The state Legislature appointed a Commission to Improve Standards of Conduct relating to state governance on Feb. 17, just two days after former state Rep. Ty Cullen and former state Senate Majority Leader J. Kalani English pleaded guilty to federal charges of accepting bribes, including cash, Las Vegas hotel rooms and casino chips, in exchange for influencing legislation related to wastewater policy.
The scandal only reinforced public opinion that officials swim in a polluted pay-to-play canal, spurring legislators to embrace reform — or at least appear to. And on a tight turnaround, the commission delivered its first set of recommendations on March 31, in an interim report Opens in a new tab that keeps the pressure on against shady dealings.
“Our citizens deserve better — honest government on the state and county level,” the commission states, and we agree wholeheartedly.
Hawaii also needs action that goes beyond these interim recommendations to effect real change and build confidence in our public officials. Laws with teeth, including criminal penalties where appropriate, are needed to enforce transparency in electioneering, fundraising and lobbying, and expose influence-peddling.
Additional reforms will be detailed in the commission’s final report, due in December, and will require follow-up. These include disclosure of the person or interest that prevails on a legislator to introduce a bill “by request,” a technique that obscures influence-
peddling; and baseline budgeting for the Ethics Commission, Campaign Spending Commission, and state auditor and ombudsman offices, protecting our good-government watchdogs from budgetary blackmail.
Many of the commission’s sound initial recommendations can be enacted during the current legislative session. Among those we support:
>> Senate Bill 2930 calls for creation and funding of a Special Investigation and Prosecution Unit as part of the state Attorney General’s Office. It stalled in committee, but House Speaker Scott Saiki told the Star-Advertiser that funding for a unit can be revived during the budget process. It’s crucial to build up our state’s role in rooting out official corruption, fraud and white-collar crime; Saiki and his fellow legislators should fund and demand results from a unit trained to do so, sharing resources with counties.
>> SB 555 prohibits fundraisers by state or county legislators during legislative sessions. Fundraising during session undermines public confidence in our representatives, creating the impression of “pay to play.” It needs to go.
>> SB 665 gives the Campaign Spending Commission authority to refer complaints to the state or counties for criminal prosecution, on top of fines, and makes providing certain false information about campaign ads a felony offense. This adds teeth to campaign-spending regulation.
>> House Bill 1475 requires all state employees to complete ethics training, within 90 days of employment and at least once every four years. It’s an important start to ensure that all are clear on what’s acceptable — and not.
>> SB 3252 caps or waives charges for making copies of certain government records. This is an essential piece of providing public access to government workings for news organizations and others in watchdog roles.
>> HB 2069 requires public officials to report ceremonial or symbolic “protocol gifts” and turn them over to the state, so that this exception to a prohibition on gifts can’t be exploited.
The Standards of Conduct Commission is encouraging public input as it works toward its final report in December. If you are concerned about the ethical behavior, transparency or accountability of state lawmaking and governance, participate. And take note of how legislators vote on current bills, in advance of the November elections.
