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

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Honorable K. Angel Pilago October 6, 2006 Page 5 interpretation of the ethics code that state stationery and the state seal should not be used for such purposes. We recognized that some incidental use of state equipment for private purposes was unavoidable; such use, to the extent that it was a limited use, would not constitute a violation of the ethics code. We noted, however, that questions concerning the use of such equipment should be raised with the Commission in advance. Our experience told us that there was in the community a concern that some public officials overused the resources of their offices in carrying on campaign activities and private business. While the public's perception of such practices might be an exaggeration of the reality, it was a view that, in our opinion, was reinforced by the use of state materials and personnel in non-state matters. For this reason, we were of the opinion that the letter of the law should be adhered to in this area and would so advise appropriate officials. This is exactly the same rationale for our earlier informal email opinion to you, wherein we stated in pertinent part as follows (emphasis supplied): If the County elected official utilizes his own funds and time, it should generally not be a problem, subject to the limitations and caveat listed below. It's no different than separating your political activity for your own campaign from your County work. However, this is something easily said but not easily done, so extreme caution should be deployed. However, it is important to consider not using your title as "Councilman...." If an ad says, "Councilman Angel Pilago supports Candidate X," that may arguably be a violation of the Ethics Code, section 2-83, in utilizing your official position to secure an advantage for a third person. The argument that goes, "Well, I just said I was Angel Pilago, and not Councilman Angel Pilago" is of limited persuasion, since people generally do not differentiate between the two. Note that I am not saying it is a violation, but that someone may be able to make this claim. If you are not sure, you should ask the Ethics Board for an opinion. There is a vast difference between campaigning for you versus campaigning for others. Our Code appears much more forgiving if you are doing this on your own behalf and for your own cause. Conclusion A plain reading of our Code of Ethics lead us to conclude the public endorsement by a sitting Council member for a candidate for Council is not specifically prohibited by the language of the Code. Although it is difficult in a small community like Hawaii Island to have the public differentiate a sitting Council member's official position from his personal one, steps such as not identifying him or herself as a sitting Council member and the like should be taken.