Editorial: Strong ethics rules for public officials

In 2022, criminal acts involving public officials “became one of the most glaring and embarrassing societal concerns in Hawaii,” the Commission to Increase Standards of Conduct bluntly states, as indicators of “deep-rooted systemic and institutional problems.”

To counter that, the commission recommends dozens of solid reforms, including new state laws addressing fraud and corruption, and a new Office of the Public Advocate to oversee public access and transparency in the legislative process. In its final report to the state House, delivered Thursday, the panel also recommends county officials review and overhaul processes such as scanty oversight that allow criminal behavior to persist.

Our state and counties must now thoroughly consider and adopt as many of these recommendations as possible. There is room for debate over the particulars of certain reforms, including the need for term limits in the state Legislature — but there is no doubt that reform, from top to bottom, is necessary.

The commission was formed in response to the headline-grabbing federal arrests — and convictions — of two former Hawaii lawmakers, J. Kalani English and Ty J.K. Cullen, for taking bribes from businessman and prolific donor Milton Choy in exchange for legislative favors to Choy’s company, which supplied and repaired wastewater equipment.

The final report was released on the same day that, sadly, more federal public corruption charges were unsealed: Wilfredo Tamayo Savella, a career employee of Maui’s Department of Environmental Management, was accused of taking bribes to steer contracts worth millions of dollars to Choy’s companies between 2013 and 2017.

In September, Choy and Savella’s supervisor, Stewart Olani Stant, pleaded guilty to federal crimes over Stant’s acceptance of bribes from Choy.

These and other prominent scandals have inspired disgust and disillusionment. Moving forward, unfailing commitment to, and rigorous enforcement of, legal and ethical standards are required to restore public faith.

Lawbreaking and ethical violations by public servants within Hawaii’s state and county governments are indicators of a public sector in “moral crisis,” the commission rightly said in its report.

The Legislature must go much further than it has to improve government. For example, in this year’s session, the commission had supported a bill to prohibit state and county elected officials from soliciting or accepting campaign contributions during the legislative session, to remove the prospect of influence-buying while bills are actively considered. The Legislature failed to push this through. As we urged then, this restriction must be adopted.

Also crucial: A requirement that committee chairs publicly justify any decision to kill or table a bill, rather than leave the public in the dark.

Other worthy recommendations include requiring lobbyists to disclose all legislative or administrative actions they comment or take a position on; expanded prohibitions on nepotism — hiring or contracting with relatives or household members; expanding the state’s Sunshine Law to apply to committees, task forces and other bodies appointed by lawmakers; and increased public financing for candidates.

Notably, the commission would expand both House and Senate definitions of conflicts of interest to include not only potential financial benefit, but also “personal, political, legal, reputational or other” issues that could reasonably cause conflict. In case of a conflict, it would ban not only voting, but even taking a position on or discussing the issue.

Disgraceful, criminal behavior by Hawaii’s public officials has created a stain on the state’s reputation, but the commission’s work provides an unmatched opportunity to ramp up safeguards, transparency and scrutiny, eliminating opportunities for unethical and criminal behavior. Now the Legislature and county officials must take up the banner, ensuring that Hawaii no longer tolerates betrayals of the public trust.