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5.3. SR 02-18-1997ity of iver ITEM 5.3. MEMORANDUM FROM: DATE: SUBJECT: Mayor & City Council Pat Klaers, City Administ~6~ February 18, 1997 Rivers of Hope Request for Financial Assistance A member of the Rivers of Hope organization made a request to Councilmember Farber to be on a City Council agenda to make a presentation on their organization and to review their need for local financial assistance. Specifically, the organization is requesting financial assistance for their youth advocacy program. Please see the attached 2/11/97 letter from Executive Director Margaret Ostman and the 10/96 material that was previously distributed which includes a brochure on the organization. Also attached to this memo is a section of the state auditor's newsletter from Fall, 1993, which discusses city gifts. The distinction between what is an appropriate and inappropriate city contribution to a nonprofit organization is fuzzy at best. Our guiding principal has been that the city does not contribute in general to organizations, but we have contributed to specific programs which organizations run. For example, we do not contribute to the Chamber of Commerce, but we do contribute to the Chamber of Commerce Fourth of July Celebration. Likewise, we do not contribute to the Arts Council, but we do contribute to the Strings of Youth program that the Arts Council manages. In a similar manner we should not simply give money to the Rivers of Hope organization, but we could contribute to the Youth Advocacy program which the Rivers of Hope organization manages. I have been advised that the Rivers of Hope organization has received contributions from government agencies and information on these contributions will be presented at the Council meeting. It should be noted that no funds are budgeted for this type of expenditure and funding would have to come from the City Council Contingency budget. XXelkriver\sysXshrdoc\councilXrivers.doc 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 A PUBLICATION FOR LOCAL GOVERNMENTS Fall 1993 Volume 2 Number 3 "INSiDF .: .', ..... .: .'..::.(:' ~ ...' Ne; b;a'rd Promotes ::.--:'.': :!:i ;,.:'::..:-:: ) -..-' ,- innovation in government page'271 ', .' DO yOur gifts have a:it~,..' '.' '"'- : ' - public purpose? _ .- '.'-page 4 Local units of government are often ap- proached for contributions to various worth- while events and causes. A governing board must evaluate these requests in light of the State constitutional requirement that all ex- penditures of public money be for a public purpose. The analysis of public purpose for gifts to an ihdividual or organization must involve a determination of whether the primary object is to promote a private end. If the primary object is to benefit a private objective, the expendi- ture cannot meet the test even if there is inci- dental public benefit. Conversely, if the pri- mary objective is to meet a public purpose, an incidental benefit to private individuals does not disqualify the expenditure. Therefore, a direct contribution to an in- dividual citizen or organization for sponsor- ship or support of an undertaking that prima- rily benefits the individual or organization cannot be supported on the theory that the )ublic benefits when individuals gainfully pursue enterprises. The general public must benefit. While public purpose should be con- Gifts versus promotional costs strued in light of modern life the test cannot be met by theoretical assessments of what might be good for the public. It should be reasonably likely that a direct benefit to the public will occur. Consequently. a local unit of government cannot donate funds to improve a church pro- ~am, nor may they donate funds to the Cham- ber of Commerce, Boy Scouts, Red Cross, Rotary, Kiwanis and other kindred groups. See Op. Atty. Gen. September 28, 1933; Op. Atty. Gen. 59-A-3, July 10, 1946. The Minnesota standard is stated in Burns v. Essling, 156 Minn 171 (1923). The court on page 174 says, "The wisdom or expediency of a proposed expenditure of taxpayers' money ...is to be determined solely by the legislature or by local authorities to whom legislative powers have been delegated. It is well settled that. if the primary object of an expenditure of municipal funds is to subserve a public pur- pose. the expenditure is legal. It is equally well settled that, if the primary, object is to promote some private end. the expenditure is illegal." The Attorney General has determined that general powers to expend funds by either a charter city or a statutory city are not suffi- cient to allow gifts which do not meet the above standard. See Op. Atty. Gen. September 28, 1933; Op. Atty. Gen. 59-A-3, July 10, 1946. The guidance above would be sufficient if not for the promotional activities pefforn~ed by many of the above referenced organizations. While a general gift to the Rotary is without authority, a contribution by a city to help spon- sor an annual marathon or festival to promote a city may qualify. In light of the gray area between promo- tional expenditures and gifts, it is our advice that a local unit of government develop a policy or procedure to ensure that all expenditures of this nature are evaluated prior to commitment of funds. In the case of charter cities, the charter should be evaluated to determine whether spe- cific reference is present to provide authority for gifts which do not meet the general stan- dard. If the charter is silent, the general stan- dard should be followed. RIVERS OF. HOPE (612) 441-0792 Elk River Office Sherburne County (612) 682-6424 Buffalo Office Wright County 1-800-439-2642 Outside the Metro dialing area February ll, 1997 Dear Mayor Duitsman and Council Members, Thank you for the opportunity to share our needs and concerns for this community. You received a letter in October describing our services and growth since the city of Elk River helped us get started in 1989. Now we would like to emphasize the successes and needs of our Youth Advocacy Program since we know the City of Elk River is also committed to building healthy families and a safe community for our young people. Rivers of Hope's Youth Advocacy Program is a violence prevention and early intervention program which provides weekly educational support groups and individual advocacy sessions to "at risk" young people in grades 7-12. This service is provided at Elk River Area Senior High School, Salk Junior High and other secondary schools in Sherbume and Wright counties. Our Elk River based youth advocate worked with 143 students in 1996. The following student and staff evaluations reveal the effectiveness of our work. "I learned to handle my problems in a safer way." "I also learned how to take out my anger instead of punching walls or something." "[Support group] builds up my self-esteem a lot, and you learn what to do when something unexpected happens." "This has been an incredible service to my school", James Voight, Principal, Salk Junior High School. The project has been largely funded by a Juvenile Justice Grant from the Minnesota Department of Economic Security. The grant is not enough to pay for the program, however, and is not necessarily a continuing source of funds. A contribution from the City of Elk River will assist our organization in continuing to provide quality services to young people who have been affected by domestic violence. Please find attached a budget for our youth program and a letter of reference written to funders by the Sherburne County Attorney, Walter Kaminsky. Respectfully, Margaret Ostman Executive Director To Build a Community Free of Domestic Violence RIVERS OF HOPE PROPOSED STATEMENT OF INCOME & EXPENSE FOR FISCAL 1997 JULY 1, 1996 -JUNE 30, 1997 COMMUNITY ADVOCACY PROGP,,AM RECEIPTS: ~ WRIGHT CO, United Way $ 7,500.00 $ 5,000.00 Social/Human Serwces 27.500.00 7_2,250.00 MN Dept. of Correc'0ons 35,000.00 27,000.00 MN Dept. of Economic Secure, _._ _._ County Fine Money 2,995.00 Area Churches 2,000.00 4,000.00 Community/Service OrganLT. at~ons 5,000.00 7,500.00 BUSinesses & Ind~duals 5,400.00 7,680.00 Other FounclationsJGrants -- - 1 z ,000.00 TOTAL RECEIPTS: $ 85,395.00 $ 87,430.00 Salaries 5 57,D00.00 $ 5.c,500.00 Payroll Taxes./Workmen's Como 5.380.00 5.620.00 Health Insurance 980.00 455.00 Travel 2.250.00 2,750.00 Publicity/Advertising 150.00 150.00 Office E. xDenses 1,000.00 1.000.00 Legal & Accounting Serwces 3~.20.00 3.220.00 ConVacted Services 300.00 300.00 Conference & Educa~on 300.00 300.00 Dues & Subscnotions 100.00 100.00 Equipment Lease 700.00 700.00 Equipment Purchase 300.00 500.00 Meals 100.00 100.00 Insurance 2,045.00 2,045.00 Maintenance - Eqpt. 190.00 190.00 Resource Matenals 300.00 300.00 Postage 490.00 490,00 Printmg 535.00 535.00 Rent 5,340.00 4 .~,0.00 Telephone 3,825.00 3,825.00 Outsicle Programs 750.00 750.00 Misc. Expenses , 160,00 180.00 TOTAL DISBURSEMENTS: CRIMINAL JUSTICE INTERVENTION PROGRAM 27,000.00 500.00 500.00 310.00 500.00 $ 28,810.00 YOUTH ADVOCACY PROGRAM_ SHERBURNE & WRIGHT_ 43,000.00 500.00 7,500.00 7,500.00 3,045,00 $ 61,545.00 $ 85,395.00 $ 87,430.00 $19,250.00 1,520.00 950.00 100.00 125.00 270.00 50.00 150.00 25.00 70.00 75.00 30.00 255.00 100.00 100.00 60,00 65.00 3,660.00 825.00 750,00 80.00 28,810.00 $ 46,560.00 4.400.00 455.00 2.250.00 100.00 125.00 540.00 100.00 250.00 50.00 70.00 125.00 45.00 255.00 95.00 275.00 60.00 65.00 3,840.00 1,025.00 750.00 110.00 $ 61,545.00 REVISION #3 $ 12,500.00 46,750.00 89.000.00 43,000.00 2,995.00 7,OO0.00 20,500.00 20.890.00 .175455.1~ $2G3,180.00 S182.310.00, 17.220.00 1 .ST0.0C 8200.00 500.00 2.250.00 7.250.00 750.D0 1.000.00 275.00 1,540.00 1,000.00 275.0~ 4,600.00 575.00 1~75.00 1,100.O0 1.200.00 17.260.00 ~.500.00 3.000.00 5~C,~ 5263,180.00 Sherburne County Walter M. Kaminsky County Attorney Assistant County Attorneys: Thomas N Price Nancy J. Logering Thomas C. McNinch Kathleen A. Heaney Christopher J. Johnson Dean E. Emanuel Rosita Serrano Investigator: Gary E. Poslusny Victim Services Coordinators: Mary Bender Chris Meland Government Center 13880 Highway 10 · Elk River, MN 55330-4601 January 14, 1997 (612) 241-2565 Fax (612) 241-2575 1-800-433-5244 RE: Rivers of Hope Funding Dear Funding Provider: Every year, more domestic violence cases require our review and prosecution. These cases are especially difficult because victims feel depressed, frustrated, powerless, and dependent on the abuser for economic and emotional survival. Your serious consideration of Rivers of Hope funding request will help these victims. Over the last ten years in Sherburne and Wright Counties, I have witnessed Rivers of Hope play a vital role in helping victims wade through our criminal justice system. Whether they be responding to a victim's after midnight crisis, explaining an Order for Protection, waiting with a victim and her baby for hours before the Court hears their case, assisting our staff, counseling teenagers, or educating a local police department, Rivers of Hope remains dedicated in the assistance of domestic abuse victims. In short, Rivers of Hope needs and deserves your support. without reservation Rivers of Hope's funding request. ~~jlSincer ly, l /"" ~ ..,~,,,....,,./×': ... Walter M. a¢ins, k~, | Sherburne .~.u~y Attorney / WMK:Ic .' I recommend What is Battering? Battering, or the use of physical force, is part of a system of behaviors used to establish and maintain power and control over another person. Intimidation: Putting her in fear by using looks, actions, gestures, loud voice, smashing things, destroying her property. Isolation: Controlling what she does, who she sees and talks to, where she goes. Emotional Abuse: Putting her down or making her feel bad about herself, calling her names. Making her think she's crazy. Playing mind games. Economic Abuse: Trying to keep her from getting or keeping a job. Making her ask for money, giving her an allowance, taking her money. Sexual Abuse: Making her do sexual things against her will. Physically attacking the sexual parts of her body. Treating her like a sex object. Using Children: Making her feel guilty about the children, using the children to give messages, using visitation as a way to harass her. Threats: Making and/or carrying out threats to do something to hun her emotionally. Threatening to take the children, commit suicide, report her to welfare. Using Male Privelege: Treating her like a servant. Making all the "big" decsions. Acting like the "master of the castle". These behaviors are more powerful because they are reinforced by the threat or use of physical abuse. Rivers of Hope P.O. Box 142 Elk River, MN 55330 RIVERS OF HOPE (612) 441-0792 (612) 682-6424 1-800-439-2642 To Build a Community Free of Domestic Violence The Problem Domestic violence is abuse in a family or house- hold and includes woman/spouse abuse, child abuse, incest, sibling abuse, and elder abuse. It is a common and serious problem in the United States. For people who have this problem, it always gets worse unless there is some type of intervention. · Every 15 seconds a woman is assaulted and beaten. · Every day, 4 women are murdered by husbands or boyfriends. · 61% of all rapes are of women under 17 years old. · 29% of all rapes are of women under 11 years old. · Prison terms for killing husbands are twice as long as for killing wives. · 25% of all crime is wife assault. · 70% of men who batter their partners sexually or physically abuse their children. · Domestic violence is the number one cause of emergency room visits by women. Victims of domestic violence and their abusers fit no specific category or stereotype. The abuse affects the lives of families from all walks of life, rich or poor, and from all races and religions. It is happening to members of this community. Sources: WAC Stats: The Facts About Women (The New Press); Women's Work Programs, Liz Claiborne, Inc. Services Include: · A 24-hour crisis telephone line to answer emergency calls for assistance. · Referral to a network of safe homes to provide tem- porary emergency housing. · Advocacy services to help a woman identify her needs, feelings, and goals. An advocate can help with: Going through medical procedures Filing a police report Obtaining an Order For Protection Applying for economic assistance Going to court Looking for housing · Support groups so that women can meet with other women and share concerns about the violence in their homes and explore ways of breaking the cycle of violence. · Youth Advocacy and Violence Prevention / Intervention Programs to provide education and sup- port to young people with abuse issues. · Transportation services for women who have no means of getting to safety or necessary appointments. · Community education for the public at large to en- sure increased awareness about domestic violence and the need for social change. · Intervention information and referral for the abuser. Order for Protection What is an Order for Protection? An Order for Protection (OFP) is an order the court makes to protect you from domestic abuse. It may direct the person who has abused you to: a. stop threatening or abusing you; b. leave your household; c. stay away from where you live, go to school, or work; d. pay support to you and your children if legally required to do so; e. enter a counseling program. An OFP may also award you temporary custody of your children and set up conditions for visitation. Who is elegible for an Order for Protection? You may file an OFP if you have recently been a vic- tim of an act of abuse, including pushing, shoving, grab- bing, slapping, punching, pulling hair, kicking, forc- ing sexual acts, or threatening with a weapon. You are eligible for an OFP if you and the person who has abused you: a. are married, or used to be married b. live together, or used to live together c. have a child in common d. are related by blood. Under certain conditions, you may also file an OFP on behalf of your child if she or he has been physically or sexually abused. What happens if an Order for Protection is violated? If the abuser assaults you, theatens you, or violates the order to stay away from you, call the police immediate- ly. In some cases, they are required to make an arrest. If the abuser doesn't follow another part of the order - for example, doesn't pay child support, doesn't attend counseling, harrasses you by phone, or doesn't abide by the child visitation order - Rivers of Hope can help you bring the case back to court. Where to go to get an Order for Protection For assistance in obtaining an OFP, or further infor- mation, call Rivers of Hope.