LEGISLATIVE HISTORY
ORDINANCE NO. BL2009-539
An ordinance amending Section 5.16.070 of the Metropolitan Code pertaining to the forty-five dollar ($45.00) “victims assistance assessment” to remove Ujima House, Inc., as one of the programs to receive funds collected through the assessment.
WHEREAS, Tennessee Code Annotated § 40-24-109 provides that county legislative bodies may elect to establish or provide funding for a program to assist victims of crime and their families, and authorizes the court clerks to collect a “victims assistance assessment” in the sum of forty-five dollars ($45.00) from any person convicted of a criminal offense; and
WHEREAS, the types of programs that can be funded pursuant to Tennessee Code Annotated § 40-24-109 include “rape crisis centers, domestic violence shelters, victim of crime hotlines and information programs, individual, group and family counseling services, crisis intervention programs, support groups and other similar programs designed to assist victims of crime, their families or survivors”; and
WHEREAS, Tennessee Code Annotated § 40-24-109(b)(1) requires county legislative bodies electing to fund existing victims assistance programs to specifically designate the programs for which the assessment will be used; and
WHEREAS, on July 15, 2008, the Metropolitan Council enacted Second Substitute Ordinance No. BL2008-214, which, in part, included Ujima House, Inc., as one of the agencies to receive funding through the victims assistance assessment; and
WHEREAS, on August 10, 2009, the Department of Finance – Office of Financial Accountability issued a monitoring report regarding Metropolitan Government grant funding appropriated to Ujima House, Inc. in fiscal year 2008; and
WHEREAS, the monitoring report for Ujima House, Inc. evidenced serious deficiencies concerning the operation of the program, and recommended that Ujima House, Inc., immediately repay the Metropolitan Government $32,426; and
WHEREAS, the findings of the monitoring report include the following:
o More than $8,000 in questionable expenses was charged to the grant, such as out-of-state department store purchases and travel expenses.
o The grant contract provided that Ujima House was to provide shelter to 75-100 women and children in need of emergency shelter, yet only served one client during the grant period.
o Ujima House failed to segregate Metropolitan Government funds from other sources of funding.
o The Board of Directors for Ujima House did not meet nor provide any oversight for the agency during the grant period.
and
WHEREAS, in light of the deficiencies noted in the monitoring report, it is appropriate that the Metropolitan Council remove Ujima House, Inc., as an entity to receive funding through the victims assistance assessment in order to ensure that these tax funds are being utilized to the greatest extent possible to provide services to victims of crime.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That Section 5.16.070 of the Metropolitan Code is hereby amended by deleting subsections E. and F. and substituting with the following:
"E. CASA, Inc. (Court Appointed Special Advocate) of Nashville, Tennessee, the Mary Parish Center, the YWCA Domestic Violence program, the Nashville Children’s Alliance, and the Sexual Assault Center are hereby designated as the victims assistance programs to be funded by the victims assistance assessment established pursuant to this section.
F. The victims assistance assessment authorized by this section shall be in addition to all other taxes, costs, and fines. The first three dollars ($3.00) of each assessment shall be retained by the Davidson County Criminal Court Clerk to defray processing and handling costs. The remaining forty-two dollars ($42.00) shall be disbursed as follows:
1. Eight dollars and forty cents ($8.40) shall be transmitted to CASA, Inc., to defray the costs of providing the services to victims of crime designated by the program’s mission statement and guidelines.
2. Eight dollars and forty cents ($8.40) shall be transmitted to the Mary Parish Center to defray the costs of providing the services to victims of crime designated by the program’s mission statement and guidelines.
3. Eight dollars and forty cents ($8.40) shall be transmitted to the YWCA Domestic Violence program to defray the costs of providing the services to victims of crime designated by the program’s mission statement and guidelines.
4. Eight dollars and forty cents ($8.40) shall be transmitted to the Nashville Children’s Alliance to defray the costs of providing the services to victims of crime designated by the program’s mission statement and guidelines.
5. Eight dollars and forty cents ($8.40) shall be transmitted to the Sexual Assault Center to defray the costs of providing the services to victims of crime designated by the program’s mission statement and guidelines.”
Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Sponsored by: Ronnie Steine
| LEGISLATIVE HISTORY |
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|---|---|
| Introduced: | September 1, 2009 |
| Passed First Reading: | September 1, 2009 |
| Referred to: | Budget & Finance Committee |
| Passed Second Reading: | September 15, 2009 |
| Passed Third Reading: | October 6, 2009 |
| Approved: | October 8, 2009 |
| By: | |