State workers largely
avoid once-common
industry giftsEthics disclosures show an
end to the free trips, tickets
and golf club memberships
The expensive gifts, by and large, are gone.
The complimentary country club memberships. The overnight stays at fancy resorts. The shipboard cruises.
All gone.
Take a look at the gift-disclosure statements filed recently by state workers, and you'll find few gifts approaching that rarefied level.
That wasn't the case the previous two years when state workers, especially legislators, reported receiving country club memberships, free trips to play in neighbor island golf tournaments, batches of Pro Bowl tickets, free concert tickets and other gifts that appeared to easily cross the line for what is acceptable under the state's ethics laws.
The difference between this year and last has not gone without notice.
"It's almost like night and day," said Dan Mollway, executive director of the state Ethics Commission, which is keeper of the disclosure statements and monitors compliance with the law. "The change has been very significant."
The change, to some degree, has been triggered by unflattering publicity.
The Legislature, for instance, halted its annual tradition of getting complimentary privileges during the session at two of Oahu's most exclusive golf clubs after the Star-Bulletin reported on the practice.
The Lingle administration also put a stop to state regulators receiving gifts from companies they regulate, making reimbursements in several cases, again after the newspaper inquired about the practice.
Following the publicity, Mollway sent a memo to all 76 legislators to remind them of what is permitted under the law. The commission also continued investigations into multiple cases from the previous two years.
Mollway said the increased scrutiny has had a positive impact, as demonstrated by the dearth of questionable gifts on this year's disclosure forms.
Whether the change reflects legislators and other state workers accepting fewer eyebrow-raising gifts or employees simply not reporting the booty is difficult to gauge, some say.
They also say the change might be partly because companies and lobbyists, in the wake of the negative publicity, are less inclined to give lavish gifts.
Despite the increased attention, some gifts reported on this year's forms continue to raise red flags. The annual forms cover the one-year period that ends June 1 and must be filed by the end of June. A state worker is required to disclose gifts if the gifts are valued at more than $200 from any one source and the worker is likely to take action affecting that source.
One gift that was under the $200 threshold but was reported by several legislators raises questions about recreation funded by lobbyists.
The Hawaii Hotel & Lodging Association, a key lobbying group in the tourism industry, paid more than $1,500 for nine state legislators to participate in the association's annual golf tournament, held in September at the New Ewa Beach Golf Club, according to a lobbying report the hotel group filed with the commission. The tournament fee was $170 each, an amount reported on the gift disclosures by Sen. Cal Kawamoto and Reps. Jon Karamatsu and Glenn Wakai.
The tournament raises money for the association's scholarship and education programs.
Also participating in the tournament, according to the lobbying report, were Sens. Willie Espero, Lorraine Inouye and Norman Sakamoto and Reps. Jun Abinsay, Ezra Kanoho and Romy Mindo. Mindo's office said he is not a golfer and didn't play in the tournament, but went to socialize and talk to industry officials about their concerns.
One of the chief questions raised by the gift: Should a lawmaker allow an industry group that regularly lobbies the Legislature to pick up the tournament tab for golfing, food and drink?
James Benton, an analyst focusing on ethics and lobbying issues for the watchdog group Common Cause in Washington, D.C., said the practice is disturbing, especially because the general public isn't afforded similar perks.
"A situation like this is definitely going to create an appearance that the hotel industry is going to get some favor in return," Benton said. "It's definitely troubling."
But several legislators denied that the gift would unduly influence them and said such an event provides a good opportunity in a leisurely setting to get better acquainted with key industry people and what their concerns are.
"It's a relationship-building opportunity," said Sakamoto, a member of the Senate Tourism Committee. "It's broader than just lobbying."
"This is just like any lobbyist taking a legislator out to lunch or dinner," said Espero, who added that attending the tournament supports the golfing industry in his Ewa Senate district.
Wakai, as a freshman legislator and a member of the House Tourism committee, viewed his participation as a learning experience but acknowledged that members of the public might not share his viewpoint.
"I can see from the public's perspective they don't see it as such," said Wakai, who added that he probably would not participate in this year's tournament if invited.
The hotel association invites all elected state and county lawmakers to the Oahu tournament, but it's mostly attended by Oahu politicians, according to Murray Towill, association president.
The purpose of the tournament is to raise money for scholarships, and the legislators are invited as a goodwill gesture, Towill said.
Mollway said the commission has not addressed a case similar to this, leaving unclear whether such a gift would be allowed under state law.
Chuck Totto, Mollway's counterpart at the city level, said the city's ethics regulations generally would permit such a gift if the value didn't exceed $200 and the Council member wasn't lobbied about a specific bill while at the tournament.
Besides the golf tournament, there were a few other gifts that raised questions. Among those:
>> Rep. Cindy Evans received $250 worth of gift certificates from Morton's Steak House at Ala Moana Center. The Big Island legislator said she's never been to Morton's, hasn't talked to anyone from the company and doesn't remember what became of the coupons.>> Sen. Suzanne Chun Oakland reported receiving a $700 pendant from a store owner. Chun Oakland said the gift came from a longtime friend who has no business before the Legislature.
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