An opening at the helm of the state Ethics Commission likely will be left today, with the nomination of current commission Executive Director Les Kondo to head the state Office of the Auditor.
This is a void that should be filled promptly, given the importance of that position to the oversight of government employees and their compliance with the state Ethics Code.
Kondo’s appointment to state auditor is among those up for a confirmation vote in a midday joint session of the Legislature. The nomination should be approved, given his qualifications and record of appropriately tough probes into the practices of state employees.
Kondo, an attorney, came to the ethics post after serving as a member of the Public Utilities Commission and as director of the Office of Information Practices. His experience with those agencies, which wrestle with various facets of government accountability and oversight, prepares him for the wide-ranging inquiries that are the bailiwick of the auditor.
Kondo’s aggressive approach to the ethics job has made him a target of criticism from lawmakers, including House Speaker Joe Souki. A year ago the speaker wrote to the commissioners, who were in the midst of evaluating Kondo’s job performance.
Souki complained that Kondo has been “rewriting the Ethics Code” by weighing in against practices once deemed acceptable. These included raising questions about the ethics of holding fundraising events at the Legislature and other state venues, and of receiving gifts and meals.
There was clearly strain between Kondo and state Department of Education officials as well, when he found fault with the way teachers arranged off-island class trips, asserting that some were acting as de facto agents for a private vendor and accepting free travel in the deal.
He ruffled feathers quite a bit, and even some on the commission itself cringed; although the panel ultimately voted to retain him, a lowered evaluation rating was the result.
Kondo has declined comment pending today’s confirmation vote, but it’s easy to see why the job offer, which came through the office of Senate President Ron Kouchi, was attractive to him. The state auditor, who serves at the pleasure of the Legislature, is a high-profile po sition, and the person who holds it can have great impact on public policy.
And seems plain why some lawmakers would be breathing a sigh of relief to see someone with his hard-line inclinations take a job where his sights would be turned away from the state Capitol. Souki asserted that his battles with Kondo are “all in the past,” but he pointedly observed that the auditor focuses on the administration rather than the Legislature.
Aside from issuing its requests for audits of state agencies, the Legislature must keep a hands-off approach to the Office of the Auditor, ensuring that the agency retains its independence from political pressure.
Under Kondo’s longtime predecessor, Marion Higa, the agency became known for its thorough inquiries, which have continued under her deputy, Jan Yamane, serving as acting state auditor. It’s uncertain whether Yamane will remain — the deputy is chosen by the state auditor — but the office has maintained its reputation for the past 2-1/2 years since Higa’s retirement.
The job of the ethics chief has a narrower scope, but having someone committed to a dispassionate inquiry into the possible ethics violations is essential to good government.
The commission met Thursday and is ramping up to find Kondo’s replacement.
The need for a successor did not arise until it was too late to add it to the agenda for this week’s meeting.
The panel could take it up at its May meeting. So it’s encouraging that the commission set a meeting for Thursday to begin discussing the process. Assuming Kondo is confirmed, the vacancy should be filled promptly.
State government in Hawaii has struggled through the years to improve efficiency and best practices.
The state auditor and the ethics director are advocates for the public interest, attacking the good-
government mission in different ways. Both are crucial. Getting independent thinkers assigned to those posts should be a priority for lawmakers and the Ethics Commission.
