The state Ethics Commission yesterday dismissed an ethics charge against state Sen. Brian Kanno, deciding it would be an unwise use of taxpayer dollars to pursue the case since Kanno is not seeking re-election.

The commission had found probable cause to believe that Kanno violated state ethics law by attempting to coerce Norwegian Cruise Line to either rehire or provide back pay and expenses to a cabin steward fired for sexual harassment in 2004.

A contested-case hearing had been scheduled for yesterday — the first by the commission in 21 years — but was postponed without comment last week.

Kanno, D-19th (Kapolei, Makakilo, Waikele), announced last month that he would not run for re-election because he wanted to concentrate on a career in social work and spend more time with his family.

Kanno had said he was acting as chairman of the Senate Labor Committee when he intervened with Norwegian on behalf of the cabin steward, Leon Rouse. Kanno had known Rouse, a former political activist, since he first ran for the Senate in 1992.

Kanno did not return a telephone call to his office yesterday seeking comment.

If the commission had found Kanno violated state ethics law, it would have referred the case to the Senate for possible censure, suspension or expulsion. But the Senate is not scheduled to be in session again until January, when Kanno will no longer be in office. The commission also can refer cases to the state attorney general, but it determined that the nature of the allegation against Kanno did not warrant a criminal inquiry.

The commission ruled that given the circumstances, "it is an unwise and imprudent use of taxpayer resources and taxpayer dollars to pursue this case to and through a formal, contested-case hearing, where no remedy for a violation of state ethics code appears to exist."

Some of Kanno's allies in the Senate thought the ethics charge was unfair because they believed he was performing his duty as a legislator when he approached Norwegian. Several other lawmakers also wrote to Norwegian on Rouse's behalf. Others at the state Capitol, however, had hoped the commission might use the case to clarify the boundaries of legislative functions.

Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), who brought the ethics complaint against Kanno, agreed that the commission's dismissal made sense since Kanno is not running for re-election.

"Nevertheless, it is an indication of a larger problem. Sen. Kanno did not act alone," he said in a statement.

"This is another reason why we need a balanced Legislature."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.