RESOLUTION

WHEREAS, the public has expressed concern regarding the perception of conflict-of-interest situations in which government officials may be improperly influenced by outside parties; and

WHEREAS, disclosure of financial interests on the part of legislators and other state officials increases accountability and public trust in the legislative process; and

WHEREAS, from time to time an employee from an executive branch department is provided on loan to work in a legislator’s office; and

WHEREAS, section 79-19, Hawaii Revised Statutes (HRS), repealed in 2001 by Act 253, Session Laws of Hawaii 2000, authorized the Governor to allow executive department employees to take a leave of absence to render service at the Legislature; and

WHEREAS, without enabling legislation to authorize the loaning of employees, there is a serious question regarding the propriety of the practice because of the potential for conflicts of interest; and

WHEREAS, some private companies also sponsor personnel loan programs whereby executive employees are loaned to the Legislature to work during the session, which may raise conflict of interest concerns (for example, an employee of a major corporation in the office of a chair of a committee that regulates that corporation); and

WHEREAS, the practice of loaning employees by private entities raises questions regarding the applicability of section 84-11, HRS, which prohibits a legislator from soliciting, accepting, or receiving, directly or indirectly, any gift of service under circumstances in which it can reasonably be inferred the gift is intended to influence the legislator in the performance of the legislator's official duties; and

WHEREAS, the public supports a transparent and open government process where records and documents are easily accessible to the public and where its legislators are held accountable to the code of ethics as required by the State Constitution; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, the House of Representatives concurring, that the leadership of both the Senate and the House of Representatives are requested to each adopt a policy for the preparation of an annual disclosure report of all employees on loan to the respective body which shall be made public within seven days after the convening of each Regular Session; and

BE IT FURTHER RESOLVED that the report shall, at minimum, include information regarding the legislative position the employee on loan is assuming and the duties thereto, the legislative office the employee on loan works in, and the name of the legislative employer; and

BE IT FURTHER RESOLVED that the leadership of the Senate and the House of Representatives are requested to recommend, no later than January 2, 2004, to their respective body for adoption as part of each body's rules, a conflict-of-interest policy regarding the use of loaned employees working as legislative staff during session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate and the Speaker of the House of Representatives.

Report Title:

Legislative Staff Services