State Sen. Michelle Kidani has taken a job with the city, prompting questions from some about whether such a move, though said to be legal, may be ill-advised.

Kidani was rehired temporarily by the city Neighborhood Commission, where she worked before she held elective office.

Kidani, who won election to the 17th Senate District (Mililani, Waipi'o) seat last year, said she does not see any conflict with holding both a Senate seat and an appointed city job.

Both the state and city ethics commissions told her the same, as did the city Corporation Counsel's office and the Senate clerk's office, she said.

But some observers say the situation raises questions about whether an elected state legislator can hold an appointed city job.

In addition, Kidani is a member of the Senate Ways and Means Committee, which deals with some aspects of county finance and revenue sharing.

Kidani's appointment as a community relations specialist began Aug. 10 and will run through Dec. 31, according to both the senator and commission Executive Secretary Joan Manke. It pays about $50,000 annually; Kidani will be paid a prorated portion of that for 4 1/2 months she works there.

"I really don't think my working there would influence my decisions at the Legislature," Kidani said, stressing that her first priority is to her constituents. Being a senator is "my primary job — I was elected to serve the people. This is a secondary position."

Since The Advertiser first inquired on Friday, Kidani has asked state Attorney General Mark Bennett to look into the situation.

Section 8 of the Hawai'i Constitution says, in part, "No member of the legislature shall hold any other public office under the State ... "

Kidani said she does not believe her city job falls within the definition of "public office." If Bennett decides otherwise, however, she said she'll resign from her city post but continue to volunteer there through December because the commission office needs her help.

"They need the help; I have the time," Kidani said.

Kidani served as the appointed executive assistant to Manke, essentially second-in-command to Manke, from 2005 to 2008. Kidani upset incumbent Sen. Ron Menor in the Democratic primary in September 2008.

Manke said Kidani's new job puts her third-in-command in the commission office. The job was recently vacated.

"We wanted to fill it with someone who has experience, which would really help the office," Manke said.

All 16 jobs in the commission office, including executive secretary, are appointed. Typically, the terms are co-terminus with the mayor. Manke said, however, that in Kidani's case, it was agreed she would leave Dec. 31 to coincide with opening of the Legislature in January.

"That was mutual because we know that she can't do both at the same time," Manke said.

PUBLIC OPINION

Several City Council members were surprised to learn about Kidani's new position and said her dual employment raises a number of questions.

"You may have legal opinions that say it's OK, but it's the court of public opinion that really matters to lawmakers," Councilman Nestor Garcia said. "Let's see what they have to say about whether or not a sitting senator should be holding a public job when there are government employees facing the prospect of losing their jobs and they don't happen to be a sitting senator."

Garcia said, however, he doesn't begrudge anyone getting a job in today's economic climate and added, "I don't think it's as complicated as it would have been if she had been in session (at the Legislature) and had this job."

Kidani is a member of the Senate Ways and Means Committee, which last session came close to taking away from the counties their current share of hotel room taxes. The committee also has mulled taking back from the city the half-percent excise tax surcharge that raises money for the city's multibillion-dollar rail system.

Both issues are expected to come up again in January.

COUNTY ISSUES

Kidani said she has always supported the counties, and opposes taking away hotel room taxes from the counties and the transit surcharge from the city.

"The counties depend on that," Kidani said of the transient accommodations revenues that go to Honolulu and the Neighbor Island counties.

Kidani's support for the city isn't surprising considering that even before working at the Neighborhood Commission in 2005, Kidani spent 12 years as an aide to former Councilwoman Rene Mansho.

Nonetheless, Councilman Charles Djou said he found Kidani's dual employment troubling and believes she should choose one or the other.

"It doesn't look good, even if it's legal," Djou said. "If Michelle's appointment is not in direct violation of the letter of the law, it's certainly a violation of the spirit of the law."

Senate Minority Leader Fred Hemmings, R-25th (Lanikai, Hawai'i Kai), said he has no problem with Kidani's new job.

"She's a real honest, hard-working legislator," Hemmings said, noting that state legislative office is meant to be a part-time job. "No matter what happens, there are always going to be overlapping interests, not necessarily conflicting interests."

Senate President Colleen Hanabusa said on Friday that she was not aware of Kidani's new job and would not comment until she knew more.