2002-03 Prohibited Political Activities

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misconduct. HRS Section 11-229 does not act as the exclusive penal section for prosecution, nor does it act as a bar to the prosecution of any other penal offense. In other words, HRS Section 11-229, which is a misdemeanor, is not the most severe charge a criminal defendant can face for misappropriation of public funds. As seen in the Mansho case, she was charged with and pled guilty to two felonies. The bottom line illustrated in this case is political appointees work for, and are paid for by the taxpayers. It is a potentially hazardous misnomer that political appointees work for the elected or appointed candidate. In addition to the prosecution of the elected or appointed official, his/her subordinates (i.e., staff members) also face the possibility of prosecution for the misappropriation of government funds, based upon the same penal theory. Laws governing political activities in our state should be interpreted broadly, to prohibit any questionable activity. Any private interest must be properly distinguished from the public interest all government employees are entrusted to serve. Restrictions are not limited to elected and appointed officials and Political" activities It is important to understand the misappropriation of government funds and resources may not occur exclusively in political activities, and is not limited to elected or appointed officials. Since elected officials have specific reporting requirements, such as campaign spending, civil servants often mistakenly believe they are less scrutinized and that there are no laws which sanction them for "immoral" activities. Complacency and comfort often sets in; persons may think and feel "no harm, no foul," or that "no one will know or turn me in." Civil servants are subject to all laws in our state, and are treated no differently. Thus, a civil service employee, who during work time, repeatedly and over a prolonged length of time, engages in private activities through the use of County time and resources (e.g., use of copy machine, computer equipment, etc.), may be subject to investigation, sanction, and possible prosecution for the theft of public funds. The advent and prevalence of e-mail as a preferred means of communication presents similar questions in this regard. Please understand the law does provide the prosecution with some discretion with respect to whether charges should be brought. Our County Prosecutor's Office adheres to the National Prosecution Standards. The bottom line is to understand what the law says (and prohibits), and use good judgment and discretion. Understand the taxpayers fund our salaries and equipment, -3-