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Supplantation Policy

Prohibiting use of Commission Funds to Supplant State or Local Government Funds

Adopted by Resolution of the Sonoma County Children and Families Commission on January 23, 2002.

Purpose: The purpose of the policy is to assure compliance with Proposition 10, adopted by the voters in 1998. Health & Safety Code section 30131.4 provides, in part, that Prop. 10 funds shall be used only to supplement existing levels of service and not to fund existing levels of service. It further provides that no money in the Commission’s trust fund shall be used to supplant state or local general fund money for any purpose.

  • Policy: 1
    No Commission funds shall be used to supplant state or local general fund money for any purpose. Commission funds shall be used only to supplement existing levels of service and not to fund existing levels of service.
  • Policy: 2
    To that end, no Commission funds shall be granted or used for any existing project or program funded by state or local general funds unless the proponent demonstrates to the Commission’s satisfaction that the Commission’s funding will be used to improve the quality or quantity of an existing service, and not to supplant existing funding.
  • Policy: 3
    The prohibition on supplantation was intended to prevent state and local governments from shifting fiscal responsibility for ongoing public programs to the state and local commissions. The prohibition on supplantation does not make reference to privately funded or federally funded programs. Therefore, the prohibition applies only to programs and services currently or previously funded by state or local government general funds, and which are “existing” as defined below.
  • Policy: 4
    The prohibition on supplantation was not intended to prevent, stifle or discourage state or local government agencies from funding pilot programs, which provide valuable innovations and formation. Therefore, the prohibition should not be interpreted to apply to pilot programs or services, as defined below.

Definitions

  • Existing means, with respect to a level of service, a service that is in effect or operation at the time a request for funding is acted upon by the Commission, or at any time within the 12-month period preceding the Commission’s action.
  • State general funds means funds that which are received into the treasury of the state and not required by law to be credited to any other fund.1
  • Local government general funds means funds which are received into the treasury of the local government and not specially appropriated to any other fund.2
  • Level of service includes both the quality and quantity of services.
  • Pilot with respect to programs or services means those that are implemented on a temporary and limited basis in order to test and evaluate the effectiveness of the program, develop new techniques, or gather information.3
  • Supplant shall be given its ordinary meaning, that is, “to take the place of.”

1 See Gov. Code section 16300

2 See Gov. Code section 29301

3 See Penal Code section 5058.1

Guidelines

  1. Every applicant must disclose in its application whether the program has received funding from other sources (whether local or state government, private, or federal) within the past three years, and as to any public funding, identify the law or program under which funding was received.
  2. Whenever an application discloses that state or local government funding has been received for the proposed program or service within the last three years, the applicant must also demonstrate to the Commission’s satisfaction:
    1. that the program or service has not received state or local general funds within the 12 month period preceding the Commission’s action, or
    2. that, if received, such funds have not been reduced during the 12 month period preceding the Commission’s action, or
    3. that the program or service was a pilot project, or
    4. that the Commission’s funds will be used to augment or improve the existing level of service, either in terms of quantity or quality.
  3. The Commission may require the applicant to provide any additional information regarding sources and uses of funds at any time. Based upon all existing facts and circumstances, the Commission shall determine whether the proposal would violate this policy. The Commission’s determination will be made as of the time a grant agreement is entered into. For multi-year contracts or commitments, the Commission, reserves the right to re-examine its determination that its funds will not be used in violation of this policy.

 

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