Legislative ethics need tightening

The state Ethics Commission is fulfilling a key part of its oversight duty with its recent vote — albeit a narrow decision, 3-2 — to issue guidance on the way lawmakers spend their annual allowances, which amount to about $12,000 for each of the 76 legislators.

Judging by the range of items that appeared on the ledger for the period under study, 2012 through October 2013, some guidance is clearly in order.

The State Ethics Code applies to all employees and appointed and elected officials of the state, but there are limited exceptions for lawmakers. The one pertinent to this case relates to the law that prohibits legislators and employees from using their positions "to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others."

The exemption to this fair-treatment law is for legislators while performing their official duties. This means that putting certain activities or purchases on the official expense account is fine, if it’s part of their job as opposed to a personal matter that would constitute one of those banned "unwarranted privileges."

The problem seems to be in defining where to draw that line, which is why the advisory to lawmakers is not only authorized by law but useful.

The report from the commission staff, headed by Executive Director Les Kondo, cites letters from Senate President Donna Mercado Kim and House Speaker Joseph Souki who both said the allowance is established by the State Constitution and that monitoring its use falls under the sole discretion of the Legislature.

The commission report rightly took issue with this interpretation.

"Simply because the State Constitution provides for the establishment of the allowance, the admin- istration of that allowance is not beyond the reach of the State Ethics Code," the report states.

The staff reviewed policies of other government agencies in regulating their official expense accounts, and the new recommen- dations seem in keeping with common practices (the complete report can be downloaded from ethics.hawaii.gov/main/ legallowance):

» Office-related expenses.

» Purchase of protocol and ceremonial lei and gifts for persons being honored by the Legislature;

» Reasonable food and beverage expenses, as well as room and facility charges, for community meetings and functions aimed at communicating with the public about legislation and community concerns.

» Parking, mileage and car rentals when the expenditure reasonably relates to a legislator’s official duties — excluding regular commuting costs.

» Organization meeting fees, conference and registration fees reasonably related to official duties;

» Travel costs that are not reimbursed by another source.

» Membership dues and fees to organizations whose focus involves state legislatures and governance.

Some lawmakers’ spending has been questionable, according to the report, including personal items such as dry-cleaning expenses, monthly parking and commuting costs, purchases of gifts for staff and charity donations. The commission maintains that these are personal expenses, and we agree.

Both Kim and Souki last week indicated willingness to review the guidance and consider making policy changes of their own. That’s the first step, but they need to take it seriously before the next legislative session.

The allowance is funded by taxpayers, who evidently need an advocate in their corner. Now that the commission has gone to bat for them, lawmakers should do the same.