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Home My WebLink About10-05-20 Second Amended CC Numbered Memorandum 2020-01COUNTY OF HAWAI‘I OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 Hilo, Hawai‘i 96720 (808) 961-8251 Fax (808) 961-8622 Hawai`i County is an Equal Opportunity Employer and Provider Harry Kim Mayor Joseph K. Kamelamela Corporation Counsel Renee N. C. Schoen Assistant Corporation Counsel October 5, 2020 Sent via email; no hard copy to follow Second Amended Corporation Counsel Numbered Memorandum 2020-01 Memorandum TO: OFFICE OF THE MAYOR HAWAI‘I COUNTY COUNCIL ALL COUNTY DEPARTMENTS AND AGENCIES ALL COUNTY BOARDS AND COMMISSIONS FROM: JOSEPH K. KAMELAMELA Corporation Counsel RE: Reminder on Political Campaign Restrictions for all County Officers and Employees With the general election one month away, our office reminds all County officers and employees of the restriction on utilizing County funds, time and resources for political campaign activity. Department and agency heads are asked to ensure copies of this memorandum are circulated to all officers and employees under their charge, as well as all board and commission members. Please see the attached “Guide on Campaign Activities for State Officials and Employees” (“guide”) issued by the State of Hawai’i Ethics Commission which provides an easy to read summary of restricted campaign activities by State officials and employees. Almost all of the restrictions articulated in the guide mirror our County Ethics Code, therefore, all County officials and employees are urged to read this document very carefully. M Council, All County Departments and Agencies and All County Boards and Commissions October 5, 2020 Page 2 of 4 The following is a brief summary of the prohibitions against political campaign activity and related matters in this County: The Hawai i County Code (HCC) § 2-83(b)(4) provides: 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: * * * * Using County property, facilities, equipment, time or personnel for private business, campaign purposes, or for any other purpose other than for public purpose. The following is prohibited: County facilities and property: o Candidate walk-throughs on County premises are strictly prohibited. Department heads are charged with ensuring such walk-throughs do not occur on County premises. “Walk-throughs” include physically walking through a County facility and the distribution of material supporting a candidate or a campaign message. In other words, even though a candidate does not physically walk through a County facility, the distribution of the above items on County premises is strictly prohibited. o The County Seal is County property and may not be used on any campaign materials, as it gives the impression that the County is endorsing a particular political candidate. Use of the County Seal in any advertisement or in any manner likely to give the impression of official County approval is a misdemeanor. See Hawai‘i County Code (HCC) § 2-155(a). County equipment: o County email accounts must not be used for political campaign purposes. This includes the generation and receipt of email messages that are for political campaign purposes, and not an official County purpose. M Council, All County Departments and Agencies and All County Boards and Commissions October 5, 2020 Page 3 of 4 o County internet services must not be used for political campaign purposes. This means County computers must not be used for accessing political campaign websites or for any purpose not consistent with an official County purpose. Campaign activity: o Any type of political campaign fundraising activity on County premises, or using County time or resources for a political fundraising activity, is strictly prohibited.1 This means the sale and/or distribution of political campaign fundraiser tickets on County premises, and the use of County resources (using a County telephone to call in a headcount order to a caterer for an upcoming political fundraiser, etc.). “Fundraising” also includes the distribution of “complimentary” or free political campaign fundraiser tickets. o County officials and employees may be asked to endorse political candidates. The person must not create the impression that the County or any County agency is endorsing a particular candidate. Said County employee must make clear that they are speaking in their individual capacity. o The display or distribution of campaign posters, signs, or other campaign material, is prohibited within a designated area of a two hundred feet radius from the perimeter of any voter service center, place of deposit, or its appurtenances. See Hawai‘i Revised Statutes, as amended, (HRS) § 11-132. Any voter who displays campaign material within the designated area shall remove or cover the material before entering the area. See HRS § 11-132(d). o Campaign activities, including wearing of clothing and holding signs that promote, support, or advocate a person’s candidacy for public office is prohibited on County property while being used by an entity, such as, a non-profit organization, for other than a political campaign event, such as providing free medical testing. See ft nt. 1; HRS § 2- 83(b)(4). 1 This does not include activity transpiring at County premises that are available for rent to the general public during the date and time when the premises are being utilized for a political campaign-related event. See §11-354(b), Hawai‘i Revised Statutes, as amended, which provides that “[g]overnment facilities that permit use for political activities shall be available to a candidate, candidate committee or non-candidate committee for fundraising activities pursuant to the same terms and conditions that would otherwise apply to use by non-governmental organizations.” M Council, All County Departments and Agencies and All County Boards and Commissions October 5, 2020 Page 4 of 4 o County officials who are campaigning for elected offices are not allowed to influence the outcome of their elections; for example, they are not allowed to deliver to individuals, groups and organizations goods purchased with county, state or federal funds. Campaign activities such as holding signs and wearing shirts, however, are permitted on the shoulder, sidewalk or other roadside facility of County and state roadways that are not used exclusively by vehicular traffic, but such activities should be done safety without physically impeding the movement of pedestrian and vehicular traffic. If you witness any violation of the above, please report it to your supervisor immediately. All department and agency heads are charged with the responsibility of taking appropriate action upon conducting a proper investigation. Any person may also file a petition with the Hawai‘i County Board of Ethics. Please contact our office if you would like a copy of a petition and filing instructions. If you have any questions, you are invited to contact our office at (808) 961-8251, or via email at Corpcounsel@hawaiicounty.gov. JKK:clf Attachment THE STATE ETHICS CODE – A QUICK GUIDE ON CAMPAIGN ACTIVITIES FOR STATE OFFICIALS AND EMPLOYEES HAWAII STATE ETHICS COMMISSION 1001 Bishop Street, Suite 970 | Honolulu, Hawaii 96813 | ethics@hawaiiethics.org | (808) 587-0460 | Twitter: @HawaiiEthics 1. Restrictions on Using State Resources for Political Campaigns The Fair Treatment law of the State Ethics Code, Hawaii Revised Statutes (“HRS”) § 84-13, prohibits state legislators, state employees, and state board and commission members from using state resources for private business purposes, including political campaign purposes. This includes the following: •State Time: •State Position: • State Facilities: generally be used for campaign activities on the same terms that apply to the general public (for example, campaign activities altogether. •State Equipment and Supplies: telephones, copy machines, fax machines, computers, vehicles), or state supplies (such as copy paper, stamps, • State Email Server: email address. •@ State Websites or Social Media Pages: contain campaign related materials, such as campaign logos or photos of people in campaign t-shirts. State •State Newsletters: or the campaign’s address/contact information. •State Seal: The State Seal generally may not be used on any campaign materials, as it gives the impression that the State of Hawaii is endorsing a particular political candidate. Use of the State Seal in any advertisement •State Funds: State funds may not be used to pay for campaign-related expenditures or activities, such events, or travel made principally for a political campaign. 2. Endorsements may cite their state position for biographical reasons, but must not create the impression that the State of Hawaii or any state agency is endorsing a particular candidate. social media posts supporting a candidate. 3. Use of Media 4. Candidate Financial Disclosure Statements days before the state primary election. Filing can be completed online at . http://ethics.hawaii.gov/. 5. Other Laws The Campaign Spending Law restricts campaign fundraising on state and county property (HRS § 11-354) and campaign For further information, please contact the State Campaign Spending Commission. Questions? ethics@hawaiiethics.org. For Twitter @hicsc, or on the web at http://ags.hawaii.gov/campaign/.