Advisory Opinion No. 65
This is in response to your letter of July 30, 1976,requesting this Commission to review and determine whether the relationship between Employee X, a liquor inspector, and a female employee of a liquor license establishment who holds a responsible position in such establishment gives rise to a conflict of interest.
Based on the statements made by Employee X's legal counsel, we are of the opinion that the issue of conflict of interest is temporarily moot.
We understand that this request was prompted by Employee X's relationship with a female employee of a liquor license establishment. We further understand that you are of the opinion that the close relationship between Employee X and the female employee could deter Employee X from carrying out his duties and responsibilities as a liquor inspector against the liquor establishment which employs the female employee.
We concur with your opinion. However, in the instant case, the statements of Employee X's legal counsel for the time being preclude the possibility of Employee X compromising his position as a liquor inspector to the detriment of the public interest. Employee X's legal counsel stated that the female employee has taken leave of absence without pay because of health reasons. Consequently, she is not actively employed by a liquor license establishment.
Accordingly, we are of the opinion that no decision is necessary from this Commission at this time. However, we have instructed Employee X to file a disclosure with the liquor Commission in case the subject employee is employed by any liquor license establishment. Upon filing of such disclosure, the Commission and you may review the situation and make a determination. If you find that a review by this Commission is necessary, please feel free to submit such disclosure to this Commission pursuant to procedures established by Mayor's Directive No. 82 dated April 17, 1973.
Dated: Honolulu, Hawai‘i, December 15, 1976.
Nathaniel Felzer, Chairman