HomeMy WebLinkAboutCOM 0918.004 2022-2024Dr. Holeka Goro Inaha
Council Member, District 8, N. Kona
HAWAI`I COUNTY COUNCIL
Counly of Haivai `i
I -Vest Hmvai'i Civic Center, Bldg, A
74-5044 Ane Keohokalole Hivy.
Kailua-Kona, Hawai'i 96740
DATE: July 8, 2024
Office: (808) 323-4280
Email: hol eka. inaba0ahmvaiicoifnly.gov
TO: Heather L. Kimball, Chairperson
and Members of the Hawai` i County Council
FROM; Dr, Holeka Goro Inaba, Council Member
Council District 8
SUBJECT: Proposed Amendments to Bill No. 176; an Ordinance Amending Chapter 2,
Article 25 of the Hawaii County Code 1983 (2016 Edition, as Amended),
Relating to Appropriation of Funds to Nonprofit Organizations.
Attached are proposed amendments to Bill No. 176. The proposed amendments are shown below
in Ramseyer format with respect to the contents of Bill No, 176. Material to be deleted is
bracketed and stricken, and material to be inserted is underscored.
1, SECTION 2 of Bill No. 176, which amends chapter 2, article 25, section 2-137, of the
Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 2-137. Eligible organizations.
All grant payments made by the County to nonprofit organizations are to be made
in accordance with these standards so that the funded nonprofit programs yield direct
benefits to the public and accomplish public purposes within the County. All nonprofit
organizations seeking awards of County grants shall meet the following eligibility
requirements:
(1) The nonprofit organization has a governing board whose members serve
without compensation and have no material conflict of interest.
(2) The nonprofit organization has bylaws or policies which describe the manner
in which business is conducted, including management, audit, and fiscal
policies and procedures, policies on prohibiting nepotism, and policies on
management of potential conflict of interest.
C(3) The nonprofit organization atio , h at least years p ee with the v
to the
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Comm. No -I
Ref. To:
Hmvai `i Coun4ty Is an Equal Opportunity Provider and Employer Ref. Rafe "°
[(4)]0 The nonprofit organization must be licensed and accredited in accordance
with applicable requirements of Federal, State, and County laws.
4 The nonprofit organization shall disclose aLiy. of its board members officers
directors or administrators who ma have a familial or business relationship
with any of the following:
(A) A member or members of the council;
(B) The mayor;
(C) The managing director;
(D) The director;
(E) The corporation counsel, the assistant corporation counsel, or a deputy
corporation counsel; or
(F) Any County officer or employee with oversight of the grant.
Should a disclosure be made, the County shall take steps to prevent the
employee's participation and/or influence in determining; eligibility for grant
consideration award of..a. rant and compliance. with re aired grant
reporting,"
2. SECTION 3 of Bill No. 176, which amends chapter 2, article 25, section 2-138, of the
Hawaii County Code 1983 (2016 Edition, as amended), is amended to read as follows:
"Section 2-138. Conditions for grant awards.
(a) The County may only grant an award when [tom]:
1 The program or service proposed in the grant application yields direct benefits
to the public and accomplishes public purposes within the County[.]; and
2 The nonprofit organization has at least one ear's experience with the service
or activity for which the appropriation is sought or can otherwise demonstrate
to the satisfaction of the County sufficient expertise to successfully cam out
the service or activity.
(b) Nonprofit organizations to whom any grant is 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 disability;
(3) Agree not to use any public firnds for purposes of personal entertainment or
perquisites;
(4) 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) Allow the director, the committees of the council and their staffs, and the
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 firnds; and
2
LThe nefiprafit organization shall diselese any of its board members,offieefs,
.l : ete
s, A
(A) A member or membefs ef the with any of the fellewing�
(B) __ The ffl&ro,..
(G) The direetA,
(B) The managing diree+Ew-,
(H) The eV111V1[A 11V it \rV lllln , 3 or Et depwy
corporation of._A
(F) Any County offleer or efflpleyee with oversight of the gr-
Should a des lestifo 1, the Getinty shall take steps te pfevent the
made,
enVleyees
d t r award a of'a gFant and . pl with required g ,mot , «. ngi
c-i�aTlvI � UYYU1i.i c11 , r' ,
and]
[{�}] All fiends awarded shall be restricted for the purposes stated in the
application, except for a maximum ten percent for administrative and
overhead costs."
Due to the limited scope of these proposed amendments, a copy of the new draft of this bill that
would result if the amendments were adopted is not attached,
Thank you.
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