[ OUR OPINION ]
End corruption involving
govt. contractorsABOUT 70 major government contractors have been fined more than $1 million by the state Campaign Spending Commission in the past four years. Allegations of companies contributing to political campaigns in return for county or state contracts have resulted in numerous arrests and charges in the continuing investigation by the city prosecutor's office. Legislators should stop the potential for further corruption by barring government contractors from contributing to political campaigns.
THE ISSUE
The House is considering a bill to bar contributions to county and state political candidates by county and state contractors.
The Legislature approved such a ban two years ago, but then-Gov. Ben Cayetano vetoed it because it was limited to campaigns of candidates for governor, lieutenant governor and mayor, those who have the power to award contracts. A version of that bill died in last year's Legislature after it had been weakened by Sen. Cal Kawamoto, who has received $50,000 in campaign donations from city and state contractors over the past seven years.
Although Kawamoto has no power to award state contracts, he is a deserving beneficiary of such generosity from contractors for keeping the corrupt system intact. However, his capabilities to continue doing so are limited; Kawamoto cast the only dissenting vote last week when the Senate approved the latest version of the proposal.
The Senate-passed bill would prohibit any company official who has contributed money to a county or state political candidate or campaign committee from being awarded a government contract for a full year. It would prohibit government contractors from making such contributions for two years following the completion of their contracts. The bill also would prohibit cash contributions of more than $100, allowing investigators to trace the source of larger donations.
The proposal banning contributions by contractors is similar to a law governing federal campaigns. The U.S. Supreme Court's upholding of that law refutes the suggestion by some that such a ban would infringe on company officials' constitutional right to free speech.
Last year's Legislature enacted a law requiring that directors of state agencies appoint committees of professionals to assure that contracting decisions are based on merit, not politics. In addition, the state Procurement Policy Board in September approved an administrative rule allowing it to initiate proceedings to bar any contractor fined more than $5,000 for campaign spending violations from bidding on state contracts. Fines levied by the Spending Commission average about $10,000.
Those measures and aggressive investigations by the commission and city Prosecutor Peter Carlisle have helped in the battle against corruption, but an outright ban on political contributions by government contractors is warranted.
The Senate-approved bill contains an effective date of 2040, a change made in the Senate Ways and Means Committee "to facilitate further discussion." That discussion has spanned years, and the time has come for the bill's enactment, with the reversal of the last two digits.
