LIHU‘E — Approval to release state grant funds to start work on a juvenile restorative justice program was deferred after discussion Wednesday at a special meeting held by the Kaua‘i County Council. Two communication requests from the Office of the
LIHU‘E — Approval to release state grant funds to start work on a juvenile restorative justice program was deferred after discussion Wednesday at a special meeting held by the Kaua‘i County Council.
Two communication requests from the Office of the Prosecuting Attorney for victim witness service grant funds were approved, and another for the Keiki P.O.H.A.K.U. youth diversion program was deferred to September after a five-hour special meeting.
The lengthy discussion was for the council to consider OPA’s request to apply, receive and expend $35,000 in State of Hawai’i, Office of Youth Services funds to begin work on establishing a Keiki POHAKU, which stands for Productive Optimism Helps All Kaua‘i.
County First Deputy Prosecuting Attorney Jake Delaplane answered questions of the council. He was present with Jamie Chong, OPA grant coordinator, and Lea Young, law clerk.
After initial funds of $65,000 were adjusted lower for the remainder of the fiscal year, Delaplane said it was appropriate and legal to start the application process before the request or council approval. The funds are reduced about $10,000 per month in delays, and he said there is no prohibition for OPA to pursue a parallel funding course.
Councilwoman Nadine Nakamura asked whether the deferments would create a date sensitivity issue with the funds.
“The longer we wait the less money is available from OYS,” Delaplane said.
Council members JoAnn Yukimura and Tim Bynum questioned whether it was proper for OPA to apply for funds before council approval.
Councilman Mel Rapozo asserted that the law allows an agency to apply for grant funding before receiving council approval. The OPA is in compliance according to Section 14 of the budget proviso, he said, adding that the requirement is to ask permission before funds are expended.
Public testimony included Glenn Mickens and Ken Taylor, who both criticized the council for what they said is excessive scrutiny of a relatively small budget item.
“Why are we holding a special counsel meeting to approve when grants and money have been routinely approved in the past?” Mickens asked.
Council Chair Jay Furfaro said the discussion occurred on his initiative. The urgency of the OPA request resulted in a 12-day turnaround for the special meeting, he said, when typically an agenda item can schedule up to 120 days out.
“This request came over with some urgency,” Furfaro said.
The other issue was that the requests involved indemnification of funds from the county, state and federal government. “When we look at those grants the one thing that makes it come back is the indemnification,” he said.
LaVerne Bishop, executive director of Hale Opio Kaua‘i, a nonprofit that manages Teen Drug Court and youth residential treatment programs, said her concern is that Keiki POHAKU circumvented an advisory committee review process.
Bishop said the advisory committee formed in 1989 by the Office of Juvenile Justice with an island board convened by OPA to determine how block grants are distributed to youth programs. It has not met since November 2011, and said there was no discussion about Keiki POHAKU.
Addressing council questions about avoiding duplicate programs, Bishop said Teen Court follows a national model for first-time and some multiple offenders with discretion. Her concern for POHAKU was for an evidence-based program.
“I want to support any diversion programs that are credible,” she added.
Out of 1,441 Teen Court referrals in 2011, Delaplane said 178 were accepted and that 67 of them completed the program.
Delaplane said Teen Court is a good program and that POHAKU would address gaps in service. “Gap offenders that don’t fall squarely into normally processed categories,” he said.
A youth offender cannot go through Teen Court twice. He said the number of teens detained for status offenses, such as underage drinking and other miscellaneous charges, have a better chance of being inducted into POHAKU. Councilman Dickie Chang said a youth program focused on Hawaiian values is unique and has merits but that there are questions and concerns to be resolved.
“There is nothing like Hawaiian values anywhere else on the planet,” he said. “That can be extremely educational for youth, and it’s a different situation being on an island.”
County Procurement Officer Ernie Barrera was called in to clarify questions about the applications. He said that in terms of the competitor opportunity requirements, the OPA qualified for a process exemption for non-standard service programs.
As vice-chair in charge of the meeting, Yukimura said she could not approve the motion until such time as OPA provided written responses to questions that could not be answered at the meeting. She also wanted more agency heads to weigh in on the issue.
Bynum questioned the initial development of POHAKU and said it should be done in a more collaborative fashion, with area organizations and professionals taking part and advising.
“The reason for this scrutiny is that past practices are breaking down,” Bynum said.
• Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
