State Rep. Della Au Belatti, D-25th (Tantalus, Makiki, McCully), has signed a petition calling for a special session to restore classroom time lost to teacher furloughs and she plans to speak out on the issue in a private House caucus this week.
Belatti, an attorney in the law office of Eric Seitz, is also working on a federal lawsuit challenging the furloughs on behalf of students.
Conflict?
Belatti doesn’t think so. But she asked the state Ethics Commission for guidance. “I’m being an advocate for finding some way to restore instructional time,” she said.
Dan Mollway, the commission’s executive director, offered his thoughts in an Oct. 19 letter. He cited the following provisions of the ethics code in state law:
Section 84-14 (d):
No legislator or employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which he has participated or will participate as a legislator or employee, nor shall he assist any person or business or act in a representative capacity for a fee or other compensation on such bill, contract, claim, or other transaction or proposal before the legislature or agency of which he is an employee or legislator.
Section 84-12:
No legislator or employee shall disclose information which by law or practice is not available to the public and which the legislator or employee acquires in the course of the legislator's or employee's official duties, or use the information for the legislator's or employee's personal gain or for the benefit of anyone.
This provision may cover, for example, something Belatti might learn in a private House caucus. Mollway advised Belatti to remain “cognizant of the information you receive as a legislator with respect to the issue of furloughs, and be assured that such information is not conveyed to your private employer if you acquire the information in your capacity as a legislator and this information is not available to the public."
And then there is Section 84-13:
Fair treatment. 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; including but not limited to the following:
(1) Seeking other employment or contract for services for oneself by the use or attempted use of the legislator's or employee's office or position.
(2) Accepting, receiving, or soliciting compensation or other consideration for the performance of the legislator's or employee's official duties or responsibilities except as provided by law.
(3) Using state time, equipment or other facilities for private business purposes.
(4) Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the legislator or employee inspects or supervises in the legislator's or employee's official capacity.
Nothing herein shall be construed to prohibit a legislator from introducing bills and resolutions, serving on committees or from making statements or taking action in the exercise of the legislator's legislative functions. Every legislator shall file a full and complete public disclosure of the nature and extent of the interest or transaction which the legislator believes may be affected by legislative action.