2006-10-06 Campaigning For a Candidate for the Council

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Informal Adv Opinion 22 Page 2 of 4 that, in endorsing a figure for political office, he not identify his board or his position and that he consider voluntarily refraining from endorsing candidates because of the sensitive nature of his position. However, the Commission did not rule that the official could not endorse candidates for political office. In a number of other Commission opinions, the Commission has recommended that influential employees and public officials, including legislators, take steps to isolate the power of their offices from private negotiations with state officials. For example, in one such case (Advisory Opinion _No._363), a state legislator sought funding from a state agency for a private enterprise. A statement was made to the agency that he was seeking the funds as a private citizen and that his application should be given no deference by the state agency. All negotiations and all meetings were conducted on the legislator's own time, using all his own equipment and materials. And, of course, the Commission was advised of his activity and was thus able to monitor the matter. The Commission found that these activities would not violate the ethics code and approved of the steps taken to mitigate the influence of legislators. A review of these decisions indicates a Commission view that political activities and the private affairs of government officials should be separated, to the extent possible, from their state offices. The language of HRS §84-13(3) is unambiguous on this point. We recognize that a philosophical argument lies at the heart of cases such as this one. There can be no doubt but that state officials have a right to endorse persons for political as well as private office. The opinions cited recognize this right. It is also clear that public officials cannot completely divorce themselves from the powers of their offices when they conduct their private affairs. Nevertheless, it has been the consistent position of this Commission that certain symbolic steps should be taken to isolate a public official's office from his or her private endeavors and that the taking of such steps is meaningful and effective. It is meaningful because it is a statement that the official's office should have no bearing on the particular interest that is being pursued in a private capacity and that no advantage is being sought or should be given. While we recognize that an awareness of the official's power and position cannot be erased from the minds of the people the official is dealing with, the sensitivity shown does nevertheless promote a positive image of both the official and the agency he or she represents. It is our experience as commissioners that people are intimidated and influenced by persons occupying powerful governmental positions. Steps taken in recognition of this reality may and do help to neutralize the influence of the official as he carries out his private endeavors. In this case, the legislator indicated that he was unaware of the uses that the challenger would make of the letter sent to him. It had been his understanding that the letter would be read to his supporters but would not be duplicated and distributed. The reading of the letter alone would not have brought before the supporters the image of the seal and the names of the other members of the legislature or, necessarily, the signature of the legislator and the citation of his particular position. The possibility of the legislator's action constituting a violation of HRS §84-13 would have been mitigated if the letter had been used according to his expressed intent. Accordingly, the Commission was of the opinion that, while the action was in violation of HRS §84-13, the violation was an inadvertent one that did not justify further action by this Commission. We also noted that this issue had not, heretofore, been so explicitly raised as it was here. We did, however, hold that legislators and other public officials should avoid the use of state httn•//www hnwnii anv/ethice/nnininnc/1A022 HTM 10/6/2006