Extend Hawaii Lobbying Laws to the Executive Branch
The case of an IT vendor pocketing $8 million in fees despite failing to deliver on a software contract illustrates the inadequacy of the state’s lobbying law.
If one seeks to influence the day-to-day workings of state government 鈥斅爄ts expenditure of monies, its contracts with businesses, its policies and practices 鈥斅爐he most efficient and logical place to exert that influence is through the executive branch.
Sure, a potential influencer could pressure legislators. But there are 76 senators and representatives, each with her or his own point of view and vote. In the end, they make the laws and appropriate the funds that bankroll the government, but it is the staff within each state agency that is ultimately responsible for implementing the laws and spending most of the money.
That鈥檚 why the law intended to bring transparency and accountability to lobbyists’ actions is so woefully inadequate. As Civil Beat columnist Ian Lind pointed out recently, the law only pertains to lobbying the Legislature. Would-be influencers are free to lobby the executive branch as aggressively as they might wish 鈥斅爊o disclosures required.
Lind documented the case of Ciber Inc., which is being sued by the state on multiple issues related to a contract the company won to create a new accounting system for the Department of Transportation. Though it failed terribly on its contractual obligations, Ciber was remarkably effective in its efforts to influence the administration of former Gov. Neil Abercrombie.
The company hired Hawaii鈥檚 leading lobbyist, John Radcliffe, to press the Abercrombie administration for help in overcoming objections within the DOT to its utter failure under the terms of its contract. Radcliffe鈥檚 efforts paid off: Abercrombie鈥檚 staff moved one critic out of the DOT entirely, placing him at another state agency. He was replaced with an appointee with no experience in IT or financial management, who allegedly deferred to the governor’s chief of staff, Bruce Coppa, on key decisions.
Months later, Coppa went to work for Radcliffe鈥檚 firm, and Ciber wound up pocketing $8 million in fees, courtesy of Hawaii taxpayers.
Few of the details regarding Ciber鈥檚 lobbying on this matter are known 鈥斅爃ow much it spent, who else was involved in the work, how much the lobbyists were paid 鈥斅燽ecause such details didn鈥檛 have to be disclosed. The lobbyists representing Ciber didn鈥檛 even have to register over their work with the administration.
And it was all perfectly legal.
Let鈥檚 be clear: No lobbying reform effort would be complete without new, meaningful requirements for engaging the executive branch of state government.
Three years ago, a national study led by the Washington, D.C.-based Center for Public Integrity gave Hawaii a grade of C聽for our level of government transparency and efficacy of policies to deter corruption and a D- in lobbying disclosure. A group of about 20 leading lawmakers, lobbyists, watchdog group principals, journalists came together following that report to focus on what could be done to improve the environment for such issues in Hawaii.
After meeting for about a year, funded in part by the Hawaii Community Foundation, the group finally issued a milquetoast report last year documenting a list of 鈥渋deas for future discussion.鈥
The group went to pains to avoid referring to any of its 鈥渢houghts for further exploration鈥 as 鈥渞ecommendations,鈥 explaining that it could not come to a consensus that would support that.
The 鈥渋deas鈥 were hardly revolutionary. 鈥淚mprove electronic databases鈥 for lobbying filings to make them more 鈥渦ser friendly,鈥 require lobbyists to disclose campaign contributions, make legislators’ calendars public record and the like.
Routine, at best, and nothing at all to suggest changes around lobbying the executive branch.
One doesn鈥檛 need to look far to see why even this group failed at reform recommendations: Two participating lobbyists wrote a dissenting opinion to make it clear they didn鈥檛 agree with all the ideas represented in the document. The fox rarely supports any move to strengthen the door of the hen house.
There鈥檚 been precious little action, in fact, on any of the ideas expressed in the report, all of which point to inadequacies in current law and practice and still deserve the attention of the Legislature when it convenes in January.
But let鈥檚 be clear: No lobbying reform effort would be complete without new, meaningful requirements for engaging the executive branch of state government. The Ciber case study hardly represents the beginning and end of this issue; efforts to influence the actions of the executive branch are legion, and it is only the rare matter that gets dragged into court or finds its way into media coverage that gives us some sense of the magnitude of the problem.
Gov. David Ige鈥檚 administration is now working to clean up the Ciber mess. It is his attorney general who filed the case.
Now, he needs to take the lead to get lobbying reform through the Legislature in 2016 鈥斅爌articularly provisions that bring accountability to those who seek to influence the executive branch.
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