HomeMy WebLinkAboutBIL 287 Draft 02 2010-2012 Jrtq Os N,�1
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BILL NO. 287
(DRAFT 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 25 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION,AS AMENDED), RELATING TO
APPROPRIATION OF FUNDS TO NONPROFIT ORGANIZATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 25 of the Hawai`i County Code 1983 (2005 Edition, as
amended), is amended to read as follows:
"Article 25. Appropriation of Funds to Nonprofit Organizations.
Section 2-135. Purpose.
The purpose of this article is to establish standards for the appropriation of funds to
nonprofit organizations providing programs and services which the County has determined to be
in the public's interest.
Section 2-136. Definitions.
As used in this article, unless the context otherwise requires:
(1) "Conflict of interest" means a substantial probability that action taken by an individual
will result in measurable direct benefits accruing to the individual as opposed to
benefits accruing in general to an industry.
(2) "Director" means the director of finance of the County.
(3) "Grant" means an appropriation of public funds to a nonprofit organization for a public
purpose.
(4) "Nepotism" means appointing persons to positions on the basis of their blood or
marital relationship to the appointing authority, rather than on merit or ability.
(5) "Nonprofit organization" means an organization organized for other than profit-making
purposes and which has a current 501(c)3 tax-exemption from the Internal Revenue
Code.
(6) "Perquisite" means a privilege furnished or a service rendered by an organization to an
employee, officer, director, or member of that organization to reduce the individual's
personal expenses.
[(7) "Purchase of service" means the exchange by an agency of goods and services to be
delivered by a nonprofit organization to the general public for cash payments
Substantially equal in value to such goods and services.]
Section 2-137. Eligible organizations.
All [grants and purchasc of sere] 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. No grant [er
purchase of services contract] to a nonprofit organization shall be made unless the nonprofit
organization meets the following criteria:
(1) The nonprofit organization is chartered or otherwise authorized to do business in the
State for charitable purposes and exempted from the Federal income tax by the Internal
Revenue Service.
(2) The purposes for which the nonprofit organization is organized provide benefits to the
people of the County.
(3) The service or activity to be provided by the nonprofit organization, and funded by the
County, shall address educational concerns, culture and the arts, the needs of the poor,
youth, the aged, those with physical or emotional disabilities, victims of crimes, [er]
victims of health or social crises, or public health and welfare of the people and the
environment, as may be determined by the County.
(4) The nonprofit organization has a governing board whose members serve without
compensation and have no conflict of interest between their regular occupations and
the services provided by the nonprofit organization.
(5) 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 nepotism, and policies on management of potential conflict of
interest.
(6) The nonprofit organization has at least one year'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 carry out the service or
activity.
(7) The nonprofit organization must be licensed and accredited in accordance with
applicable requirements of Federal, State and County laws.
Section 2-138. Conditions for grants [: . . • • . • . • . ••• • • •• • • ].
Nonprofit organizations to whom a grant has been [made or a purchase of service
agreement] awarded shall agree to comply with the following conditions before receiving the
grant [or purchase of service agreement]:
(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 handicap;
(3) Agree not to use any public funds for purposes of 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; and
(5) Allow the director, the committees of the council and their staffs, and the legislative
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 funds.
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(6) Each nonprofit organization shall submit a disclosure form along with its grant
application which lists any board member, officer, director or administrator that may
have a conflict of interest or potential conflict of interest, including any familial
relationship with any of the following:
(A) A member or members of the council;
(B) Staff appointed by a member of the council;
(C) The mayor;
(D) The managing director;
(E) The director of finance; or
(F) The corporation counsel, the assistant corporation counsel, or a deputy
corporation counsel.
The disclosure form shall specify any and all mitigation measures to avoid, in fact or
appearance, any conflict of interest.
Section 2-139. Procedure for awarding grants.
(a) All [grants] grant awards made to a nonprofit organization by the County shall be made in
accordance with one of the following procedures:
(1) Grants-in-aid awarded annually in operating budget:
(A) Annually, before November 30, the director shall, for the purpose of soliciting
applications, establish a sum of at least [$900,899] $1,000,000 to be available in
the ensuing fiscal year for funding requests by nonprofit organizations. The
director shall publish a notice soliciting applications in two newspapers of
general circulation within the County [of Hawai`i] by November 30.
(B) All applications for grants shall be submitted to the director on or before January
31 preceding the County's fiscal year, which begins on July 1. Applications shall
be prepared on forms provided by the director. Applications not in conformance
with the requirements of[the County] this Code may be rejected. All application
forms shall include detailed information on specific, measurable outcomes and
public benefits to be derived from the expenditure of County funds.
(C) The director shall submit to the council all qualifying applications as provided in
Sections 2-137 and 2-138 for its review and appropriation of funds. Site
visitations of nonprofit organizations submitting complete applications may be
conducted by the council and its designated staff, as deemed necessary by the
chair of the appropriate committee, after January 31 but prior to final action on
the operating budget by the council. Any site visitations shall be publicly noticed
and conducted in a manner that allows flexible councilmember participation and
designated staff support.
[(D) Upon favorable action by the council to appropriate funds for the grant, the
director shall notify agencies of their funding or lack thereof by July 31 and
award the grant in compliance with this article.]
(D) Upon favorable action by the council to appropriate funds for the grant, a written
contract shall be prepared with the nonprofit organization which shall meet all
legal requirements of the County and shall include program, fiscal, and audit
reporting requirements sufficient to allow the director, the legislative auditor, or
council to effectively monitor and evaluate the use of the grant funds. Agencies
shall be notified by the director of their funding or lack thereof by August 31.
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(2) Grants From District Contingency Relief:
(A) Appropriations from the district contingency relief [grants]account shall be
transferred to an accepting County department/agency via resolution identifying
the nonprofit organization and the specific program, project, or event for which
the grant shall be used.
(B) All purchases of equipment for organizations must follow procurement law and
be domiciled in the County departments. Equipment, supplies, and products are
the property of the County.
(C) At any time during the year, the council may, by resolution, direct that a portion
or all of a councilmember's district contingency relief funds be granted for use
by a designated non-profit organization. A contract shall be prepared with the
nonprofit organization which shall meet all legal requirements of the County and
shall include program, fiscal, and audit reporting requirements sufficient to allow
the legislative auditor or council to effectively monitor and evaluate the use of
the grant funds.
(3) Other Grants:
(A) [Grants] Grant awards in excess of $25,000 to nonprofit organizations shall
specifically identify the organization receiving the grant funds and the purpose
for which the grant funds shall be used in an ordinance or resolution.
(B) [Grants] Grant awards in excess of$25,000 to organizations that do not qualify
as nonprofit organizations shall specifically identify the purpose for which the
[grant] funds shall be used in an ordinance or resolution and be subject to
competition in compliance with chapter 103D of the Hawai`i Revised Statutes.
(C) [Grants] Grant awards of $25,000 or less may be authorized by the finance
director for public purpose projects or programs upon written request of a
funding agency or department. Such [grants] grant awards shall not be limited to
nonprofit organizations but shall specifically identify the organization and
program, project or event for which the grant funds shall be used and comply
with the rules and regulations of the director of finance.
(b) In the event that a grantee organization is unable or unwilling to provide the public
service(s) for which [a grant was] grant funds were appropriated, the following procedures
shall apply:
(1) For [grants-in-aid] grant awards authorized as prescribed in 2-139(a)(1), the mayor
may direct the finance director to solicit applications from eligible nonprofit
organizations to fulfill the specific public purpose(s) for which the funds were
originally appropriated for the remainder of the fiscal year. The director shall forward
recommended application(s) and appropriation measure(s) to the council for its
decision. Funds appropriated to a successor nonprofit organization shall not exceed the
balance of unexpended County funds awarded to the original [grantee] nonprofit
organization.
(2) For [grants] grant awards from the district contingency relief, the council may direct
the return of the full appropriation or the balance of unexpended funds.
(3) For other [grants] grant awards as prescribed in section 2-139(a)(3), the finance
director may direct the return of the full grant amount or balance of the unexpended
funds.
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Section 2-140. [' . . . • . • . . • • . • . • • • • • •• • • ] Reserved.
[All purchase of services made to a nonprofit organization by this County shall be made in
accordance with the following procedures:
(1) For purchases of services made pursuant to section 2 139(a)(1):
(A) Annually, before November 30, the director shall, for the purpose of soliciting
applications, publish a notice soliciting applications in two newspapers of
general circulation within the County of Hawai`i by November 30.
(B) All applications for purchase of services shall be submitted to the director on or
before January 31 preceding the County's fiscal year, which begins on July 1.
Applications shall be prepared on forms provided by the director. Applications
not in conformance with the requirements of the County Code may be rejected.
(C) The director shall submit to the council all qualifying applications for its review
and appropriation of funds. Site visitations of nonprofit organizations submitting
complete applications shall be conducted after January 31 but prior to final
action on the operating budget by the council. These site visitations shall be
conducted in a manner that allows flexible councilmember participation and
designated staff support.
(D) Upon favorable action by the council to appropriate funds for the purchase of
the purpose of the purchase of service award which shall meet all legal
requirements of the County and shall include program, fiscal and audit reporting
requirements sufficient to allow the director, the legislative auditor or council to
shall be notified by the director of their funding or lack thereof by July 31.
(2) For purchases of services made pursuant to section 2 139(a)(2):
(A) At any time during the year, pursuant to resolution, the council may direct that a
portion or all of a councilmember's district contingency relief may be used by a
designated nonprofit organization.
(B) A contract shall be prepared with the nonprofit organization for the purpose of
the purchase of service or good which shall meet all legal requirements of the
County and shall include program, fiscal and audit reporting requirements
o ialuate the use of the purchase of service or good.]
Section 2-141. Applicability to noncounty funds; cosponsored activities.
Nothing in this article shall be construed to apply to the appropriation of funds:
(1) Provided to the County for a stated purpose by any person, private entity, or
governmental entity; or
(2) Made to an agency for any activity or program co-sponsored by the agency and a
private or governmental entity or entities.
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Section 2-142. Records, reporting, and fiscal accountability requirements.
(a) The nonprofit organization shall follow generally accepted accounting procedures and
practices and shall maintain books, records, documents, and other evidence which
sufficiently and properly account for the expenditure of County funds. The books, records
and documents shall be subject at all reasonable times to inspection, reviews, or audits by
the County expending agency, the director, and the legislative auditor, or by their
representatives.
(b) The County expending agency, director of finance, or County council may request periodic
written reports on the use of County funds.
(c) [ - - . - . . - - - • - _ - •-- - , •-] The nonprofit organization shall submit
a written report to the [County] council within sixty days after June 30 of the contractual
year and an interim report no later than January 31 of the contract period. The report shall
include, but not be limited to, a detailed description focusing on specific, measurable
outcomes of how the County funds were used, public benefits derived from their use,. and a
breakdown of other funding sources and their expenditures.
[(d) In the case of grants, the nonprofit organization shall submit a final written report to the
County council within sixty days after June 30 of the fiscal year. The report shall include an
accounting statement of all expenditures supported by County of Hawaii grant funds, and a
listing of other funding sources and amounts obtained during the award period.]
(d) In addition to any other remedy provided by law, if the nonprofit organization fails to
submit the written report due within sixty days after June 30 of the contractual year within
the allotted time, the County shall require the nonprofit organization to return all grant funds
awarded and deem the nonprofit ineligible to receive future grant awards for at least the
following fiscal year, and for all subsequent fiscal years until such time as that written report
is submitted to, and accepted by, the council.
(e) Should the final report be deemed by the County to contain insufficient information, the
nonprofit organization shall be notified of the deficiencies and shall provide the additional
information within thirty days of notice or the nonprofit organization will be deemed to be
in violation of this section.
Section 2-142.1. Rules.
(a) The director shall adopt rules as may be necessary to meet the requirements of this article.
(b) All application forms shall include a right to audit clause.
(c) All application forms shall include, "As part of this application, you acknowledge that any
funds awarded will be restricted for the purposes stated in the application except for a
maximum ten percent for administrative and overhead costs."
[Section 2 142.2. •• . . . • . . •• - - . . • , •• .1
• - ..- • -•
of service agreements in two newspapers of general circulation within the County of Hawaii by
December 31, 1995. All applications shall be submitted to the director on or before January 31,
1996. Applications shall be on forms provided by the director. Applications not in conformance
with the requirements of the County Code may be rejected. The remaining procedures set forth in
Sections 2 139 and 2 110 shall be followed.]"
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SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material and stricken material
and underscoring need not be included.
SECTION 3. If any provision of this ordinance, or the application thereof to any person
or circumstance, is held invalid, such invalidity shall 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 declared to be severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
I
•OUNCI EM ER, 'IUNTY OF HAWAI`I
, Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
REFERENtf Gomm. 801.3
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