Hawaii government reform proposals put forth in wake of corruption

A Hawaii government reform commission formed earlier this year is recommending more than two dozen changes to state law to help relieve what it calls a moral crisis.

The Commission to Increase Standards of Conduct on Thursday delivered to the state House of Representatives its final report, which includes 29 draft bills and two draft resolutions urged for passage in 2023 by the Legislature.

Proposed legislation includes measures that would impose lawmaker term limits, expand nepotism prohibitions, establish tighter campaign fundraising controls and impose new restrictions and disclosure requirements on lobbyists.

The commission was formed at the direction of House Speaker Scott Saiki (D, Ala Moana-Kakaako- Downtown) in February about a week after federal bribery charges were filed against two former Hawaii lawmakers, J. Kalani English and Ty J.K. Cullen.

Since then the seven-member panel chaired by retired state appellate Judge Daniel R. Foley has held 13 public meetings, received briefings by experts on various subjects and pursued other research and work that led to its 393-page final report.

“The Commission has heeded exhortations by the public to be bold in its recommendations and proposals and urges elected officials at the Legislature to likewise take bold action, strongly consider each request in this Final Report, and timely and decisively act to turn the tide of public sentiment toward trust in government with integrity and honorable public service,” the report states.

Commissioners said in their report that the misdeeds by English, who received a 40-month prison sentence, and Cullen, who awaits sentencing, along with other recent Hawaii government corruption cases “have led many to believe that a deep moral crisis exists throughout each corner of the state.”

Other local government officials suspected or convicted of wrongdoing recently and listed in the report include a former Honolulu prosecutor, five current or former Honolulu Department of Planning and Permitting employees, a former Kauai County Council member, a former Maui County department director, a former Hawaii County housing specialist, former top officials at the Office of Hawaiian Affairs and a former Honolulu police chief and his deputy prosecutor wife.

“This moral crisis has led the Commission to Improve Standards of Conduct to believe that Hawaii is at a critical juncture in regard to restoring public trust in government and reforming areas of the law related to issues such as corruption, fraud, ethics, elections, and campaign finance,” the report states.

The report continued, “The Commission finds that given the current circumstances, beginning with the reprehensible, dishonest acts of a few and leading to the creation of the Commission … now is the time for the Commission and the public to steer the Legislature toward reform in these areas of the law and redirect elected officials, public serv­ants, and private citizens toward ‘true north’ values of honesty, public service, and ethical behavior to rebuild integrity and public trust in government.”

Saiki could not be reached Friday for comment on the report.

All the draft bills are expected to be introduced in the House.

Many lawmakers could find themselves in sticky positions with some of the draft bills, including ones that would curtail certain current practices at the Legislature.

For instance, one proposal is to prohibit state and county elected officials from soliciting and accepting campaign contributions during any regular session or special session of the Legislature.

“If enacted, this proposal would reduce the negative perception of legislators soliciting or accepting contributions from individuals or organizations that have an interest in matters pending before the Legislature during session,” the commission’s report states.

Other proposed bills would require state law­makers to disclose certain relationships with lobbyists, would prohibit lobbyists from providing certain gifts to legislators and other state employees, and would prohibit members of the Legislature or other state employees from making employment or contract decisions that benefit relatives or household members.

A proposal to limit terms for state lawmakers to a 16-year lifetime maximum would need to be enacted through a constitutional amendment. It was included among recommendations by the commission after a 4-3 vote among members.

The four members supporting the term-limit rec­ommendation were Foley, former state Rep. Barbara Marumoto, Campaign Spending Commission Executive Director Kristin Izumi-Nitao and Florence Nakakuni, former U.S. attorney for the District of Hawaii.

Opposed were Robert Harris, executive director of the State Ethics Commission; Nikos Leverenz, advisory board member of good-government group Common Cause Hawaii; and League of Women Voters member Janet Mason.

Among less divisive draft bill recommendations is one to increase the amount of partial public financing available to candidates seeking office, one to expand application of the state Sunshine Law to legislatively appointed bodies, and one to require lobbyists to publicly disclose legislative or administrative actions that they commented on, supported or opposed.

The two proposed resolutions would amend House and Senate rules dealing with how conflicts of interest are determined and whether lawmakers can vote on something when a conflict of interest exists.

The commission also proposes two draft bills that represent amended versions of bills that the Legislature passed earlier this year but got vetoed by Gov. David Ige.

These two bills were among 14 that were pending during this year’s legislative session before the commission was formed and received commission backing in an interim March 31 report. Lawmakers passed seven of the bills in May, including one to require that legislators and their employees undergo ethics training every four years.

The two vetoed bills would have reduced the cost for the public to obtain certain government records and would have maintained audio and video recordings of public board meetings.

“The Commission believes that the extensive and thorough work that has gone into this effort, including the work undertaken for the Interim Report submitted to the House on March 31, 2022, will serve as a powerful guide in reshaping Hawaii’s laws and legislative process in the areas of ethics, corruption, elections, and government operations,” the final report said.

—

LEARN MORE

>> To find the report and more information on the commission, go to 808ne.ws/3XRgQmT.