HomeMy WebLinkAboutBIL 156 Draft 01 2024-2026
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25, SECTION 2-137, 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 2-137, of the Hawai‘i County Code 1983 (2016 Edition, as amended), is amended to read as follows:
“Section 2-137. Eligible organizations.
(a) 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 adhere to a written conflict of interest policy which complies with requirements of
the Internal Revenue Service, State law, and rules and regulations of the [finance director.] director of finance.
(2) The nonprofit organization shall certify, under penalty of perjury and in a form prescribed by the director of finance, that it has bylaws or policies which describe the manner in
which business is conducted, including management, audit, and fiscal policies and procedures[, written policies on prohibiting nepotism, and policies on management of potential conflict
of interest].
(3) The nonprofit organization shall certify, under penalty of perjury and in a form prescribed by the director of finance, that it has written policies and procedures against nepotism
and regarding the management of actual and potential conflicts of interest.
[(3)] (4) The nonprofit organization must be licensed and accredited in accordance with applicable requirements of Federal, State, and County laws.
[(4)] (5) The nonprofit organization shall disclose any of its board members, officers, directors, or administrators who may 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, if known.
(b) In determining the eligibility of organizations under this section, the County may require additional documentation or take appropriate action if a material misrepresentation is
discovered.”
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: