Financial information that’s disclosed about people involved in government decision-making becomes far more useful when it is open to the public than when it’s filed away where only the staff in a single office can get to it.
That was the thinking behind Senate Bill 2682, which would make public financial disclosure forms from members of 15 additional state boards and commissions. These are disclosures filed with the state Ethics Commission, but the commission has kept them confidential up to this point.
Les Kondo, the Ethics Commission’s executive director, rightly observed that public access to the records is needed to keep track of financial ties held by members of these boards. The measure received the overwhelming approval of the Legislature and now awaits Gov. Neil Abercrombie’s decision before becoming law. The governor should sign the bill, signaling his support of government that is more transparent about potential conflicts of interest and accountable for its actions.
Boards and commissions are part of government that is charged with actions and policies that affect public welfare and assets. So taxpayers have a right to know something about the people who are steering the ship of state.
The public-records requirement already affects a wide range of state executives department heads and administrators, as well as candidates for public office. In addition, members of the state Board of Education and the Office of Hawaiian Affairs Board of Trustees are included.
Under SB 2682, the University of Hawaii Board of Regents joins the list, as well as the Ethics Commission itself. Others include the Public Utilities Commission, the Hawaii Community Development Authority, the Hawaiian Homes Commission, the board of the Hawaii Housing Finance and Development Corp., the Board of Land and Natural Resources and the Land Use Commission. If the bill is enacted, lawmakers should consider adding back two that were eliminated from an earlier draft of the bill: the Hawaii Labor Relations Board and the state Labor Appeals Board.
These all are panels that oversee planning and, in some cases, issuing of permits for projects and developments that can result in lucrative contracts for companies throughout the state. It’s therefore imperative that any financial ties between a decision-maker and a beneficiary of decisions be a matter of public record.
Under the "conflicts of interest" section of the state Code of Ethics, state employees — including these board members — cannot take any official action directly affecting "a business or other undertaking in which the employee has a substantial financial interest" or any private activity in which they are hired as legal counsel, consultant or any kind of agent.
The disclosure form enables the collection of data to make conflicts plain, such as employers or sources of income, significant business ownership interests, creditors, fiduciary offices or trusteeships, real estate holdings and transactions (except personal residences), clients represented before state agencies.
The more sensitive private data (contact information, family members’ names) are not posted publicly, Kondo said, adding that filers have an option to post salaries and values using ranges rather than exact amounts.
Some objections to this requirement — including one from UH Regent John Dean, who has said he would resign if it is enacted — already have emerged, and likely more will follow. Some worry the availability of this information will compromise their privacy.
That is undoubtedly a sacrifice those in public service are asked to make. However, even if it dissuades some from volunteering for public boards, the interest of improving public trust in government must be the paramount concern.