HomeMy WebLinkAboutCOM 0140.034 2000-2002 AL KONISHI `~a ~'4 DONALD IKEDA
County Clerk Deputy County Clerk
••'a~os'aA'~'
CON~TANCE R. KIRIU
Legislative Auditor
COUnty Of ~OWldl ~l
Office of the County Cl~r1~
25 Aupuni Street
Hilo, Kawai'i 96720
Telephone: (808) 961-8255 Facsimile: (808) 961-8912
May 7, 2001
TO: Council Members
FROM: Connie KiriuP.~-~
Legislative Auditor
RE: Bill 38
Corporation Counsel Opinion
This is to transmit a memorandum dated May 2, 2001, from Deputy Corporation Counsel Scott Leithead
regarding the legality of a proposed condition to Bill 38, the Operating Budget. Mr. Leithead suggests a
few changes, including adding the account numbers of grants from other funds.
Att.
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ale loo..
CoUNC~~
Ref. '~03 .
s; ~'s
Ref. ~~te ~ ~o,Y c L
I-darry Kim o~JNjv ®F H,`~9'• O~FI~ ~f_ ~ - 4 J i~incoln S.T. Ashida
Mavur *C t+ i i s. ~ nrution Counsel
o ~ ` ~ p~ raid Takase
'r~TE of Hr.`°~'`` O' ~ tAY ' ~ f 1~1 A~i.cDCorPorution Coun.se(
~~1Lt1~~~ II~ 2~~t1<Yt
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622
MEMORANDUM
TO: Connie Kiriu, Legislative Auditor
FROM: A.Scott Leithead, Deputy Corporation Counse
DATE: May 2, 2001
RE: Bi1138 (Operating Budget 2001-2002) Revised Language
This Memorandum is in response to your written request of April 17, 2001. The questions and
answers are as follows:
Question 1
Whether adding a new Section to the County's Operating Budget (Bill 38) would be legal under
Section 46-7, Hawaii Revised Statutes (HRS) and sub-section 13-13(b), Hawaii County Charter
(HCC) to read as follows:
"SECTION 7. The grant revenues set forth in SECTION 4-Account Nos.
010-3301, 010-3302, 010-3304, and 010-3305 are expected to be derived by the
county for federal or state sources during Fiscal Year 2001-2002. These grant
revenues are hereby appropriated in the amounts set forth in SECTION 4 to the
programs identified therein; provided that disbursement is conditioned on (1)
receipt of a notification of grant award from the grantee, or receipt of notification
from the grantor that the grant award will be forthcoming and that the County is
authorized to incur costs pursuant to such grant award; (2) written notice to the
Council, attached to a copy of the notification from the grantor/grantee; and (3)
submittal to the Council of a final grant report (may be a copy of the final report
required by the grantor).
Pursuant to Section 46-7, Hawaii Revised Statutes, as amended, and
Section 13-13(b), Hawaii County Charter, the Mayor is hereby authorized to
execute any documents to receive and expend the funds for the programs identified
in SECTION 4.
MEMORANDUM
Connie Kiriu, Legislative Auditor
May 2, 2001
Page 3
Pursuant to Section 46-7, HRS, and Section 13-13(b)~ HCC, the Mayor is
hereby authorized to execute any documents necessary to apps for, receive and
expend the funds for the pro rg_ams identified in SECTION 4.
Grant revenues received during Fiscal Year 2001-2002 for programs that
are not included in SECTION 4 shall be sub~,ect amending the budget to add the
grant pram and revenues for the passage of a bill.
A final report or the final report required by the grantor shall be submitted
to the Council upon completion of the grant pro_,g am".
Please contact our office if you have any questions.
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a:Kiriu memo.asl