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

Resolution of Charge
2018-05
(COMPL-C-17-00001)
Department of Land and Natural Resources, Division of Boating and Ocean
Recreation, Kauai Office, Building Maintenance Worker’s Alleged Violations of
Fair Treatment Law
December 14, 2018

The Hawaii State Ethics Commission (“Commission”) has resolved a Charge
issued against Manuel Andrade, Building Maintenance Worker 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 Andrade admitted and declared, under penalty of perjury, that the
following facts are true and correct:
a) Respondent Andrade, 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”). He has worked for DOBOR-Kauai since approximately
2003, first as a Harbor Agent, and since approximately 2006 as a Building
Maintenance Worker (“BMW”). His current position is BMW II.
b) Respondent Andrade, at all times relevant herein, was a state employee
as defined in HRS § 84-3. As a state employee, Respondent Andrade
was required to comply with the State Ethics Code.
c) On or about October 14, 2016, Respondent Andrade and several other
DOBOR-Kauai employees were tasked with disposing of a 55-gallon
barrel of diesel fuel that had washed up on a Kauai beach. The fuel
should have been disposed of as hazardous waste at the Nawiliwili Small
Boat Harbor. Instead, Respondent Andrade assisted another DOBORKauai employee (hereinafter referred to as “DOBOR-Kauai Employee #1”)
Telephone: (808) 587-0460 Email: ethics@hawaiiethics.org

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

 Resolution of Charge 2018-5
Page 2
in transporting the diesel fuel to private pasture land leased or otherwise
controlled by a family member of DOBOR-Kauai Employee #1 in Anahola
on state work time, using a state truck, so that it could be used for
personal purposes. The fuel was later poured on fence posts (as a
preservative) at the Anahola pasture land, rather than being disposed of
as hazardous waste. Respondent Andrade believes that his supervisor,
DOBOR-Kauai District Manager Joseph Borden, approved of the disposal
of the diesel fuel in this manner.
d) In or around April 2017, at the request of District Manager Borden,
Respondent Andrade assisted DOBOR-Kauai Employee #1 in identifying
and gathering state materials, including several light fixtures and/or light
poles, to give to a private individual at no charge. Respondent Andrade
provided these materials to District Manager Borden, and Respondent
Andrade believes that District Manager Borden then provided these
materials to the private individual.
e) For multiple weeks in early 2017, Respondent Andrade used state tools
and equipment at the DOBOR-Kauai maintenance facility to attempt to
fabricate a headstone cover (also known as a “Dutch”) for his mother’s
gravestone. This project involved the use of DOBOR-Kauai’s Tweco
brand welder and other pieces of DOBOR-Kauai equipment. District
Manager Borden authorized Respondent Andrade to use state tools and
equipment to attempt to fabricate the headstone cover.
f) For years, including multiple occasions between 2013 and 2018,
Respondent Andrade took DOBOR-Kauai equipment away from state
premises for his personal use, including a string trimmer, a chainsaw, a
vacuum cleaner, and a bush cutter. District Manager Borden authorized
Respondent Andrade to borrow state tools and equipment, both at the
DOBOR-Kauai facility and away from the DOBOR-Kauai facility.
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.
1

Hawaii State Constitution, Art. XIV.

 Resolution of Charge 2018-5
Page 3

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 Andrade

As an employee of DOBOR-Kauai, Respondent Andrade is a state employee for
purposes of the State Ethics Code.3 As a state employee, Respondent Andrade is
required to comply with the State Ethics Code.
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.
The Commission investigated Respondent Andrade’s actions and believes that
Respondent Andrade likely violated the Fair Treatment law by using state time and
equipment for his personal use; by using state resources to transport diesel fuel to
private property; and by assisting other DOBOR-Kauai employees in providing state
equipment to a private individual. Particularly relevant in this case, diverting state
property to private individuals, even at the direction of a supervisor, raises serious
concerns under the State Ethics Code and undermines the trust placed in government
officials by the people of Hawaii.

III.

Resolution of Charge

The Commission issued a Charge against Respondent Andrade on May 17,
2018. The Commission believes that, based on the facts admitted above,4 Respondent
Andrade likely violated the Fair Treatment Law (HRS § 84-13).
Respondent Andrade fully cooperated with the Commission in its investigation;
he was forthcoming with the Commission’s investigators and has taken responsibility for
his actions. Respondent Andrade has not previously been the subject of a Commission
charge or investigation.

2

HRS Chapter 84, Preamble.

3

HRS § 84-3.

4

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

 Resolution of Charge 2018-5
Page 4
Given the likely violations of the State Ethics Code, the Commission believes it is
reasonable, fair, and in the public interest to resolve the Charge by (1) issuing this
Resolution of Charge, and (2) requiring Respondent Andrade to pay an administrative
penalty of $2,000 to the State of Hawaii.