HAR §2l-7-10. Fair treatment

(a) Subject to article m, section 7 of tbe Ilawai' i Stale Constitution and section 84-13, HRS, legislators and employees shall not use or attempt to use their ofCicial positions to solicit, request, accept, receive, or grant unwarranted privileges, exemptions, advantages, contracts, treatment, or benefits, for themselves or others, or to subject others lo unwarranted treatment, whether favorable or unfavorable. Among other things, legislators and employees shalJ not: ( I) Take unwarranted acLion 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 thal the 7-6 ' t,,,-11 1 1, §21-7-10 (2) (3) (4) (5) (6) action or lack of actioJ1, or threflt thereof, was intended as retaliation for lodging a complaint or cooperating with a commission investigation; 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 thei1j current and Conner employees; Accept, receive, or solicit compensation, honoraria, other consideration, or gifts for the performance of theiJ official duties or responsibilities except ns provided by law; Use state resow·ces for private business purposes, including, but not limited to, Lhe use of state resources for: (A) Political campa ign activities; (B) Advertising or publicizing the sale of goods or services; (C) Taking or responding lo sales orders or inquiries; (D) Preparing or sending invoices; (E) Collecting payments; (F) Producing or deli vering goods or se1·vices; (G) Arranging or conducting piivate business meetings; (H) Requesting or directing other state personnel to assist with private business aclivilies; or (I) Otherwise f-urtbering a private business interest, except where the State has made a state faci lity or resource available for rent, purchase, or use by private organjzations or individuals on generally equal terms and such use serves a slate puq)ose; 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 Affai.rs, or the President of tbe University of Hawaii, where such fundraising serves a significant stale purpose; or (B) In conjunction wiU1 a nonprofit organization that exists for the sole purpose ofassisting and supporting a state facility or program, including btH not limited to a state charter school; 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 7-7 J J 78 §2 1-7- 10 (7) Abuse their position within state government to sexually harass another individual. (b) ln all but the most extraordinary circumstances, acceptance ofn gift in compliance with section 84-11 , IIRS, and sections 21-7-1 to 21-7-6 will comport with the fair treatment law; however, solicitation or acceptance ofa substantial number of individual gifts may raise fai1· trealment concerns even if each individual gin is acce1~table. [Eff NOV 2 8 2020 ](Auth: HRS §84-3 1 (a)(5)) (Imp: HRS §§84-11, 84-13) 7-8 3 3 78 §21-8-2 HAWAll ADMINISTRATNE RULES TITLE 2 1 LEGlSLA TIVE AGENCIES CHAPTERS STATE ETHICS CO.tvrMISSION CONFLICTS OF INTERESTS §2 1-8-1 Conflicts of interests, director or officer of private organization in employee's state capacity §2 1-8-2 Acquiring financial interest in a business or other undertaking; reaso n to be! ieve §2 1-8-3 Assist or represent, exception fo r personal service contracts §2 1-8-4 Public disclosure of interests or transactions affected by task force members' official action §21·8~1 Conflicts of interests, director or officer of private organization in employee's state capacity. (a) /\n employee who serves as a director or officer of a private organization in the employee's official capacity is not prohibited from taking official action affecting that organization, provided that action does not affect the personal financial interest of the employee, the employee's spouse or civil union partner, or the employee's dependent children. (b) Any discretionary action taken by the employee as a director or officer as set fo1th in subsection (a) shall be consWered official action for purposes of chapter 84, HRS. [Eff NOV 2 ts J]lW) ] (Auth: HRS §§84-3 l(a)(S)) (lmp: HRS §§84-3, 84-14, 84-31) §21-8-2 Acquiring financial intel'est in a business or othel' undertaldng; reason to believe. For purposes of section 84-l 4(b ), HRS, an employee has "reason to believe" that the employee "may be directly involved in official action to be taken by the employee" where there is a reasonable likelihood the employee may take official action affecting the business or unde1taking. [ElT N8V 2 8 itmn ] (Auth: HRS §§84-3 I(a)(5)) (Imp: HRS §§84-14, 84-31) 8·1 1