A state inspector will pay a $25,000 penalty for soliciting and conducting business as a real estate agent while on the job inspecting adult residential care homes, thereby violating the Ethics Code.
Roel Salanga, a nurse consultant for the Health Department’s Office of Health Care Assurance, visited care homes to inspect for violations of licensing laws. He used the opportunity to find clients and represented one care home operator in buying a house, earning a nearly $10,000 commission.
In a “resolution of charge” with the State Ethics Commission, Salanga admitted violating the Fair Treatment Law as well as the Conflict of Interest Law and was assessed the $25,000 “administrative penalty.” He cooperated with the investigation and agreed to the resolution, which was posted Friday on the commission’s website, ethics.hawaii.gov.
“State inspectors must be sensitive to the power they have over persons and businesses they inspect,” the Ethics Commission wrote. “State regulators may not solicit private employment from, or otherwise attempt to engage in private financial transactions or business arrangements with those whom they regulate. Such solicitations by a state employee are inherently coercive and amount to a misuse of the employee’s official position.”
During an on-site inspection. Salanga had given the care home operator his private real estate business card and she agreed to have him represent her in a property purchase. He communicated with her about the transaction during state working hours at the same time that he was finding deficiencies at her residential care home that required correction.
The sale of the property closed on March 1, 2019, and earned the real estate firm he worked for a $22,750 commission, of which $9,947 was his personal commission. He remained the inspector assigned to her care home until September 2019.
The Fair Treatment Law prohibits state employees from using their government jobs “to obtain unwarranted privileges, advantages, or benefits for the employee or others.” The Conflict of Interest Law bars employees from taking official action that affects a business in which they have a financial interest.
Salanga admitted that he used his official position as a state inspector to obtain advantages for himself and the real estate company; used his state position to seek private employment from two care home operators; used state time for private business purposes; and solicited or engaged in substantial financial transactions with two care home operators.
In addition to the monetary penalty, the commission referred the matter to the Department of Health “for further disciplinary action as appropriate.” The document is available at ethics.hawaii.gov.