HomeMy WebLinkAboutComm No 0035.36 - Testimony - CA-18 - PONC Maintenance fundCounty of Hawaii
Charter Commission
25 Aupuni Street Room 1401
Hilo, HI 96720
June 7, 2019 9:30 a.m.
Re; CA 18 -draft 2
Aloha Charter Commissioners,
LESLIE COLE -BROOKS LLLC
- Attorney at Law -
I am writing to express my partial support for Communication No. 35 CA -18 Draft 2 with
comments on a much-needed amendment. As it currently stands, CA -18 draft 2 would transfer
the administration of the PONC maintenance fund to the Department of Finance, allow
additional uses of the fund, and permanently prevent any nonprofit from using the fund again
should it fail to meet its responsibilities on an earlier project. 1 support the transfer of the fund to
the Department of Finance and the addition of other fund uses; however, I strongly suggest that
the Commission restore the language that would allow a 501(c)3 nonprofit to use the funds for
salary support so long as the nonprofit details the fund usage on any staff salaries in the
comprehensive business plan submitted with the application.
By allowing 501(c)(3) organizations to use granted maintenance funds to pay for salaries,
501(c)(3) organizations will more readily be able to apply for the maintenance funds in the first
place. Many 501(c)(3) organizations run on a shoe -string budget and rely heavily upon
volunteer assistance. When it comes to projects that require significant time and/or resources,
many organizations cannot risk applying for maintenance funds with the concern that they might
not have the resources to properly complete the job. This provision would give a much- needed
boost to dedicated and locally -connected organizations and therefore increase the efficiency and
productivity of the fund.
In addition, the fund is protected from any potential misuse in two important ways. First, the
nonprofit must detail in advance any use of the funds and staff that would work directly on the
maintenance project. The Department of Finance would first review these plans before
approving the project, thus giving the county the opportunity for transparent oversight. Next,
upon completion of the project, the nonprofit must account for all use of funds. If expenditures
do not match the original business plan, the Department has the option of barring the nonprofit
from permanently applying for future funds. These two measures will ensure fiscal
responsibility while giving the Department and local stewardship organizations the flexibility
and resources that they need. I therefore strongly recommend that the following language is
reinserted into CA -18 Draft 2:
{6) Officers, board members, or employees of the 501(c)3 nonprofit organization
or the organization that operates under the umbrella of the 501(c) 3 nonprofit
organization may receive a salary, payment for labor, or receive reimbursement
for the stewardship work on the project, provide any funds to be used for these
ENERGY - ENVIRONMENT - SUSTAINABILITY
Post c)llicc Box 77P5padloa. HI 96780 • A054'37.7957 • 1cbc'cc,lcbrooks-Iaw.com
Comm. No. 35.36
purposes are specifically stipulated in the detailed business plan required by this
subsection. The 501(c)3 nonprofit shall sign an agreement so stating these
conditions and submit it with the application.
Finally, I understand that there is some sort of procedural question as to how the amendment to
remove the staff benefit can be reconsidered or rescinded. I hope that the commission finds a
way to reconsider and reinsert this key provision.
Thank you for your time and attention on the important matter. The PONC Maintenance Fund
ultimately drives the success of the PONC Fund and the provision to allow staff salaries has very
strong support from the community as evidenced by months of testimony. To remove that
provision is to ignore the will of the community and reflects poorly on the commission.
Please take whatever steps are necessary to both preserve and improve the PONC Maintenance
Fund so that it will continue to protect pristine legacy lands in Hawaii.
Leslie Cole -Brooks
Attorney at Law
P.O. Box 77
Papa`aloa, HI. 96780