Ethics panel cites official
for conflict of interestCouncilman Rod Tam says that
he will stop "courtesy processing"
of city agency permits
City Councilman Rod Tam violated ethics laws when he represented two clients seeking permits from a city agency, the city Ethics Commission found.
In an advisory opinion dated last Wednesday, the commission wrote that it "strongly urges Councilmember Tam not to repeat the violation by continuing to represent clients before city agencies."
Tam said he will abide by the commission's recommendation and cease to do "any type of courtesy processing."
"Recognizing perceptions of how it could be looked upon wrongfully, I decided to say, 'Yeah, OK, I'll agree with that.' I have no problems," Tam said.
According to the opinion, Tam acted as a "permit expediter" -- someone who applies for building permits at the city Department of Planning & Permitting on behalf of a person or business. A permit expediter is also the liaison between the owner, contractors and architect, and the department.
"I'd go to the building department, follow the procedures, pull a number, wait in line. ... I also take reading material with me. And I do my work while I'm waiting," Tam said.
One of Tam's clients was a mainland company contracted to build American Eagle Outfitter's clothing stores at Ala Moana and Pearlridge shopping centers. Tam received $3,100 for handling three permits for the projects, the opinion said.
Tam's second client was the owner of two homes in Kaimuki. "According to the owner, as part of selling termite treatment service for the properties, Councilmember Tam agreed to act as the permit expediter for the repair permits," the commission said.
Tam said one of his noncity jobs is selling termite treatment service and giving estimates to homeowners.
"Basically, I went out for an estimate. Someone that I knew called me, and I gave 'em a price," said Tam. The homeowner also asked Tam to walk through a building permit for the home renovations at the city because the process was confusing to the homeowner, Tam said.
The Ethics Commission said Tam violated a portion of the City Charter that prohibits an officer or employee from appearing "in behalf of private interests before any agency."
Tam's defense was that he was using services as a private individual and that Council members are expected to have other jobs because of their part-time status.
"The flaw in Councilmember Tam's argument is that he was not seeking a building permit for his own property, but was representing a contractor and a homeowner," the opinion said.
This is the second time Tam has run afoul of ethics laws.
Last year, the state Ethics Commission accused Tam of misusing his legislative position for campaign purposes and misusing state resources when he was a state senator.
Tam served in the state Senate until he won a City Council seat in 2002.
While in the Senate, Tam used Senate letterhead to issue two news releases on economic issues that also included references to his running for the City Council.
The state commission decided not to pursue charges.
Tam said that both ethics complaints are part of a continuing campaign against him. "For a number of years, I've been a controversial figure because I'm not part of the old boys," Tam said. "So I have enemies."