Senators may create new ethics committee

By Derrick DePledge
Advertiser Capitol Bureau

The state Senate, concerned about its public image, is considering a new bipartisan special committee on ethics that would have the power to investigate complaints of misconduct against senators.

Senate President Robert Bunda sent a memo to senators yesterday asking for suggestions on the committee but indicated he wants to move quickly and have the panel in place before the next session in January 2006.

The proposal comes as three senators face ethics complaints and Bunda is the target of a power struggle among majority Democrats. Bunda, D-22nd (North Shore, Wahiawa), said it was "generated by our concern over the public's impression of the Senate's ability to police its own members.

"I proposed this rule change to provide a structured approach to dealing with questions of ethics such as those that have arisen over the past few months."

The four-member committee, which would be made up of two Democrats and two Republicans appointed by the Senate president, would hear ethics complaints brought by other senators. In March, a Senate attorney concluded that existing rules only allow the chamber to investigate ethics complaints from other senators, not from the public, and Bunda's staff says that standard should continue.

People would be able to ask senators to bring a complaint on their behalf, much as many already do with bills. People would also still be able to ask the Ethics Commission to pursue their complaints against senators.

The committee would be able to hold public hearings or meet behind closed doors during the Senate's regular 60-day calendar or in the interim between sessions. The panel would make recommendations on whether to dismiss ethics complaints or call for censure, suspension or expulsion. The Senate president would take the recommendations to the full Senate for votes.

The immediate reaction to Bunda's proposal was generally positive, although important procedural issues have not been resolved. The most difficult might be how to settle deadlocks. The options include dismissing complaints if a majority of the committee cannot agree how to proceed, or referring the complaints to the full Senate for review.

"He's moving in the right direction," said state Sen. Les Ihara, D-9th (Kapahulu, Kaimuki, Palolo), who says the public should have the right to bring complaints to the Senate under present rules.

Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), said Bunda has shown political courage by publicly acknowledging ethics as a concern and for being willing to share power on the committee with Republicans. "This has to be a balanced, bipartisan committee," he said. "Politics is politics. But unethical behavior should be of concern to both sides."

Dan Mollway, executive director of the Ethics Commission, said the committee could help raise awareness about ethics at the Legislature. Lawmakers have passed a law requiring mandatory ethics training for themselves and other state officials, but Mollway said many problems could be avoided if lawmakers were more familiar with ethics law.

Mollway also said the committee could develop expertise on ethical issues that are unique to the Legislature, such as potential conflicts of interest in legislation or abuse of power. "I think it's a good idea," he said.

The commission is investigating whether state Sen. Brian Kanno, D-19th (Kapolei, Makakilo, Waikele), abused his power when he intervened on behalf of a man fired last year by Norwegian Cruise Line.

The commission also is looking into whether state Sen. J. Kalani English, D-6th (E. Maui, Moloka'i, Lana'i), improperly accepted free flights home from Hawai'i Air Ambulance and misused Senate travel coupons.

The commission also has been asked to examine whether state Sen. Clayton Hee, D-23rd (Kane'ohe, Kahuku), improperly sent fundraising tickets to the University of Hawai'i Board of Regents, including an interim regent whose confirmation Hee later blocked.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com or 525-8070.