The Issue of Conflicts of Interest Leading to a Corrupt Government

Introduction

Representation of a people is a moral and binding contract between the constituent and the leader given power by the people. Legislators have an obligation to their people to be as transparent as possible. Although conflicts may arise when decision-making and creating bipartisanship is complex, the ethical obligation is to make decisions based on constituents' issues, not the legislature's interest dilemmas. A conflict of interest can be defined as "a situation in which a person is in a position to derive personal benefit from actions or decisions made in their official capacity" (Oxford Dictionary). A conflict of interest is not just an anatomical bomb of a discussion within legislatures but is a real issue. Legislatures' jobs are only temporary as their career as a politician is based upon being reelected, but the overall full-time career is the central dilemma. Many politicians today are lawyers, businessmen/women, farmers, and jobs that policy is created for beneficial or good use. Although there are no defined ethical rules on how to be a politician, conflicts of interest are why governments become corrupt. Although corruption can be seen as a scary word for the American government, the system is corrupt. It is not a hidden fact that corruption is upon this government, but it is not discussed enough. Corruption may be seen as a failed government rather than a failed politician, but it is a government failure for not being fixed. Corruption can be defined as "dishonest or fraudulent conduct by those in power" (Oxford). 

The vital connection between conflict of interest and corruption is that one leads to another, causing a failed government for the people. The people vote in legislators to improve policies for the people; why can they improve policies or create policies that will have personal gain to their businesses or careers? All legislators should be held accountable for recognizing their conflicts of interest when creating policies. With the temporary position legislators hold, their full-time careers should not have a say on the agendas they push in office. Legislators are voted by the people, for the people, and should not be voting on or creating policies that benefit their gains and not their constituents. Legislators involved in any legislative measures with direct or indirect ties should not be able to vote for those measures where there is visible bias. Whether the solution is denying a vote or a legislator recognizing the conflict of interest, actions need to be taken. Better policies are needed for legislation to prevent these types of actions from occurring, especially in the State of Hawaii. Transparency is what is best for the people. 

Conflict of Interest and Ethical Issues Within the Hawai'i Legislature

In recent years in the Hawai'i State Legislature, the ethical issue regarding conflict of interest has been highly recognized in the press, the public, and the legislation itself. A Civil Beat article, It's Simple, Lawmakers: If You Have A Conflict, Don't Vote, written by its board, brought up the recent vote of Hawai'i House Majority Leader, Representative Della Au Bellati. Representative Bellati is a lawyer and is currently employed by the law office of Eric A. Seitz. Senate Bill (S.B.) 3041 was being voted on in the House in March, and Representative Bellati had raised a concern as a potential conflict of interest. S.B. 3041 is part of a package of bills created by Governor David Ige in response to a few legal cases against the state and requests appropriations for these cases. Representative Bellati's firm had worked on one of the cases referenced for appropriations, but Vice Speaker John Mizuno responded with "No conflict." Representative Bellati can be respectable, but her actions to vote on this measure, even if it was for a good cause, ruins the integrity of policymakers. Civil Beat Honolulu has a series on conflict of interest and has been concerned with the issue for about a decade. The same article discussing Bellati's vote on S.B. 3041 references a 2011 legislator vote of former Representative Joe Souki put on blast by John Oliver's show, Late Week Tonight. Joe Souki is a former Senator of Maui and was also a consultant for chemical companies. John Oliver was talking about state legislation's essential impacts on the U.S. and the importance of voting during elections. John Oliver discusses the lack of oversight on state legislation and the issue of conflict of interest as a self-reporting item. Oliver then shares a clip of former Representative Joe Souki in 2011 reporting his ethical dilemma on a measure he should not vote on, but 2011 House Speaker Calvin Say said there was "No Conflict." The measure was based on a vote in the plastic industry, something Representative Souki had consulted with. Although this was an issue in 2011, there is no present change in the effects of voting with no conflict of interest. Without the House Speaker challenging an actual conflict, it brings a bigger ethical question to the state legislature. What is the power dynamic within the Hawai'i State Legislature like?

In an interview with running candidate Kim Coco Iwamoto, she recognized the grander scheme of ethical issues. With the House Speaker and the Senate President having great power, they have the power to make decisions on measures and issues introduced by other legislators. However, they also have the power to silence legislators and take that power away from them. The conflict of interest issue is a grander scheme of the ethical issue of the power dynamic within the legislator that needs to be recognized. Candidate Iwamato brings up the Sunshine Law as one of the most contradictory laws, "The Sunshine Law is a law for public transparency, but this law does not apply to legislatures." The Sunshine Law is an ethical law that gains the trust and transparency of the public. How is it that the law that requires transparency to the people may not apply to the corrupt and overbearing lawmakers? As stated by Mrs. Iwamoto, "It's disgusting."

          Iwamoto is an advocate for ending corruption within the legislature, hence why she is running against House Speaker Scot Saiki to end the antics of corruption and give transparency to the public. Four privileges need to be recognized for the potential conflict of interest: attorney-client privilege, doctor-client privilege, clergy-penitent privilege (religious), and husband and wife privilege. Recognizing these privileges is essential as all three major powers within the House of Representatives are all practicing attorneys. As a practicing attorney, Kim Coco Iwamoto states in her piece published by Civil Beat, "Lobbyists are required to disclose who is paying them to persuade lawmakers to pass or kill a bill; however, lawmakers hired as private attorneys by these same interests are bound by law to keep their attorney-client relationships confidential… Why would an agrochemical corporation, government contractor, or a construction developer hire a regular lobbyist when they can hire an attorney who is a legislative leader with unilateral power to get the job done?". In recognizing the possible payout certain legislatures may receive, financing within the legislature is another ethical issue. Ethical issues are a significant unrecognized issue, and Iwamoto brings up some cases that the interview ethics committees will not recognize. 

Iwamoto discusses some instances in the interview. Iwamoto goes into length about the grant program the legislature has that can and has been a profitable way for legislators to earn more money. The grant program is a program in which a legislator can choose nonprofit organizations to receive funding from the government. Conflict of interest issues arise from this because of legislators' involvement in funding these nonprofit organizations. An example Iwamoto brings up is regarding Senator Michelle N. Kidani of the 18th Senatorial District Map Mililani Town, a portion of Waipi'o Gentry, Waikele, Village Park, and Royal Kunia. Senator Kidani has provided the Oahu Veterans Center with a grant. There is an ethical conflict because there has been evidence of discounted services provided to those residing in Mililani Town, a part of Senator Kidani's district. The Oahu Veterans Center is a nonprofit organization in Honolulu that provides mobile services throughout the island of O'ahu if needed. Mililani is a well-known suburban area of O'ahu with property owners and wealthy residents. This is an example of a more significant ethical issue regarding the grants given to specific organizations. Iwamoto's other examples consist of legislators being a part of the boards of nonprofits. This is a significant issue as this circulation of government funds pollutes the legislation. Iwamoto also mentions that if a legislature were to bring these ethical issues up or raise a complaint about how certain things work, their legislative power within the governing body would be stripped from them. The Hawai'i State Legislature has an exciting way of functioning where the "yes" vote is the only way you are allowed to vote, or you follow everyone else's vote. "If you do not vote a certain way or speak out, you will get nothing done for your community. You give these promises to your community, but you have to lie to get anything done" (Interview with Kim Coco Iwamoto). Conflict of interest is a significant issue within the legislature, and the fight for change is adamant. However, those in power in the legislative process want to avoid this. 

How This Occurs at The Federal Level

Another critical case to recognize is U.S. Representative Kai Kahele of Hawai'i's 2nd Congressional District case. It is of public notice that Representative Kai Kahele is a pilot for Hawaiian Airlines. This is an essential factor as an article by Civil Beat Honolulu titled Documents Show U.S. Rep. Kai Kahele Has A Special Deal With Hawaiian Airlines by Nick Grube discusses the central issue. The article discussed that although Kahele will only be a part-time pilot for the airlines, it is an excellent opportunity for Hawaiian Airlines and associated affiliates to pass legislation with someone on the inside. Representative Kahele's assigned committees are the House Transportation and Infrastructure Committee and the House Armed Services Committee. Representative Kahele is an experienced member in both fields as he has experience as a pilot, as well as someone who has served in the U.S. military. Being experienced and a potential conflict of interest within the Air Line Pilots Association and Hawaiian Airlines is the same. This new policy is in favor of Kahele's continuing to work as a pilot and as a congressman. Grube states in his article that "the new policy felt like special treatment for someone who could help the company's bottom line." Grube continues throughout the article and describes Kahele as a potential golden egg to pass new legislation since they have created new policies just for Kahele. This type of interaction and underground activity does not give the transparency the public needs and is just another way for corruption to thrive in other cases.

As corruption is well known to end democracies, the issue of conflict of interests has impacted even the highest-ranking official in our government. The forty-fifth President, Donald Trump, has been recognized as one of the most ethically problematic presidents of the 20th and 21st centuries. A chapter of How Democracies Die, written by Steven Levitsky and Daniel Ziblatt, challenges Trump's problematic issues against the nation's ethical guardrails. With events such as the response to the Russia Investigation and the horrific attack on democracy, the January 6th Insurrection, Donald Trump was not an ordinary president. Authors Steven Levitsky and Daniel Ziblatt write about the presidential guard rails enacted by legislation to keep the president's power in check. Levitsky and Ziblatt recognized throughout the chapter that the guard rails set in place after the Watergate case during the Nixon presidency need to be clearly defined. President Trump has found multiple loopholes within the guardrails to enact his power and pollute the government with his people. For example, Levitsky and Ziblatt discuss the Robert Mueller case, which investigates Donald Trump's campaign and his ties to Russia. Donald Trump did not like that he was being investigated by people who were supposed to be following his actions, so Donald Trump removed those people from power and put in place people who would follow his actions. The guardrails put in place did not protect our government from corruption but instead found ways for the conflict of interest problem to thrive. This questions the moral standards of our elected officials, and the public trust begins to distance itself. The public asks, "Is there any ethical or moral compass in elected officials?".

How Other States Handle Conflicts of Interest

Each state legislator runs differently, and being that the Hawai'i State Legislature is younger than its other states, it has time to develop into a better government. The National Conference of State Legislatures(NCSL) is an association involving the United States' states, territories, and commonwealths. The NCSL's purpose is to assist with the integrity and independence of the legislatures across the United States. NCSL provides information on a section regarding conflict of interest within different legislatures, with each state's definition of conflict of interest and how each state handles the issue of the recusal of votes. Colorado, Alabama, and Washington were a few states that handled the issue well and were referenced in the first article by Civil Beat. Alabama's constitution regarding the recusal of votes involving conflict of interest is very direct. Alabama Constitution §82 states, "A member of the legislature who is member of the legislature who has a personal or private interest in any measure or bill proposed or pending before the legislature shall disclose the fact to the house of which he is a member, and shall not vote thereon" ( Ala. Const. § 82). This more direct approach is a way not to have the legislator vote at all and have no influence on the possible outcome of the vote. Alabama's §82 is a great example of how the legislator can not influence the voting process entirely, and no ethical problem can be questioned if a legislator discloses the conflict. Colorado's issue regarding a conflict is somewhat similar to Alabama's. However, Alabama has more of an in-depth definition of a conflict of interest regarding financial/economic interests, gifts, and the involvement of close relatives. Colorado Senate Rule 41 regarding conflict of interest is a good example of a descriptive and precise clarification of conflict of interests in the Hawai'i State Legislature, such as the involvement of close relatives and the importance of their financial ties. Although there was a reference to the state of Washington, there is a lack of issues regarding personal interest. Washington Constitution Article 2 § 30(WA Const. Art. 2, §30) is similar to Ala. Const. § 82, but leaves out the part of personal interest, again something the Hawai'i legislature has a lot of. Our state legislature has both governing bodies create the ethics rules during each session; our legislation should fix this issue and create moves toward a governing body for the public good.

Actions of Hawai'i

Recent developments within the Hawai'i State Legislature have made the desire for change a reality. The Commission to Improving Standards of Conduct (CISC), developed by House Speaker Scot Saiki, hopes to become that change. This fight for change is filled with commission members coming from different walks of the political field. The Commission holds chairs such as a former Attorney General of the Hawai'i circuit, a former judge, A member of Common Cause Hawai'i, and very influential political powers in the fight against corruption. From a formal meeting with the public, the Commission announces that there will be fifteen topics they will discuss to create new legislation to limit corruption. This Commission has a critical mission to start the potential end of corruption. As reported by Andrew Gomes for the Honolulu Star-Advertiser, the Commission supported various bills within the thirty-first legislature. However, all good ethical bills are subsequently dead within this year's legislation. The Commission hopes that next year's legislation can push more measures and hope to end the ethical problems that occur within the Hawai'i legislature. Although much of the corruption is less visible than in the cases of Ty Cullen and Kalani English, a lot of the decision-making happens that is not in public oversight. The CISC hopes to end the behind-the-door corruption that needs to be in the public's view.

The Importance of Transparency

Transparency is reliability. The government of Hawai'i has recognized the importance of transparency for the public regarding the Sunshine Law, but again, it does not apply to our legislators. Legislators are voted in to benefit the people and their communities, not just an advantage tool for corporations, businesses, and law firms. In an interview with Senator Laura Acasio about transparency, she states, "Honesty, integrity, truth-telling is the key to a dynamic civic discourse and civic leadership… We have to engage and share what we know and not withhold information and need to give access to constituents, advocates, and everybody involved in the conversation". This was a pivotal interview for understanding what the perspective was like on the inside and the ability to access some of the behind-the-door information. Senator Acasio discussed the importance of not being a part of the crowd, as passing policies and laws and following the leaders is not democratic. The way things pass in the legislature can go by without being questioned or concerned. Some critical items do not even get to be heard. "When I first got here, you get told, just follow what the rest of them are doing, and you will get what you want," said Senator Acasio. Although this legislation has done great things this year regarding Kānaka maoli, menstrual equity, and environmental issues, essential needs are getting swept under the rug. Many ethical issues not in the public eye need to be recognized. The public needs to understand and truly see what the people they vote for are doing for themselves and how they hurt other communities and the government they had vowed to protect. Public interest is not the interest of corrupt legislators.