Ethics panel votes to issue guidelines on allowances

A conflicted state Ethics Commission voted Wednesday to provide guidance to state lawmakers on the use of their annual legislative allowances, reminding lawmakers that using taxpayer money for personal expenses is prohibited by the state ethics law.

Legislative allowances should be used for expenses that are "reasonably related" to a lawmaker’s official duties, the commission agreed, and not on items such as birthday celebrations, retirement parties, dry cleaning, cough drops, bus passes for session staff, bereavement flowers or gift cards.

The vote was 3-2, however, and some commissioners questioned why the commission would not examine specific complaints of potential misuse instead of releasing broad guidelines subject to interpretation.

State Senate President Donna Mercado Kim (D, Kalihi Valley-Moanalua-Halawa) and House Speaker Joseph Souki (D, Waihee-Waiehu-Wailuku) have told the commission that it is the responsibility of the Legislature, and not the commission, to police legislative allowances, which are about $12,000 a year for each lawmaker and are authorized by the state Constitution.

Despite these concerns, Kim said Wednesday that she would ask Senate leaders to look at the Ethics Commission’s guidance and recommend whether any policy changes should be made.

"I look at it as helping us to look at things from their point of view, and we’ll review it," she said. "I think there are many good suggestions."

Souki, in a letter to the commission Wednesday, said the House would consider all relevant recommendations on the allowance.

Leslie Kondo, the Ethics Commission’s executive director, has argued that the commission does have responsibility over the legislative allowance. The fair treatment section of the ethics law prohibits lawmakers and state employees from using their official positions to secure or grant unwarranted privileges for themselves or others.

In 1993, the commission issued an advisory opinion to a state senator, who had resigned, that computer equipment and books he had purchased with his legislative allowance were state property and could not be converted to personal use without violating the fair treatment portion of the law.

"And that’s the big deal here. It’s not salary. It’s public money," Kondo said. "It needs to be used for a public purpose."

The Ethics Commission’s review originated from complaints from lawmakers that some colleagues might be using legislative allowances improperly. Kondo said the intent was not to go after past practices, but to offer lawmakers "high-level guidance" for the future.

Leolani Abdul, the commission’s chairwoman, said she hopes the guidance will be helpful to lawmakers when categorizing expenses.

"For instance, if I were a legislator, when I go to fill out my form for reimbursement, maybe I’ll think twice about how I fill that out," she said.

Commissioner David O’Neal expressed concern that the commission was making assumptions with a "broad brush" without hearing the justification lawmakers had for the expenses.

"Should they start sending their receipts to us?" he asked.

Abdul and commissioners Edward Broglio and Susan DeGuzman voted to issue the guidance to lawmakers. O’Neal and commissioner Ruth Tschumy voted against the move.