HomeMy WebLinkAboutCOM 0411.000 2010-2012William P. Kenoi
Mayor
October 5, 2011
County of Hawaii
Finance Department
25 Aupuni Street, Suite 2103 • Hilo, Hawai`i 96720
(808) 961 -8234 • Fax (808) 961 -8569
Dominic Yagong, Council Chair and
Members of the Hawaii County Council
Hawaii County Council
25 Aupuni Street
Hilo, Hawaii 96720
Re: Operating Budget
Nancy E. Crawford
Director
Deanna S. Sako
Deputy Director
The U. S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance
is providing federal funds of $105,029 for the purpose of supporting the Hawaii County
Police Department's Justice Assistance Grant Recovery Program.
The funds from this grant will be used to purchase a trailer to transport training materials
and mats to outer districts, to purchase audio and video equipment to produce in -house
training videos, and to cover costs incurred for two Death Investigation trainings for East
and West Hawaii.
Enclosed is a resolution to authorize the Mayor to enter into an agreement with the U. S.
Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for this
grant.
Also enclosed is a bill for an ordinance amending the Operating Budget by appropriating
this $105,029 Justice Assistance grant.
If there are any questions, please do not hesitate to call Nori Ishii of the Hawaii County
Police Department at 961 -2273.
Nancy Crawford
Director of Finance
Enc.
cc: Police
Kf_s. 17(0 -I5 l I lao>
Hawaii County is an Equal Opportunity Provider and Employer
Comm. No.
Ref. To: FG
Ref. Dote. OCT 5 ZQRI
Form #: B -52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: POLICE DATE: 9/25/11
STAFF CONTACT: Assistant Chief Marshall Kanehailua PHONE: 961 -2261
A. REQUEST:
As part of the acceptance process with the Department of Justice, a resolution is being submitted to Council
for approval prior to the Mayor entering an agreement. We recently received notification that we have been
awarded $105,029.00 under this grant.
To appropriate $105,029.00 under "Justice Assistanc Grant" under account number 010.201.5216.31.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
The Department of Justice Office of Justice Programs Bureau of Justice Assistance is providing a grant to
assist with the department's training needs. Funds will be used to purchase a trailer to transport training
materials and mats to outer districts and purchase audio and video equipment for training which will allow the
department to produce in -house training videos. Funds will be used to cover costs incurred for two Death
Investigation trainings for East and West Hawaii.
SIGNED:
DATE:
SEP 2 6 2011
GRANT SUMMARY
(Supplement to B -52, Request for Council Action
)
Type of Grant Appropriation being requested: (New or an additional appropriation)
® New (for this fiscal year period). OR ❑ 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: JAG Recovery Program
Grantor: U.S. Dept of Justice, Office of Justice Programs, Bureau of Justice Assistance
County Grantee Department or Agency: Police
County Grantee Contact Person: Assistant Chief Marshall Kanehailua Phone Number: 961 -2261
Amount of Grant: $105,029.00
Grant Period (Commencement & Completion): October 1, 2010 to September 30, 2014
Purpose of Grant: To assist with the Department's training needs.
County Match required ?: ❑ Yes ® No
If yes, Matching Amount? Budgeted in account# :
In -kind? Explain:
Explanation:
County's personnel requirements: Amount of new position(s)?
Qty: Permanent: ❑ Temporary: ❑, Duration:
Full -time: ❑ Part-time: ❑, Time Element:
Qty: Contractual: ❑ Explain:
Explanation:
Additional Comments about Grant:
B -52 Grant Summary Form
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
August 16, 2011
Chief Harry Kubojiri
County of Hawaii
25 Aupuni Street
Hilo, HI 96720 -4245
Dear Chief Kubojiri:
Washington, D.C. 20531
On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved
your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local
Solicitation in the amount of $105,029 for County of Hawaii.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance 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 to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions, Dean Iwasaki, Program Manager at (202) 514 -5278; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458 -0786, or you may contact the CSC at ask.ocfo @usdoj.gov.
Congratulations, and we look forward to working with you.
Sincerely,
Denise O'Donnell
Director
Enclosures
Department of Justice
Office of Justice Programs
Office for Civil Rights
Washington, D.C. 20531
August 16, 2011
Chief Harry Kubojiri
County of Hawaii
25 Aupuni Street
Hilo, HI 96720 -4245
Dear Chief Kubojiri:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department ofJustice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department ofJustice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http: / /www.lep.gov.
Ensuring Equal Treatment for Faith -Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith -based organizations from using financial assistance from the Department ofJustice to fund inherently
religious activities. While faith -based organizations can engage in non - funded inherently religious activities, they must be held separately
from the Department ofJustice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http:// www .ojp.usdoj.gov /ocr /etfbo.htm.
State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Office.
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301 -.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at htt p:// www.ojp.usdoj.gov /ocr /eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616 -3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http: / /www.ojp.usdoj.gov /ocr /eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visit our website at http: / /www.ojp.usdoj.gov /ocr /.
Sincerely,
in4-1 a. �-
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst