Voters in the November 3 election will decide whether the Honolulu prosecuting attorney should be limited to two consecutive four-year terms.

Honolulu City Council members voted unanimously on January 29 to add the measure to the 2020 election ballot.

Voters last addressed a potential term limit on the prosecutor in 2016.

That year, citizens voted down a measure that would have established a three-year term limit for the prosecuting attorney, the mayor and council members.

A special election will take place on Saturday, April 13, to fill a vacancy in Honolulu City Council District 4.

The Hawaii Supreme Court invalidated the results of the November special election that showed incumbent Trevor Ozawa beating challenger Tommy Waters by 22 votes.

The invalidation triggered a mail-in special election for the candidates.

There will be a voter registration deadline of March 14. Early walk-in voting will take place at Honolulu Hale between April 1 and April 13, excluding Sunday.

City Council District 4 runs from Hawai’i Kai to Waikiki.

Jan Yamane has been selected to fulfill the role of executive director and legal counsel for the Honolulu Ethics Commission, effective immediately. She is the former acting state auditor.

Yamane replaces Charles Totto, who stepped down from the position on June 15.

Chuck Totto, executive director of the Honolulu Ethics Commission, resigned effective immediately.

Totto acknowledged some commissioners do not trust him to make important decisions. He blamed his resignation, in part, on his longstanding adversarial relationship with the administration of Mayor Kirk Caldwell.

Through a spokesperson, Caldwell thanked Totto for his service to the city. Caldwell will face off against Totto’s attorney, former Honolulu Mayor Peter Carlisle, in this year’s mayoral race.

Totto has not decided what he will do next, but confirmed he will not seek the vacant position leading the State Ethics Commission.

Several Honolulu departments and agencies will soon be moving into the recently renovated Kapalama Hale, a 55,000 square-foot building formerly known as the Sprint Building.

The first phase of relocation begins mid-June with the Department of Customer Service driver licensing and Satellite City Hall operations moving from City Square to the new facility. Other departments, including the Ethics Commission, are scheduled to move at a later date.

To minimize disruption of service to the public, the moves will occur on weekends with only one day of closure for each facility.

The Honolulu Charter Commission is considering a proposal today to clarify conflict-of-interest provisions for city employees and officials. Current charter provisions prohibit employees and officials from soliciting or accepting any gift, directly or indirectly, if it can reasonably be inferred the gift is intended to influence the officer or employee in the performance of official duties. The new proposal would prohibit only those gifts intended to influence an officer or employee in the performance of official duties and benefiting the official, his or her family, or individuals or organizations with which he or she has a past, present, or future connection.

Proponents argue the proposal creates a clear standard of conduct, while opponents claim the changes would make it more difficult to enforce gift restrictions in the future. It is inherently difficult to prove the intent behind a gift or the existence of a connection with the recipient. The proposal, therefore, will likely result in individuals, namely lobbyists, avoiding penalties. Interestingly enough, several commission members are current or former lobbyists, or work for organizations employing lobbyists.

Chuck Totto, executive director of the Honolulu Ethics Commission, is on leave following an internal personnel investigation. The commission received a complaint regarding Totto’s management of staff and hired an independent investigator.

Totto has been the executive director for over a decade, but has publically struggled to get along with Mayor Kirk Caldwell and his appointees on the commission for the past three years. Conflict emerged in 2013 when Totto investigated the mayor’s inaugural luau, an event largely funded by lobbyists and city contractors.

Totto has been on leave since March 1 and is expected to return on April 4.

In an ongoing battle for independence, the Honolulu Ethics Commission sent a letter to Mayor Kirk Caldwell highlighting the latest affront by corporation counsel and asking the administration to demonstrate its commitment to a strong ethics program.

The letter mentioned commission plans to investigate city employees suspected of getting paid for work they did not do. The suspected fraud is estimated to cost the city a quarter of a million dollars per year, and the commission requested authority to purchase a $600 GPS tracking device to use as part of its investigation. Donna Leong, the city’s corporation counsel, took five weeks to conditionally approve the purchase, by which time the investigative window had closed.

The Caldwell administration did not respond or comment on the letter; it will likely be discussed at the June 26 Ethics Commission meeting.

Honolulu Mayor Kirk Caldwell’s administration is currently at odds with the City Ethics Commission. Earlier in the year the Commission inquired as to whether the Department of the Corporation Counsel has the power and duty to advise city employees on matters of ethics.

In a memorandum to all municipal agencies, the Department announced it does have said authority; the Ethics Commission disagrees.

The administrative decision may potentially result in city attorneys and Ethics Commission attorneys offering conflicting advice. Also problematic, the Ethics Commission is insulated from retaliation as an autonomous agency, whereas city attorneys are afforded no such protection.

If nothing else, the memo is likely to cause public confusion as the relationship between administration and Commission deteriorates. Subpoenas may be on the horizon for Mayor Caldwell’s top executives as the Ethics Commission investigates possible corruption in city hall.

Honolulu Mayor Caldwell and his transitional team came under the review of the city Ethics Commission recently for potential violations of gift law. The Commission found no violations due to a lack of established ethical guidelines but placed restrictions on future donations for inaugural or transitional purposes.

Safeguards put in place to avoid pay-to-play concerns include mandatory public disclosure of all donations, including the amount of and use for each, prohibition against asking current or prospective city officers or employees to solicit or make contributions, and requiring each donor/contributor to confirm he or she is not a registered lobbyist and has no future business with the city in which the administration is likely to be involved.

The Commission further held donations used to support legitimate government purposes, such as the transition between administrations and the official inaugural ceremony, are gifts to the city.