HomeMy WebLinkAboutBIL 193 Draft 01 2024-2026•
..
COUNTY OF HAWAI`I f•4l`t--. .:1'!.) STATE OF HAWAI`I
TE O;'H0..---
1 BILL NO. 193
ORDINANCE NO.
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. 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 Hawai`i 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
ATHER KIMB
Council Member
,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 1074
llUIIllillH -
2 LRB 26-070 D8