The association set up under Bills 63 and 64 is mandated to be a 501(c)(3) charitable organization with the mayor and councilmember of the district as voting members of the board.  (The director of BFS is also a voting member.)  As board members, they have a fiduciary duty to the organization, which may conflict with their fiduciary duties to residents and taxpayers of Oahu.

For example, the organization may apply for city grants.  The mayor appoints people to the grants-in-aid advisory commission, and council selects the awardees.  While requiring the mayor and councilmember to be voting members may meet the letter of the law, it is not good policy.

A better option would have been to set up a 501(c)(4) organization or make these members nonvoting.