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.