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The Honolulu Advertiser
Posted on: Friday, April 17, 2009

Big hole in legislator's cloak of immunity

By Lee Cataluna
Advertiser Columnist

The recent uproar over Joe Bertram brings up a line that is often used to brush aside questionable behavior by community leaders.

Bertram, a Maui legislator, testified on behalf of his friend who tried to entice a minor for sex over the Internet. Bertram called it an "imaginary crime," eliciting harsh public criticism, but he defended his actions saying he was speaking as a private citizen.

Another variation on the theme goes, "I was acting as an individual, not in the capacity of my job as a (fill in the blank — lawmaker, member of the governor's staff, highly paid head of a quasi-governmental agency ... )"

What?!

Since when is that a cloak of immunity? You are who you are 24 hours a day. People can't just change hats or assume an alter ego and do things that won't reflect on their professional lives.

That is especially true for elected officials. Ask Ron Menor. It is especially true in today's world, where the line between public and private is erased by the likes of Facebook and Twitter.

But it is also true for regular people living regular lives.

If a guy who owns a shoe store gets busted for some pilau behavior and word gets out about it, of course that's going to affect his business. Maybe the guy was being pilau on his own time, but nobody wants to buy shoes from a weirdo.

Many jobs come with inherent restrictions. Reporters can't suddenly put down the notebook and testify as a "private citizen" in public hearings we're covering. There are things we cannot do, even as "individuals," like campaign for a politician.

That's not to say that a politician can't testify on behalf of a friend. Everyone has that right. Say what you want, but if your job is dependent on the public's perception, know that you will be judged. An elected official shouldn't be shocked when people take notice and ask questions. In Bertram's case, it wasn't so much that he loyally stood by his friend, it was what he said beyond vouching for the guy — minimizing the crime and criticizing the law.

If you want to play private citizen, don't seek public office.

Lee Cataluna's column runs Tuesdays, Fridays and Sundays. Reach her at 535-8172 or lcataluna@honoluluadvertiser.com.