HomeMy WebLinkAboutBIL 032 Draft 01 2022-2024
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, SECTION 2-138, OF THE HAWAI‘I 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 HAWAI‘I:
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:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: