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HomeMy WebLinkAbout2008-08-11_Reminder_on_Campaign_Restrictions_for_all_County_Officers_and_Employees oJNtV.Of Ilq Lincoln S.T. Ashida Harry Kim �y, �,Ji,•4 Corporation Counsel Mayor +� :• Gerald Takase ;r =may'=o:�,; Assistant Corporation OF 10- Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 - Hilo, Hawaii 96720-4262 • (808)961-8251 - Fax(808)961-8622 August 11, 2008 Sent via email; no hard copy will follow Corporation Counsel Numbered Memorandum 2008-03 Memorandum TO: OFFICE OF THE MAYOR HAWAII COUNTY COUNCIL OFFICE OF THE COUNTY CLERK ALL COUNTY DEPARTMENTS AND AGENCIES ALL COUNTY BOARDS AND COMMISSIONS FROM: LINCOLN S. T. ASHIDA�K Corporation Counsel RE: Reminder on Campaign Restrictions for all County Officers and Employees With the consent of the Office of the Mayor and the Chair of the Hawaii County Council, and with our community being in the midst of the political campaign season, our office reminds all County officers and employees of the restrictions on utilizing County funds, time and other resources for political campaign activity. All County officers and employees are encouraged to revisit our Corporation Counsel Numbered Memorandum 2007-05 (attached) that contains a full summary of prohibited activities. For brevity purposes, the following represents the most prominent prohibited activity: 1. Candidate walk-throughs on County premises are strictly prohibited. 2. County email accounts must not be used for campaign purposes. 3. The distribution of campaign literature on County premises is strictly prohibited. 4. The sale or distribution of fundraiser or other tickets (even complimentary ones) on County premises is strictly prohibited. Hawaii County is an Equal Opportunity Employer and Provider In the event you witness any violation of the above or those activities covered in more detail in our Numbered Memorandum 2007-05, you are encouraged to 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 aggrieved party may also file a petition with the Hawaii County Board of Ethics. Please contact our office if you would like a copy of a petition and filing instructions. For your information and to assist you in recognizing those persons seeking elective office in our County, the following represents all candidates who have preliminarily met the deadline for filing for the September 2008 election: U.S. Representative Congressional District 2 Roger Evans Mazie Hirono State Senator District 1 Ted Hong Dwight Takamine State Senator District 3 Josh Green Evelyn Isbell State Representative District 1 Kenneth Fujiyama Jo Kim Mark Nakashima Lynn Nakkim Steven Offenbaker Eric Weinert State Representative District 2 Jerry Chang State Representative District 3 Deirdre Tavares Clifton Tsuji State Representative District 4 Frederick Blas Faye Hanohano Anthony Marz Steven Sparks This is preliminary and uncertified information provided by the Elections Division given to our County officers and employees in order to assist them in recognizing candidates for elective office. The information is subject to change once all filings are certified. 2 State Representative District 5 Robert Herkes State Representative District 6 George Coffman Gene Leslie Maegan MacGregor Andrew Smith State Representative District 7 Ronald Dela Cruz Cynthia Evans Billy Jo Kailimai Mayor Joseph Barrozo Stacy Higa Lorraine Inouye William Kenoi Sam Masilamoney Michael Moore K. Angel Pilago Randell Riley Prosecuting Attorney Jay Kimura Hawai'i County Council District 1 Thomas Brookman Dominic Yagong Hawaii County Council District 2 Albert Ferreira Donald Ikeda Hawaii County Council District 3 Robert Reed J Yoshimoto Hawaii County Council District 4 Andres Baclig Jet Heng Wendell Ka'ehu'ae'a Marie Okutsu Dennis Onishi 3 Hawai'i County Council District 5 Kale Gumapac Wayne Joseph Emily Naeole Gary Safarik Shiela Kaniu Stocksdale Hawaii County Council District 6 Guy Enriques Frederick Fogel Robert Jacobson Hawaii County Council District 7 Catherine Delo Santos Brenda Ford Steven Texeira Hawaii County Council District 8 Robert Greenwell Deborah Hecht Joseph Reynolds Tsing Young Hawai'i County Council District 9 Peter Hoffmann Raynard Torrres Board of Education School Board (Hawai'i) Paul Bryant William Sanborn Patrick Walsh Herbert Watanabe Board of Education School Board (Kauai) Maggie Cox Larry Filhard OHA Trustee (Hawai'i) Robert Lindsey William Meyers OHA Trustee (Kauai) Donald Cataluna OHA Trustee (Molokai) Colette Machado Waipa Purdy 4 OHA Trustee (no island residency requirement) Haunani Apoliona Helene Honda Colin Kippen Sol Nalua'i If you have any questions or concerns regarding any of the above matters, please contact our office for assistance. Encl. LF: Other Communication/CC/Numbered Memos/2008/07-25-08 Numbered Memorandum 2008-03/LSAmr 5 OpJ�ZY Of H,� Lincoln S.T. Ashida V•�1.� ' iii Harry Kim X11,,,,.•. Corporation Counsel Mayor +: _ Gerald Takase Assistant Corporation �T�•OF•M►'� Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 . Hilo,Hawaii 96720-4262 • (808)961-8251 . Fax(808)961-8622 October 26, 2007 Sent via email; no hard cop rV to follow Corporation Counsel Numbered Memorandum 2007-05 Memorandum TO: OFFICE OF THE MAYOR HAWAII COUNTY COUNCIL ALL COUNTY DEPARTMENTS AND AGENCIES ALL COUNTY BOARDS AND COMMISSIONS FROM: LINCOLN S. T. ASHIDA Corporation Counsel RE: Reminder on Campaign Restrictions for all County Officers and Employees As the political campaign season approaches, we thought it prudent to issue the following advisory for all County of Hawaii officers and employees. Department heads are asked to ensure that copies of this memorandum are circulated to all officers and employees under your charge, as well as all board and commission members. In 2006, the State Ethics Commission revised and issued the enclosed advisory entitled "Campaign Restrictions for State Officials and State Employees."' All County officers and employees are urged to read this document very carefully. We have also enclosed the following opinions from the State Ethics Commission (a short synopsis of the implications for our County officers and employees with respect to each opinion is included): Through a series of amendments in 2002, the Hawaii County Council amended the County Code of Ethics to bring it in line with the State Code of Ethics. For this reason, advisories and opinions of the State Ethics Commission are very instructive and should be heeded. Hawaii County is an Equal Opportunity Employer and Provider I. Opinion dated April 27, 2000, concerning Candidate Campaign Walk- Throughs. • 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 the giving out of buttons, pens, or other paraphernalia or items that carry a campaign message. In other words, even though a candidate does not walk through a County facility, the distribution of the above items on County premises is strictly prohibited. 2. Opinion dated January 12, 2001, concerning Use of State E-Mail for Campaign Purposes. • County email accounts must not be used for campaign purposes. This includes the generation and receipt of email messages that are for campaign purposes, and not an official County purpose. • County internet services must not be used for 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. 3. Opinion dated November 13, 2000, concerning Fundraising on State Facilities. Any type of political campaign fundraising activity on County premises, or using County time or resources for a political fundraising activity, is strictly prohibited. This means the sale or distribution of political campaign fundraiser tickets on County premises. This also includes the use of County resources (using a County telephone to call in a headcount order to a caterer for an upcoming political fundraiser, e.g.). • "Fundraising" also includes the distribution of"complimentary" or free political campaign fundraiser tickets. We also encourage our County officers and employees to revisit Corporation Counsel Opinions Nos. 2004-05 (July 30, 2004) and 2002-03 (June 7, 2002), for a further review and discussion of prohibited campaign activities in the County of Hawaii and the resulting consequences of non-compliance. All County officers and employees are invited to contact our office if you have any questions or concerns regarding prohibited campaign activities. Encls. S: Departments/CC/Numbered Memos/2007/2007-05 Campaign restrictions 10-22-07/LSAmr - 2 - �hO F P y�` 9 5 9.,i. •9i HAWAII STATE ETHICS COMMISSION `F- CAMPAIGN RESTRICTIONS FOR STATE OFFICIALS AND STATE EMPLOYEES (Chapter 84, Hawaii Revised Statutes) INTRODUCTION: The following restrictions on campaign activities are based on section 84-13, Hawaii Revised Statutes (HRS), entitled the "Fair Treatment' section of the State Ethics Code. In general, section 84-13 prohibits the preferential use of state resources or incidents of state office. Examples of campaign activities, described below, that violate or may violate the ethics code are for illustration only and are not meant to be all-inclusive. STATE OFFICIALS AND EMPLOYEES WHO MUST COMPLY WITH THE RESTRICTIONS: All state officials,state employees,state legislators,and state board and commission members. State justices and judges are not subject to the jurisdiction of the State Ethics Commission, but are subject to the Commission on Judicial Conduct. CAMPAIGN RESTRICTIONS THE FOLLOWING ACTIVITIES BY STATE OFFICIALS AND STATE EMPLOYEES VIOLATE THE STATE ETHICS CODE: 1. Using state time, equipment, supplies, or state premises for campaign activities or campaign purposes. State time means the actual time during which a state official or employee, etc., is supposed to be performing his or her state duties. State time thus excludes lunch time, break time, vacation time, and so forth. State equipment includes,forexample,copy machines,fax machines,telephones, typewriters, computers, and vehicles such as trucks and cars. State supplies include stationery, paper, stamps, and other office supplies. State premises include state offices, conference rooms, working areas, and so forth. State premises or facilities that are available to the public for use (e.g., for holding meetings or conducting business)may also be used for campaign activities on the same basis as the facilities are available to the public. Campaign activities or campaign purposes include: (a) selling, purchasing, or distributing campaign fundraiser tickets, including complimentary tickets; (b)conducting campaign meetings; (c)distributing campaign literature or materials; (d) soliciting campaign assistance or support; or(e) producing campaign literature or materials or storing such materials. 2. Using state personnel during state time for the purpose of performing campaign tasks or activities. 3. Using the state mail or messenger service for campaign purposes. 4. Using state computers or e-mail accounts for campaign purposes. 5. Soliciting campaign contributions or campaign assistance by sending letters addressed to state officials or employees at their state offices. 6. Using one's state position to give unwarranted advantages or preferential treatment to campaigns. The State Ethics Code prohibits state officials, employees,legislators,and board and commission members from using their official positions to coerce campaign contributions or campaign assistance from anyone. State officials,employees, legislators, and board and commission members should also avoid combining official business with campaign solicitations. 7. Selling fundraiser tickets to, or soliciting the purchase of fundraiser tickets from, subordinates or businesses or persons supervised or inspected. 8. Candidates walking through state agencies to meet with state employees for campaign purposes. The State Ethics Commission believes that the State Ethics Code prohibits candidates from being allowed to walk through state agencies to meet with state employees for campaign purposes. STATE SEAL: The state seal may not be used by a state official or employee in conjunction with campaigning if such use gives the state official or employee or another any unwarranted advantage or preferential treatment in violation of section 84-13, HRS. State officials and employees are advised to contact the State Ethics Commission for advice before using the state seal on campaign materials. Anyone using the state seal in conjunction with a campaign may also wish to contact the Office of the Attorney General regarding the application of section 5-6, HRS. MISDEMEANOR FOR FUNDRAISING IN GOVERNMENT FACILITIES: In addition to the State Ethics Code, HRS section 11-203.5 makes it a misdemeanorfor any person to solicit a campaign contribution in a government facility used for official duties by a state or county employee. This law does not apply to certain government facilities that are permitted to be used for political activities. HRS section 11-203.5 is part of the campaign spending law. Questions concerning this law should be directed to the State Campaign Spending Commission. PENALTIES FOR VIOLATION OF THE STATE ETHICS CODE: An administrative fine of up to$500 for each violation. Disciplinary action such as reprimand, probation, demotion, suspension,or discharge. Any favorable state action is voidable,and the Attorney General may pursue all legal and equitable remedies. FURTHER INFORMATION/COMPLAINTS: Anyone in need of further information or who wishes to report an apparent violation of the State Ethics Code may call the State Ethics Commission at (808) 587-0460. 1001 Bishop St., American Savings Bank Tower 970 • P. O. Box 616 • Honolulu, HI 96809 Visit our website at http://www.hawaii.gov/ethics (Revised: 7/06) Candidate Campaign Walk-Throughs in State Agencies Pagel of HAWAII STATE ETHICS COMMfSSION l3ishop skivare. Teti 97 H,)w,)h 9f April 27, 2000 MEMORANDUM To: State Officials, Department Heads, Agency Heads and State Employees From: Daniel J. Mollway Executive Director and General Counsel Hawaii State Ethics Commission Subject: Candidate Campaign Walk-Throughs At its meeting held on April 26, 2000, the Hawaii State Ethics Commission voted unanimously that the practice of state officials and state employees allowing candidates for elective office to walk through state agencies to meet with state officials and state employees for campaign purposes, would violate the State Ethics Code, set forth in chapter 84 of the Hawaii Revised Statutes ("HRS"). The section of the State Ethics Code relevant to this issue is HRS section 84-13, entitled "Fair Treatment." Section 84-13 provides, in pertinent, part as follows: §84-13 Fair treatment. No legislator or employee shall use or attempt to use the legislator'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: (3) Using state time, equipment or other facilities for private business purposes. The State Ethics Commission has generally interpreted HRS section 84-13 and HRS section 84-13(3) to prohibit state officials and employees from using state resources for campaign purposes. The State Ethics Commission has interpreted these two laws in the past to prohibit campaign activities during state time, in state facilities, with the use of state equipment, or with the use of other state resources. The only exception to this has been that the State Ethics Commission determined in 1986 that state officials and employees could allow candidates, in conjunction with their campaigns, to walk through state agencies to meet with state officials and employees without violating Hawaii's state ethics laws, so long as all candidates were http://www.hawaii.gov/ethics/noindex/walkthru,htm 10/22/2007 Candidate Campaign Walk-Throughs in State Agencies Page 2 of 3 accorded equal and fair treatment. When the State Ethics Commission decided this issue in 1986, the Commission perceived candidates walking through state agencies, or "candidate walk-throughs" as this activity came to be called, as being simple and innocuous. However, after the State Ethics Commission issued its flyer on campaign ethics guidelines in 1986 and noted that campaign walk-throughs were allowed (although other campaigning would not be allowed) a number of inquiries and complaints were brought to the attention of the State Ethics Commission concerning the campaign walk-throughs. Many state employees (and state supervisors as well) complained that the walk-throughs were intrusive, and coercive in nature. Since 1986, during every election season, the State Ethics Commission has received numerous complaints about the walk-throughs. The candidates who wished to walk through state agencies for campaign purposes also raised a number of very difficult issues for the State Ethics Commission. Immediately an issue arose as to who would "escort" the candidate through the state agency. Would it be the department head in some cases, or a "lesser" individual in other cases. Candidates also wanted to know if they could bring other individuals along with them as they walked through state agencies. Thus, though the Commission in 1986 thought that only a candidate would be passing through a state agency, the situation was in fact much more complex. Many candidates wished to be accompanied by an entourage of prominent and influential individuals. Candidates also asked the State Ethics Commission whether they could pass out campaign literature, as well as campaign tokens or gifts such as pens, buttons, and so forth. A question also arose as to how'much time candidates would be accorded for the walk-throughs. The State Ethics Commission also received questions as to whether other individuals, such as family members, could conduct a campaign walk-through in place of a candidate. Other issues arose as well, for example, whether the walk-throughs could be filmed or pictures taken. All of these issues and complaints made it clear to the State Ethics Commission that the campaign walk-throughs were not simple and innocuous but rather constituted serious campaigning. The State Ethics Commission believed that the campaign walk-throughs thus violated Hawaii's ethics laws regarding the use of state resources for campaign purposes. At its meeting of April 26, 2000, the State Ethics Commission also concluded that it was simply not possible for candidate walk-throughs to be conducted in a manner that was fair and equal for all, given all the variations under which the candidate walk-throughs might be conducted. It should be noted that the State Ethics Commission is required under the State Ethics Code to interpret the State Ethics Code "liberally" to promote high standards of ethical conduct in state overnment. HRS section 84-1, entitled "Construction," provides as follows: §84-1 Construction. This chapter shall be liberally construed to promote high standards of ethical conduct in state government. Given this mandate to liberally_ construe the State Ethics Code to promote high standards of ethical conduct in state government, and given the history of campaign walk-throughs since 1986, the State Ethics Commission believes that campaign walk-throughs are violative of HRS section 84-13. Thus, the State Ethics Commission believes that state officials or employees who allow campaign walk-throughs would be in violation of Hawaii's state ethics laws, set forth http://www.hawaii.gov/ethics/noindex/walkthru.htm 10/22/2007 Candidate Campaign Walk-Throughs in State Agencies Page 3 of 3 in chapter 84, HRS. Anyone with questions regarding campaign walk-throughs or campaigning in the state work place should contact the State Ethics Commission at 587-0460. Daniel J. Mollway Executive Director and General Counsel DJM/mk http://www.hawaii.gov/ethics/noindex/walkthru.htm 10/22/2007 Use of E-Mail for Campaign Purposes Pagel of 2 HAWAII. STATE Ij ETHICS { � SION COMMI, bishop'Sc1uare . 1001 i3� h�]E?Stra��1,P:id i(:Tov.,or 970 . Honolu Ili,F MEMORANDUM TO: Department Heads FROM: Daniel Mollway Executive Director and General Counsel SUBJECT: Use of State E-Mail for Campaign Purposes DATE: January 12, 2001 At its December 20, 2000 adjudicatory meeting, the Hawaii State Ethics Commission considered a situation in which a state e-mail account was used to forward a message advocating the election of certain candidates for state office. The State Ethics Commission took appropriate action in the case and asked that I send a memorandum to all state department heads to ask that they remind the state officials and employees within their departments that state resources, including state e-mail accounts, may not be used for political campaigning. The use of state resources for political campaigning is prohibited by Hawaii Revised Statutes ("HRS") section 84-13, the Fair Treatment section of the State Ethics Code. This section reads: § 84-13 Fair treatment. No legislator or employee shall use or attempt to use the legislator'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 legislators or employee's office or position. (2) Accepting, receiving, or soliciting compensation or other consideration for the performance of the legislator's or employee's official duties or responsibilities except as provided by law. (3) Using state time, equipment, or other facilities for private business purposes. http://www.hawaii.gov/ethics/noindex/emailuse.htm 10/22/2007 Use of E-Mail for Campaign Purposes Page 2 of 2 (4) Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the legislator or employee inspects or supervises in the legislator's or employee's official capacity. Nothing herein shall be construed to prohibit a legislator from introducing bills or resolutions, serving on committees or making statements or taking action in the exercise of the legislator's legislative functions. Every legislator shall file a full and complete public disclosure of the interest or transaction which the legislator believes may be affected by legislative action. HRS section 84-13 prohibits state employees and legislators from using their state positions to give themselves or anyone else any unwarranted benefit or preferential treatment. HRS subsection 84-13(3) prohibits state employees and legislators from using any state time, equipment, or facilities for private business purposes. For example, state employees may not use the state telephone, state fax machine, state computers, or the state internal mail system for private business purposes. For purposes of this section, the State Ethics Commission has determined that campaigning for state office is a private business activity, since candidates who win elections are generally compensated in their new employment. Further, their campaign organizations would generally be considered private businesses, as the term business is defined in the State Ethics Code. In any event, HRS section 84-13 bars preferential treatment, and thus state resources must be used for state purposes and not unfairly to promote one candidate over another. Thus, e-mail accounts that are provided by the State and supported by the State may not be used for political campaigning. On behalf of the State Ethics Commission, I would like to ask you to circulate this memorandum or otherwise inform the state employees and officials in your department that the use of a state e-mail account for political campaigning violates the State Ethics Code. If there are questions regarding this matter, please do not hesitate to contact our office at 587-0460. On behalf of the State Ethics Commission, I would like to thank you for your assistance in this matter. http://www.hawaii.gov/ethics/noindex/emailuse.htm 10/22/2007 Fundraising to Raise Money for Private Organization Page 1 of 2 STATE ` ft (f�� Jr �y9 ISS T rrr ii:iti.hop Scl►ra;rr.1001 63ishul.? I'arifiC T<:nver y t)• Honolulu. t MEMORANDUM TO: All Department Heads FROM: Daniel J. Moflway Executive Director DATE: November 13, 2000 At its November 8, 2000, adjudicatory meeting, the Hawaii State Ethics Commission reviewed a case in which a state official circulated sign-up sheets for employees in the state official's department to purchase fundraiser tickets in order to raise money for a private organization. On November 8, the State Ethics Commission took appropriate action with regard to the fundraising case it had before it for consideration, but asked that I send a letter to department heads to ask that the department heads again remind the state officials and employees within their departments that private fundraising is prohibited under the State Ethics Code, chapter 84, Hawaii Revised Statutes (HRS). In particular, HRS section 84-13, entitled the"Fair Treatment"section of the State Ethics Code, prohibits state officials from giving themselves or others any unwarranted advantage. Further, HRS section 84-13(3)prohibits the use of state time, equipment, and facilities for a private business purpose. HRS section 84-13 is set out in its entirety below: §84-13 Fair treatment. No legislator or employee shall use or attempt to use the legislator'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 legislator's or employee's office or position. (2)Seeking other employment or contract for services for oneself by the use or attempted use of the legislator's or employee's office or position. (3)Accepting, receiving, or soliciting compensation or other consideration for the performance of the legislator's or employee's official duties or responsibilities except as provided by law. (4) Using state time, equipment or other facilities for private business purposes. (5)Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the legislator or employee inspects or supervises in the legislator's or employee's official capacity. http://www.hawaii.gov/ethics/noindex/fundrais.htm 10/22/2007 Fundraising to Raise Money for Private Organization Page 2 of 2 Nothing herein shall be construed to prohibit a legislator from introducing bills and resolutions, serving on committees or from making statements or taking action in the exercise of the legislator's legislative functions. Every legislator shall file a full and complete public disclosure of the nature and extent of the interest or transaction which the legislator believes may be affected by legislative action. The State Ethics Commission has long maintained that the initial paragraph of HRS section 84-13 and HRS section 84-13(3)prohibit state officials and employees from using state time, equipment, facilities, and personnel for fundraising purposes for a private entity or business.The State Ethics Commission has long held that a state official or employee violates HRS section 84-13 by conducting fundraising activities for a private enterprise or business within his or her state department. On behalf of the State Ethics Commission, I would like to ask you to circulate this memorandum or otherwise inform state officials and employees in your department that fundraising activities for private enterprises and businesses violate the State Ethics Code. If there are questions regarding whether certain fundraising activities may be permissible, please do not hesitate to contact our office at 587-0460. On behalf of the State Ethics Commission, I would like to thank you for your assistance in regard to this matter. http://www.hawaii.gov/ethics/noindex/fundrais.htm 10/22/2007