LIHU‘E — Following a February bribery scandal, some Kaua‘i lawmakers have made moves to distance themselves from money tied to the central figure in the case.
Two resigned state lawmakers — former state Senate Majority Leader J. Kalani English and former state Rep. Ty J.K. Cullen — admitted in February to accepting bribes from wastewater executive Milton Choy in exchange for introducing and killing wastewater policy legislation.
Choy and his affiliates also spread hundreds of thousands of legal donations to politicians throughout the state — $356,000 in total, according to campaign finance data — many of which were returned in light of the bribery allegations.
Three state legislators from Kaua‘i returned a total of $15,100 in Choy-connected funds since the scandal broke.
State Rep. Jimmy Tokioka, who represents Wailua, Hanama‘ulu, Lihu‘e and Koloa, reported that he wrote a $2,500 check to the campaign spending commission returning Choy’s 2014 and 2019 donations, shortly after the story came to light, to reduce “perception of any payoff.”
“I was shocked with the whole scenario,” Tokioka added. “He never offered me any type of bribe.”
Senate President Ron Kouchi, who represents Kaua‘i and Ni‘ihau, announced that he would be returning $12,000 in donations provided by Choy and his associates from 2015 to 2017 to the commission shortly after the scandal broke.
State Rep. Nadine Nakamura, who represents Hanalei, Princeville, Kilauea, Anahola and Kapa‘a, was the latest to return the wastewater executive’s money, reporting that on April 14 she returned a $600 individual donation made by Choy in 2018.
Former Kaua‘i County Councilmember Ross Kagawa also received a legally reported $2,000 donation in 2018. The Garden Island is yet to confirm if this donation has been returned.
State Rep. Dee Morikawa, who represents Ni‘ihau, the Westside and portions of the South Shore, did not receive any money from Choy, according to public campaign finance reports.
Kawakami defends
his donations
Unlike the local state legislators, Mayor Derek Kawakami has remained adamant about holding on to Choy’s donations as he heads into his reelection campaign.
From 2017 to 2019, Kawakami received $8,500 in legally reported donations from Choy.
A statement from Dan Giovanni, Kawakami’s campaign chair, reported that Kawakami had no intention to return the funds because they “were not tied to any improper or unethical action.”
Choy’s interest in Kaua‘i may have stemmed from the business dealings he conducted on island.
In 2020, Choy’s company, H2O Process Systems LLC, received a $750,000 sole-source contract from the County of Kaua‘i to install an additional tertiary filter for the Wailua Wastewater Treatment Plant.
Kawakami’s Chief of Staff Sarah Blane reported that the mayor was not involved in the wastewater contract and that “the Wastewater Division went through the standard procurement process to procure that vendor.”
While businesses are not allowed to donate directly to political candidates, employees and owners of companies are allowed to make individual donations.
This was just one of many lucrative government contracts that Choy’s companies have received over recent years, including a 2020 contact to clean Honolulu buses that totaled more than $3.4 million.
Efforts at reform
State legislators filed an act in the wake of the scandal, Senate Bill 555, which would ban fundraisers during legislative sessions.
The bill received significant public support via testimony from 86 individuals and several community groups and government organizations, at a March 31 Committee on Judiciary and Hawaiian Affairs meeting.
“While we cannot regulate ethical behavior, this bill will incrementally help to reduce outside influences while bills are being deliberated,” said Nakamura.
Some see the measure to be largely toothless, however.
“Not having a fundraiser is really weak compared to saying you cannot raise money during session,” said state Rep. Dale Kobayashi at the JHA meeting. “So you can’t have a fundraiser but you can call up all the lobbyists you want and tell them, ‘I know this bill is important to you, by the way, can you send me a check?’”
Gary Hooser, executive director of the Pono Initiative, suggested that the bill should ban not just the holding of fundraisers but also the “solicitation or acceptance” of any campaign contributions during the session, as is seen in Virginia state law.
Nakamura said that, “to truly address the issue, public-financed campaigns should be considered.”
Nakamura and Tokioka both voted in favor of the bill at the JHA meeting, though Nakamura voted with reservations, saying that since county councilmembers are almost always in session, the bill would effectively make it “unrealistic” for county officials to hold fundraisers at all.
The bill passed the Senate and the House, though the chambers have disagreed about language of the legislation.
It now may head to a conference committee for both chambers to reach an agreement.
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Guthrie Scrimgeour, reporter, can be reached at 647-0329 or gscrimgeour@thegardenisland.com.
If English and Cullen’s bribery story didn’t come to light. I wonder , ” how much of our Kauai Representative would have keep their donations?”
We need to be able to know our legislators are working for what is the Best for Kauai people….Wastewater is a really big issue…. Kauai needs a county managed sewer system in Koloa and Poipu……