Tightrope
November 3rd, 2009 by Derrick DePledgeState 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:
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.
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.
November 3rd, 2009 at 9:16 am
This is a clear case of conflict of interest - lawyers are known to stretch the law to suit their purposes. If Ms. Au cannot see this, she must be blind (in more ways than one). The right thing to do is to not work on the suit and not disclose any inside info she may have to assist her Seitz.
November 3rd, 2009 at 9:47 am
Oh my GOsh. Rep Belatti is using both her job as legislator and as a private attorney to try and get our kids back into school! What a shocking abuse!
Let's see. How does it compare with the routine conflicts whereby legislators push through bills consciously designed to help businesses owned by family, friends, campaign conttributors? How many House members have asked to be recused from votes for conflicts of interest? And how many has the Speaker granted?
There may be minor ethical restrictions on Rep Belatti's behavior in this situation, but in broad outline, so long as she behaves in an open, transparent fashion for all to see, I see no fundamental conflict between her legislative duties and her legal advocacy on behalf of our kids.
I see MORE of a problem with the refusal of the Speaker, the Senate President and Governor Lingle to take ANY action to resolve the current crisis. While Belatti is attacking the problem on two fronts, they are wallowing in their "no can do nothing" malaise.
November 3rd, 2009 at 10:34 am
Welll Kolea, they are both wrong. Two wrongs dont make a right. If the ethics commission signs off on this they have no leg to stand on to go after anyone else who pushes an issue you dont morally approve of...
November 3rd, 2009 at 11:36 am
Kailuaresident,
If Della uses some sort of secret, inside knowledge in a way that causes Seitz's law firm to gain financial benefit, OK, that's wrong. But pray tell, what "insider info" would she likely have access to as a rep? The secrecy of the caucus is meant to allow for frank discussions and deal-making, not to hide from public view "classified" information.
On a practical level, Della might be wise to disentangle herself simply because the "appearance of conflict" might reduce her effectiveness on the issue and provide a distraction from the REAL sin, the lethargy of our elected leadership in responding to the furlough crisis.
November 4th, 2009 at 11:28 am
The key point here is that Ms Au and her firm will benefit economically from this scenario; even though the end result is that she is advocating to stop the teachers furloughs. One cannot use an "honorable" reason or cause to gain economic benefits and say it is okay, otherwise, there will be many abuses in this area. If there were no compensation involved and her firm was doing thie pro bono, then it might be okay.
November 4th, 2009 at 3:29 pm
If she's as effective in the courtroom as she is in the legislature, nothing will happen anyway. She is sort of the left's version of Charles Djou; all indignant thunder and lightning when there's an audience but silence when no one's looking, and no results in any event. Saying the right thing matters not a whit if you are not able to do anything about it.
November 4th, 2009 at 4:59 pm
"...all indignant thunder and lightning when there's an audience but silence when no one's looking, and no results in any event."
Oh my gosh, ohia, that was the most apt description anyone could have ever come up with.
Regarding the conflict of interest issue. When there's a ruling of "no conflict" on a vote, it's generally on the principal that a legislator is part of a class of individuals, even if the legislator stands to gain. That is, if a legislator is an attorney, and he or she votes for a bill that would lower taxes on all attorneys, it's okay, because he or she is one of a larger number of people, as opposed to voting for something which you benefit from solely (i.e., enabling a contract with the state for your own company). Whether or not you agree with that logic (Kailuaresident, I'm talking to you!), it's apparent that Belatti, as an attorney who stands to profit from working on the case, is one of a VERY small class. Nearly Super Ferry size, if you remember the bill from that special session, not too long ago.
The fact that she was standing next to Eric Seitz at that rally at the Capitol does not help her case.
November 11th, 2009 at 1:43 pm
Eric Seitz is suing on behalf of everyone who is affected by furlough but no one is paying him. This is a class action suit on behalf of the handicapped and the public. Who is not affected by furlough? This is a public interest lawsuit by volunteer attorneys trying to do the right thing for the public. How can Ms. Au possible benefit in any way? This is a labor of love.
November 15th, 2009 at 4:30 pm
Bellati has an open, self-serving conflict and doesn't care, Calvin Say passes bills that benefit him personally (http://pacific.bizjournals.com/pacific/stories/2009/11/16/story1.html?b=1258347600^2441981), what's new in Hawaii politics? Voters know, now what are they going to do about it?