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COUNTY OF HAWAII `•( ` '
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BILL NO. 32
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2,ARTICLE 25, SECTION 2-138, OF THE
HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO
APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 25, section 2-138, of the Hawai`i County Code 1983
(2016 Edition, as amended), is amended to read as follows:
"Section 2-138. Conditions for grants.
Nonprofit organizations to whom a grant has been awarded shall agree to comply
with the following conditions before receiving the grant:
(1) Employ and appoint persons on the basis of merit and ability;
(2) Comply with applicable Federal and State laws prohibiting discrimination
against any person on the basis of race, color, national origin, religion, creed,
sex, age, or handicap;
(3) Agree not to use any public funds for purposes of entertainment or perquisites;
(4) Public funds shall not be used for the repayment of debts held by the nonprofit
organization;
(5) Public funds shall only be used for the actual cost of expenditures that are
necessary and directly applicable to the service or activity covered by the
grant agreement;
[(4)] (6) Comply with such other requirements as the director may prescribe to
ensure adherence by the nonprofit organization with Federal, State, and
County laws, and established standards for fiscal and program management;
[(5)] (7) Allow the director,the committees of the council and their staffs, and the
[legislative] County auditor access to facilities,personnel,records, reports,
files, and other related documents in order that the program, management,
and fiscal practices of the nonprofit organization may be monitored and
evaluated to assure the proper and effective expenditure of public funds; and
[(6)] (8) Each nonprofit organization shall submit a disclosure form along with its
grant application which lists any board member, officer, director or
administrator that may have a conflict of interest or potential conflict of
interest, including any familial relationship with any of the following:
(A) A member or members of the council;
(B) Staff appointed by a member of the council;
(C) The mayor;
(D) The managing director;
(E) The director of finance; or
(F) The corporation counsel, the assistant corporation counsel, or a deputy
corporation counsel.
The disclosure form shall specify any and all mitigation measures to
avoid, in fact or appearance, any conflict of interest."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance,the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
104/4„
,OUNCIL MEMBER, COUNTY OF HAWAI`I
, HawaiL i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 149
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