Companies spent more than $200,000 to sway Honolulu鈥檚 elected officials last year, according to lobbying reports filed with the city in January.

The efforts may have helped obtain a tax break for the聽Oregon-based company Schnitzer Steel, allowed Uber to continue operating its ride-hailing service in Honolulu and prevented city lawmakers from considering a ban on styrofoam containers similar to one .

Top spenders on Oahu included Uber, the Hawaii Lodging & Tourism Association, Outrigger Hotels Hawaii, the Hawaii Automobile Dealers Association, Charley’s Taxi and Airbnb.

That much can be gleaned from , but perhaps the biggest takeaway is what the reports don’t say.

The city doesn’t require lobbyists to provide any details about how they spend money. About 85 percent of the lobbyists who filed reports said they didn’t spend anything last year. Nearly three dozen registered lobbyists didn’t submit any reports, even though mandatory forms were due six months ago.

Honolulu City Council group shot. 3 jan 2017
Lobbyists don’t have to share details about how they spend money to influence Honolulu City Council members. Cory Lum/Civil Beat

Jan Yamane, who took over the city Ethics Commission last fall, said the current lobbying disclosure process聽isn’t working.

“We need to debrief this thing, hit the reset button and completely overhaul this process,” she said.

Yamane said聽the agency doesn’t double-check to make sure the reports are accurate, and she doesn鈥檛 know of anyone who has been penalized for not filing the legally required reports or filling them out improperly. Her office聽also doesn’t remove people’s names from聽the list of registered lobbyists unless they send聽a letter requesting removal, so some of those listed haven’t lobbied the Council for years.

Many forms are handwritten and they’re posted online as pdfs, making it difficult for the public to inspect the data.

“We recognize that the forms are tedious, they aren鈥檛 even fillable, there is no database,” Yamane said. “I was a little surprised when I saw these forms. It just seems like last century.”

City Ethics Commission Executive Director and Legal Counsel Jan Yamane. 9 aug 2016
Jan Yamane, executive director of the Honolulu Ethics Commission, wants to overhaul the lobbyist reporting system. Cory Lum/Civil Beat/2016

She’s hoping to revamp聽the process, but says it will take time and resources.

Corie Tanida, executive director of the good-government group , agrees the process needs to be updated and said she’s concerned about the commission’s lack of enforcement.

鈥淭hey鈥檙e the ones who are supposed to enforce our ethics laws and if they鈥檙e not doing it, then who else is going to do it?鈥 Tanida asked. 鈥淭hese (lobbyists) are people who are trying to influence our government. Whether you deal with them or not … we need to be able to follow the money.鈥

State Requires More From Lobbyists

Environmental groups were shocked and disappointed last month when the City Council voted against expanding the ban on plastic checkout bags. When the city banned thin plastic bags two years ago, many stores just started using thicker ones.

The public won鈥檛 know how much money was spent lobbying council members on the issue until January, because city lobbyists only report their expenditures once a year.

That’s in contrast to the state , which requires lobbyists to report their expenditures three times a year. The state also requires companies to file聽expenditure reports separate from individual lobbyists, and both must specify聽amounts of money spent in categories such as “meals.”

State lobbyist reports could still be improved by requiring more details, Tanida said, but at least the public can get an idea of what’s being spent in the middle of the legislative session.

“Once a year is definitely not enough,” she said of disclosure of expenses for lobbying the City Council. “We need more than once a year. That鈥檚 not helpful. They鈥檙e year-round so we should know things year-round.”

Varying Levels Of Disclosure

Lobbyists sign their disclosure forms certifying that they’re “true and correct.” Some do a better job than others of detailing expenses and the policymaking聽they sought to influence.

Tyler Dos Santos-Tam, who leads the , attached an extra page to his 2016 report with a spreadsheet explaining the results of more than a dozen pieces of legislation he worked on.

Gary Gill, who was paid $6,286.26 to lobby for the Oahu chapter of the , broke down the $37 he spent in the 鈥渙ther information鈥 section of his lobbyist report.

鈥淢y only expense was $2 for parking at the city lot and a $35 ticket for an expired meter because the meeting went long,鈥 Gill wrote. 鈥淭hat鈥檚 one reason to leave the car at home and keep riding my bike.鈥

鈥淚t鈥檚 vitally important that lobbying disclosure happen as close to real time as possible.鈥 鈥 John Wonderlich, Sunlight Foundation

Many other reports are less forthcoming.

Lauren Zirbel reported she received $2,625 last year to lobby on behalf of the . In the section that reads, 鈥渓ist the results of the legislation you sought to influence,鈥 she wrote, 鈥淪ubmitted testimony on issues of interest to HFIA.鈥

Anyone looking at her report would have to check media reports, City Council testimony or the association’s website to figure out what she was referring to. Zirbel didn’t reply to emails or calls seeking comment.

Multiple lobbyists for the .聽submitted identical forms that didn’t specify any issues either. Instead they wrote: “ongoing 鈥 matters relating to an electric utility.”

HECO spokesman Jim Kelly said in a phone interview that the company’s employees often talk to city officials about neighborhood issues like graffiti on transformer boxes and the placement of utility poles.

“In 2016 I鈥檓 sure there was some discussion with city officials about the NextEra issue,” he said, referring to HECO’s failed $4.3 billion merger with a Florida company.

Emi Kaimuloa, who received $4,216 to lobby on behalf of the real estate company , was similarly vague. 鈥淭he bills did not pass,鈥 her form stated, without specifying what bills she was supporting or opposing.

Kaimuloa told Civil Beat she did minimal research for bills last year and couldn’t recall which ones. She said聽that聽it was her first year as a registered lobbyist, that her assistant filled out the form on her behalf and that she has since sought to cancel her registration.

Kaimuloa added that she works mainly as an attorney, but filed the report “out of an abundance of caution.” That’s the same reason several lobbyists submitted reports with zero expenditures, noting that they didn’t lobby at all last year.

Many states and municipalities require quarterly disclosure of lobbying expenses and some insist on even more frequent reporting, said John Wonderlich, executive director of the , a national advocacy group for open government.

In San Francisco, individuals and companies that lobby their activity and expenses every month. The data is organized into spreadsheets that the public can search and download.

In Chicago, individuals and companies within five days of lobbying. The city recently fined a lobbyist and his client $92,000 for failure to file for five months. Lobbyists must file activity reports quarterly.

Wonderlich said ideally reports would include what positions lobbyists are taking and who they met with, as well as itemized expenses.

鈥淚t鈥檚 vitally important that lobbying disclosure happen as close to real time as possible,鈥 he said.

Too Burdensome?

Yamane said that the city Ethics Commission has begun looking at what other municipalities require of lobbyists, and that she supports more detailed and frequent reporting.

Some lobbyists may find that too burdensome, said Bob Toyofuku, who received $27,000 last year to convince the City Council to allow to continue operating in Honolulu.

Toyofuku said that producing expense reports every two months would be too much work for lobbyists with multiple clients.

“When you have a lot of clients and you have to constantly file reports, it takes one person just doing that,” he said.

鈥淭hese (lobbyists) are people who are trying to influence our government … we need to be able to follow the money.鈥 鈥 Corie Tanida, Common Cause Hawaii

The city also requires that lobbyists get their forms notarized, a requirement that Wonderlich said is unusual. The state Ethics Commission doesn’t require that.

Rick Egged, who lobbies for the Waikiki Improvement Association, said the need to get the form notarized is why he forgot to submit his this year. The report聽languished on his desk for six months until Civil Beat called to聽ask why he didn’t file a report. Within hours, Egged submitted the form.

Wonderlich said that the notary聽requirement sounds like a valid concern, adding that it’s not necessary for federal lobbyist disclosures. But he said concerns of lobbyists about more frequent reporting requirements tend to be overblown.

“Many lobbyists are attorneys that are used to billing at six-minute increments,” he said. “It’s a minor administrative cost.”

More Costly To City

More frequent and detailed filings would not only be more work for lobbyists, but would be more expensive and time-consuming for the city.

鈥淩ight now with the resource level that we have it鈥檚 virtually impossible to be doing quarterly disclosures,鈥 Yamane said. 鈥淭his year it was a stretch to even get the lobbyist forms uploaded (on the commission’s website). It鈥檚 never been done in the past.”

Previously, the public and the media would have to file a records request in order to obtain copies of the reports.

Yamane said she wants her office to align more closely with the state Ethics Commission. City commission members are scheduled to discuss strategic planning for the office at a meeting Wednesday. The lobbyist expense reporting process is just one aspect of the commission’s work that Yamane hopes to improve.

“We鈥檙e taking a lot of this a little bit slow because we don鈥檛 want to make snap decisions and shoot ourselves in the foot,” she said. “There are a lot of changes that need to happen here and we are working very closely with the commission to plan those changes so that they鈥檙e thoughtful and pragmatic and that they鈥檙e done right.”

Tanida from Common Cause said the changes can’t come too soon.

“We see all these ethics issues at the national level and it overshadows this,” Tanida said. “We need to ensure that all levels of our government are on the up and up.”

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