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On Politics Richard Borreca |
Lingle forgot the
No. 1 rule: Bring foodAt first it appeared to be a major ethical misstep for Gov. Lingle. In February she incorporated her CARE public school reform committee into a private nonprofit entity but did not divorce it from state government.
State workers answered the CARE phones, state computers were used to organize the work and state offices on the fourth floor of the state Capitol housed the CARE committee, all to lobby the Legislature for her education ideas.
When the operation was first criticized, Lingle dismissed it, but when a complaint was filed with the Ethics Commission, she sat right up and took notice.
Lingle hired an attorney, dispatched her chief of staff to see what the problem was and cleaved CARE from state operations. But the fact remains that Lingle's initial actions were in violation of the state ethics law.
Lingle sought to immunize herself from political damage by bringing up the case herself during the GOP convention and by saying that the law calls into question other state resources used by or for private nonprofits, such as Aloha United Way.
The law is clear: State employees or legislators cannot use "state time, equipment or other facilities for private business purposes," defined as any entity that is incorporated or doing business "whether or not operated for profit."
But, according to Dan Mollway, executive director of the state Ethics Commission, Lingle need not worry about the Aloha Unity Way because in 1976 the commission said it was proper for certain nonprofits to use state workers and equipment.
"To say that the state as an employer cannot assist the needy is ridiculous," Mollway said.
In essence, Mollway says that although an exact reading of the law says no private nonprofits can use state workers, "we are making the leap to say that this private purpose is so broad as to constitute a public purpose, and we say those instances don't violate the ethics code."
But if a charity were formed to help "wounded members of al-Qaida," the commission would not see that as a public purpose, Mollway speculated.
Other groups and businesses can use state facilities and equipment if they are invited to come and lobby the Legislature.
For instance, every year, the Hawaii Government Employees Association hosts a Hawaiian plate lunch for lawmakers at the state Capitol. Legislators get to chow down and talk story with Russell Okata and other HGEA leaders. That's OK, Mollway said, because state resources are being used for a state purpose -- for lawmakers to meet with persons or entities doing business with the Legislature.
Private businesses also wine and dine the Legislature at the Capitol. For years the Hawaii Restaurant Association would throw a party for lawmakers in a Capitol conference room. And right before crucial votes this year, House Democrats had dinner in their caucus room courtesy of various public unions. Mollway says private entities can host lawmakers, as long as the lawmakers invite them.
So it is no wonder Lingle got confused about the ethics code. Her mistake was not in forming the committee, but in not having CARE set up a plate-lunch wagon in the Capitol rotunda.
See the Columnists section for some past articles.
Richard Borreca writes on politics every Sunday in the Star-Bulletin. He can be reached at 525-8630 or by e-mail at rborreca@starbulletin.com.