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The Honolulu Advertiser
Posted on: Tuesday, March 4, 2008

City ethics panel must have power to enforce

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Someone should watch the henhouse other than the fox, but when the watchdog has no teeth, that's a problem, too.

Voters in Honolulu voted overwhelmingly in 2006 for a City Charter amendment that gave the City Ethics Commission the power to assess civil fines and take disciplinary action against any elected city official found to be in violation of the city ethics code.

However, new hurdles now need to be overcome, and efforts to fix them have stalled in the lawmaking process.

  • The commission technically has authority to enforce the ethics code through fines and other disciplinary action, where in the past it only could make recommendations for disciplinary action.

    However, a state law curbs that authority and must be changed to make the charter amendment really effective. Senate Bill 2937 attempts to make that change.

    The law now requires counties enforcing any violation first to issue an order to stop and 30 days to correct it.

    This requirement seems intended for infractions of the building code or other flaws that need fixing but would needlessly impede ethics enforcement. Once ethics are breached, public trust in government is damaged, and a penalty should be paid.

  • The City Ethics Commission also seeks to extend its enforcement reach to all city employees, which makes perfect sense. Ethics rules should apply across the board, and the commission needs authority to make those rules stick. City Council Resolution 07-384 would do just that.

    SB 2937 in the first case may be dead for the session, but the City Council still should act on resolution 07-384, now lingering in the City Council Executive Matters Committee. It deserves to proceed to the full council, where it should pass.

    The ongoing push should be to empower the commission with broad oversight and enforcement powers, just as the State Ethics Commission already has.

    The Hawaii Government Employees Association has opposed fining union members, arguing that they should not be subject to both civil fines and discipline from their supervisor. When the issue came before the state in 2006, the attorney general found the argument without legal merit.

    And it makes no more sense for the city, especially now that Honolulu is embarking on a major transit project in which billions of dollars will change hands.

    This is not the time to deny the commission the power to hold city employees accountable to a uniform ethics code.

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