Hawaii government reform panel shifts into new phase

A commission formed earlier this year to improve conduct standards for Hawaii government employees has moved into a new phase of work that includes soliciting input on reform ideas from the public and stakeholders.

The Commission to Increase Standards of Conduct held its first public meeting June 1 and so far has scheduled four more such meetings between June 15 and July 27 to explore specific topics including campaign finance reform and election law changes.

The seven-member panel chaired by retired state appellate Judge Daniel R. Foley was formed Feb. 17 by the state House of Representatives after federal prosecutors filed bribery charges Feb. 8 against two former Hawaii lawmakers, Sen. J. Kalani English and Rep. Ty J.K. Cullen.

English, who retired in 2021, and Cullen, who resigned Feb. 8, pleaded guilty to taking cash bribes and other items of value in recent years from a local business owner in return for action on legislation. They await sentencing and face up to 20 years in federal prison.

During an initial phase of work, the commission produced a March 31 report recommending passage of 14 then-pending bills introduced at the Legislature in January or in 2021 having to do with local government reform.

Lawmakers passed about half the bills in May, including one to make it a Class C felony for intentionally providing a false name or address of a person paying for a campaign advertisement; one to maintain audio or video recordings of public meetings; and another to require ethics training of legislators and their employees every four years.

Now the commission is exploring ideas that could lead to changing other laws, legislative rules and other things.

Community members can help by emailing the commission or testifying live in person or via videoconference at upcoming meetings.

“We’re open to any suggestions,” Foley said at last week’s meeting.

The commission also is interested in having stakeholders participate in upcoming meetings. For example, representatives of the state Office of Elections, county election divisions and national advocates may attend the scheduled June 15 meeting on election law reform.

Recommendations produced by the commission in its second phase of work are to be made in a report to the Legislature by the end of this year.

At last week’s meeting the commission discussed more than 20 rough ideas on the topic of ethics led by commission member Robert Harris, executive director of the Hawaii State Ethics Commission.

One idea is to require registered lobbyists to disclose specific bills on which they are lobbying. Currently, lobbyists must disclose only the subject area on which they are lobbying.

Kristin Izumi-Nitao, a commissioner and executive director of the Campaign Spending Commission, encouraged the panel to advance the idea.

“I think this is a strong proposal that the commission should consider,” she said at the recent meeting.

Another idea being explored is to prohibit legislators who have a conflict of interest on a bill from voting on the bill. Currently, state lawmakers are required to disclose any conflict but don’t have to recuse themselves from voting. Any question of a conflict could be decided by floor vote.

“It’s a common-sense solution,” said commissioner Janet Mason, representing the League of Women Voters.

The commission also is pondering whether lawmakers should be prohibited from drafting, or lobbying colleagues to act on, bills in which they have a conflict.

Other ideas that appeared to gain traction for further exploration included new rules against nepotism for state employees; requiring that elected officials disclose ownership interests or employment connections in businesses; and devoting more staffing and funding resources to county ethics commissions.

One idea rebuffed after an initial discussion was to prohibit legislators from having other jobs, which raised issues of converting Hawaii’s part-time Legislature to a year-round session and increasing pay for lawmakers.

“I don’t think we should go down that path,” Barbara Marumoto, a commission member and former Hawaii lawmaker, said at the recent meeting where Foley concurred.

Harris said the purpose of the public meetings is to explore ideas, including ones proposed by commissioners and the public, and see which ones are worth taking to another level with more details and specific wording to amend or create rules or laws that can be recommended to the Legislature.

At the commission’s first public meeting, a few members of the public offered suggestions, including some from former Hawaii lawmaker Gary Hooser.

Hooser suggested the commission consider recommending that lawmakers who chair committees at the Legislature not be allowed to unilaterally prohibit bills from receiving a hearing or decide against advancing a bill further after a hearing. Instead, Hooser suggested that members of a committee should have to vote on those actions.

The former lawmaker from Kauai also suggested that state House-Senate conference committees deliberate in public instead of convening a public meeting to announce agreements on bills that have been made out of public view.

A third suggestion from Hooser had to do with a bill that lawmakers passed this year without a provision recommended by the commission.

The measure, Senate Bill 555, would prohibit legislators as well as employees or others acting on their behalf from holding any fundraiser event with a cost to attend during the legislative session. The commission recommended that the bill also include a ban on soliciting or accepting campaign contributions during the session.

“It’s common knowledge that many legislators solicit funds from people who have issues before the Legislature, and it’s unethical, in my opinion, that they do that,” Hooser told the commission.

Some lawmakers expressed support for the broader change and invited a measure to do that in 2023 instead of amending SB 555 this year.

Hooser said he’s encouraged by the further work to be done by the commission, whose members also include Sandy Ma, executive director of good-government group Common Cause Hawaii, and former U.S. Attorney for the District of Hawaii Florence Nakakuni.

“I appreciate the effort,” he told commissioners. “I was actually inspired by the conversation. I appreciate the thought everybody’s putting into this.”

COMMISSION TO INCREASE STANDARDS OF CONDUCT

Upcoming meetings

>> “Election Law Modernization,” June 15. Discussion might include term limits, ranked-choice voting and an all-party “jungle” primary.

>> “Campaign Finance Reform,” June 29. Discussion might include partial-public election funding and higher penalties for super PAC violations.

>> “Criminal Prosecution and Fraud,” July 13. Discussion might include better enforcement agency tools and increased criminal penalties.

>> “Open Government Laws,” July 27. Discussion might include Hawaii’s Sunshine Law and disclosure of government records.

For meeting times, locations and videoconferencing information, visit the commission website at 808ne.ws/3zoYu2L or email standardsofconduct@capitol.hawaii.gov. Meetings are archived on the state House of Representatives’ YouTube channel.