There were the听meals, golf, drinks, parties and an event described as a听“casino and karaoke night.” And then there were the prizes, including Apple Watches and a two-night stay at a luxury resort.
It almost sounds like the kind of all-expenses-included getaway advertised to tourists on the mainland.
But this was something called the Hawaii Congress of Planning Officials.
Its attendees and sponsors included some of the most powerful business interests in the state who had听the chance to hobnob with the kind of government officials who have听a profound influence on issues that affect them.
State and county laws听have strict rules听about government officials receiving gifts, particularly if it appears those gifts听could have an influence on their actions. But conferences like the three-day planning retreat held last month on Kauai show how听special听interests are still able to wine and dine an array of public officials.
Dan Gluck, executive director of the听, which enforces state ethics laws, said he could not comment specifically on the event on Kauai. But he said generally that acceptance of听鈥渆ven modest gifts of aloha may pose ethics concerns,鈥听particularly if the people receiving the gifts have the power to regulate businesses or听hand out state contracts.
鈥淪imilarly, gifts from vendors or contractors tend to raise significant concerns,鈥 Gluck said.
The list of attendees for the Hawaii Congress of Planning Officials, which was given to Civil Beat by Kauai County last week, reads like a who’s who of Hawaii’s business elite.
There were executives from Hawaii’s largest private landowner听补苍诲 a major luxury developer, lobbyists from one of the state’s oldest and best-known听agricultural and real estate companies,听representatives听of the political arm of the construction industry, and partners听with听politically connected law firms.
Also in attendance were government officials like members of the state Land Use Commission, Office of Planning, Department of Hawaiian Home Lands and Department of Transportation; as well as planners, engineers, inspectors听补苍诲 supervisors from all four counties and听several members of the听Kauai County Council.
Most notorious, this was also the conference where Big Island Mayor Billy Kenoi was caught on camera delivering an alcohol-infused and profanity-laced tribute to Bernard Carvalho Jr., the mayor of Kauai. The party in a hotel hospitality suite was paid for by “sponsors and individuals,” say Kauai County officials.
Panel Sessions And Loopholes
The Hawaii Congress of Planning Officials drew about 340 people to the Grand Hyatt Kauai Resort and听Spa on听Sept. 21-23.
The conference included a number of events that would be expected at听a gathering of government officials, like听speeches, panel discussions and workshops. Kauai County, which hosted the conference, described some of听the perks of attending on and in a program for the event.
There was a drawing where prizes included three and a two-night stay at the . Attendees could also win an unspecified prize for best costume at a reception on the first night of the conference. Several meals were included with the conference听as well as a yoga session, an event described as听鈥減au hana popcorn and libations鈥 and another called听鈥渃asino and karaoke night.鈥澨淢ahalo鈥 gifts to speakers and presenters included and , both Kauai companies.
“If something feels wrong, it probably is.” — State Ethics Commission Director听Dan Gluck
For an extra fee of $100, attendees could also sign up for听a Na Pali boat tour, which included transportation, sea cave听exploration, snorkel equipment, flotation devices, snacks, lunch, drinks and towels. A five-hour group tour by听the typically costs $140 per person for adults.
For $85, they could golf听at the resort’s Poipu Bay Golf Course, which included green fees, golf cart and lunch. Regular at the course run听from $135 to $250.
Sarah Blane, a听spokesperson for Kauai County,听said听attendees paid their own way to听the conference听补苍诲 that the event听came听at almost no cost to taxpayers “with the exception of staff time and office supplies used for registration.”
But the funding was offset through corporate sponsorship from major builders, developers and land owners, including , , , 听补苍诲 .
Registration was open to the public at a cost of roughly $400 per person, according to Kauai. Companies could sponsor the conference at听tiers starting at听$1,000 and rising听to听$5,000. Blane said the sponsors helped offset the cost of the conference听while听registration听fees and sponsorships paid for the use of the facility, meals, materials and travel expenses for speakers and presenters coming from the mainland.
Sponsors were listed by听name听in the conference听program, which also included corporate听logos and in some cases advertisements.
The conference program used听the perks as a way to promote topics that otherwise might seem dry, like workshops on geographic information systems:
This year鈥檚 pre-conference mobile and GIS workshops are all about Kakou 鈥 working together in partnership to create renewable energy, effectively manage our coastal and ocean resources, generate community revitalization, and preserve community identity and history. From sailing the majestic Na Pali out west to biking along Ke Ala Hele Makalae Shared Coastal Path in the east, we鈥檝e pulled out all the stops to make your first experience at HCPO engaging, inspirational, and fun!
What Ethics Laws Say About Gifts
The companies and county defended the congress as an invaluable way for planners to meet with colleagues to talk about how they can improve the planning process, receive updates on laws and technology, and discuss pressing issues and projects.
They said听private sponsorship is common, legal and encouraged.听The planning conference is听an annual event that rotates among the four counties.
Here is what the state Code of Ethics, known as , says about听gifts:
Similar language is in county charters, .
At the state level, recipients must report any gifts totaling $200, individually or in aggregate, to the .
State听laws on lobbying, known as , say听that expenditures of $750 or more 鈥渇or the purpose of attempting to influence legislative or administrative action or a ballot issue by communicating or urging others to communicate with public officials鈥 must be reported.
The expenditures include entertainment and events; receptions, meals, food and beverages; and gifts.
The head of the agency tasked with enforcing the state Code of Ethics said it is important for government officials to understand听what the law says.
鈥淲e do not have all the details regarding the event on Kauai, but in any situation where state employees receive a gift 鈥 including free food and drinks 鈥 the Hawaii State Ethics Commission usually looks at three factors: value, donor relationship and state purpose,鈥 said Gluck.
If the state official receiving the gift regulates or investigates the person or business giving the gift, Gluck said the state Ethics Code 鈥済enerally prohibits acceptance,鈥 with some exceptions.
“Generally, we advise state officials to follow their instincts when it comes to ethics issues,” he said.听“If there is a front-page news story about what you鈥檝e done 鈥 accepting a gift, attending some event, and so on 鈥 would you be proud or would you be embarrassed?
“If something feels wrong, it probably is. If you are not sure, call the Hawaii State Ethics Commission, and we would be happy to advise you.”
Corie Tanida, executive director of , questioned whether some conference activities such as boat tours, golfing and expensive freebies were 鈥渨ithin the spirit鈥 of state and county ethics codes.
Her group works to curb the excess influence of money in politics and to ensure government serves the common good rather than special interests.
鈥淚t is concerning, because we do place our trust in government officials 鈥 not just elected officials but employees,鈥 she said. 鈥淓verybody has to follow the state code or the code of their respective county. It specifically says we place trust in officials, so they in turn are held to the highest ethical standards.鈥
Tanida said she did not know all the facts of the Kauai conference, and she deferred to the Ethics Commission regarding possible violations.
But听she also noted that the ethics codes make clear that government officials 鈥渟hould avoid the appearance of impropriety.鈥
An inquiry to the Kauai County Board of Ethics was referred to听the county鈥檚 public information office.
Jan Yamane, executive director of the听Honolulu Ethics Commission, said she could not comment on the specifics of the Kauai conference.
“But we do encourage city elected officials and employees to reach out to us for advice and to help answer any questions,” she said.
Private Sponsorship Is Common
The Hawaii Congress of Planning Officials听is an informal group comprised of听various county planning departments as well as other planning-related and land-use agencies. Its purpose, according to Kauai County, is to organize the annual conferences.
Blane, the county spokesperson, said in an email state ethics do not apply to counties, “as each county has its own Ethics Code.”
Regardless, she said the county followed its own rules regarding ethics:
The Planning Department followed the County Code of Ethics when preparing for the conference, as it fully disclosed the sponsors and in-kind donors who helped to make the conference possible.
Regarding the Mahalo gifts, we purposefully worked only with business participants in the County鈥檚 Office of Economic Development鈥檚 鈥淜auai Made鈥 program to provide a marketing opportunity for homegrown products.
Items for speakers and presenters were clearly disclosed in the conference brochure.
“It is not new, nor uncommon, for private industry to sponsor government events,” Blane said.
Other examples, she said, include the听2016 Maui Energy Conference, hosted听by the听Maui County Office of Economic Development and the Maui Economic Development Board, the latter a nonprofit.
The 听brought听energy experts and stakeholders from across the country听“to learn about the latest advances in clean energy” and how Hawaii plans to achieve a renewable portfolio standard of听100 percent.
Major sponsors included the electric companies of three counties and NextEra Energy of Florida, which at the time was seeking state approval to purchase Hawaiian Electric Industries, the parent company of the three utilities. Lower-tiered sponsors included SunEdison, Hitachi, Pacific Biodiesel and Ulupono Initiative, which was founded by Pierre and Pam Omidyar. Pierre Omidyar is the CEO and publisher of Civil Beat.
Another example she pointed to: The听,听although the International Union for Conservation of Nature, which put on the event in Honolulu this year, is not a government agency, nor does it听have direct business with听the state.
Sponsors of the听IUCN conference听included several听foundations, such as the David and Lucile Packard Foundation and the Hawaii Community Foundation (the听recipient of a $50 million Omidyar donation in 2009) as well as Ulupono, Dell, Shell, Kamehameha Schools and Outrigger Hotels and Resorts.
“It is not new, nor uncommon, for private industry to sponsor government events.” — Kauai County Spokesperson Sarah Blane
Blane said Kauai County is encouraged to reach out to the private sector for events like the planning conference.
She听pointed听to a section of the that states: “In the performance of its functions, each department shall cooperate with private organizations and with organizations of the governments of the United States, the State, and any other state, and with any of their political subdivisions having similar functions.鈥
Hotel rooms to accommodate conference staff, she explained, were included in the conference package with the Hyatt which included the use of ballrooms, meeting rooms and other facilities.
“Conferences, such as the annual HCPO conference, the Maui Energy Conference and the like, give those from a wide array of backgrounds and areas of expertise an opportunity to collaborate and have in-depth discussions on critical issues that affect the state,” said Blane. “This year鈥檚 ‘Tao of Planning’ themed conference intentionally created an environment that fostered creativity, which is a critical component of solving serious and complex issues, such as land use, housing and transportation planning.”
‘Proud’ Sponsors
The chief sponsor of the planning congress this year was , the health care company听that is working to take control of three state medical facilities in Maui County.
Blane said Kaiser听“is not an organization that would typically be suspected of ‘lobbying’ the county Planning Department.听Further, all conferees and speakers were treated equally, regardless of whether they were from the private or public sector.”
Civil Beat contacted all the sponsors listed in the congress’s program. A handful responded, most with prepared statements.
Kaiser spokeswoman Laura Lott wrote that the company chose to become a sponsor to support planning that included facilities to encourage healthy habits.
“Our funding of the Kauai event was specifically to support keynote speaker and conference sessions in alignment with our broader community planning efforts e.g. bike paths, walkable communities, safe school routes, transportation, age-friendly, etc.,” she wrote.
Law firm , with offices throughout Hawaii and in Los Angeles, takes part in a variety of conferences that address community issues. The firm handles real estate and land development, and helps clients draft legislation and , among other practice areas.
“We believe the Hawaii Congress of Planning Officials provides an opportunity for leaders across government, business and nonprofit organizations to come together in an open forum to meet, learn, and collaborate,” the company wrote in a prepared statement. “We are proud to join the other corporate sponsors in supporting these discussions. “
Honolulu real estate developer Alexander & Baldwin is proud to have sponsored the event for decades, spokesperson Tran Chinery wrote.
“This year鈥檚 event was sponsored by 17 organizations, including A&B, with funds covering general conference expenses for the benefit of all attendees, not public planning officials specifically,” she wrote.
Sponsors See A ‘Valuable’ Opportunity
In an interview, Michael Matsumoto, president of SSFM International, said the congress was听a chance for peers in the planning community to talk. The company manages projects and provides planning services. It’s also one of the contractors for the Honolulu rail project, the largest public works project in state history. The rail project has come under fire for going over-budget and facing significant delays.
Matsumoto said organizers send out a flier every year to potential sponsors. For several years, SSFM has agreed to take part.
“Every organization makes a decision about supporting activities in the community,” he said.
Steve Col贸n, president of the Hawaii Region for Hunt Companies, wrote in a prepared statement that the developer has听underwritten the conference for many years “to encourage and enhance our employees鈥 continuing education. We find it a valuable conference to learn about new developments with urban planning in Hawaii.” Hunt paid for general conference expenses, not any specific event.
Representatives of Monsanto, Belt Collins Hawaii, Group 70 International, PBR Hawaii & Associates, The Resort Group, Queen Liliuokalani Trust, Wilson Okamoto Corp., Watanabe Ing, CH2M, CBRE and Pacific Resource Partnership also participated at the event, according to Kauai County.
Kauai County officials said听it is essential for government officials to interact with the private听sector.
“Government is tasked with creating public policy that affects each and every one of our citizens, visitors and businesses,” said Blane, the county spokesperson. “For government to work in a silo would be irresponsible and against the best interest of the community we serve. Many great initiatives have failed simply due to a lack of community engagement, partnership and collaboration.”
A change in ethics laws could be in the works.
Gluck, who took office office as听director of the state Ethics Commission on Aug. 1, has been meeting with department heads, lobbyists, community organizations and others to solicit feedback on 鈥渨hat is working and what is not鈥 with the ethics code and lobbying laws.
Possible policy and statute changes could be addressed at an Ethics Commission public meeting Oct. 20.
Read the full list of conference attendees:
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About the Authors
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Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on X at .
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John Hill is the Investigations Editor at Civil Beat. You can reach him by email at jhill@civilbeat.org or follow him on Twitter at .