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Candidate Campaign Walk-Throughs in State Agencies Pagel of <br /> HAWAII <br /> STATE <br /> ETHICS <br /> COMMfSSION <br /> l3ishop skivare. Teti 97 <br /> H,)w,)h 9f <br /> April 27, 2000 <br /> MEMORANDUM <br /> To: State Officials, Department Heads, Agency Heads and State Employees <br /> From: Daniel J. Mollway <br /> Executive Director and General Counsel <br /> Hawaii State Ethics Commission <br /> Subject: Candidate Campaign Walk-Throughs <br /> At its meeting held on April 26, 2000, the Hawaii State Ethics Commission voted <br /> unanimously that the practice of state officials and state employees allowing candidates for <br /> elective office to walk through state agencies to meet with state officials and state employees <br /> for campaign purposes, would violate the State Ethics Code, set forth in chapter 84 of the <br /> Hawaii Revised Statutes ("HRS"). <br /> The section of the State Ethics Code relevant to this issue is HRS section 84-13, entitled <br /> "Fair Treatment." Section 84-13 provides, in pertinent, part as follows: <br /> §84-13 Fair treatment. No legislator or employee shall use or attempt to use the <br /> legislator's or employee's official position to secure or grant unwarranted privileges, <br /> exemptions, advantages, contracts, or treatment, for oneself or others; including <br /> but not limited to the following: <br /> (3) Using state time, equipment or other facilities for private business <br /> purposes. <br /> The State Ethics Commission has generally interpreted HRS section 84-13 and HRS section <br /> 84-13(3) to prohibit state officials and employees from using state resources for campaign <br /> purposes. The State Ethics Commission has interpreted these two laws in the past to prohibit <br /> campaign activities during state time, in state facilities, with the use of state equipment, or with <br /> the use of other state resources. The only exception to this has been that the State Ethics <br /> Commission determined in 1986 that state officials and employees could allow candidates, in <br /> conjunction with their campaigns, to walk through state agencies to meet with state officials <br /> and employees without violating Hawaii's state ethics laws, so long as all candidates were <br /> http://www.hawaii.gov/ethics/noindex/walkthru,htm 10/22/2007 <br />