EC Members Aiding or Supporting Political Candidates

According to an iLind.net blog post this week, the chair of the Honolulu Ethics Commission resigned on April 22. Although his letter of resignation provides no cause for the resignation, the chair apparently said that he had been asked to assist a mayoral candidate's campaign and did not want to violate the ethics code.

However, the blog post provides a great deal of evidence that the chair had already violated the ethics code provision on ethics commission member involvement in campaigns:

Sec. 3-6.9 Prohibiting political management or activity or candidacy to an elective political office.

(a) Except for exercising the right to vote or making a campaign contribution to a candidate for elective public office, no member of the ethics commission shall support, advocate or aid in, or manage, the election or defeat of any candidate for public office. No member of the ethics commission shall be a candidate for any elective public office nor engage in campaigning for such office.

(b) Any member of the ethics commission who violates the provisions of this section shall be removed by the mayor forthwith since such person serves at the pleasure of the mayor.

Elected Official Involvement in EC Activities
I talk a lot about how elected officials should have no involvement in EC activities. This provision presents a stark example of how bad such involvement can be. If EC members serve at the pleasure of the mayor (because they are appointed by the mayor) and they work in a mayoral campaign, the mayor has a serious conflict of interest. If the mayor removes a member working for an opposition candidate, it looks like he's misusing his office. It also looks like a misuse of office if he fails to remove a member working for him.

What Does It Mean to Support or Aid a Candidate?
Here is what the blog post said the chair (appointed in 2001) had already been doing. Decide for yourself if these activities fall under "support, advocate or aid in, or manage, the election or defeat of any candidate for public office" after reading what happened and, in many cases, the chair's self-defense.

He personally represented the current mayor's 2009 campaign before the State Campaign Spending Commission in an attempt to block the actions of another candidate. (The chair said about this sort of activity, “In my mind, at least, although I acted as the lawyer for various politicians over the years, I did not participate in their campaigns. I have represented them as their counsel. In my view, I don’t think that violates the ethics rules.”)

The mayor's 2009 campaign reimbursed him $78.55 for “fundraiser food” and $750 for “fundraiser entertainment.” (The chair said about this activity,“If I recall correctly, I think I bought a cake, and I paid for the band at the same fundraiser. I view that the same as making a campaign contribution.")

In 2010, he telephoned this blogger on behalf of another mayoral candidate to clarify something for the campaign.

In 2008, he filed a challenge with the City Clerk seeking to clarify the legality of the same candidate's nomination papers, when the candidate was running for city council.

In 2002, he successfully sued the State Campaign Spending Commission, seeking to reverse a ruling that limited fundraising by the then mayor (who had named him to the EC). (The chair said about this activity, “In my view, although I was personally the plaintiff, that involved my right to give money, which the charter said was exempted.”)

I think it's important to prohibit EC members from being in relationships with candidates, or officials, that might compromise how fair and neutral they appear to the public. Without this fairness and neutrality, their opinions, enforcement actions, even their ethics training will not be seen as trustworthy. Without trust in an EC, an ethics program is worthless. Or worse.

If someone wants to represent candidates and officials, that's fine. But they should not accept a seat on an EC.

Robert Wechsler
Director of Research-Retired, City Ethics

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