EC Members Aiding or Supporting Political Candidates
According to <a href="http://ilind.net/2010/05/17/city-ethics-chair-resigns-to-avoid-violatio…; target="”_blank”">an
iLind.net blog post this week</a>, the chair of the Honolulu Ethics
Commission resigned on April 22. Although <a href="http://www4.honolulu.gov/docushare/dsweb/Get/Document-100110/50_bcv6g.p…; target="”_blank”">his
letter of resignation</a> 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.<br>
<br>
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:<br>
<ul>
<p>Sec. 3-6.9 Prohibiting political management or activity or candidacy
to an elective political office.</p>
<p>(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.</p>
<p>(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.</p>
</ul>
<b>Elected Official Involvement in EC Activities</b><br>
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.<br>
<br>
<b>What Does It Mean to Support or Aid a Candidate?</b><br>
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.<br>
<ul>
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.”)<br>
<br>
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.")<br>
<br>
In 2010, he telephoned this blogger on behalf of another mayoral
candidate to clarify something for the campaign.<br>
<br>
In 2008, he <a href="http://archives.starbulletin.com/2008/07/26/news/story04.html" target="”_blank”">filed a challenge with the City Clerk </a>seeking to clarify the legality of
the same candidate's nomination papers, when the candidate was running
for city council.<br>
<br>
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.”)<br>
</ul>
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.<br>
<br>
If someone wants to represent candidates and officials, that's fine.
But they should not accept a seat on an EC.<br>
<br>
Robert Wechsler<br>
Director of Research-Retired, City Ethics<br>
<br>
---