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	<title>i L i n d . n e t &#187; Politics</title>
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	<description>Ian Lind • Online daily from Kaaawa, Hawaii</description>
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		<title>House JUD rejects lifting gift restrictions, commission flags other ethics bills</title>
		<link>http://ilind.net/2012/02/10/house-jud-rejects-lifting-gift-restrictions-commission-flags-other-ethics-bills/</link>
		<comments>http://ilind.net/2012/02/10/house-jud-rejects-lifting-gift-restrictions-commission-flags-other-ethics-bills/#comments</comments>
		<pubDate>Fri, 10 Feb 2012 18:42:00 +0000</pubDate>
		<dc:creator>Ian Lind</dc:creator>
				<category><![CDATA[Ethics]]></category>
		<category><![CDATA[Legislature]]></category>
		<category><![CDATA[Politics]]></category>

		<guid isPermaLink="false">http://ilind.net/?p=8844</guid>
		<description><![CDATA[The House Judiciary Committee yesterday deferred action on HB2457, which would have removed restrictions on solicitation or receipt of gifts from charitable organizations, effectively killing the measure for the time being. It isn&#8217;t known whether the Senate will try to move its companion bill, SB2719. But the Ethics Commission has noted a number of other [...]]]></description>
			<content:encoded><![CDATA[<p>The House Judiciary Committee yesterday deferred action on <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=2457">HB2457</a>, which would have removed restrictions on solicitation or receipt of gifts from charitable organizations, effectively killing the measure for the time being. It isn&#8217;t known whether the Senate will try to move its companion bill, <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2719">SB2719</a>.</p>
<p>But the Ethics Commission has noted a number of other ethics-related bills. Here&#8217;s their list, which appears on the agenda for their upcoming meeting.</p>
<blockquote><p>. 	<a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=2002">H.B. No. 2002</a>, Making Appropriations to Provide for the Expenses of the Legislature, the Auditor, the Legislative Reference Bureau, the Ombudsman, and the Ethics Commission.</p>
<p>ii. 	Bills Introduced by the Hawaii State Ethics Commission: <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=250">H.B. No. 250</a> and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=992">S.B. No. 992</a>, Relating to the Employment of Attorneys; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=251">H.B. No. 251</a> and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=993">S.B. No. 993</a>, Relating to Mandatory Ethics Training; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=252">H.B. No. 252</a> and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=994">S.B. No. 994</a>, Relating to Nepotism; and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=253">H.B. No. 253</a> and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=995">S.B. No. 995</a>, Relating to Violations of the Lobbyists Law.</p>
<p>iii. 	Bills Exempting Task Forces from the State Ethics Code: <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=1864">H.B. No. 1864</a> and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2183">S.B. No. 2183</a>, Relating to the State Ethics Code; H.B. No. 2175, Relating to Ethics; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=2455">H.B. No. 2455</a> and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2717">S.B. No. 2717</a>, Relating to State Code of Ethics; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2240">S.B. No. 2240</a>, Relating to the State Code of Ethics.</p>
<p>iv. 	Bills Amending the Gifts Law: <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2680">S.B. No. 2680</a>, Relating to Standards of Conduct; H.B. No. 2457 and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2719">S.B. No. 2719</a>, Relating to Limited Exemption Under State Ethics Code Regarding Charitable Events; S.B. No. 671, Relating to Ethics.</p>
<p>v. 	Bills Amending the Financial Disclosure Law: H.B. No. 2263 and <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2548">S.B. No. 2548</a>, Relating to the Code of Ethics; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2555">S.B. No. 2555</a>, Relating to Financial Disclosures; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2559">S.B. No. 2559</a>, Relating to Public Disclosure of Financial Interests Statements; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2562">S.B. No. 2562</a> Relating to the Ethics Code.</p>
<p>vi. 	Other Bills of Interest: <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2558">S.B. No. 2558</a>, Relating to Standards of Conduct; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2684">S.B. No. 2684</a>, Relating to Lobbyists; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2954">S.B. No. 2954</a>, Relating to Ethics; H.B. No. 1730, Relating to the Land Use Commission; <a href="http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2115">S.B. No. 2115</a> and H.B. No. 2010, Relating to Charter Schools.
</p></blockquote>
<p>I haven&#8217;t had a chance to check each of those bills, but any comments would be appreciated.</p>
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		<title>Don&#8217;t gut ethics law under the guise of charity</title>
		<link>http://ilind.net/2012/02/09/dont-gut-ethics-law-under-the-guise-of-charity/</link>
		<comments>http://ilind.net/2012/02/09/dont-gut-ethics-law-under-the-guise-of-charity/#comments</comments>
		<pubDate>Thu, 09 Feb 2012 18:15:42 +0000</pubDate>
		<dc:creator>Ian Lind</dc:creator>
				<category><![CDATA[Ethics]]></category>
		<category><![CDATA[lobbyists]]></category>
		<category><![CDATA[Politics]]></category>

		<guid isPermaLink="false">http://ilind.net/?p=8829</guid>
		<description><![CDATA[The House Judiciary Committee is scheduled to decide later today whether to gut the heart of the state&#8217;s ethics law by allowing charitable organizations to legally &#8220;bribe&#8221; lawmakers or other state employees by giving unlimited gifts of tickets to gala fundraisers or &#8220;educational&#8221; events. HB2457 is on the committee&#8217;s 2 p.m. agenda for decision making. [...]]]></description>
			<content:encoded><![CDATA[<p>The House Judiciary Committee is scheduled to decide later today whether to gut the heart of the state&#8217;s ethics law by allowing charitable organizations to legally &#8220;bribe&#8221; lawmakers or other state employees by giving unlimited gifts of tickets to gala fundraisers or &#8220;educational&#8221; events. </p>
<p><a href="http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=2457"> HB2457</a> is on the committee&#8217;s 2 p.m. agenda for decision making.</p>
<p>The bill would would open the door to legal bribery by allowing gifts of unlimited value to be solicited or accepted by state employees and elected officials even if it is obvious &#8220;the gift is intended to influence the legislator or employee in the performance of the legislator&#8217;s or employee&#8217;s official duties or is intended as a reward for any official action on the legislator&#8217;s or employee&#8217;s part.&#8221;</p>
<p>It&#8217;s important to keep in mind that the freebies aren&#8217;t limited to legislators or to elected officials. All employees would get to vie for those rewards for official action they take. Trying to block an investigation of your business?  Give the department head a couple of tickets to a benefit concert, and throw in a couple more for friends. Simple.</p>
<p>That, to put it bluntly, is an effective repeal of this important part of government ethics.</p>
<p>The issue was first raised by attorney-lobbyist Bill Kaneko last year after lawmakers were advised not to accept tickets to a fundraiser sponsored by the Hawaii Institute for Public Affairs. Kaneko is the CEO of the group, chair of <a href="https://nc.csc.hawaii.gov/CFSPublic/ORG_Report.php?OR_ID=10529">Governor Abercrombie&#8217;s campaign committee</a>, and a key insider in the administration. </p>
<p>This year, Kaneko&#8217;s interest put the matter on Governor Abercrombie&#8217;s agenda, with the result that<a href="http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&#038;billnumber=2457"> HB2457</a>, and a Senate companion bill (<a href="http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&#038;billnumber=2719">SB2719</a>) are part of the governor&#8217;s legislative package.</p>
<p>Both bills have single referrals, meaning that there are fewer points where public input can effectively block their passage.</p>
<p>I have to admit that I&#8217;m not an absolutist on the issue of inviting legislators to charitable events. When I served as executive director of Common Cause/Hawaii back in the 1980s, we routinely invited legislators who we felt shared our values to attend our modest fundraisers. </p>
<p>But I fear Kaneko harkens back to the good old days of the 1990s when he was <a href="http://articles.latimes.com/1996-12-29/news/mn-13673_1_white-house-official">director of Asian Pacific outreach for the Democratic National Committee</a>, and rubbing shoulders with lobbyists and other power brokers at charity events was part of the political routine. Of course, that was a period that ended in scandal and prosecutions for illegal fundraising activities. </p>
<p>So how do we sort things out? I don&#8217;t agree with the assessment of <a href="http://www.civilbeat.com/articles/2012/02/08/14812-leaders-or-freeloaders/">John Temple, over at Civil Beat</a>, who says any gifts of this kind would be too many.</p>
<p>On the other hand, the League of Women Voters pointed to an excellent article describing the lessons learned by convicted felon and former big league lobbyist, Jack Abramoff (&#8220;<a href="http://ncsl.typepad.com/the_thicket/2012/01/to-my-great-shame.html">To my great shame</a>&#8220;).</p>
<blockquote><p>Abramoff had lots to say about how lobbyists work and the traps for public officials.  Legislators may be doing things that are not illegal, but are wrong, he said.  Legal lines are drawn, but these lines are not always “right.” Abramoff explained what he sees as a corrupt system. “No lawmaker believes he or she can be bought.” But government is composed of “ordinary, decent people who slowly accommodate themselves to a system that is rife with moral predicaments,” he said.  Lobbyists build relationships and gifts from them make a person feel good, he warned.  “Always be five steps ahead.”</p></blockquote>
<p>So can HB2457 be whittled down to something acceptable? Possibly, in my view. </p>
<p>Here&#8217;s what I would do.<br />
<blockquote>
<p>• Leave Section 84-11(a) intact, including the ban on soliciting or accepting gifts &#8220;under circumstances in which it can reasonably be inferred that the gift is intended to influence the legislator or employee in the performance of the legislator&#8217;s or employee&#8217;s official duties or is intended as a reward for any official action on the legislator&#8217;s or employee&#8217;s part.&#8221;</p>
<p>The ethics commission already has criteria for weighing whether invitations to events are acceptable, including whether the primary benefit is to the state (as in many educational programs) rather than the individual. Let the commission do its job.</p>
<p>• Within those constraints, permit charitable groups to invite elected officials&#8211;not all state employees&#8211;to their own fundraising events, so long as those invitations do not include multi-day events, travel or lodging, and the value is not unreasonably high. We can quibble over what is &#8220;unreasonable,&#8221; but certainly an agreement can be reached. And I don&#8217;t think the current $25 limit is reasonable. It&#8217;s one thing to attend a fundraiser downtown for the Hawaii Food Bank, it&#8217;s something quite different to accept a weekend at a neighbor island or mainland resort for an &#8220;informational workshop&#8221; under a charitable cover. If language can&#8217;t be crafted to distinguish the two, then it just won&#8217;t work.</p>
<p>• Require prompt reporting, similar to the notices of fundraisers required by the Campaign Spending Commission, whenever the charitable organization extending the invitation employs lobbyists or competes for government grants or contracts. These gifts should be disclosed prior to the date of the event, and disclosure should include the basic who, what, when, where, as well as both the face value of tickets as well as the actual cost to the donor organization.</p>
</blockquote>
<p>I think that&#8217;s at least a place to start talking. Isn&#8217;t that what the legislative process is for?</p>
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		<title>A handful of legislators lead by example on financial disclosures</title>
		<link>http://ilind.net/2012/02/08/a-handful-of-legislators-lead-by-example-on-financial-disclosures/</link>
		<comments>http://ilind.net/2012/02/08/a-handful-of-legislators-lead-by-example-on-financial-disclosures/#comments</comments>
		<pubDate>Wed, 08 Feb 2012 18:53:46 +0000</pubDate>
		<dc:creator>Ian Lind</dc:creator>
				<category><![CDATA[Ethics]]></category>
		<category><![CDATA[Politics]]></category>

		<guid isPermaLink="false">http://ilind.net/?p=8826</guid>
		<description><![CDATA[Here we are again, three weeks into the legislative session, and the latest personal financial disclosures of our legislators aren&#8217;t due at the State Ethics Commission until May 31, nearly a month after the session is scheduled to end. This allows legislators, and other elected officials, to simply delay their annual filing until the deadline [...]]]></description>
			<content:encoded><![CDATA[<p>Here we are again, three weeks into the legislative session, and the latest personal financial disclosures of our legislators aren&#8217;t due at the State Ethics Commission until May 31, nearly a month after the session is scheduled to end.</p>
<p>This allows legislators, and other elected officials, to simply delay their annual filing until the deadline and effectively conceal their current interests from public view. Perfectly legal. Less than satisfactory for the public. </p>
<p>If you&#8217;re concerned about potential conflicts of interest&#8211;or just want to be reassured that your own elected officials don&#8217;t have financial interests that are likely to sway their judgement&#8211;all the year&#8217;s legislative action will be over before you have a chance to check the record.</p>
<p>Senator Les Ihara introduced a bill last year (along with Sen. Slom) to remedy the situation by moving the disclosure deadline up to the end of January, but the bill was quickly amended to eliminate the original purpose.</p>
<p>Luckily, though, not all legislators hide behind the late filing deadline. </p>
<p><a href="http://hawaii.gov/ethics/findisc/legs/sen/tsutsuis/tsutsuis12.pdf">Senate President Shan Tsutsui</a> was the only member of the Senate whose personal financial disclosure was filed and available online this morning.</p>
<p>Over in the House, six members have current disclosure statements filed and available online:</p>
<blockquote><p><a href="http://hawaii.gov/ethics/findisc/legs/reps/belattid">Della Au Belatti</a></p>
<p><a href="http://hawaii.gov/ethics/findisc/legs/reps/cabanillar">Rida Cabanilla</a></p>
<p><a href="http://hawaii.gov/ethics/findisc/legs/reps/keith-agarang">Gil Keith-Agaran</a></p>
<p><a href="http://hawaii.gov/ethics/findisc/legs/reps/leem">Marilyn Lee</a></p>
<p><a href="http://hawaii.gov/ethics/findisc/legs/reps/lukes">Sylvia Luke</a></p>
<p><a href="http://hawaii.gov/ethics/findisc/legs/reps/takaik">Mark Takai</a></p></blockquote>
<p>Bravo to this select group for leading by example.</p>
<p>Meanwhile, the reports filed by Tsutsui and Takai illustrate another problem with the current disclosure guidelines. Both report substantial income from their insurance businesses (Tsutsui, $50,000-$100,000; Takai, $75,000-$150,000). Not bad for part-time work. The current ethics law does not require disclosure of individual clients, even if those clients include lobbyists or others with special interests. I&#8217;m not saying that either Tsutsui or Takai benefits from such arrangements, but we shouldn&#8217;t have to guess about such things. It&#8217;s just one other area in which the ethics law needs tightening up!</p>
<p>Oh, in case you&#8217;re wondering, neither Gov. Abercrombie nor Lt. Gov. Schatz have filed their disclosures as of today. <a href="http://hawaii.gov/ethics/findisc/electoff/oha/waiheej/waiheej12.pdf">John D. Waihee IV</a> is the only one of the <a href="http://hawaii.gov/ethics/findisc/electoff/oha">trustees of the Office of Hawaiian Affairs</a> to already have filed. None of the appointed members of the <a href="http://hawaii.gov/ethics/findisc/appoff/boe">Board of Education</a> have filed their latest disclosures.</p>
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