Bill would strengthen city ethics rules
By Robbie Dingeman
Advertiser City Hall Writer
City Councilman Duke Bainum is proposing a bill designed to put some teeth into laws establishing ethical standards for city officials, including a ban on accepting any gifts worth more than $300.
"Integrity is essential to maintaining the faith of the people in their elected officials," said Bainum, who is a candidate for mayor.
He said the ethics package is related to increased concern about ethics issues. "It's not just here in Hawai'i. It seems that we've seen more and more ethical lapses across the nation."
Councilman Andy Mirikitani has been convicted of felony public corruption charges linked to giving two employees bonuses in exchange for kickbacks to him. And Councilwoman Rene Mansho has admitted state campaign spending and city ethics violations related to misuse of campaign money and city employees' time.
Currently, officials must disclose gifts when the value exceeds $200 from one source and are barred from accepting gifts that can "reasonably" be inferred to influence the official in their duty or reward them for their official actions. But there is no limit on the value of the gifts that officials can accept.
The proposal would strengthen the laws in various ways including giving the city ethics commission authority to transfer confidential documents to another agency if criminal violations are suspected.
It also would extend the time the city could void a contract awarded as a result of an ethics breach from 90 days to six months.
"I do not feel we've given them enough tools to do their job and this bill introduces some new and powerful tools," Bainum said.
City Ethics Commission Executive Director Chuck Totto said the change would let his agency disclose information it uncovers to the appropriate city, state or federal agency. Current law requires that information gathered in an investigation be kept confidential.
Another change would allow city attorneys four years instead of two years to take action to recover benefits from an ethics breach. Totto said that in Mansho's case that meant the city could have sought reimbursement for misuse of staff that she admitted for twice as long.
The bill also would let the commission disclose the names of those who violate ethics laws in a way that results in a suspension or firing; and to disclose to the City Council the names of those who refuse to respond to the ethics commission.
Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com or 525-8070.
