AO 13-3
Ethics Advisory 2013-3
Hawaii Ethics Opinions
Hawaii State Ethics Commission
July 15, 2013
BOARD MEMBER APPLYING FOR POSITION SELECTED, HIRED OR OTHERWISE SUBJECT TO APPROVAL BY THE BOARD
University of Hawaii President M.R.C. Greenwood recently announced her intention to retire as the University president on August 31, 2013. In response to her announcement, the University of Hawaii’s Board of Regents formed a presidential selection committee to look for President Greenwood’s successor. The committee is chaired by Regent John Holzman, who is also the chair of a smaller group of regents charged with recommending an interim president to the Board. The Board will hire both the interim president as well as the next University president.
Regent Artemio Baxa reportedly suggested that one of the regents could be the next University president.
[1] Regent Baxa specifically identified Regent Holzman and another regent as members who he felt would make a good president for the University. A number of other regents also are reported as expressing their opinion that the next president should have a strong connection to Hawaii.
[2]
In light of Regent Baxa’s suggestion that a regent could be considered for the UH president position, the Commission issues this advisory memorandum to inform the regents and members of other state boards
[3] that the State Ethics Code requires a board member to resign as a member of the board when he decides to apply for a position that is hired, selected or approved by the board.
Discussion
The State Ethics Code prohibits an employee from, among other things, using his position to give himself an unwarranted advantage.
[4]Specifically, the statute’s “fair treatment” provision provides in relevant part:
No legislator or employee shall use or attempt to use the legislator’s or employee’s official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others[.][5]
Prior Commission opinions may have suggested that, absent evidence that a board member actually misused his position to gain an unwarranted advantage, a board member can apply to the board on which he is a member for a position that the board will hire, select or approve without violating the fair treatment provision.
[6] The Commission hereby “rescinds” or “overrules” those opinions to the extent that they may be so construed. In the...
