Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Intergovernmental Affairs, to which was referred S.B. No. 1548 entitled:

begs leave to report as follows:

The purpose of this measure is to enact an ethics law to govern the process of selecting county ethics commissioners.

Your Committee received testimony in support of this measure from the Hawaii State Ethics Commission (Commission) and the League of Women Voters.

Under this measure, the process of selecting members of county ethics commissions must be in a manner that assures impartiality and independence, including ensuring minimum involvement in the process by persons over which the commission has oversight. A county ethics commissioner must be selected on the basis of integrity, impartiality, and independence.

Your Committee notes that Article XIV of the State Constitution provides that "Ethics commissioners shall be selected in a manner which assures their independence and impartiality." This measure carries out this constitutional mandate.

According to testimony of the Commission, the current process in the four counties of the mayor selecting a board member and confirmation by the county council does not comport with the constitution. In contrast, the selection process for board members of the Commission is independent and impartial. Applicants for a vacancy on the Commission must apply to a state board known as the Judicial Council, which is attached to the Hawaii Supreme Court. After reviewing the applications, the Judicial Council selects two individuals whose names are forwarded to the Governor. The Governor then selects one of the two names to fill the vacancy. There is no Senate confirmation. Your Committee finds that the state process assures independence and impartiality. Your Committee urges the counties to adopt a similar process, perhaps with the advice of the Executive Director and General Counsel of the Commission.

As affirmed by the record of votes of the members of your Committee on Intergovernmental Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1548 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.