Ethics panel might get
power to fine violatorsA bid to boost the commission's
power clears a Council panel
The city Ethics Commission could fine violators of ethics laws under a proposed City Charter change given preliminary approval yesterday by a City Council committee.
"The ethics laws are sometimes violated, and occasionally it is a serious violation. The power to assess civil fines can be an important tool, especially where there's been a serious violation such as misuse of public funds or other resources," said Ethics Commission Executive Director Chuck Totto.
The proposal approved by the Executive Matters Committee would give the commission more flexibility and power, Totto and others said.
The commission currently can issue a letter of reprimand or refer a case for criminal prosecution.
"I think there are numerous times where the remedy is somewhere between a little more than a slap on the wrist but it doesn't quite rise to a level of criminal prosecution and sending somebody off to jail," said Councilman Charles Djou, who introduced the measure.
Totto said, "There's a hole in several sanctions that the city has ... and there's nothing the Ethics Commission can do itself."
For example, the commission can recommend that an employee be terminated, but it is up to another body to carry out that termination. Or, if an employee misuses funds, it is up to the Corporation Counsel's office to take legal action to recoup the money; the commission cannot.
If voters approve the proposal, it would probably take two years after that before the powers are implemented.
The measure now goes on to the Council for a public hearing.
Totto said that neither the state Ethics Commission nor the counties' ethics panels have the power to assess fines, but most municipalities across the country that are comparable in size to Honolulu have ethics panels with those powers.
Some councilmembers said it is time the Ethics Commission is given more authority.
"The public is looking here at Honolulu Hale and City Hall and perceives that there's an ethics problem going on," Djou said.
Councilwoman Barbara Marshall said: "I think we're all very aware of what the public wants; they want high ethics. This is only a means by which we can offer the public an opportunity to tighten up on the penalties, and I don't see how we can delay it for even one second."
