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The Honolulu Advertiser
Posted on: Monday, June 23, 2008

Ethics rules a quagmire for lawmakers

By Dennis Camire
Advertiser Washington Bureau

ETHICAL OR NOT?

  • A congressional staff member uses his own money to buy souvenirs from the House gift shop for your campaign so you could give them as gifts to your supporters.

    Ethical or not?

    The staffer cannot buy the items with his own money or a personal credit card, even if he is reimbursed immediately. But House members can buy the items with their own money and be reimbursed by the campaign.

  • A member of the House of Representatives issues a news release from his congressional office endorsing a presidential candidate.

    Ethical or not?

    Unethical. House members may not issue news releases out of their official office or use their official news release letterhead in making such announcements because it violates the general prohibition again political use of official resources. House members also cannot discuss such endorsements in letters sent on official stationery when responding to constituents' questions.

  • A congressman running for re-election makes a commercial featuring testimonials from a constituent for whom your official office helped secure veterans benefits.

    Ethical or not?

    It is not ethical for the re-election staff to look at office files to get the names of individuals who were helped. Congressional offices can provide the campaign with its news releases and other publicly distributed materials but internal files cannot be used for political purposes.

  • A congresswoman lets her congressional spokesman answer questions about her political campaign.

    Ethical or not?

    Press secretaries can answer occasional questions on political matters, such as how their members' votes on a controversial subject could affect an upcoming election, that come up in interviews. But if campaign questions continue to be asked, the interview should be stopped. If press secretaries want to continue talking about the campaign, it should be done outside the office and on their own time.

    —Dennis Camire

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    WASHINGTON — House members tread a minefield of rules as they juggle their official duties while campaigning for re-election, and a misstep can have serious repercussions, both legally and politically.

    Lawmakers are generally prohibited from using any congressional resources — from money and telephones to office supplies and congressional staff time — on their political campaigns. But exceptions are many, and the potential for missteps abound.

    "The line is fuzzy because everything you do on Capitol Hill has political implications," said John J. Pitney Jr., a political scientist with Claremont Mc-Kenna College in California.

    The issue surfaced last month when a watchdog group asked the House ethics committee to investigate whether members of Congress improperly used government-paid staff time and materials for their campaigns.

    Citizens for Responsibility and Ethics in Washington was responding to published reports that a former staff member for U.S. Reps. Neil Abercrombie, D-Hawai'i; Jane Harman, D-Calif., and others was providing the Justice Department with information about such misuse.

    Laura I. Flores, 47, of Arlington, Va., pleaded guilty in January to embezzling $169,000 from House office accounts but received a reduced sentence of six months in prison and two years of supervised probation in return for her cooperation in the investigation. The Justice Department probe centers on House members using official resources and staff for political campaigns, according to unidentified sources in Washington Post reports.

    To back up its call for an ethics committee investigation, the watchdog group said such violations were growing, citing similar allegations made in the past two years by former staffers for Reps. Tim Murphy, R-Pa.; David Scott, D-Ga.; and Gary Miller, R-Calif. No outcome of the group's request has been made public. Violations of rules and standards governing use of official staff and resources in political campaigns don't often rise to criminal levels.

    It's more likely the House ethics committee will either dismiss the complaint after an investigation or issue a letter of admonishment to the lawmaker. In some cases, the committee goes further and bans a lawmaker's staff from working on a campaign for a period of time and requires more education for staffers on how to separate official and campaign work.

    For example, congressional staffers are not allowed to contribute money directly to their boss's re-election effort, but they can donate their time.

    The work must be done during the staffers' free time, according to guidance from the House ethics committee. If they spend too much time on campaign work, staffers are supposed to take part-time status at reduced pay or take time off without pay.

    Pitney, a former staffer for Rep. Jerry Lewis, R-Calif., said one way House members can guard against violating the rules is to have clear office polices dealing with how much vacation or other leave time they have.

    "Those policies aren't uniform, and that's part of the difficulty in Congress," said Pitney, who also was a congressional fellow for then-Rep. Dick Cheney, R-Wyo., and former Sen. Alfonse M. D'Amato, R-N.Y. "That leads to questions of whether people are getting time off to work in campaigns or they are actually using their own time."

    SAFEGUARDS POSSIBLE

    Bob Dye, who worked for former Rep. Cecil Heftel, D-Hawai'i, said Heftel guarded against going over the line by not having Washington staff work on his campaign.

    Dye said staffers generally try to make sure they and their bosses abide by the rules.

    "When you work for a politician, your employment is dependent pretty much upon his re-election," he said. "You're always conscious that the guy is running for re-election, so you try to protect him from any kind of mischief that he might get into. You don't want him to lose votes by doing some dumb thing."

    To stay inside House ethics guidelines, Abercrombie said, he splits his campaign and official office functions completely and uses a separate accountant to handle his campaign and two senior staffers to oversee his congressional operating account.

    "Nobody in my (official) office in Honolulu or Washington is responsible for my campaigns," he said. "People in my office help with my campaigns, but they do so on their own time, and they are scrupulous about that."

    Abercrombie said he has paid consultants to run his campaigns.

    "A modern campaign doesn't operate out of an office like this with five or 10 people," he said. "I maintain a (campaign) office 12 months a year."

    Abercrombie said he doesn't make campaign calls from his office telephone and the campaign pays for his only cell phone, which he says keeps him in compliance with House rules.

    SEPARATION IS KEY

    Freshman Rep. Mazie Hirono, D-Hawai'i, who is launching her first re-election campaign this year, said she carefully follows the ethics rules governing the separation of official and campaign duties.

    "If they (staffers) are doing campaign work, they fill out a form to take vacation or other time off," she said. "If staffers are working on a campaign full time, or on a regular basis, the campaign would pay for it."

    But right now, Hirono said, she doesn't have any staffers working on her re-election.

    As someone who once advised House members at the Congressional Management Foundation, Brad Fitch said he found that most lawmakers go to great lengths to adhere to the laws and rules governing official staff and resources. Their senior staffers do as well, said Fitch, now head of the Washington research group Knowlegis.

    "The member also should be a good manager and monitor the situation to check on the amount of time the employees are using," Fitch said. "You have to make sure the people doing it are performing the work and being paid for the work they are doing in the campaign and not being subsidized by their government payroll."

    Additional information about ethics guidelines is available online at ethics.house.gov, House Committee on Standards of Official Conduct.

    Reach Dennis Camire at dcamire@gns.gannett.com.