The Honolulu Ethics Commission has invited the public to weigh in on the issue of whether to adopt a “zero tolerance” prohibition on the solicitation or acceptance of gifts by city officials and employees. The matter has been scheduled for discussion at the commission’s regularly scheduled meeting next Wednesday, November 13, 2019, at 11:30 a.m.

Here is the question the commission will consider:

Should the Gift Guidelines Be Amended to Prohibit City Officers and Employees from Accepting Gifts from Persons Doing Business with Their City Agency, Regardless of the Value of the Gift

From a letter accompanying the agenda for Wednesday’s meeting.

Currently, the Commission’s Guidelines on Gifts, Revised April21, 2004 (“Guidelines”), allow city officers and employees, except for law enforcement (e.g., sworn Honolulu Police Department officers, all inspectors, all investigators, etc.), to “accept small tokens of aloha, such as a lei or food to be shared with co-workers, especially during the holiday season.” The reasoning behind this policy is that no reasonable person would believe that a city employee would be influenced by a token of aloha.

The Guidelines provide no specific dollar value limitation for tokens of aloha, although a “gift of relatively small value” is limited to $50. Guidelines Sec. ll.A.2. As a matter of practice, the Commission has taken a conservative approach and advised that tokens of aloha should not be greater than $25 in value in order to avoid the appearance of impropriety.

The Commission is considering whether the Guidelines should be updated to advise a zero-tolerance policy for tokens of aloha; that is, no gifts of any value from anyone doing business with the employee’s city agency. Those “doing business with the city agency” may include vendors, contractors, customers, and lobbyists, among others.

Gift laws from similar municipal, state, and federal jurisdictions prohibit gifts from certain sources such as those referenced above, but also provide for exceptions to the prohibition for small tokens of appreciation ranging in dollar value from $10—$50.

The Commission may consider several options:

1. Keep the Guidelines as is, with no dollar value limit on tokens of aloha.
2. Amend the Guidelines to include a $10—$50 value limit on tokens of aloha.
3. Amend the Guidelines to adopt a zero-tolerance policy and prohibit tokens
of aloha from anyone doing business with the employees’ city agency.

Oral testimony may be offered in person at the meeting. Those planning to testify are asked to register in advance indicating name, phone number and the agenda item you wish to testify on. This can be submitted by (ethics@honolulu.gov) or by calling the commission office at (808) 768-9242.

Written testimony can be submitted prior to the day of the meeting by emailing it to ethics@honolulu.gov.

I’ll be adding a separate post with thoughts on the issue of gifts.