Chun Oakland in danger of falling over ethics cliff

It is one of the big annual festivals for kids in Honolulu: the Hawaii Children and Youth Day.

Held the first Sunday in October on the state Capitol grounds, the event draws between 40,000 and 50,000.

The kids are lured with promises of free “goodie bags,” dozens of healthy activities and the chance to blow off some pent-up energy in a safe atmosphere.

It appears to be a free, state-run program connecting both keiki and government and the family.

What’s not to like about that?

According to the state Ethics Commission, plenty. Mostly because Hawaii Children and Youth Day is not a state-sponsored event.

For half a decade, according to last week’s television news reports, the state Ethics Commission has been telling state Sen. Suzanne Chun Oakland, the organizer of the event, that much of her event doesn’t square with the state laws.

If you have ever tried to garden in Hawaii, you know that planting one banana tree sounds like a good idea, but without creating a lot of boundaries, one banana can multiply into a soaring forest of ranging banana trees. The same with Chun Oakland’s Children and Youth Day — it evolved from the use of a few Capitol committee rooms into a huge effort involving much of the Senate’s publicly paid staff.

State laws forbids legislators from using their office, the state seal and their legislative authority to give private activities “unwarranted advantage” or to support or coordinate private activities.

For years, legislative leaders have been privately uncomfortable with Chun Oakland’s operation because it is not an officially sanctioned state event, but it consumes state resources and staff time.

Chun Oakland even puts her state office telephone on the Children and Youth Day webpage, meaning her staff is answering questions about the event.

The 54-year-old Democrat represents the Senate district from Iwilei to Pauoa and has been in either state House or Senate since 1990.

During those 25 years, Chun Oakland has been a steadfast and knowledgeable friend of Hawaii’s poor and downtrodden. She is an akamai, persuasive lobbyist for social programs to help the needy, and the Children and Youth Day is one of her big annual causes.

So lawmakers have found it politically impossible to take the event off the calendar or to steer Chun Oakland away from gathering legislative support for it. In fact, even the National Conference of State Legislatures noted that Chun Oakland’s support of a special caucus to lobby for kids is part of the event.

“The Keiki Caucus uses monthly meetings to shape a legislative agenda and focus on events like Children and Youth Day in the Capitol,” NCSL noted.

But, there is no establishing legislation except for a concurrent resolution passed back in 1997 that notes the date for the event, and even that adds that the day is not to be considered a state holiday.

The Ethics Commission’s guidelines for how lawmakers can use their legislative allowance mentions that Children and Youth Day donations are included among prohibited donations “that in the past do not appear to be reasonably relationed to a legislator’s official duties.”

Les Kondo, Ethics Commission executive director, said he is trying to act as Chun Oakland’s flashlight.

“I am not telling her what to do or not do; I’m trying to shine light on the edge of the cliff she is walking on and trying to make sure she doesn’t go over the edge,” he said.

In the sometimes confusing matter of state ethics, that may be illuminating enough.

Richard Borreca writes on politics on Sundays, Tuesdays and Fridays. Reach him at rborreca@staradvertiser.com.