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Advisory Opinion No. 36

This is in response to your request for a determination whether there is a conflict of interest in your situation as a member of the City Council Auditor's staff and as a representative of the financial interest of your wife and children in connection with the proposal of the City to set aside Building X as a historic building.

We are of the opinion that there is no conflict so long as you confine your representation of your family interest with the State Bi-Centennial Commission relative to the purchase or lease of Building X and site.

We understand that your primary interest is to represent the interest of your wife and children in Building X and site relative to its purchase or lease with the State Bi-Centennial Commission. Intertwined in this particular situation is the present plan with the City to demolish a portion of Building X and the acquisition of a portion thereof for a new fire station. The Bi-Centennial Commission's counter proposal is to leave the existing fire station as a historic building. Your desire is to pursue the present plans of the City to construct anew fire station and tear down the existing fire station on the ground that such action would be to the best interest of your wife and children. In this connection you have assured this Commission that you will concentrate your efforts on the relatives of your wife who have an interest in the present Building X and induce them to go along with the City's plan of tearing down the present fire station and to build a new fire station. You will not make any appearance before the Council to induce the Council to go ahead with the present plans for the construction of a new fire station which you believe would be in the best interest of your wife's and children's interest.

In view of the foregoing we conclude that there is no conflict of interest in your situation so long as you make no appearance before the City Council to induce them to take a course of action compatible with your wife's and children's interest.

Dated: Honolulu, Hawai‘i, April 27, 1973.

Rev. Dr. Kenneth O. Rewick, Chairman
Last Reviewed: Wednesday, June 12, 2002