Ethics: Best Practices Board of Regents January 26, 2017 Hawaii - - PowerPoint PPT Presentation

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Ethics: Best Practices Board of Regents January 26, 2017 Hawaii - - PowerPoint PPT Presentation

Ethics: Best Practices Board of Regents January 26, 2017 Hawaii State Ethics Commission 1 State Ethics Code HRS chapter 8 4 State Employees State Legislators Members of State Boards and Commissions 2 Ethics Code: Subject Areas


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Ethics: Best Practices

Board of Regents January 26, 2017 Hawaii State Ethics Commission

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State Ethics Code

HRS chapter 8 4

  • State Employees
  • State Legislators
  • Members of State Boards and

Commissions

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Ethics Code: Subject Areas

  • Confidential Information
  • Gifts/ Gifts Disclosure
  • Fair Treatment
  • Financial Disclosure Statements
  • Conflicts of Interests
  • State Contracts
  • Post-Employment Restrictions

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No employee shall accept or solicit any gift if it is reasonable to infer that the gift is intended to influence or reward

  • fficial action.

GIFTS

HRS § 84-11

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GIFTS

  • Food
  • Entertainment
  • Travel
  • Gift certificates
  • Discount cards or passes
  • Loans
  • Money
  • Services
  • Anything of value

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GIFTS Factors to consider:

  • VALUE: How much is the gift worth?
  • RELATIONSHIP: What is the donor’s

relationship to the recipient? Does the recipient take official action affecting the donor?

  • STATE PURPOSE: Does the gift benefit the

State?

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Gifts

  • 1. Can you accept gift?

(HRS § 84-11)

  • 2. If you can accept gift, must you

report it? (HRS § 84-11.5)

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GIFTS DISCLOSURE

HRS § 84-11.5

Requires a gifts disclosure statement to be filed if certain conditions are met: 1. An employee (or spouse or dependent child) receives any gift(s) whose value, singly or combined, is more than $200; and 2. The source of the gift has interests that may be affected by

  • fficial action by the employee; and

3. The gift is not exempted from the reporting requirements. *Political cam paign contributions that com ply w ith state law do not need to be reported as “ gifts.”

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Fair Treatm ent HRS § 8 4-13

No unwarranted privileges, exemptions, advantages, contracts,

  • r treatment.

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Fair Treatm ent

  • Additional (“Double”) Compensation
  • Using state position to seek private

work or contracts

  • Using state resources for private

business purposes

  • Financial transactions with

subordinates

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PRIVATE BUSINESS ACTIVITIES

  • Sales
  • Fundraising
  • Campaign Activities
  • Outside Employment

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Disclosures

  • Financial
  • Gifts
  • Contracts
  • Candidates
  • Lobbying

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Conflicts of Interests

  • 1. Disqualify yourself when

there is a conflict

  • 2. Don’t create new conflicts
  • 3. Don’t represent anyone in a

matter before your agency

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Financial Interest

  • Ownership interest in a business
  • Employment or prospective

employment

  • Director or officer
  • Ownership of real or personal

property

  • Loan or other debtor interest
  • Creditor in an insolvent business

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Financial Interests Include Interests of:

  • Spouse
  • Dependent Children
  • Civil Union Partner

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Official Action

  • Decision
  • Recommendation
  • Approval or Disapproval
  • Action involving discretionary

authority

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Post Em ploym ent

HRS § 8 4 -18

  • 12 month “cooling off period”
  • Cannot be paid to represent another person
  • r business on matters participated in
  • Cannot be paid to represent another person
  • r business before former state agency
  • Exception: State may contract with a former

employee

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State Ethics Com m ission

  • Education
  • Guidance
  • Enforcement
  • Disclosure

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Penalties

  • Fines up to $500 per violation
  • Disciplinary action
  • Recovery of gifts or profits
  • Contracts or action voidable

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HAWAII STATE ETHICS COMMISSION

Phone: (808) 587-0460 Email: ethics@hawaiiethics.org dgluck@hawaiiethics.org Website: http:/ / ethics.hawaii.gov

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