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Lincoln S.T. Ashida <br /> r Corporation Counsel <br /> Harry Kim bW <br /> Mayor •� •' Gerald Takase <br /> • Assistant Corporation <br /> •'''� "•'�•�� Counsel <br /> ,t�Of•Mf'•l <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 <br /> October 6, 2006 <br /> Sent via email; hard copy only to Council Chair <br /> Honorable K. Angel Pilago <br /> Council Member, District 8 <br /> Hawaii County Council <br /> 25 Aupuni St. <br /> Hilo, HI 96720 <br /> Dear Councilman Pilago: <br /> RE: Your request for a legal opinion concerning campaigning for <br /> a candidate for the Hawaii County Council <br /> On September 25, 2006, your office contacted the Corporation Counsel <br /> via email and asked (1) whether an elected official could publicly support a <br /> candidate, and if so, what the legal parameters are , (2) how can the support be <br /> expressed (newspaper, radio, official statement, etc.), and (3) whether there <br /> were any topics that cannot be discussed in such an endorsement. <br /> The email communication from your office indicated you had initially <br /> sought the assistance of the State Ethics Commission, but were referred to the <br /> County of Hawaii Office of the Corporation Counsel. <br /> In responding to these three questions, our office opined as follows <br /> (responding in sequential order to the questions posed above): <br /> 1. If the County elected official utilizes his own funds and time, it should <br /> generally not be a problem, subject to the limitations and caveat listed <br /> below. It's no different than separating your political activity for your <br /> own campaign from your County work. However, this is something <br /> easily said but not easily done, so extreme caution should be <br /> deployed. <br /> 2. Whatever way you feel appropriate. However, it is important to <br /> consider not using your title as "Councilman...." If an ad says, <br /> "Councilman Angel Pilago supports Candidate X," that may arguably <br /> be a violation of the Ethics Code, section 2-83, in utilizing your official <br /> position to secure an advantage for a third person. The argument that <br /> Hawaii County is an Equal Opportunity Employer and Provider <br />