The State Ethics Commission is considering terminating or requesting the resignation of its longtime director and general counsel, Daniel J. Mollway.

The discussion of resignation/termination is on the agenda for the commission’s meeting tomorrow morning.

Mollway was not present at a public hearing before the Senate Ways & Means Committee yesterday where the Ethics Commission budget was discussed. The commission was instead represented by its deputy director. In response to a question from Senator Donna Kim, commission staff responded that Mollway was absent from the hearing due to illness. Kim asked whether he had been terminated, and she was told of the commission’s upcoming meeting.

Wednesday’s meeting apparently follows two confidential executive sessions where Mollway’s continued employment was discussed and undisclosed action taken.

Mollway has asked the commission to void the agenda items related to his job during meetings on December 9, 2009, and January 13, 2010. Mollway has also filed a request for mediation of unspecified issues.

The commission’s agenda also includes consulting with its own attorney regarding possible liability for its decision in Mollway’s case.

Common Cause Hawaii expressed concern about the move against Mollway, fearing the uncertainty and upheaval will undermine the commission’s effectiveness.

Mollway has served as the commission’s executive director and general counsel for 24 years. He was appointed to the position in January 1986 after four years as associate director.

Mollway received his law degree from Boston College Law School. He also holds a Bachelor of Arts degree in English literature from the University of Illinois-Urbana, and a Master of Arts degree in English Literature from the University of Hawaii at Manoa.

The Ethics Commission has nine full-time employees, including five attorneys and four support staff.

Mollway has had strained relations with the legislature for years, and little of the commission’s package of proposed legislation has moved forward. None of the commission’s proposals passed last year, and most died without hearings.