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HomeMy WebLinkAboutCOM 0125.002 2008-2010EMILYNAEOLE Council Member Council District ~ Moiling Address: (Former County fluildin~ 25 Aupuni Street Hilo, Hawaii 96720 Hawai `i County Council County of Hawai `i Phane: (808) 96~-2712 Far: /xosi 9es-z7n7 Gnmih enneolenco.hawaii. hi.us business Address: 1 ~-2660 Pahoa-Pillage Road Pnhaa Marketplace, Room /OS Pahoa. Harvai'i 96785 ~ N Q !.J - February 9, 2009 G' ~ ^ r'! , ~~ C G ~ w .' r T ' MEMORANDUM r> o l--+ ; TO: J Yoshimoto, Chair "t'r,; ~ '~~' and Members of the Hawaii County Council :Z~-~, l i FROM: Emily I. Naeole, Chair ~'~ co o Human Services and Economic Development Committee SUBJECT: FY 2009-10 Nonprofit Grant Review Process; Formation of Ad Hoc Committee This communication is to apprise Council Members, applicant nonprofit agencies, and the public of the upcoming grant review process undertaken by your Human Services and Economic Development Committee (HSEDC) and also to request time on the March 2, 2009, agenda for the HSEDC to convene for the purpose of the formation of an ad hoc committee. 1. FY 2009-10 Nonprofit Applications As in past years, copies of signed and eligible applications received by the Department of Finance will be forwarded to all Council Members in the form of a spiral-bound booklet. All supporting (or pre- qualifying) documents such as financial statements, current audit, IRS Forms 990 and 501(c)(3) tax- exempt verification, current liability insurance certificate, articles of incorporation and by-laws will be maintained in the Denartment of Finance, but shall be available for inspection. 2. Grant Review Process Publicly noticed site visits/interviews with eligible nonprofit applicants will be held on March 19 and 20, beginning at 8:00 a.m. in the Kona Council Office Conference Room (Kona Council Office, Kailua Trade Center, 75-5706 Hanama Place, Suite 109, Kailua-Kona, Hawaii 96740) and March 23 and 24, beginning at 8:00 a.m. in the County of Hawaii Council Room (333 Kilauea Avenue, Hilo,llawai`i 96720). Before I make my recommendations regarding how I would like the site visit/interview phase of the Grant Review Process to be conducted, I would be remiss if I did not address the general provisions under which the site visit interview process is delineated: Comm. No.-~~°~-5-• ~-~- Serving the /nterests ojthe People ojOur /s(and Ref. To: I'I E L_ Hawaii County is an Equal Opportunity Provider and Employer Ref. Dote 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. I am recommending this ad hoc committee be comprised of the undersigned HSEDC chair, HSEDC Vice Chair J Yoshimoto (or his designated representative) and two other council members that desire to serve on this ad hoc committee (to be determined by deliberative proceedings during March 2, 2009, HSEDC meeting). This proposed ad hoc committee conforms to the requirements of HRS Chapter 92-2.5 subsection (b), "Two or more members of a board, but less than the number of members which would constitute a quorum fox the board, maybe assigned to: (1) Investigate a matter relating to the official business of their board (2) Present, discuss, or negotiate any position which the board has adopted at a meeting of the board." District 5 staff, and perhaps support staff from other offices, will be enlisted to facilitate this process. These staff members will attend the site visits and interviews to lend clerical, technical, and other required support. Pertinent information/findings gathered by the ad hoc committee along with recommendations for the Human Services and Economic Development Committee's consideration will be assembled in a single communication to Council Members prior to the HSEDC meeting on Apri121, 2009. EIN/gk