§ 7A-38.6. Report on community mediation centers. - North Carolina Statutes

§ 7A‑38.6.  Report oncommunity mediation centers.

(a)        All communitymediation centers currently receiving State funds shall report annually to theMediation Network of North Carolina on the program's funding and activities,including:

(1)        Types of disputesettlement services provided;

(2)        Clients receivingeach type of dispute settlement service;

(3)        Number and type ofreferrals received, cases actually mediated (identified by docket number),cases resolved in mediation, and total clients served in the cases mediated;

(4)        Total programfunding and funding sources;

(5)        Itemization of theuse of funds, including operating expenses and personnel;

(6)        Itemization of theuse of State funds appropriated to the center;

(7)        Level of volunteeractivity; and

(8)        Identification offuture service demands and budget requirements.

The Mediation Network of NorthCarolina shall compile and summarize the information provided pursuant to thissubsection and shall provide the information to the Chairs of the House ofRepresentatives and Senate Appropriations Committees and the Chairs of theHouse of Representatives and Senate Appropriations Subcommittees on Justice andPublic Safety by February 1 of each year.

The Mediation Network of NorthCarolina shall also submit a copy of its report to the Administrative Office ofthe Courts. The receipt and review of this report by the Administrative Officeof the Courts shall satisfy any program monitoring, evaluation, and contractingrequirements imposed on the Administrative Office of the Courts by Part 3 ofArticle 6 of Chapter 143C of the General Statutes and any rules adopted underthat Part.

(b)        A communitymediation center requesting State funds for the first time shall provide theGeneral Assembly with the information enumerated in subsection (a) of thissection, or projections where historical data are not available, as well as adetailed statement justifying the need for State funding.

(c)        Each communitymediation center receiving State funds for the first time shall document in theinformation provided pursuant to this section that, after the second year ofreceiving State funds, at least ten percent (10%) of total funding comes fromnon‑State sources.

(d)        Each communitymediation center receiving State funds for the third, fourth, or fifth yearshall document that at least twenty percent (20%) of total funding comes fromnon‑State sources.

(e)        Each communitymediation center receiving State funds for six or more years shall documentthat at least fifty percent (50%) of total funding comes from non‑Statesources.

(f)         Each communitymediation center currently receiving State funds that has achieved a fundinglevel from non‑State sources greater than that provided for that centerby subsection (c), (d), or (e) of this section shall make a good faith effortto maintain that level of funding.

(g)        The percentage thatState funds comprise of the total funding of each community mediation centershall be determined at the conclusion of each fiscal year with the informationprovided pursuant to this section and is intended as a funding ratio and not amatching funds requirement. Community mediation centers may include the marketvalue of donated office space, utilities, and professional legal and accountingservices in determining total funding.

(h)        A communitymediation center having difficulty meeting the funding ratio provided for thatcenter by subsection (c), (d), or (e) of this section may request a waiver orspecial consideration through the Mediation Network of North Carolina forconsideration by the Senate and House of Representatives AppropriationsSubcommittees on Justice and Public Safety.

(i)         The provisions ofG.S. 143C‑4‑5 do not apply to community mediation centers receivingState funds.

(j)         Each communitymediation center receiving State funds shall function as, or as part of, anonprofit organization or local government entity. A community mediation centerfunctioning as a nonprofit organization shall have a governing board ofdirectors that consists of a significant number of citizens from thesurrounding community. State funds may not be used for indirect costsassociated with contracts between the community mediation center and anotherentity for the provision of management‑related services.  (2001‑424, s. 22.2;2003‑284, s. 13.15(c); 2006‑66, s. 14.12; 2006‑203, s. 10;2009‑570, s. 28.)