Much like the song’s warning not to tug on Superman’s cape or spit into the wind, there should be some simple warning for politicians who complain about ethics laws being too tough on them.
For instance, take the case now under examination by the state Ethics Commission.
The commission is reviewing the filings by both legislators and Relativity Media, the entertainment and media company, because there is a discrepancy.
The company, seeking an increased tax credit to help pay for building new movie studios here, spent more than $200,000 lobbying the Legislature. Les Kondo, Ethics Commission executive director who used to be an engineer before he became a lawyer, noticed the firm first reported giving out 35 boxes of DVDs worth $290 but amended it to say only 25 went out and they were worth just $6.30.
Kondo asked lawmakers to help explain what happened and sent them a form to fill out, listing what they got and who gave it to them.
State law says that state employees, including legislators, shall not solicit, accept or receive anything (gifts, travel, money, loans or promises of things) when "it can be reasonably inferred that the gift is intended to influence the legislator of employee in the performance of their official duties … "
Some lawmakers still have not come off the ceiling they hit when they got Kondo’s letter.
"Your letter and insinuations are insulting," wrote one lawmaker, as he filled out his report for Kondo.
"Let me add I believe your overbearing manner is insulting to duly elected legislators. I don’t need you to act as my conscience," the legislator wrote.
Kondo wrote back saying he wasn’t insinuating anything or insulting them by asking for assistance.
In an interview, Kondo, who is a former Public Utilities Commission member, said he understands that everybody enjoys doing business over food and that the local culture encourages the giving of gifts. So the Ethics Commission came up with an only-in-Hawaii ruling that "tangible gifts of Aloha" may be accepted.
That means a flower lei, boxes of candy, cookies, manapua or malasadas meant to share with the office are proper. But, it is not all right to warm up the conversation with "cash, gift cards, computer or electrionic equipment, jewelry, or sports equipment."
Clearly it is up to the lawmakers who got the DVDs to explain where under the state law regarding accepting gifts was taking the DVDs an appropriate action in the first place.
Legislators and lobbyists coming together with steak and lobster dinners with plenty of wine are not unheard of in Honolulu — but, Kondo explains, there really isn’t anywhere in the state law where lobbyist-paid dinners are considered a "gift of Aloha."
"When I was on the PUC, if someone were going to take me out to dinner, a $200 dinner is not going to buy my vote; I would be insulted to have that suggested. But from the reasonable perspective, the guy on the street who is struggling, he is going to look at that and say a $200 dinner is unreasonable," Kondo explained.
For the Ethics Commission, the law is written to be self-policing: Legislators and state employees are supposed to obey it because it is the law.
Already under consideration are changes to the law to allow more leeway for legislators to accept gifts, meals and travel. Voters, however, may not see loose ethics laws as much of a legislative accomplishment next year.
Richard Borreca writes on politics on Sundays, Tuesdays and Fridays. Reach him at rborreca@staradvertiser.com.