HomeMy WebLinkAboutBIL 193 Draft 01 2024-2026AN 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. The purpose of this ordinance is to clarify that members of the governing board of a nonprofit organization seeking an award of a County grant shall serve without compensation
for services performed in their capacity as board members.
SECTION 2. Chapter 2, article 25, section 2-137, of the Hawaiʻi County Code 1983 (2016 Edition, as amended), is amended by amending subsection (a) to read as follows:
“(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 for their governance duties 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 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.
(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.
(4) The nonprofit organization must be licensed and accredited in accordance with applicable requirements of Federal, State, and County laws.
(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.”
SECTION 3. New material is underscored. In printing this ordinance, the underscoring need not be included.
SECTION 4. 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 this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 5. This ordinance shall take effect upon its approval.
INTRODUCED BY:
______________________________________
HOLEKA GORO INABA, Ed.D.
Council Member
______________________________________
HEATHER KIMBALL
Council Member
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: