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In an 11th-hour decision, the Hawaii State Ethics Commission has given lawmakers the green light to attend an event later this evening hosted by two lobbyist groups. But the legislators have to pay the estimated $50 to attend.

Following a lengthy discussion behind closed doors, commissioners voted 4-1 to allow legislators to attend “The Taste of Ag,” sponsored by the Hawaii Crop Improvement Association and the Hawaii Farm Bureau Federation. Commissioner Leolani Abdul casted the dissenting vote.

The decision followed guidance issued Monday by the commission’s executive director, Les Kondo, who wrote that commission staff believed “the State Ethics Code prohibits the acceptance of this invitation.”

The commission typically does allow “food and drink” invitations valued at more than $25 if there is sufficient “state benefit” in lawmakers’ attendance. In this case, Kondo determined, that “the event appears to have been originally planned as a culinary showcase of dishes featuring local agricultural products. There was no educational program to speak of for legislators and other guests at this event. Rather, the event appeared to be primarily a social event.”

After Kondo’s letter went out, event organizers proposed asking lawmakers to pay to attend the invitation-only event. That proposal was taken up at the commission’s monthly meeting earlier this afternoon afternoon.

“The commission decided, at least for this year’s event, that if lawmakers pay the fair market value of the cost of the event, they believe it’s OK,” Kondo told Civil Beat.

Alicia Maluafiti, executive director of the Hawaii Crop Improvement Association, said she was “thrilled” at the commission’s decision.

“We appreciate the commission taking a second look at allowing legislators to attend,” she told Civil Beat. “The event was never about elected officials, but these are folks who do have an important role in supporting the viability and sustainability of agriculture in Hawaii.”

Maluafiti said payments accepted from any lawmakers would go toward the nonprofit Hawaii Ag Foundation.

The commission did some of its deliberating in public session.

Commissioner Jacqueline Kido said she felt the commission might be sending a mixed message considering it allowed lawmakers to accept free tickets to parties and events at the Asia Pacific Economic Cooperation summit in November. Lawmakers were told they could attend four events, one of which was valued at $375.

“I have a hard time squaring this with the guidance that was issued permitting legislators to go down to meet with small businesses and large businesses at the APEC conference at the Royal Hawaiian hotel where the food and the drink were a heck of a lot better,” Kido said. “Why should local farmers not have an opportunity to show their products, to meet with legislators? … I really see a state benefit there.”

Commissioner Les Knudsen agreed with Kido, saying, “I think this is very, very important for legislators to go to.”

Kondo replied that APEC “was a very high profile important event for the state … The commission thought it was appropriate for our state officials, including our legislators, to attend those events because of the function itself, because it was part of the APEC conference.”

Kondo cautioned commissioners that taking such a position on this event could open the door for other lobbying groups to make the argument that they too want to host lawmakers and showcase products or services.

“You’ve got to look at it in a bigger context,” he said.

Some commissioners questioned whether the event would be appropriate if the value of the food and drink were lowered to the commission’s $25 threshold by way of limiting drink tickets given to legislators.

Kondo reiterated that no gift can be accepted if it’s obvious the gift is intended to reward or influence the recipient.