED PROGRAM(S) OR ACTIVITY(IES) TO BE FUNDED: Neighborhood Watch 8. DEPARTMENTAL GOALS AND OBJECTIVES TO BE ADDRESSED: Community Policing 9. FUNDING TO BENEFIT THE PUBLIC-AT-LARGE (AS OPPOSED TO PRIVATE BENEFIT)? RYES ? NO 10. IS THE PROGRAM OR ACTIVITY FUNDED ESTABLISHED BY CHARTER, ORDINANCE, OR DIRECTION OF THE MAYOR? EYES ? NO B. DEPARTMENT'S RECOMMENDATION: ? APPROVE ? DENY ? DEFER: RATIONALE: DATE: Department Head C. MAYOR'S ACTION ? APPROVED ? DENIED ? DEFERRED: COMMENTS: DATE: Mayor 0 a U A Ka`ohe Homesteads Community & Farm Watch Program Description Helping county enforcement officers in the Neighborhood Watch program by helping to reduce community crimes. Providing information, surveillance, reporting illegal activities, etc. Budget A lack of land line phones makes the need for cell phones essential. Also, the mileage costs for patrol has gone up with the increase in gas costs. Cell phone service x 2 @ $50/mo. X 12 months = $ 1,200 Gas (mileage) for Neighborhood Watch patrols = $ 1,300 Total = $ 2,500 u 6/18/07 COUNTY OF HAWAII a CONTINGENCY RELIEF FUNDS REQUEST a TO: Police DATE: 812107 Department FROM: Emily Naeole PHONE/FAX: (808) 961-8267 Council Member A. REQUEST (ATTACH BACKUP INFORMATION, IF AVAILABLE) 1. AMOUNT: $2,500 2. To ACCOUNT # (i.e., 010.500.5503.02): 010.201.5203.02.225 3. To ACCOUNT NAME (Le., P&R Admin. OCE): Police Adm Div- Capital OCE, edu - recr - SCIENTIF 4. PuRPosE(s) OF TRANSFER: Leilani Estates Neighborhood Watch 5. IF THE MONEY IS DESIGNATED FOR A NONPROFIT ORGANIZATION, NAME OF ORGANIZATION: 6. IS IT A 501(0)(3)? E YES ? No 7. COUNTY-RELATED PROGRAM(S) OR AcrIVTrY(IES) TO BE FUNDED: Equipment and supplies 8. DEPARTMENTAL GOALS AND OBJECTIVES TO BE ADDRESSED: Leilani Estates Neighborhood Watch acts as the eyes and ears for the police 9. FUNDING TO BENEFIT THE PUBLIC-AT-LARGE (AS OPPOSED TO PRIVATE BENEFIT)? EYES ? No 10. IS THE PROGRAM OR ACTIVITY FUNDED ESTABLISHED BY CHARTER, ORDINANCE, OR DIRECTION OF THE MAYOR? E YES ? NO B. DEPARTMENT'S RECOMMENDATION: ? APPROVE ? DENY ? DEFER: RATIONALE: DATE: Department Head C. MAYOR'S ACTION ? APPROVED ? DENIED ? DEFERRED: COMMENTS: DATE: Mayor 0 0 J 0 LEILANI ESTATES NEIGHBORHOOD WATCH NONPROFIT ORGANIZATION PROGRAM DESCRIPTION Our mission is to be the eyes and ears of the Police in Leilani Estates.To this end we schedule daytime watches on weekdays, and three watches per night on weekends. Each watch is done by volunteers using their own vehicles, fuel, and time, for one hour. We watch for anything unusual or suspicious and report suspicions to the Police. We also enter them on our log for follow up by the next patrol. We have a monthly newsletter and a monthly meeting. Twice yearly we shop for, set up, cook, serve, and clean up after the Community Cook out/ pot luck. Over 135 people attended the last one. The Leilani Board pays for paper products, cold drinks and coffee. Volunteers from the Watch pay for the meat served. BUDGET Neighborhood Watch magnets for cars $15 per? 30 pairs= $900 Replace yellow flashing roof light $80-100 Replace broken donated digital camera possibly $200-300 Neighborhood Watch T shirts 30 possibly $15 per $450 Meat for imu for 2 cookouts possibly $250 Paint for finishing painting addresses on the streets, which is greatly appreciated by the Police and Fire personnel. possibly $45 per gallon, 5 to start $235 New battery for spotlight possibly $ 65 The Leilani Board supplies the paper, ink and use of the copier for our monthly newsletter, and also for our cell phone. The phone is 7 years old. Wouldn't it be nice to replace it? Cost unknown. possible total $2300+ Please realize that our stated costs are approximate and costs keep rising daily. Thanks from all of us to Gary and Emily for being aware of the work the volunteers do to keep all our communities safer and more crime free. Submitted by: Roberta Hole Coordinator Leilani Neighborhood Watch 13-3495 Makamae Street Pahoa Hawaii 96778 965-0330 6/18/07 I ' COUNTY OF HAWAII CONTINGENCY RELIEF FUNDS REQUEST I TO: OjficeoftheProsecattingAttorney DATE: 1011107 Department 1 FROM: Emi~v Naeole PHONEXAM (8(18) 961-8267 Council Member A. REQUEST (ATTACH BACKUP INFORMATION, IF AVAILABLE) I 1. AMOUNT: $2,500 Z. To ACCOUNT#(i.e., 010,S00.5503.02): 010.271.5271.02.15 (its- 3. TO ACCOUNT NAME (i.e., P&R Admin. OCE): Miscellaneous Contract Services f 4. PURPOSE(S) OF TRANSFER: Ka'ohe Homesteads Community & Farm Watch ! 5. IF THE MONEY IS DESIGNATED FOR A NONPROFIT ORGANIZATION, NAME OF ORGANIZATION: Ka'ohe Homesteads Community & Farm Watch 6. IS IT A 501(0)(3)? O YES ? No 7. COUNTY-RELATED PROGRAM(S) OR ACTMTY(IES) TO BE FUNDED: This group is the eyes and ears for the police department S. DEPARTMENTAL GOALS AND OBJECTIVES TO BE ADDRESSED: helps reduce/report crime 9. FUNDING TO BENEFIT THE PUBLIC-AT-LARGE (AS OPPOSED TO PRIVATE BENEFIT)? OYES ? NO 10. IS THE PROGRAM OR ACTIVITY FUNDED ESTABLISHED BY CHARTER, ORDINANCE, OR DIRECTION j OF THE MAYOR? OYES ? NO B. DEPARTMENT'S RECOMMENDATION: O APPROVE ?DENY ?DEFER: RATIONALE: i' i t r DATE: 10108107010 Depar ent Head C. MAYOR'S ACTION I ? APPROVED ? DENIED ? DEFERRED: COMMENTS: I DATE: Mayor i 6/18/07 COUNTY OF HANVAl'1 CONTINGENCY RELIEF FUNDS REQUEST TO: Office of the Prosecuting Attorney DATE: 10118107 Department FROM: Emily Naeole PHONE/PAX: (808) 961-8267 - Council Member 1. AMOUNT: $2,500 2. To ACCOUNT # (i.e., 010.500.5503.02): 101.271.52702 3. To ACCOUNT NAME (Le., P&R Admin. OCE): Pros Attorney - Misc. Contract Services 1 4. PURPOSE(S) OF TRANSFER: For theLeilani Estates Neighborhood Watch 5. IF THE MONEY is DESIGNATED FOR A NONPROFIT ORGANIZATION, NAME OF ORGANIZATION: Leilani Estates Community Association 6. IS IT A 501(0)(3)? N YES ? No 7. COUNTY-RELATED PROGRAM(S) OR ACTIVTrY([ES) TO BE FUNDED: The Neighborhood Watch is the i eyes and ears for the police department - 8. DEPARTMENTAL GOALS AND OBJECTIVES TO BE ADDRESSED: helps reduce/report crime 9. FUNDING To BENEFIT THE PUBLIC-AT-LARGE (AS OPPOSED TO PRIVATE BENEFIT)? NYES ? NO 10. IS THE PROGRAM OR ACTIVITY FUNDED ESTABLISHED BY CHARTER, ORDINANCE, OR DIRECTION OF THE MAYOR? N YES ? NO B. DEPARTMENT'S RECOMMENDATION: ~I N APPROVE ? DENY ? DEFER: RATIONALE: ii /I s(,~., utf DATE: ~IDepar m u Head C. MAYOR'S ACTION ? APPROVED ? DENIED ? DEFERRED: COMMENTS: li DATE: Mayor Hawaii Tribune-Herald Hi' Hawaii Page 1 of 2 r~fawatii Tribune Herald ~ Print Page ~Ij Naeole says ease limits on giveaways She wants more groups eligible for tax dollars by Jim Quirk Stephens Media A bill headed for the County Council's Finance Committee would let councilors contribute contingency funds to any nonprofit entity, but Finance Director Bill Takaba fears the legislation may be too broad. There are some nonprofit agencies to which Puna Councilwoman Emily Naeole wants to contribute, but can't because rules approved by the council about a year ago say such nonprofit groups must have federal 501(c)(3) status. To resolve the issue, Naeole prepared a bill that would change the law by eliminating language that specifies the nonprofits must have 501(c)(3) status. She said three nonprofit organizations have requested money, but she can't give them some of her district's contingency funds. Hawaiian Paradise Park Owners Association and Leilani Estates Community Association are nonprofit agencies classified as 501(c)(4) organizations. They want $3,000 and $2,500, respectively, that they plan on giving to neighborhood watch programs that have no nonprofit status whatsoever, according to information from Naeole. The HPP Owners Association also wants $4,700 for an education and notification program. Also, Main Street Pahoa Association, a nonprofit group with 501(c)(6) status, wants $2,500 for a Christmas parade, according to information from Naeole. According to information from Takaba, there are 25 different 501(c) categories listed in the Internal Revenue Services' code, all of which pertain to nonprofit organizations. Organizations with 501(c)(3) status include, among other things, religious, educational, charitable, scientific and literary groups, according to Takaba's information. A 501(c)(4) organization can be a civic league, social welfare group or Local associations of employees, according to Takaba, while a 501(c)(6) organization can be a business league, chamber of commerce or real estate board. But changing the law so council members could contribute contingency money to any nonprofit organization might raise issues, Takaba said. "My only concern is if they (council) give out funding to these organizations, they have to make sure it's a bonafide and recognized nonprofit organization," he said. "A nonprofit could be a whole bunch of organizations Some may call themselves nonprofit but are not chartered or recognized by any government. There is a danger of making it (nonprofit definition) too broad." Friday, Naeole said she doesn't know if other council members are having similar problems but a change in the taw is needed because the organizations requesting contingency funds need it for legitimate reasons. http://www.hawaiitribune-herald.com/articles/2007/10/29/local news/loca103.prt 10/29/2007 Hawaii Tribune-Herald:: Hi' Hawaii Page 2 of 2 All rights reserved. Copyright © 2007 Hawaii Tribune Herald. Content on this site may not be archived, retransmitted, saved in a database, or used for any commercial purpose without the express written permission of Hawaii Tribune Herald. 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