Councilman cited for ethics violation

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Honolulu Councilman Rod Tam violated ethics laws by appearing on behalf of private interests, including one that paid him $3,100, to get permits from the city Department of Planning and Permitting, the city Ethics Commission said in a March 3 opinion.

Honolulu Councilman Rod Tam said he would abide by the decision. "I understand they're looking out for my benefit," he said.

Tam yesterday said he did not believe he did anything wrong, but that he will comply with the decision.

The opinion states that he applied for five building permits on behalf of two "clients," although Tam said he received compensation for the work he did for only one of the parties.

Tam was paid $3,100 last year for helping process building permits for a Mainland contractor who was doing remodeling work for the American Eagle Outfitters stores at Ala Moana Center and Pearlridge Center.

Tam also helped a local property owner who needed repair permits to fix two Kaimuki homes with termite damage. But Tam, who sells termite treatment door-to-door for a private company, said he received no compensation for processing those permits for the property owner, who is a friend.

Chuck Totto, executive director of the city Ethics Commission, said the panel has the option, when it deems appropriate, to recommend that the Council issue discipline but it chose not to do so in this case.

Violations of ethics laws are also grounds for impeachment, a political process that would have to be initiated with a public petition by members of his district.

The city Ethics Commission has no authority to issue civil fines on its own for violations. A bill that would allow the panel to do so is pending before the Council.

Tam, first elected to the Council in 2002 after two decades as a state lawmaker, told The Advertiser that he would abide by the decision. "I understand they're looking out for my benefit," Tam said.

Tam said that he owns a company, Network Consultants, which primarily deals with marketing strategies and plans for clients. But as part of that business, he has also "stood in line" processing permits for clients for a fee, he said.

He stressed that in both instances cited, he received no special consideration from Planning and Permitting Department officials. He added that he has stood in line for hours at a time like all members of the public.

Tam noted that while he was a state lawmaker, he had been cleared by the state Ethics Commission to process the various types of building permits on behalf of both constituents, for whom he has done it for free, and paid clients.

Dan Mollway, executive director of the state Ethics Commission, said he does not recall speaking specifically to Tam about appearing on behalf of clients for building permits.

However, he said, state officials only are barred from assisting people for pay before their own departments or, in the case of lawmakers, the Legislature itself.

The violations cited by the city Ethics Commission, however, dealt with cases involving Tam as a council member appearing before a city agency.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or at 525-8070.