Posted on: Friday, October 22, 2004

Democratic gathering at Capitol not ethics violation, panel finds

By Gordon Y.K. Pang
Advertiser Capitol Bureau

Democratic lawmakers did not violate the state Ethics Code in July when they gathered in the courtyard of the State Capitol to hold a press conference announcing candidates for this fall's elections, the state Ethics Commission determined late Wednesday.

Brennon Morioka, chairman of the Hawai'i Republican Party, had charged that the Democrats should have obtained a permit to hold an event on Capitol grounds as required for assemblies of 25 or more people by the Department of Accounting and General Services. He also charged that it is a violation of state law to campaign on state property except in areas where a permit can be obtained.

But Ethics Commission members, in an informal advisory opinion, said that while state law does bar campaigning on state offices or other state facilities, the Rotunda is different in that it is a common area used for activities such as social gatherings, and not just official business.

Members also said that the matter was one best dealt with by DAGS' administrative rules, and not treated as an ethical violation. A DAGS official told Ethics Commission staff that while no permits were sought for the assembly, the department usually does not act to stop an event unless the users are creating a disturbance.

House Majority Leader Scott Saiki, D-22nd (McCully, Pawa'a), said he was pleased with the decision, adding that "the Republican complaint was frivolous, unsubstantiated and a desperate publicity stunt designed to discredit our Democratic candidates."

Morioka said said he was disappointed with the decision. "I believe the Rotunda is a clear extension of the Capitol itself," he said. "It is on state grounds, and it is a place where everybody goes to congregate, and when you hold a rally, some kind of formal gathering, it requires a permit."

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