HONOLULU — The state Ethics Commission has resolved a charge against a Moanalua Elementary School teacher who admitted to accepting checks totaling $48,000 from an elderly school volunteer and using the money for personal expenses.

What You Need To Know

  • According to a resolution-of-charge document, Vera Alvarez accepted multiple cashier’s checks from the unnamed donor between Feb. 2, 2021, and Jan. 27, 2022
  • The resolution requires Alvarez to repay the donor $34,000, return the undeposited checks and pay a $5,000 penalty to the state. The case will also be referred to the state Department of Education for disciplinary action
  • Alvarez admitted that she started accepting the payments less than a month after she and the rest of the school staff received training on fair treatment and gifts laws
  • The commission determined that Alvarez and the donor were only acquainted via the school

According to a resolution-of-charge document, Vera Alvarez accepted multiple cashier’s checks from the unnamed donor between Feb. 2, 2021, and Jan. 27, 2022. The donor gave Alvarez the checks while working with her to complete various volunteer projects.

The commission determined that Alvarez and the donor were only acquainted via the school.

“Respondent Alvarez did not inform the principal of Moanalua Elementary about these checks and did not spend any of the funds she received on school-related purposes; contrary to the principal’s instructions to all school employees, Respondent Alvarez deposited checks worth $34,000 into her personal bank account and used the funds to pay for personal expenditures. She is in possession of three checks that she did not deposit, worth $14,000,” the document stated.

The resolution requires Alvarez to repay the donor $34,000, return the undeposited checks and pay a $5,000 penalty to the state. The case will also be referred to the state Department of Education for disciplinary action.

As a state employee, Alvarez was bound by the state’s fair treatment law, which prohibits employees from using their official position “to secure or grant unwarranted privileges, exemptions, advantages, contracts or treatment” for themselves or others.

Alvarez was also subject to the state’s gifts law, which takes into consideration the relationship between the employee and the person or entity offering the gift; the value of the gift; and whether the gift is for personal use or state benefit.

Alvarez admitted that she started accepting the payments less than a month after she and the rest of the school staff received training on fair treatment and gifts laws.

“In this case, a reasonable person could conclude that the $48,000 received by Respondent Alvarez was meant to reward her for official action on her part,” the commission determined. “The donor admitted that he gave Respondent Alvarez this money partly because he felt that teachers were underpaid, and he wanted to help her. Additionally, the high value of the gift and the fact that it was not work-related weigh in favor of prohibiting it.

“Although the donor’s motivation was not malicious, state employees may only accept compensation through their state salaries or as otherwise provided by law — the acceptance of ad hoc compensation of this magnitude in cash violates the State Ethics Code and potentially creates administrative issues for state agencies, such as making it difficult to ensure that state employees are not accepting cash payments from improper sources or ensuring fairness in compensation for state employees,” the commission stated.

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.