It's Simple, Lawmakers: If You Have A Conflict, Don't Vote
It’s not enough for the leaders of the House and Senate, with little deliberation, to simply declare that something is not a conflict.
March 27, 2022 · 5 min read
About the Author
The members of The Civil Beat Editorial Board are Chad Blair, Patti Epler, Nathan Eagle, Kim Gamel and John Hill. Opinions expressed by the editorial board reflect the group’s consensus view. Not all members may participate in every interview or essay. Chad Blair, the Politics and Opinion Editor, can be reached at cblair@civilbeat.org.
We tend to view our state legislators as men and women focused primarily on policy, bills, constituent needs and projects for their districts.
They are all that, but the 25 members of the Hawaii Senate and the 51 members of the Hawaii House of Representatives are also part-timers. Many hold regular day jobs and have broad professional experience and interests.
They are teachers, attorneys, farmers, pilots, doctors, accountants and administrators, to name just a few. Some work for or have interests in major industries such as telecommunications, energy or retail and development.
And lawmakers own property and businesses and have stocks, bonds, mutual and investment funds. They have creditors. They serve as directors, executives, board members and trustees of various organizations and associations.
The same goes for their spouses, and filed by legislators with the Hawaii State Ethics Commission detail those ties, including the dollar amount ranges.
The reason for the public reporting is so that the public can better understand who they are voting for or against, and whether there are potential personal and professional conflicts that might arise during the course of their work in office.
And yet, when lawmakers rise on the House and Senate floors to ask whether they might have a conflict of interest before voting on bills, they are usually told they don’t.
A recent example: During the House floor session on Wednesday, Rep. Della Au Belatti, the House majority leader, declared a conflict on , which calls for spending hundreds of thousands of dollars to settle legal claims against the state.
Belatti explained that the law firm she works for, the Law Office of聽Eric聽A.聽Seitz, participated in one of the claims covered in the bill, although Belatti said she was not involved in the case.
鈥淣o conflict,鈥 ruled Vice Speaker John Mizuno, who was leading the House鈥檚 order of the day. That meant Belatti was free to vote on SB 3041, which she did 鈥 in favor of its passage.
This is not to single out Belatti. In fact, such vignettes happen all the time at the Legislature, and usually with the same outcome. That鈥檚 because House rules and Senate rules allow each chamber鈥檚 presiding officer 鈥 usually the speaker or president, respectively 鈥 to determine whether a conflict exists.
The rules do explain potential conflicts.
In the it 鈥渕eans that the legislation affects the member’s direct personal, familial, or financial interest except if the member, or the member’s relative, is part of a class of people affected by the legislation.鈥
In the it means no member shall vote on any legislation 鈥渋f the member has a direct financial interest in the legislation, unless the member is part of the class of people affected by the official action based upon the member’s profession, trade or business.鈥
Both sets of rules require the speaker and president to give 鈥渄ue consideration鈥 to the context of the potential conflict. But this is frequently dispensed with very quickly before moving on to the next order of business.
Sometimes the automatic granting of 鈥渘o conflict鈥 blows up in the Legislature鈥檚 face, however.
In 2014, John Oliver of 鈥淟ast Week Tonight鈥 ridiculed Hawaii lawmakers by showing a video clip from a House hearing in 2011 on a bill proposing that businesses charge customers a 10-cent fee for plastic checkout bags.
Joe Souki, then the speaker emeritus, was seen asking then-Rep. Joey Manahan to decide if there was a conflict because Souki was a paid consultant for the American Chemistry Council, which produces plastics. Manahan said, 鈥淭here is no conflict.鈥
At that point Oliver remarked, 鈥淲hat do you mean there鈥檚 no conflict? He鈥檚 being paid by the plastics industry.鈥
Civil Beat reported at the time on the conflict/no conflict kerfuffle, part of a series on the suspect practice.
Souki, for instance, had represented the American Chemistry Council before the Maui County Council on a bill that would have prohibited the use of disposable polystyrene food service containers by food outlets in that county.
Souki鈥檚 financial disclosure showed that he had received between $10,000 and $25,000 from the American Chemistry Council in 2009.
That鈥檚 just one example, as Civil Beat reported. There have been many others, including in the Senate. And yet the 鈥渘o conflict鈥 absolution continues to this day, by all appearances with little or no deliberation.
What constitutes a conflict can sometimes appear a little fuzzy. In Belatti鈥檚 case, she may not have worked on the claim in question. But her boss, Eric Seitz, does pay her a year.
Conflicts of interest are not unique to Hawaii, of course. As the National Conference of State Legislators , 鈥淓ach state and territory provides a definition of a conflict of interest that aims to be broad enough to capture a range of possible apparent breaches of the public trust while being specific enough to provide guidance.鈥
Several states have taken steps to prohibit those conflicts from influencing legislative outcomes. The constitutions of Colorado, Alabama and Washington state require legislators to disclose their conflicts on the legislation in question.
Hawaii could do the same simply by having a majority of the House and Senate amend their own rules. And they could do it as early as next week when they meet in floor session.
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The members of The Civil Beat Editorial Board are Chad Blair, Patti Epler, Nathan Eagle, Kim Gamel and John Hill. Opinions expressed by the editorial board reflect the group’s consensus view. Not all members may participate in every interview or essay. Chad Blair, the Politics and Opinion Editor, can be reached at cblair@civilbeat.org.
Latest Comments (0)
It's Simple, Lawmakers: If You Have A Conflict, Don't VoteOMG...with all special interest and lobbyist donations for legislators, looks like no one can vote on anything if legislators are truthful.
2cents · 2 years ago
@Richard_Bidleman, @stopthemadness, I completely agree @CATipton we should be paying legislators for full time work, at market rates, and deny them the opportunity to market their legislative capacity in their day job. If you want to clean the legislature of conflicts of interest, that alone would do it.Let's also give them a moderate retirement after 1st re-election. Legislators currently have to be in office for 10 years before they get retirement, but it is a very generous one. That's another reason why we don't have term limits.EXCELLENT article CBEB, gutsy, and just what we need. ( yes I contribute monthly)
Ms.Kukui · 2 years ago
Not only is the "no conflict" by VS Mizuno instant and reflexive, he often follows up with "and this is good for the remainder of the session." That way, if the bill or others comes up again (perhaps amended) addressing attorneys fees, or benefits for developers, or whatever the potential conflict of interest is, they don't have to repeatedly interrupt the machine-gun like rapid fire of measures being voted on, so legislators can get back to other work. It's all on YouTube. Watch sometime.Question: EXCEPT if the member, or the member芒聙聶s relative, is part of a class of people affected by the legislation? There's a potential conflict if the proposed "legislation affects the member芒聙聶s direct personal, familial, or financial interest except if the member, or the member芒聙聶s relative, is part of a class of people affected by the legislation." ". . . if the member, or the member芒聙聶s relative, is part of a class of people affected by the legislation" they are excluded from this rule, and there is no conflict? There's something missing from this quote and the senate one.
Ms.Kukui · 2 years ago
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