Education nonprofit
hits more legal snagsThe Lingle-formed group fails
to report lobbying expenditures
as required by law
The private group that Gov. Linda Lingle's administration created to promote her education initiatives appears to have broken another state law, this one dealing with lobbying.
Citizens Achieving Reform in Education apparently violated regulations requiring organizations to report lobbying expenses over a certain amount to the state.
CARE has reported no such expenses this year even though it easily topped the $750 threshold in a given reporting period at least once, according to CARE figures.
The nonprofit organization, formed to raise money and lobby for Lingle's education initiatives, previously said it was paying the more than $13,000 for radio ads that ran statewide in late March and early April. The ads urged listeners to call legislators to seek support for the governor's proposed reforms.
Among its other lobbying activities, the group purchased CARE T-shirts and caps that were distributed to supporters who lobbied or attended legislative hearings during the recent session.
Any organization that spends at least $750 on lobbying in a given reporting period must file an expense report with the Ethics Commission. The filing deadlines for two reporting periods this year -- January-February and March-April -- have since passed, and CARE did not file reports for either one.
Phone calls to Bob Awana, president of CARE and Lingle's chief of staff, were not returned Thursday or Friday. He was asked to explain why no reports had been filed -- a question that the Star-Bulletin raised with him in April, after the deadline for the first reporting period had passed. At that time, Awana said he didn't know the answer.
Critics say the apparent law violation involving CARE belies the Lingle administration claims of wanting to restore the public's trust in government.
Similar criticism was voiced when the Star-Bulletin in April reported that CARE had been transformed from a governor's advisory group into a private fund-raising and lobbying organization while still being operated from her office.
At that point, CARE had raised $80,000 in private donations.
The Star-Bulletin article triggered two complaints to the Ethics Commission, which opened an investigation and determined that Lingle broke the law by using state resources to benefit a private organization.
Lingle told the commission the law was broken unknowingly, apologized and obtained nearly $30,000 from CARE to reimburse the state for use of public resources.
Told about the lack of lobbying reports, some critics last week reiterated their concerns about Lingle's handling of CARE.
"I'm staggered because this is supposed to be the anti-corruption, we're-restoring-trust-in-government administration," said Ira Rohter, a University of Hawaii associate professor of political science. "This isn't corruption, but it's certainly playing with the rules. You have to wonder: Isn't there an adult in charge?"
Democratic House Majority Leader Scott Saiki said, "The law makes clear that lobbyists must publicly disclose their expenditures. This is particularly important with respect to CARE, since the Governor's Office administered CARE and co-mingled CARE funds with taxpayer funds."
Saiki called for another Ethics Commission investigation.
Shortly after the commission launched its initial probe in April, Lingle severed ties to CARE but questioned whether the complaints to the panel were politically motivated. The Republican governor's education proposals by then were faltering in the Democrat-controlled Legislature.
By late May, Lingle acknowledged breaking the law unintentionally and arranged for CARE to pay back the state. The commission concluded that no further action was warranted.
Dan Mollway, the agency's executive director, said he couldn't comment on whether the panel will investigate the latest disclosure.
But generally speaking, the commission's policy is to initiate an inquiry "when we see a legitimate basis for doing so," he said.
Mollway said the commission in the past has considered as lobbying expenses the cost of radio and other advertisements that urge people to contact their legislators.
"If an organization reaches the threshold amount doing that kind of activity, then they have to file an expenditure report for the relevant period," Mollway said.
The commission can fine an offender of the lobbying law up to $500 per violation.