2006-10-06 Letter to Angel Pilago re Campaign Endorsements and Ads

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Honorable K. Angel Pilago October 6, 2006 Page 3 Given the fact Deputy Corporation Counsel Leithead-Todd remains off- island until Monday, October 9, 2006, given the time-sensitivity of this matter, and given the fact Deputy Corporation Counsel Leithead-Todd represents the Board of Ethics (thus it may not be appropriate for her to render any opinions to you on this particular question, since this may place her in conflict with respect to her continued representation of the Board) we thought it prudent to promptly respond to your inquiry. We hope our guidance is of assistance to you. The County of Hawaii Board of Ethics A very important point that warrants repeating here is that it is the County of Hawaii Board of Ethics, and not attorneys from our office, that issue informal advisory opinions and interpret our Code of Ethics. Although our attorneys do provide legal support and address legal matters that confront the board, the ultimate responsibility for interpreting the Code lies with the Board. Recent history has shown the Board has executed this duty very diligently and responsibly, devoid of any outside influence. In sum, they have shown very independent thinking in representing the collective morality of our community. We wish to reiterate this important point since we did not want to lead you to believe our opinions would be conclusively accepted and adopted by the Board. As with all boards and commissions in our County, our role is simply to provide legal support. Hawaii County Code of Ethics The salient provision of our County Code of Ethics may be found at Chapter 2, Section 2-83(b), Hawaii County Code 1983 (2005 ed.) (hereinafter "Code"). That provision provides as follows: No officer or employee shall use or attempt to use the officer's or employee's official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others; including but not limited to the following: (1) Seeking other employment or contract for services for oneself by the use or attempted use of the officer's or employee's office or position. (2) Accepting, receiving, or soliciting compensation or other consideration for the performance of the officer's or employee's official duties or responsibilities except as provided by law. (3) Using County time, equipment or other facilities for private business or campaign purposes. (4) Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the officer or employee inspects or supervises in the officer's or employee's official capacity. (5)Using County property or personnel for other than a public activity or purpose.