§84-14 Conflicts of interests. (a) No
employee shall take any official action directly affecting:
(1) A business or other undertaking in which the
employee has a substantial financial interest; or
(2) A private undertaking in which the employee is
engaged as legal counsel, advisor, consultant, representative, or other agency
capacity.
A department head who is unable to disqualify
the department head's self on any matter described in paragraphs (1) and (2)
will not be in violation of this subsection if the department head has complied
with the disclosure requirements of section 84-17.
A person whose position on a board, commission,
or committee is mandated by statute, resolution, or executive order to have
particular qualifications shall only be prohibited from taking official action
that directly and specifically affects a business or undertaking in which the
person has a substantial financial interest; provided that the substantial
financial interest is related to the member's particular qualifications.
(b) No employee shall acquire financial
interests in any business or other undertaking which the employee has reason to
believe may be directly involved in official action to be taken by the
employee.
(c) No legislator or employee shall assist any
person or business or act in a representative capacity before any state or
county agency for a contingent compensation in any transaction involving the
State.
(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 the legislator or employee has
participated or will participate as a legislator or employee, nor shall the
legislator or employee 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 the
legislator or employee is an employee or legislator.
(e) No employee shall assist any person or
business or act in a representative capacity before a state or county agency
for a fee or other consideration on any bill, contract, claim, or other
transaction or proposal involving official action by the agency if the employee
has official authority over that state or county agency unless the employee has
complied with the disclosure requirements of section 84-17.
(f) Nothing in this section shall be construed
to prevent a person from:
(1) Serving on a task force; or
(2) Making statements or taking official action as a
task force member or a task force member's designee or representative;
provided that every task force member or designee or
representative of a task force member shall publicly disclose the nature and
extent of any interest or transaction that the task force member or task force
member's designee or representative believes may be affected by the task force
member's official action. The state ethics commission shall adopt rules
pursuant to chapter 91 to effectuate the purposes of this subsection. [L 1972,
c 163, pt of §1; am L 1978, c 245, §2; am L 2012, c 208, §5; am L 2019, c 119, §3]
Case Notes
"Directly affecting" construed; change in
classification of lands by land use commission directly affects petitioners,
but others are affected only indirectly, at most. 57 H. 87, 550 P.2d 1275.
Notes of Decisions
Boyd v. Hawaii State Ethics Comm'n., 378 P.3d 934 (Haw. 2016).
· cites it 56× “We conclude that HRS § 84-14 (1993), prescribing a code of conduct related to conflicts of interests for State employees, and HRS Chapter 302B (Supp.”
In re Contested Case Hearing re Conservation Dist. Use Application, 431 P.3d 752 (Haw. 2018).
· cites it 4× “" HRS § 84-14 (1993 & Supp. 2012) then provides: A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and…”
Alvarez Fam. Trust v. Ass'n of Apt. Owners of the Kaanapali Alii, 221 P.3d 452 (Haw. 2009).
· cites it 4× “While HRS § 171-5 does not contain a conflict provision, this court in Hawaii Electric "observe[d] that HRS § 84-14(a)(1) (1993) states that `no employee shall take any official action directly affecting a business or other undertaking in which he [or she] has a substantial…”
Boyd v. Hawai'i State Ethics Comm'n, 358 P.3d 709 (Haw. App. 2015).
· cites it 63× “HRS § 84-14(a)(1) provides: § 84-14 Conflicts of interest, (a) No employee shall take any official action directly affecting: *154 (1) A business or other undertaking in which the employee has a substantial financial interest.”
In re Contested Case Hearing re Conservation Dist. Use Application, 143 Haw. 379 (Haw. 2018).
· cites it 4× “” HRS § 84-14 (1993 & Supp. 2012) then provides: A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and…”
Akana v. Hawai'i State Ethics Comm'n, 542 P.3d 291 (Haw. App. 2024).
· cites it 4× “There, the supreme court held that the Commission did not have authority to adjudicate conflicts-of-interest proceedings under HRS § 84-14 against Boyd, a state charter school employee.”
Sameshima v. Yamashiro, 642 P.2d 544 (Haw. App. 1982).
“Paragraph 19 charges: Defendant’s actions have been and continue to be in violation of Article XIV, Section 5 of the Hawaii State Constitution and Chapter 84, Hawaii Revised Statutes, in that Defendant’s actions constitute a conflict of interest as defined under Section 84-14,…”
— Haw. Rev. Stat. § 84-14(1) — 1 case
— Haw. Rev. Stat. § 84-14(1)(A) — 1 case
— Haw. Rev. Stat. § 84-14(a) — 6 cases
Boyd v. Hawaii State Ethics Comm'n., 378 P.3d 934 (Haw. 2016).
“We conclude that HRS § 84-14 (1993), prescribing a code of conduct related to conflicts of interests for State employees, and HRS Chapter 302B (Supp.”
In re Contested Case Hearing re Conservation Dist. Use Application, 431 P.3d 752 (Haw. 2018).
“" HRS § 84-14 (1993 & Supp. 2012) then provides: A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and…”
In re Contested Case Hearing re Conservation Dist. Use Application, 143 Haw. 379 (Haw. 2018).
“” HRS § 84-14 (1993 & Supp. 2012) then provides: A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and…”
— Haw. Rev. Stat. § 84-14(a)(1) — 2 cases
Alvarez Fam. Trust v. Ass'n of Apt. Owners of the Kaanapali Alii, 221 P.3d 452 (Haw. 2009).
“While HRS § 171-5 does not contain a conflict provision, this court in Hawaii Electric "observe[d] that HRS § 84-14(a)(1) (1993) states that `no employee shall take any official action directly affecting a business or other undertaking in which he [or she] has a substantial…”
Boyd v. Hawai'i State Ethics Comm'n, 358 P.3d 709 (Haw. App. 2015).
“HRS § 84-14(a)(1) provides: § 84-14 Conflicts of interest, (a) No employee shall take any official action directly affecting: *154 (1) A business or other undertaking in which the employee has a substantial financial interest.”
— Haw. Rev. Stat. § 84-14(a)(l) — 2 cases
Alvarez Fam. Trust v. Ass'n of Apt. Owners of the Kaanapali Alii, 221 P.3d 452 (Haw. 2009).
“While HRS § 171-5 does not contain a conflict provision, this court in Hawaii Electric "observe[d] that HRS § 84-14(a)(1) (1993) states that `no employee shall take any official action directly affecting a business or other undertaking in which he [or she] has a substantial…”
Boyd v. Hawai'i State Ethics Comm'n, 358 P.3d 709 (Haw. App. 2015).
“HRS § 84-14(a)(1) provides: § 84-14 Conflicts of interest, (a) No employee shall take any official action directly affecting: *154 (1) A business or other undertaking in which the employee has a substantial financial interest.”
— Haw. Rev. Stat. § 84-14(d) — 2 cases
Boyd v. Hawaii State Ethics Comm'n., 378 P.3d 934 (Haw. 2016).
“We conclude that HRS § 84-14 (1993), prescribing a code of conduct related to conflicts of interests for State employees, and HRS Chapter 302B (Supp.”
Boyd v. Hawai'i State Ethics Comm'n, 358 P.3d 709 (Haw. App. 2015).
“HRS § 84-14(a)(1) provides: § 84-14 Conflicts of interest, (a) No employee shall take any official action directly affecting: *154 (1) A business or other undertaking in which the employee has a substantial financial interest.”
— Haw. Rev. Stat. § 84-14(i)(A) — 1 case
— Haw. Rev. Stat. § 84-14(l)(A) — 1 case
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