Haw. Code R. § 21-7-10 - Fair treatment

Current through October, 2021

(a) Subject to article III, section 7 of the Hawaii State Constitution and section 84-13, HRS, legislators and employees shall not use or attempt to use their official positions to solicit, request, accept, receive, or grant unwarranted privileges, exemptions, advantages, contracts, treatment, or benefits, for themselves or others, or to subject others to unwarranted treatment, whether favorable or unfavorable. Among other things, legislators and employees shall not;

(1) Take unwarranted action or withhold warranted action against an individual, or threaten to do so, for lodging a complaint with the commission, where a reasonable person would conclude that the action or lack of action, or threat thereof, was intended as retaliation for lodging a complaint or cooperating with a commission investigation;

(2) Use or attempt to use their official position to seek or secure private employment or contracts for services for themselves or others, provided that legislators and employees may offer professional references for there current and former employees;

(3) Accept, receive, or solicit compensation, honoraria, other consideration, or gifts for the performance of their official duties or responsibilities except as provided by law;

(4) Use state resources for private business purposes, including, but not limited to, the use of state resources for:

(A) Political campaign activities;

(B) Advertising or publicizing the sale of goods or services;

(C) Taking or responding to sales orders or inquiries;

(D) Preparing or sending invoices;

(E) Collecting payments;

(F) Producing or delivering goods or services;

(G) Arranging or conducting private business meetings;

(H) Requesting or directing other state personnel to assist with private business activities; or

(I) Otherwise furthering a private business interest, except where the State has made a state facility or resource available for rent, purchase, or use by private organizations or individuals on generally equal terns and such use selves a state purpose;

(5) Use state resources for fundraising, except:

(A) As approved by the Governor, the Speaker of the House and President of the Senate, the Chief Justice, the Board of Directors of the Office of Hawaiian Affairs, or the President of the University of Hawaii, where such fundraising selves a significant state purpose; or

(B) In conjunction with a nonprofit organization that exists for the sole purpose of assisting and supporting a state facility or program, including but not limited to a state charter school;

(6) Solicit or engage in a substantial financial transaction with a subordinate or a person or business the legislator or employee inspects or supervises in an official capacity; or

(7) Abuse their position within state government to sexually harass another individual.

(b) In all but the most extraordinary circumstances, acceptance of a gift in compliance with section 84-11,1 IRS, and sections 21-7-1 to 21-7-6 will comport with the fair treatment law; however, solicitation or acceptance of a substantial number of individual gifts may raise fair treatment concerns even if each individual gift is acceptable.

Notes

Haw. Code R. § 21-7-10

[Eff 11/28/2020] (Auth: HRS § 84-31(a)(5)) (Imp: HRS §§ 84-11, 84-13)