[Andy Fox]

I like this, but I would like there to be a penalty for failure to observe this language.

[Andy Fox]

I see this issue differently. I put the provision in because some organizations literally are adjuncts to LE or receive referrals and/or are part of the legal justice system, and minors living here in violation of immigration laws are being protected by LE and the general criminal laws of Tennessee, mostly from the very people who brought them here.

The organizations you are referring to are providing voluntary assistance to the public at large, not under the mandate of providing a necessary service that is an adjunct to LE. There should be a high bar to receiving public funds, and if an organization refuses to be vigilant with public funds, then the organization needs to seek funding elsewhere.

[Andy Fox]

I am going to propose that subparagraph (a)(10) be revised to read as follows:

10 A sworn statement from the executive director of the organization subject to penalty of perjury, affirming:
1) that no funds of the organization are used to benefit any person or persons residing in, staying in, or visiting Knox County while in violation of United States immigration laws (including but not limited to 8 USC § 1182, §1227, §1324, §1325, and §1326), other than providing assistance to minors who have been directed by law enforcement or child protective services to receive services provided by the organization; and
2) practices are in place to make sure no organization funds are used for the benefit of such person or persons described in subparagraph (k)(1).

The new part is this language:
other than providing assistance to minors who have been directed by law enforcement or child protective services to receive services provided by the organization

This is to allow for people under age 18 who have been sex trafficked, or people under age 18 who are part of the juvenile court system because they are dependent and neglected. If a nonprofit’s mission is providing services for these people, then the chief executive or manager could honestly sign an affidavit saying that no assistance is being provided other than those services. Of course, if there are additional services being provided for those residing in, staying in, or visiting Knox County while in violation of United States immigration laws -including for minors- then there would be no safe harbor for the non profit.

[Andy Fox]

I didn’t simply split Commissioner Russell’s version into 2 components, I also made additions and revisions.

[Andy Fox]

Here is the general fund version:

WHEREAS, Chapter 2, Article VIII, Division 4 of the Knox County Code currently provides receipt and disbursement of county funds and budget procedures; and,

WHEREAS, Knox County is experiencing significant budget and debt challenges, and taxpayer resources must be allocated with great circumspection; and,

WHEREAS, Knox County owes its residents and taxpayers the highest standard of fiscal responsibility regarding stewardship of taxpayer resources; and,

WHEREAS, transparency in allocation and expenditure of taxpayer’s resources must apply to all areas of the county budget, including organizations that receive tax dollars from the county; and,

WHEREAS, in the Knox County fiscal year 2026 budget, $1,909,000 was allocated to defined service contracts through the general fund, for services provided by nonprofit entities or for grants to nonprofit entities; and,

WHEREAS, Knox County should review and conduct due diligence of financial records of a nonprofit entity that receives taxpayer resources, to ensure that the resources are being utilized properly

NOW THEREFORE BE IT ORDAINED BY THE COMMISSION OF KNOX COUNTY AS FOLLOWS:

Section 1. The Knox County Code, Chapter 2, Article VIII, Division 4, entitled Receipt and Disbursement of County Funds; Budget Procedures, is hereby amended to add a new Section 2-558, entitled “Appropriation, Grant and Funding Contract Procedures,” with subsection (a) to read as follows:

(a) Any person or organization requesting the receipt of general county funds under the designation of “Defined Services Contracts” shall submit an application in such form as may be prescribed by the county director of finance and approved by the county commission, subject to the minimum requirements provided herein. Such form shall include, without limitation, all information required by general state law relating to the appropriation of funds for the financial aid of any nonprofit, charitable, or civic organization. Attached to the submission of an application shall be:

1 The general itemized financial statements of the organization, including a copy of the organization’s prior year’s external audit showing a clean unqualified opinion.
2 A detailed accounting of expenditures paid by the organization from the funds it received from Knox County during the previous fiscal year, if applicable.
3 The general itemized financial budget of the organization including a detailed accounting of expenditures budgeted to be paid by the organization from the funds it anticipates receiving from Knox County.
4 A copy of its corporate Charter, bylaws, and similar corporate documents
5 A signed contractual agreement allowing Knox County’s internal audit department to be granted access to all records for financial, operational, and compliance auditing that the internal audit department deems necessary.
6 A disclosure of any potential staff or board member conflicts of interest.
7 A copy of a letter from the Internal Revenue Service evidencing the fact the organization is a nonprofit, tax-exempt organization under the Internal Revenue Code.
8 A statement of the nature and extent of the program of the organization which serves the residents of the county, and how the county funds will be used.
9 A summary and source of funding for administration costs and all other programs or initiatives sponsored or undertaken by the organization, but funded through other sources, so that the citizens of Knox County may be fully apprised of the financial status of each nonprofit organization.
10 A sworn statement from the executive director of the organization subject to penalty of perjury, affirming:
1)that no funds of the organization are used to benefit any person or persons residing in, staying in, or visiting Knox County while in violation of United States immigration laws (including but not limited to 8 USC § 1182, §1227, §1324, §1325, and §1326); and
2) practices are in place to make sure no organization funds are used for the benefit of such person or persons described in subparagraph (k)(1).
11 Salary information for the organization’s chief officer and next highest paid employee
12 Such other information as may be required by the county commission and code of ordinances.

These documents must be received by the county mayor and county commission 90 days prior to inclusion in the Knox County Budget. The county mayor shall recommend within 15 days of receipt that the county commission either approve or deny the application.

Upon recommendation by the county mayor, or upon resolution by the county commission if the county mayor does not recommend, an application shall be reviewed by the county director of finance and the county law director as to form, substance, and compliance with the provisions of this article. In reporting on all applications received and reviewed during the preparation of the annual budget of the county, the director of finance shall prepare and submit for review a fiscal note describing the total funding requirements of all applications presented to the director of finance, including therewith the recommendation of the county mayor, along with anticipated revenues available for such funding.

Additionally, those applications and accompanying documentation recommended by the county mayor shall be presented to the county commission by the county mayor no later than 30 days before presenting the budget at large, accompanied by a fiscal note describing the impact upon available and anticipated revenues generated pursuant to this article, as well as an accounting of the cumulative impact upon such available or anticipated revenues of the funds generated pursuant to this article.

Section 2. The Knox County Code, Chapter 2, Article VIII, Division 4, entitled Receipt and Disbursement of County Funds; Budget Procedures, is hereby amended to add a new Section 2-558 (b), to read as follows:

(b) Upon completion of the review by the director of finance and the county law director of any application for funding pursuant to the provisions of this article, the application, recommendations, and other review prepared by the county director of finance shall be forwarded to the finance committee of the county commission no later than 30 days before presentation of the budget by the county mayor to the county commission. Such committee shall prepare its recommendations for action on the application by the county commission. No request for funding pursuant to this article shall be considered by the county commission without the review, reports, and recommendations/resolutions mandated herein.

Upon approval of the Knox County Budget, any organization approved for funding pursuant to this article must sign a contractual agreement with the county and ensure compliance with all stated terms and conditions; including, providing Knox County’s internal audit department access to all financial, operational, and compliance records, and implementation of any recommendations and/or requirements that the internal audit department deems necessary.

Section 3. This Ordinance shall take effect as provided by the Charter of Knox County, Tennessee, the public welfare requiring it.

[Andy Fox]

I split Commissioner Russell’s proposal into 2 separate ordinances, one for the defined service contracts funded through hotel/motel tax, and the other one for defined service contracts funded with the general fund. Here is the hotel/motel tax version:

WHEREAS, Chapter 58, Article III, Section 58-92 of the Knox County Code currently provides appropriation, grant and funding contract procedures for allocation of the hotel occupancy tax, otherwise known as the hotel/motel tax fund; and,

WHEREAS, Knox County is experiencing significant budget and debt challenges, and taxpayer resources must be allocated with great circumspection; and,

WHEREAS, Knox County owes its residents and taxpayers the highest standard of fiscal responsibility regarding stewardship of taxpayer resources; and,

WHEREAS, transparency in allocation and expenditure of taxpayer’s resources must apply to all areas of the county budget, including organizations that receive tax dollars from the county; and,

WHEREAS, in the Knox County fiscal year 2026 budget nonprofit entities received $12,000,000 through the hotel/motel tax fund; and,

WHEREAS, Knox County should review and conduct due diligence of financial records of a nonprofit entity that receives taxpayer resources, to ensure that the resources are being utilized properly.

NOW THEREFORE BE IT ORDAINED BY THE COMMISSION OF KNOX COUNTY AS FOLLOWS:

Section 1. The Knox County Code, Chapter 58, Article III, Section 58-92, entitled “Appropriation, grant and funding contract procedures,” is hereby amended by replacing subsection (a) to read as follows:

(a)Any person requesting the receipt of funds generated by the provisions of this article shall submit an application in such form as may be prescribed by the county director of finance and approved by the county commission, subject to the minimum requirements provided herein. Such form shall include, without limitation, all information required by general state law relating to the appropriation of funds for the financial aid of any nonprofit, charitable, or civic organization. Attached to the submission of an application shall be:

1 The general itemized financial statements of the organization, including a copy of the organization’s prior year’s external audit showing a clean unqualified opinion.
2 A detailed accounting of expenditures paid by the organization from the funds it received from Knox County during the previous fiscal year, if applicable.
3 The general itemized financial budget of the organization including a detailed accounting of expenditures budgeted to be paid by the organization from the funds it anticipates receiving from Knox County.
4 A copy of its corporate Charter, bylaws, and similar corporate documents
5 A signed contractual agreement allowing Knox County’s internal audit department to be granted access to all records for financial, operational, and compliance auditing that the internal audit department deems necessary.
6 A disclosure of any potential staff or board member conflicts of interest.
7 A copy of a letter from the Internal Revenue Service evidencing the fact the organization is a nonprofit, tax-exempt organization under the Internal Revenue Code.
8 A statement of the nature and extent of the program of the organization which serves the residents of the county, and how the county funds will be used.

9 A summary and source of funding for administration costs and all other programs or initiatives sponsored or undertaken by the organization, but funded through other sources, so that the citizens of Knox County may be fully apprised of the financial status of each nonprofit organization.
10 A sworn statement from the executive director of the organization subject to penalty of perjury, affirming:
1)that no funds of the organization are used to benefit any person or persons residing in, staying in, or visiting Knox County while in violation of United States immigration laws (including but not limited to 8 USC § 1182, §1227, §1324, §1325, and §1326); and
2) practices are in place to make sure no organization funds are used for the benefit of such person or persons described in subparagraph (k)(1).
11 Salary information for the organization’s chief officer and next highest paid employee
12 Such other information as may be required by the county commission and code of ordinances.

These documents must be received by the county mayor and county commission 90 days prior to inclusion in the Knox County Budget. The county mayor shall recommend within 15 days of receipt that the county commission either approve or deny the application.

Upon recommendation by the county mayor, or upon resolution by the county commission if the county mayor does not recommend, an application shall be reviewed by the county director of finance and the county law director as to form, substance, and compliance with the provisions of this article. In reporting on all applications received and reviewed during the preparation of the annual budget of the county, the director of finance shall prepare and submit for review a fiscal note describing the total funding requirements of all applications presented to the director of finance, including therewith the recommendation of the county mayor, along with anticipated revenues available for such funding.

Additionally, those applications and accompanying documentation recommended by the county mayor shall be presented to the county commission by the county mayor no later than 30 days before presenting the budget at large, accompanied by a fiscal note describing the impact upon available and anticipated revenues generated pursuant to this article, as well as an accounting of the cumulative impact upon such available or anticipated revenues of the funds generated pursuant to this article.

Section 2. The Knox County Code, Chapter 58, Article III, Section 58-92, entitled appropriation, grant and funding contract procedures, part (b), is hereby amended by replacing subsection (b) to read as follows:

(b) Upon completion of the review by the director of finance and the county law director of any application for funding pursuant to the provisions of this article, the application, recommendations, and other review prepared by the county director of finance shall be forwarded to the finance committee of the county commission no later than 30 days before presentation of the budget by the county mayor to the county commission. Such committee shall prepare its recommendations for action on the application by the county commission. No request for funding pursuant to this article shall be considered by the county commission without the review, reports, and recommendations/resolutions mandated herein.

Upon approval of the Knox County Budget, any organization approved for funding pursuant to this article must sign a contractual agreement with the county and ensure compliance with all stated terms and conditions; including, providing Knox County’s internal audit department access to all financial, operational, and compliance records, and implementation of any recommendations and/or requirements that the internal audit department deems necessary.

Section 3. The Knox County Code, Chapter 58, Article III, Section 58-92, entitled appropriation, grant and funding contract procedures, part (d), is hereby amended by deleting subsection (d).
Section 4. This Ordinance shall take effect as provided by the Charter of Knox County, Tennessee, the public welfare requiring it.

[Andy Fox]

Yes, thank you! I like this idea of withholding permits on other projects until utilities comply with obligations.

[Andy Fox]

Yes

[Andy Fox]

Madam Chair

Please add the following items to Non Consent:
33. R-25-7-501
34. R-25-7-502
40. R-25-7-606

Thank you!

[Andy Fox]

I agree with Commissioner Jackson’s rationale. I think that this concern for speaking as the Chair can simply be alleviated by the Chair saying, “I’m speaking in my personal capacity”, or “I’m speaking as a commissioner and not as Chair.” Otherwise, this ordinance creates a trap for the unwary. How many votes has the Knox County Commission taken over the years? The Chair would be responsible for knowing each vote, and then knowing whether the opinion being expressed was a 1 for 1 difference from a commission vote. What if the difference between the commission vote and the Chair’s opinion was not substantial in the chair’s mind, but another commissioner brings the speaking engagement to the commission at large and makes an issue of it? This would result in a chilling of speech exactly as Commissioner Jackson predicts.

Andy Fox

[Andy Fox]

Commissioner Frazier,

I haven’t had sufficient time to do so. We had an accelerated schedule this month. If everyone will agree to postpone the question, I will be pleased to speak further to the staff and department heads. In the meantime, I will be making a brief presentation during public forum.

[Andy Fox]

I don’t think anyone disputes that there is a homeless population. The existence of a homeless population does not warrant, ipso facto, the application of tax dollars to address the issue. I believe this is the province of churches and charity, not government.

[Andy Fox]

Commissioner Jackson

The forum won’t allow for uploads. I encourage you to review this webpage, which serves as a basis for my presentation:
https://www.cbo.gov/publication/60419

In short in FY 2023 the US govt. had $4.441 T in revenue. Given the outlays of SocSec, Major Health, Fed retirement benefits, debt service, and Defense spending, the US govt. was $20 B in the red. All spending after those items is borrowed money.

Also, I will be relying on http://www.usdebtclock.org, if time allows.

[Andy Fox]

Madam Chair

I withdraw my previous intent to place Item 27 on the non consent calendar. From my perspective, it can be restored to the consent calendar

Thank you.

[Andy Fox]

Commissioner Russell

With whom did you speak about Item 45?

Thanks!

[Author]

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