Ralph Schwartz from the Bellingham Herald was quick to write a headline grabbing article about the amendment. With a title like " Whatcom government couldn't give to nonprofits under charter-review proposal", we can see why the citizens of Bellingham would be instantly enraged. We wish that Ralph had included more details because there is much more to the story.
This charter amendment comes out of some happenings during the Whatcom County budget talks back in October, 2014. The County Council had two meetings where the different departments in the County presented their budget requests.
On October 23, 2014 Ken Mann brings up that he had a meeting with the director of the food bank and he would like to give them more money to buy food. A summary of the conversation is provided in the draft minutes from that day. The discussion about the food bank begins on page 17.
The food bank was budgeted to receive $50,000 for service delivery. Ken Mann wanted to increase the amount by $80,000 for the food bank to buy actual food. He is immediately told by Dewey Dessler, county special projects manager, that the County can not give the Food Bank money for actual food because that would be a gift to citizens and that is against the State Constitution. The problem is that the Food Bank does not have it's clients fill out any verification on what their income level is. The County could give food to people who are poor and infirm. However, the Bellingham Food Bank doesn't ask them for that info so therefore, the County can not give them money for actual food.
In addition, to the transaction not being legal, Tawni Helms from Administrative Services Department, affirmed to the Council that the food bank had not asked or applied for additional funds.
The rest of the conversation centered on how the County could get around the State Constitution and give the money to the food bank. Ken Mann, Barbara Brenner and Pete Kremen were both insistent that the Executives office could find a work around. You know, find a way to break the law, wink wink.
On October 27, 2014 the County Council then voted to send this extra money, that the food bank did not ask for, and is against the State Constitution, to the food bank for purchasing food. Sam Crawford was the only one opposed.
So now you know the rest of the story.
Here is the audio from the Council meeting on this discussion:
Are you sure that "County can not give the Food Bank money for actual food" . Emergency Food Assistance Program (an $800K program) run by the state department of agricultural says that "The state sets a minimum requirement that clients simply declare they do not have the resources to feed themselves and their families to receive food from a food pantry." see http://agr.wa.gov/foodprog/EFAP.aspx Did the county attorney issue an opinion on this? I looked over the King County budget and I saw hundreds of thousands of dollars and multiple programs for food support including a line item for 'food bank support' in the 2015 executive budget. I am suspect that there is a law designed to prevent a county from giving money to local food banks.
ReplyDeleteUpdate: Barbara Brenner contacted us, saying, "I read the minutes and don't see anywhere where I said the county should simply go around the law, wink, wink. Am I missing something? I definitely support extra funding for food for the food bank but I didn't agree with Dewey Desler's claim. But your minutes make it look like I simply didn't care about disobeying the law."
ReplyDeleteWe would like to retract the "wink, wink". The point we were trying to make was that, listening to the audio transcript of the council discussion (which we posted), we drew the distinct impression that the council was just looking for a way to "get it done". Maybe the intent was not to flout the law, but if Dewey Dresler was correct, then at least the topic should have been shelved for more research.
Dewey Desler, special projects co-ordinator for the County voiced the concern that giving money to the food bank to buy food would violate the State Constitution. Previously, the money they have given to the Food Bank was to provide the "service" of providing food – not the actual food.
There are two sections in our State Constitution that he is referring to. Both are found in Article VIII.
Washington State Constitution Article VIII
SECTION 5 CREDIT NOT TO BE LOANED. The credit of the state shall not, in any manner be given or loaned to, or in aid of, any individual, association, company or corporation.
SECTION 7 CREDIT NOT TO BE LOANED. No county, city, town or other municipal corporation shall hereafter give any money, or property, or loan its money, or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm, or become directly or indirectly the owner of any stock in or bonds of any association, company or corporation.
The Washington State Department of Agriculture is the department that administers funds to local food banks. There are two separate programs, TEFAP and EFAP. The Bellingham Food bank receives funds from both of these programs. Here are the eligibility requirements for each program:
TEFAP - Families visiting food banks are asked to self-declare their income and are not asked to provide verification. Those individuals going to emergency meal providers are assumed eligible and will not be required to meet income eligibility verification.
EFAP - The state sets a minimum requirement that clients simply declare they do not have the resources to feed themselves and their families to receive food from a food pantry.
There is concern about how to ascertain if these expenditures are actually getting to verifiably needy persons.
The budgeting of County funds to non-profits during the 2014 process was not limited to the Food Bank, although that is the one program that everyone wants to talk about. The Bellingham Herald, with their article and focus on the Food Bank successfully diverted attention away from the underlying problems this proposed amendment aims to address:
ReplyDelete1. These expenditures come from the county's "general fund" which is the most vulnerable and greatest-need fund because it's what pays for the county's essential services such as the criminal justice system, sheriff, basic services, etc.
2. There is lobbying for these funds that happens behind the scenes
3. There is not a procedure in place to assure that these kinds of fund request are done fairly and with process.
Addressing number three on this list would go a long way in assuring the public that these funds are being allocated appropriately. In order for the Bellingham Food bank to receive State funds for their program they must follow State guidelines and application procedures. (http://app.leg.wa.gov/WAC/default.aspx?cite=16-740-060)
They don't just get to call someone and request money. It is evident from the 2014 County budget talks that the County has no such procedures for grant applications. That needs to be addressed.
Councilor Brenner continued, "I may have been trying to be a little too nice to Dewey and someone mistook that for wanting to disobey the law. I was just tired of being told we couldn't do it because someone said so, rather than in any way wanting to disobey. If the author of the comments had taken any time to be involved in our meetings it would have been very clear that I just don't take the word of the administration as gospel, especially when they don't want to do something."
This is a very valid point, and it actually speaks to another amendment that was proposed, but currently not on the docket for consideration by the Charter Review Commission, that of the (im) balance of power (and salaries) between the Executive and Legislative branches in Whatcom County.