HAWAII STATE ETHICS COMMISSION
State of Hawaii · Bishop Square, 1001 Bishop Street, ASB Tower 970 · Honolulu, Hawaii 96813
50th ANNIVERSARY 1968-2018

Resolution of Investigation
2018-5
(COMPL-C-17-00001-03)
Department of Land and Natural Resources, Division of Boating and Ocean
Recreation, Kauai Office, Harbor Agent’s Alleged Violations of Fair Treatment Law
December 14, 2018

The Hawaii State Ethics Commission (“Commission”) has resolved an
investigation of Kathy Rosare, Harbor Agent II, Department of Land and Natural
Resources (“DLNR”), Division of Boating and Ocean Recreation, Kauai Office
(“DOBOR-Kauai”), for alleged violations of the State Ethics Code, Hawaii Revised
Statutes (“HRS”) chapter 84.
I.

Facts

Respondent Rosare admitted and declared, under penalty of perjury, that the
following facts are true and correct:
a) Respondent Rosare, at all times relevant herein, was employed by the
Department of Land and Natural Resources (“DLNR”), a state agency, in
the Kauai office of the Division of Boating and Ocean Recreation
(“DOBOR-Kauai”). She has worked for DOBOR-Kauai since
approximately 2005. Her current position is Harbor Agent II.
b) Respondent Rosare, at all times relevant herein, was a state employee as
defined in HRS § 84-3. As a state employee, Respondent Rosare was
required to comply with the State Ethics Code.
c) In her private capacity, and as a hobby, Respondent Rosare breeds and
sometimes sells dogs to cover her breeding expenses. On multiple
occasions in 2015, 2016, and 2017, Respondent Rosare used state
resources, including state time, to facilitate her dog breeding hobby: she
used her state e-mail account and her state computer to coordinate the
purchase, sale, and transport of a dog; in 2017, she brought a small sick
dog to the DOBOR-Kauai office and treated the dog with medication
during the work day.
Telephone: (808) 587-0460 Email: ethics@hawaiiethics.org

Website: http://ethics.hawaii.gov/

 Resolution of Investigation 2018-5
Page 2
d) In her private capacity, Respondent Rosare rents a room to another
DOBOR-Kauai employee. In 2017, Respondent Rosare used state
resources, including her state e-mail account and her state computer, to
facilitate her room rental.
e) On multiple occasions in 2013 and 2014, Respondent Rosare used state
resources – including her state e-mail account, her state computer, and
state time – to research, design, and purchase t-shirts for her supervisor.
DOBOR-Kauai District Manager Joseph Borden asked or authorized
Respondent Rosare to perform this work; Respondent Rosare was aware
that this work was not for state business.

II.

The State Ethics Code, HRS Chapter 84
A.

Constitutional Mandate and Statutory Purpose

The State Ethics Code arises from the declaration contained in the State
Constitution that “[t]he people of Hawaii believe that public officers and employees must
exhibit the highest standards of ethical conduct and that these standards come from the
personal integrity of each individual in government.”1 To this end, the Hawaii
Constitution further directs that the legislature enact a code of ethics that applies to all
appointed and elected state officers and employees.
In accordance with this constitutional mandate, the legislature enacted the State
Ethics Code and charged the Commission with administering and enforcing the law “so
that public confidence in public servants will be preserved.”2 Additionally, the legislature
explicitly directed that the State Ethics Code be liberally construed to promote high
standards of ethical conduct in state government. HRS § 84-1. It is in this context that
the Commission examines every employee’s actions.
B.

Application of the State Ethics Code to Respondent Rosare

As an employee of DOBOR-Kauai, Respondent Rosare is a state employee for
purposes of the State Ethics Code.3 As a state employee, Respondent Rosare is
required to comply with the State Ethics Code.

1

Hawaii State Constitution, Art. XIV.

2

HRS Chapter 84, Preamble.

3

HRS § 84-3.

 Resolution of Investigation 2018-5
Page 3
HRS § 84-13 (the “Fair Treatment Law”) prohibits a state employee from using
her or his state position to obtain unwarranted privileges, advantages, or benefits for the
employee or others. HRS § 84-13(3) specifically prohibits a state employee from using
state time, equipment, or facilities for private business purposes.
The Commission investigated Respondent Rosare’s actions and believes that
Respondent Rosare likely violated the Fair Treatment law by using state resources –
including her state e-mail account, state computer, state office, and/or state time – to
facilitate her private business activities. The Commission likewise believes that
Respondent Rosare likely violated the Fair Treatment law by using state resources to
assist a DOBOR-Kauai Supervisor in researching, designing, and purchasing t-shirts for
private ranching organizations.

III.

Resolution of Investigation

The Commission believes that, based on the facts admitted above,4 Respondent
Rosare likely violated the Fair Treatment Law (HRS § 84-13). Respondent Rosare has
not previously been the subject of a Commission charge or investigation.
Given the likely violations of the State Ethics Code, the Commission believes it is
reasonable, fair, and in the public interest to resolve this matter by (1) issuing this
Resolution of Investigation, and (2) requiring Respondent Rosare to pay an
administrative penalty of $1,500 to the State of Hawaii.

4

This Resolution does not make formal findings, but relies on the facts admitted by Respondent Rosare.