RES 290 Draft 02 2008-2010 - Laserfiche WebLink

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WHEREAS, the majority of voters of the County of Hawai'i passed the Lowest Law Enforcement Priority of Cannabis ordinance in 2008; and WHEREAS, Hawai'i County Code Article 16. Section 14 -101 states, (a) Neither the council, nor the police commissioner, nor the chief of police, nor any attorneys prosecuting on behalf of the county, nor any associated law enforcement staff, deputies, or officers shall spend or authorize the expenditure of any public funds for the investigation, arrest, or prosecution of any person, nor for the search or seizure of any property in a manner inconsistent with the Lowest Law Enforcement Priority as defined in section 14 -98 and 14 -99 of this article. (b) The council shall not support the acceptance of any funds for the marijuana eradication program; and WHEREAS, the Hawai'i County Council wishes to adhere to the ordinance passed by the majority of voters in the 2008 elections; and WHEREAS, Hawai'i Revised Statutes, Section 46 -7, requires that county departments obtain the consent of the council to enter into agreements with the federal or state governments respecting action to be taken pursuant to any of the powers granted by law to furnish, expend, and receive any funds or other assistance in connection with projects being or to be undertaken pursuant to those powers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with section 46 -7, Hawai'i Revised Statutes, that the Mayor of the County of Hawai'i is authorized to execute, on behalf of the County, the contract, attached hereto and incorporated herein by reference as Exhibit "1 ", to enable the County to utilize the Hawai'i Narcotics Task Force grant funding. BE IT FURTHER RESOLVED, the funds received from this Recovery Act Grant shall not be utilized for the purpose of marijuana eradication as defined in Article 16 section 14 -98 and 14 -99 which relates to the Lowest Law Enforcement Priority Cannabis Ordinance. 2