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City & County of Honolulu

Council advances
bill limiting gifts

It would also let the Ethics
Commission subpoena documents


By Gordon Y.K. Pang
gpang@starbulletin.com

Appointed and elected city officials could receive gifts totaling no more than $300 from a single source, under a bill that has moved out of the City Council's Policy Committee.

The omnibus ethics reform bill also gives more teeth to the city Ethics Commission by giving it the power to subpoena documents.

The commission would also be allowed to disclose the names of those suspended or discharged because of an ethics breach and transfer information or records to another agency for prosecution, under the measure.

The bill further gives more authority to the Corporation Counsel's Office when it comes to ethics matters. City attorneys would be allowed to void a city contract based on ethical breaches up to six months after getting a referral from the Ethics Commission, up from 90 days. Additionally, they would have four years, rather than the current two years, from the time of violation to recover benefits or losses resulting from ethical breaches.

"By strengthening the provisions of the ethics law and by enhancing the enforcement of the ethical standards of conduct, we can go a long way in restoring and increasing the public's faith in city government," said Councilman Duke Bainum, who introduced the bill.

Representatives from the League of Women Voters and the Kokua Council endorsed the bill. The measure is scheduled for a hearing March 13.

Chuck Totto, executive director of the Ethics Commission, said about 30 states have laws restricting gifts from lobbyists, with the limits ranging from zero to $400.

Councilman Romy Cachola suggested that if there is a prohibition against accepting gifts, the amount should be zero to avoid confusion.

Bainum said he was willing to support that change, but noted that the $300 threshold was proposed to "try to strike a balance that will allow people to go through the local culture of gift-giving."

But other members objected to that proposal and struck it down.

"That means everybody who sends me a calendar, I've got to return it," said Councilman Gary Okino.

Councilwoman Ann Kobayashi said she believes it would "destroy that feeling of aloha" to bar gift-giving entirely.

Totto appeared reluctant to support a no-gift law as well. "If you want to pass a law, let's make it one that's enforceable."



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