State Sen. Michelle Kidani's second job as an appointed staff member with the city Neighborhood Commission does not violate any state law, the attorney general's office has determined.

Kidani was rehired temporarily by the commission office earlier this month, prompting some to question whether she could or should work as both an elected state official and an appointed city employee.

Kidani was elected to the 17th Senate District (Mililani, Waipi'o) seat last year. Before that, she had been an employee in the commission office since 2005.

Deputy Attorney General Russell Suzuki, in a written opinion issued to Kidani at her request, said her job as a community relations specialist did not constitute a "public office."

The state Constitution bars a member of the Legislature from holding another public office. In Kidani's case, Suzuki wrote, the position "appears to be primarily administrative, and does not include the discretion to exercise sovereign power."

Suzuki also examined the issue of whether Kidani's jobs are incompatible, and noted that Kidani will leave the Neighborhood Commission's employment at the end of the year before the Legislature reconvenes.

Suzuki concluded that there was no basis to conclude that the duties and responsibilities of the Neighborhood Commission job are "inconsistent, antagonistic or in conflict" with those she is required to perform as a state legislator.

Kidani could not be reached for comment yesterday. Previously, Kidani said she does not believe her working at the Neighborhood Commission would influence her decision-making as a lawmaker.

The Legislature last year explored the possibility of taking away hotel room tax revenues from the counties and the transit surcharge revenues from the city to help balance the state general fund budget, and is expected to have similar discussions again next session.

Kidani said she has always supported the counties.

City Ethics Commission executive director Chuck Totto gave Kidani an informal oral opinion that he does not see any conflict of interest if her duties at the Neighborhood Commission office "do not raise any issues that would also be before her as a legislator."

Totto said "it would raise a conflict of interest if she was working at the NCO (Neighborhood Commission Office) and there was an issue from the NCO that she would have to deal with at the state level."

Kidani said she also checked with the Corporation Counsel's Office and the Senate clerk's office before taking the city job.