State House Speaker Calvin Say said yesterday it was inappropriate to use the word "re-election" in an e-mail survey sent to House Democrats in June and explained that the survey was not used for any campaign activity.

A committee identifying itself as Restoring Ethics in Government filed a complaint with the Hawai'i State Ethics Commission over the e-mail, claiming Say's office improperly used state resources for campaign purposes. State law prohibits lawmakers from using their offices or equipment for electioneering.

The e-mail asked Democrats to identify legislation that passed or did not pass last session that would be helpful to their re-election. In a statement yesterday, Say, D-20th (St. Louis Heights, Palolo, Wilhelmina Rise), said the survey was part of the legislative process and was designed to help House leaders draft priorities for the next session.

"Nothing in the survey suggests or implies that any state resources will be used to assist in any campaign," Say said. "Rather, the whole focus of the communication was to encourage the caucus members to report what measures have been important to their constituents, and how the caucus members are communicating with their constituents about what measures are being considered for future legislative action.

"The use of the word 're-election' was an inappropriate choice given that the survey is not part of any campaign activity. The more appropriate wording would have been related to 'being responsive to the communities of the legislators as elected officials.' "

Dan Mollway, the executive director of the ethics commission, confirmed that the commission received the complaint yesterday. It was dated Nov. 4 and copies also were sent to the news media.

Mollway said confidentiality rules prevent him from discussing any details about the complaint but said Restoring Ethics in Government did not identify itself beyond its name. The commission does not consider a complaint formal unless it is signed and verified by a notary public, but can investigate anonymous complaints or issues that may arise through the media.

"We will investigate this," Mollway said.

State Rep. Bev Harbin, D-28th (Iwilei, Downtown, Makiki), had asked the commission for a ruling on whether the e-mail was proper before the complaint was filed. Harbin said she received a copy of the survey anonymously and asked both Say's office and the commission whether it was appropriate for her to fill it out given the reference to re-election campaigns.

Harbin, who has been under pressure to resign her House appointment over tax problems and misdemeanor criminal convictions, said she has no idea who is behind the complaint. She said she asked for the ruling because she wanted to be sure to avoid any ethical trouble.

"I had nothing to do with it," Harbin said.

The commission just released an advisory opinion issued in May which found that an unnamed elected official had violated state law by listing a campaign Web site address on material sent from their office. The official paid restitution to the state. Say referred to that opinion in an October memo to House members reminding them not to use campaign Web sites and e-mail addresses in official correspondence.

Earlier this year, the ethics commission dismissed complaints against two Democrats who had received e-mail at their offices from the Hawai'i State Teachers Association that discussed how an education-reform law might help Democrats during the 2004 elections.

In June 2004, the commission ruled that Gov. Linda Lingle violated state law by using state resources to help Citizens Achieving Reform in Education, her education advisory committee.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.