Capitol Notebook » Thicker than water

Thicker than water

April 24th, 2008 by Derrick DePledge

State Rep. Tommy Waters, D-51st (Lanikai, Waimänalo), will make a final play for a nepotism bill today just hours before the deadline for non-fiscal bills to move.

The state House had passed a nepotism bill and named conferees but the Senate did not follow after it became known around the building as “That Josh Green Thing?”

Waters, the chairman of the House Judiciary Committee, has taken a separate ethics bill that carried over from last session and will swap in nepotism language favored by the state Ethics Commission. He will not include the provision barring lawmakers from getting state contracts worth more than $10,000, which touched off the problem with Green.

Conference committee talks are scheduled for this afternoon. “It’s a good bill,” Waters said last night as his staff worked on a conference draft. “I think it’s necessary. And Dan Mollway really wants it.”

Mollway, the executive director of the Ethics Commission, has sent letters and memos to lawmakers arguing it would be unfortunate for the nepotism bill to die because of the state contracts provision. “All people in Hawai’i deserve a chance to obtain a state job,” Mollway wrote in one memo last Friday. “Nepotism is just wrong, and should be abolished.”

Here’s Mollway’s suggested language:

No legislator or employee shall appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in the state agency in which he or she is serving, or over which he or she exercises jurisdiction or control, any individual who is a relative of the legislator or state employee.

Update: Waters’ proposal is dead. State Sen. Brian Taniguchi, D-10th (Mänoa, McCully), the chairman of the Senate Judiciary and Labor Committee, said this afternoon that he was not comfortable moving the bill this session but encouraged more discussion during the interim.

Meanwhile, on the Waters v. Green front, the fun continues.Green, D-6th (N. Kona, Keauhou, Kailua-Kona), gave The Advertiser a statement yesterday on his Hawaiçi Health Corps proposal with four possible quotes for use in the newspaper.

Here’s No. 4, which was scrawled in handwriting:

“Tommy Waters and I are best friends.”

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9 Responses to “Thicker than water”

charles:
April 24th, 2008 at 5:42 am
I haven’t been following this nepotism bill all that much. So would it mean the governor would not be able to do anything for a relative who wants to work for the state?

And we’re assuming that hiring your best friend is okay but not your brother?
hipoli:
April 24th, 2008 at 6:33 am
So, if a father-in-law becomes, say, the Chief of Staff - he couldnt allow that his daughter-in-law be hired anywhere in state government because an argument certainly can be made that the COS exercises jurisdiction and control over all state departments,? What if those individuals are incredibly qualified and/or experienced? Take the AG and his wife? So when Mark became AG (and imagine his wife wasnt currently working in the AG when he took over), Mark’s wife wouldnt be able to get a job anywhere in state government, because again an argument can be made that the AG exercises jurisdiction over all state departments, even though she’s a highly qualified, brilliant attorney? What if someone is a lifetime state employee, twenty years ago fell in love with and married his/her coworker (it happens all the time!), then becomes Director, and that coworker legitimately applies for a promotion within the department that would render that person to serve under that Director?

Oh come one - I can think of more scenarios where a person would be left out of an opportunity for job that he or she would otherwise have just because that person is related to a political-somebody? In my opinion, this current language is too extreme and completely discounts and almost appears to discriminate against perfectly qualified individuals.
charles:
April 24th, 2008 at 9:49 am
hipoli has salient points, as usual. Frank Fasi hired his daughter to be his executive secretary when he was mayor. His take? Hey, she’s qualified and I trust her. Sort of hard to argue against that.

It seems to me the best remedy to prevent blatant abuse is disclosure. Have all state employees who have authority to hire/fire/promote fill out an ethics form annually (which most do anyway) that lists all relatives under their jurisdiction. The media can choose to have a field day with it and the ultimate “boss” whether it’s the governor or legislator has to take the heat. And if the voting public thinks it sucks, throw the bum(s) out.

It’s really no different than the gift law. All employees must report all gifts over $200 in aggregated value. It’s public record and if the media or an interested citizen wants to see it and draw conclusions, they are free to do so.
Otherwise, Hawaii could be like Minnesota that bans all gifts of any value. So if the governor went to an event, she couldn’t accept a lei or a pen from a school, etc.

A bit extreme, no?
myview2:
April 24th, 2008 at 10:15 am
I support the nepotism bill. It does not prohibit a relative from working for another agency within government; except, the higher one is, the more restrictive it gets. No matter how qualified a relative, it is the appearance that is important.
We cannot allow potential favortism from creeping into the workplace. Further, there a many well-qualified applicant out there that can do a good if not better job than a relative. This bill will not degrade the performance of the agency. While rampant nepotism is allowable in the private sector; the public sector should avoid any potential conflicts or problems that may arise due to nepotism. If the relative is good, he or she will be able to obtain another job without much trouble.

Government must be fair in its employment practices.
Andy Parx:
April 24th, 2008 at 10:41 am
What is a relative? Nowadays when Obama is related to Chaney it’s meaningless. If a distant cousin I never heard or met and married a distant cousin of the mayor does that prevent me from getting a job with the county? Cronyism is a lot more a problem than nepotism. This still doesn’t prevent the more heinous and usual situation where a pol’s spouse or kids get a no-work consulting contract in exchange for a vote on a special interest piece of legislation.
hipoli:
April 24th, 2008 at 12:45 pm
its the appearance that is important?? not the individual’s rights???

Potential favoritism from creeping into the workplace? My goodness, where the heck do you work (or do you even work)? Favoritism will always be alive and well, with or without this bill- its called successful ass-kissing.

Charles’ idea for disclosure is more on track. I think the objective of the measure would be better served by striving towards transparency in hiring, as opposed to abolishment. Still, Andy makes another good point - what is or is not a relative — especially in Hawaii? The second cousin of the sister of my brother in law?
Doug:
April 24th, 2008 at 4:53 pm
I seem to recall Mollway (or somebody) floating language about “degrees of sanguinity” to define relatives. No exact quote for you, though.
charles:
April 24th, 2008 at 5:36 pm
Most bills of this sort generally define “relatives” and the ones I’ve seen limit it to “direct” relatives such as parents, grandparents, children, grandchildren, brothers and sisters, etc. So you don’t have to worry about your tenth cousin on your former mother-in-law’s side.

As far as not preventing relatives from working for the state, it’s been stated that for people ike the governor; well, that would be the entire state, no? So here’s a real example: you get elected governor. From that point on, any relative that works for the state will no longer be able to get promoted, appointed, etc. So that relative has two choices: quit or stay in their current position until the governor is no longer in office. Just so there is no perception of favoritism? A very high bar, indeed.
Sunny K:
April 27th, 2008 at 7:18 am
Umm…would the nepotism bill count for all the “hanai” activity going on in this state?

For example, “Uncle Bob” is not really my blood uncle, he’s just my dad’s best friend from high school….” so my job isn’t included…

So being awarded a higher salary and adminstrator to a state division that one has absolutely no clue or qualification would not fall under nepotism law?

What a joke!