P. O. Box 235026 | Honolulu, HI 96823
my.lwv.org/hawaii | 808.377.6727 | voters [at] lwvhi.org
Link to PDF Letter
February 14, 2022
sens [at] capitol.hawaii.gov
reps [at] capitol.hawaii.gov
Aloha Hawaii State Legislators:
As the League of Women Voters celebrates its 102nd Anniversary this week, we reflect on the events of the past week in Hawaii. We learned of the possible abuse of political power by two members of our legislature who allegedly accepted bribes in exchange for votes on legislation. Allegations such as these cause the public to lose faith in democracy.
It’s made us think about how to restore that faith and prevent this from recurring. Therefore, we offer our suggestions. Our comments reflect the fact that League members are active and participatory citizens at the Legislature and concern steps only the legislature can take.
As Dr. Martin Luther King, Jr. said, “[W]hile it may be true that morality cannot be legislated, behavior can be regulated.”(1)
Broader Citizen Participation
First, open the Capitol to in-person visits as soon as possible, so the people you serve have additional access to their elected legislators, instead of “by appointment only.” Also make permanent remote testimony and broadcast efforts which have proven invaluable to neighbor island, kupuna and many Oahu residents.
Like other work situations, incumbents are reluctant to criticize colleagues, knowing this could affect a colleague’s re-election (“job”) as well as the reputation of the Party itself. Faced with firm evidence of bad business behavior, private sector whistleblowers can usually report to the boss. Here, the public is the “boss”, and it is essential that the public ensure our employed legislators act in the public interest, rejecting candidates who use corrupt practices. Therefore, the public deserves to know who they are voting for. We ask that you pass SB3226, a bill supporting production of a voter education pamphlet.
As a democracy, we should welcome all who express interest in elected office and make it easier for them to enter politics by creating alternatives to the “big money” campaign recipe which underlies the current episode. Nothing contributes to the insular situation we have like a campaign “war chest” built by a hui of long-term dependable donors. Furthermore, term limits should be considered to encourage newcomers with fresh perspectives.
Rewards and Incentives
We don’t ignore your salaries. The FY 2022 base salary of $62,604 plus $225/day for neighbor island legislators who spend work time in Honolulu is reasonable for part-time employment. We do not support having a full-time legislature, but this total would not be enough to pay the annual cost of living in Hawaii. Many of us have experienced how a modest income creates financial stress. Hawaii’s high cost of living might incent people to accumulate debt and look for expedient ways to control it. Even more reason to make campaigning for office and reelection affordable – even free – for public minded citizens. Establishing donation limits is not possible because of the U.S. Supreme Court’s decision in Citizens United v. FEC, but the League now calls on you to enhance the public financing program for Hawaii candidates. And for the time being – be bold -- pass the entire 2022 Campaign Spending package. Drafters of this package do not have a partisan agenda; the bills would clarify reporting requirements, strengthen the Commission’s ability to investigate and prosecute claims and raise the fines for violation of our laws.
Legalized gambling factored into this scandal. Donating in the form of poker chips, for example, is an established method for money laundering and evading disclosure of gifts to public officials. Please continue to oppose legalized gambling in Hawaii. Empirical evidence shows it provides an outlet for the corrupting influence of big “dark” money.
Shared Decision-Making
Changes to House and Senate rules will not cure corruption, because such rules lack the force of law. However, the current rules of the Senate and House may contribute to ethical troubles. Committee Chairs should share more decision-making on which bills are heard or deferred. Chairs should take a vote in public on what is to be scheduled.
This reminds us of the problem of too little “sunshine” in conference committee sessions. We call for posting written material (including emails) exchanged among Committee members before conference decision-making meetings.
Improved Codes of Conduct
It will take future legislation to strengthen parts of the State Ethics Code and Campaign Spending laws. We have already taken positions on certain related bills under consideration in this legislative session.
Unfortunately, we now find many legislators are apparently tone-deaf to common-sense precautions such as limiting the amount of campaign donations they can give to community organizations. Despite good intentions, this has the appearance of vote buying. Therefore, we oppose SB2417. Testimony on the bill was entirely in opposition yet the bill moved on after its first hearing. We hope you will accept the recommendations we made in our testimony, eliminating what has become a widespread practice.
The public reporting of the current scandal “luckily” occurred during the legislative session when all parties were aware of bills before the legislature and details could be easily identified. Let’s not make campaign violations any easier by allowing fundraisers during session when people are keenly aware of bills and feeling the time pressure.
More public information focused on lobbying would be instructive. We shouldn’t forget that “it takes two to tango,” meaning that elected officials need a partner to pull off corruption. The League of Women Voters, like other political advocates, is part of the Capitol’s advocacy culture, so we work hard to maintain our credibility, truth telling and transparency. Without making campaign donations that’s all the political capital we have. Paid lobbyists have voluntary norms and ethical guidelines such as those found on the National Council of State Legislatures website: https://www.ncsl.org/research/ethics/tools-of-the-trade-guidelines-to ethical-lobbying.aspx . But please continue to support the State Ethics Commission and its regulations that require registering as a paid lobbyist, as well as disclosing any expenses related to legislative advocacy. More publicity is needed so that the public is aware that these regulations apply to everyone, not just professional lobbyists.
On the question of gifts, it’s not appropriate to routinely accept “gifts of aloha” or free meals from people who want to influence legislation. State legislators should NOT be exempted from either gift limitations or gift reporting requirements that apply to all other public employees. For that reason, we oppose HB1871 and urge you not to pass the measure.
Conclusion
We respectfully ask you to act on the specific legislation, already under consideration this session, which offers prospects for preventing another serious ethical breach, and work so that by the start of the 2023 session other reforms can be achieved at the Legislature.
Sincerely,
Donna Oba, President
League of Women Voters of Hawaii
cc: Civil Beat (news [at] civilbeat.org)
(1) Taped speech on December 18, 1963 at Western Michigan University, Western Michigan University Archives and Regional History Collections and University Libraries.