Conflict-of-interest clause doesn’t apply to legislators

Question: How is it that elected state politicians are allowed to practice nepotism in the workplace? Legislators continue to have relatives on their payroll.

Answer: Although there is a conflict-of-interest provision in the state ethics law that would prevent employees from hiring a spouse or dependent child, it does not apply to elected legislators.

"There is no nepotism law per se," said Les Kondo, executive director of the Hawaii Ethics Commission.

A bill was introduced during last year’s legislative session to prohibit legislators and public employees from advocating for, appointing, employing, promoting, supervising, or advancing any relative to public office or employment.

However, the bill died early in the session because of concerns raised that it was too broad in scope on one hand and not broad enough in defining relationships that would fall under nepotism on the other hand.

The Hawaii Ethics Commission also has sought restrictions on lawmakers.

"During my tenure, beginning in 2011, we’ve introduced bills every session that would establish anti-nepotism provisions," with similar results, Kondo said.

The state does have a conflict-of-interest provision in ethics laws that applies to "employees," but not to lawmakers, who are "defined as legislators and not employees," he said.

That provision prohibits the general state employee population from hiring a spouse or dependent child.

 "For an employee like me, I couldn’t hire my wife to work in my office or supervise my wife or evaluate my wife or dependent child," Kondo said. 

The hiring of other relatives would fall under the "Fair Treatment Law," which Kondo characterized as "very, very general and somewhat vague."

That law prohibits an employee from misusing his or her position to give someone else an unfair advantage or unfair privilege.

"That’s a provision that we would apply to the hiring of other relatives other than a spouse and child," Kondo said. "The challenge, though, is the conflict law is black and white: you cannot (hire a spouse or child). We don’t have to look if your spouse was given unfair advantage or not. You just cannot hire your spouse."

The Fair Treatment provision is much more ambiguous, he said, "because now we have to exam whether or not your sister or your brother-in-law or your father (were given) preferential treatment" in their hiring.

As for getting anti-nepotism provision into state law this legislative session, Kondo says his office will try again, "but I wouldn’t hold my breath" that it will actually happen.

Question: I was at a gas station where the pump malfunctioned and overflowed because the auto shut-off trigger did not work. I reported it, but one employee said it is not supposed to shut off automatically and another said they have had problems with that pump. The manager was more concerned about not paying for the spilled gas; no effort was made to clean up the spill. Whom should I report this to to prevent a serious accident, like a fire or explosion, and possible death?

Answer: You should report a situation like this immediately to the state Department of Agriculture’s Measurement Standards Branch "because it is a serious hazard," said spokeswoman Janelle Saneishi.

Call the branch at 832-0690.

"Our inspectors check the pumps for accuracy and also that the pumps are in good working order," Saneishi said.

She also said that "auto shut-off mechanisms" are required on the gas pump nozzle.

And as we’ve explained previously, you’re not supposed to prop the nozzle open with anything that would block the auto shut-off mechanism from working. See bit.ly/1ujxF4k.

Mahalo

To a nice and friendly gentleman. I was standing in line at Safeway Kapahulu, feeling a little down and harried, when he told the cashier that he was also paying for my groceries. I felt blessed driving home. Thank you for brightening my day. — Very Grateful

Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu, HI 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.