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The Honolulu Advertiser
Posted on: Thursday, August 20, 2009

Kidani should avoid conflict in state votes

Even though an action doesn't break any specific rules, it might be a bad idea, anyway.

That's the case with the mayoral appointment of state Sen. Michelle Kidani to a temporary post as a community relations specialist for the city Neighborhood Commission. Kidani, D-17th District (Mililani, Waipi'o) started Aug. 10 and will work through Dec. 31.

Ethical conflicts can arise when elected leaders face issues in which they have a personal interest. Lawmakers' decisions on matters affecting the counties could be skewed if they themselves are county employees.

For example, the Senate Ways and Means Committee, on which Kidani sits, could have to vote on how tax revenues that now go to the counties could be redirected to cover the state's budgetary shortfall.

This may or may not happen next session, of course. And in any case, legislators are exempt from the provision of the state ethics code that requires state employees to recuse themselves from voting on matters in which they have a conflict of interest.

However, a section in the state Constitution may bar her from taking the city job. Kidani has asked the attorney general for his reading of the section and pledges to step down if there's a legal problem.

But regardless of the official opinion, Kidani should recognize that appearance of conflict remains as an issue. At a minimum, she should make a point of recusing herself from any vote affecting city government, in that she was appointed to her job by the city administration.

The job is short-term, and it is one for which she appears to be qualified, with years in the Neighborhood Commission and neighborhood board system under her belt. Even so, she owes it to her constituents to avoid situations that raise any questions on how she may vote.