Sunday, November 24, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, April 14, 2019
Ethics: How Interest Group Can Plant its own People on State Payroll to Solicit Money
By News Release @ 6:19 PM :: 4923 Views :: Ethics, Greenmail

HAWAII STATE ETHICS COMMISSION

ADVISORY OPINION NO. 2019-2 February 28, 2019

A state employee requested an Advisory Opinion from the State Ethics Commission (“Commission”) as to whether his state agency (“Agency A”) may create a position to research and secure federal and private sector funding to address an issue of concern to Agency A. The position would be funded by donations from the private sector to a second state agency (“Agency B”). The new employee would be an employee of Agency B but would work under the direction of Agency A. …

This proposal, therefore, involves two different solicitations of the private sector: the first solicitation – ostensibly performed by Agency A employees – would be to raise funds to create the position itself; the second solicitation – performed by the new Director – would seek funding to address the issue of concern to Agency A.

The Ethics Code does not prohibit Agency A from pursuing this project. However, the Commission cautions Agency A personnel, including the new Director, regarding potential ethics issues that may arise when soliciting the private sector for donations. …

In determining whether a solicitation of the private sector is coercive, the Commission examines factors such as (a) the relationship between the soliciting state agency or employee and the solicited private sector individual or organization and (b) the language or form of the solicitation. A solicitation from a state agency that regulates, inspects, or has similar authority over a private sector entity is more likely to be perceived as coercive than one that originates from an agency that does not have that sort of power or control over the private sector organization. Similarly, a solicitation that uses language that creates the impression that a donation is required or expected, or that there would be negative consequences if a donation is not made, is likely to be seen as coercive….

Solicitations that come directly from high-level state officials (such as the head of an agency) and are targeted at specific private entities could be problematic. Commission has previously opined that solicitations that target certain private entities and not others may be perceived as unfairly selecting the targeted entity for a special burden. The state agency, therefore, should take great care if soliciting from private sector entities with which the State does business. Such solicitations could raise concerns if it appears that the State is pressuring the private entity to contribute as the cost of doing business with the State.  …

Alternatively, there may be entities that would like to contribute (as a marketing opportunity and to create good will within the community) and – if not given the opportunity to donate – may believe that they were unfairly omitted from consideration. …

read … Full Report

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii Military History

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Together

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

July 4 in Hawaii

Land and Power in Hawaii

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

MentalIllnessPolicy.org

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Parents Org Hawaii

NFIB Hawaii News

NRA-ILA Hawaii

Obookiah

OHA Lies

Opt Out Today

Patients Rights Council Hawaii

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

RailRipoff.com

Rental by Owner Awareness Assn

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

School Choice in Hawaii

SenatorFong.com

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii