Question: What is the rule in the Legislature about hiring family members?
Answer: Hawaii’s Senate and House have different internal rules regarding nepotism. The Senate’s written policies are much stricter, according to a review of each chamber’s operation manual. Senators aren’t supposed to hire close relatives, while the House prohibition applies only to dependent children.
The 2015-16 Administrative and Financial Manual of the Senate states that “a senator or employing staff member may not appoint, employ, promote, advance or advocate for appointment, employment, promotion, or advancement in or to a position in the Senate any individual who is a close relative of the senator or employing staff member.”
This information can be found in Title 12, Sec. 1.4, which is part of the ethics code embedded in the Senate manual.
According to the Senate manual, “close relative” means:
>> A father, mother, son, daughter, brother, sister, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law or a dependent of the senator or employing staff member.
>> A reciprocal beneficiary of the senator or employing staff member.
>> A household member with whom a senator or employing staff member has a special relationship that, at a minimum, includes an interdependent financial relationship.
“Employing staff member” is defined as a Senate employee who has the authority to hire personnel and who is not a member of a senator’s personal staff.
A “special relationship,” according to the manual, is one between between a senator or employing staff member and a household member that, based on the nature of the relationship, “would or could have the appearance of coloring the judgment of the senator or employing staff member when hiring the household member as opposed to another applicant whose qualifications for a particular job description, when taken in the total context of employment, would be considered more qualified for the position.”
This policy states that in the case of “emergencies or special circumstances,” the Senate president may authorize the hiring of individuals whose employment would otherwise be prohibited. Relatives who don’t meet the definition of a “close relative” are not affected and shall not be denied employment, promotion or advancement due to their family status.
Anyone who holds or applies for a Senate job is supposed to disclose to the Senate clerk, in writing, whether they are related to any senator or employing staff member. Whenever a relative is hired for any job in the Senate, the clerk shall inform the senator or employing staff member, and that person shall inform the Senate president. This written disclosure should include the name of the senator or employing staff member, the newly hired employee and a description of the relationship.
The House does not have an ethics code embedded in its operations manual. The only relevant mention is found in Chapter 21, regarding staff appoint-ments.
Section 21.1 states that “appointments to positions authorized in the budget shall be made by the appointing authority designated in this manual. A dependent child of a House legislator shall not be eligible for appointment to a position in the legislator’s office.”
You can find the Senate and House manuals at capitol.hawaii.gov. Click on the link for either chamber, then click on the link for “Administrative and Financial Manual.”
Mahalo
A big mahalo to two young gentlemen who helped pick me up when I fell at the Salt Lake Shopping Center last week. They checked to see whether I had hit my head or injured myself elsewhere. Fortunately, I ended up with just a skinned elbow. I didn’t get their names, but really appreciate their stopping to give aid. — A grateful senior citizen
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
