The chairman of the Honolulu Ethics Commission has resigned from the commission in order to avoid potential legal questions stemming from his participation in political campaigns.

Ethics commission members are permitted to vote and to make campaign contributions, but any further political activity or support for or against any candidate is strictly prohibited. The mayor is required to immediately remove any member of the commission who violates this prohibition.

Honolulu attorney Lex Smith said today he resigned as commission chair last month after being asked to assist Managing Director Kirk Caldwell’s mayoral campaign. Smith said he resigned “when the situation was reaching a point where I was likely to be in violation.”

Smith’s letter of resignation is dated April 22, 2010. The last advisory opinion posted at the commission’s web site that Smith signed as chair is dated April 8, 2010.

Smith said he does not believe his previous involvement in Caldwell’s campaign, as well as those of Mayor Mufi Hannemann and former mayor Jeremy Harris, have put him in violation.

Smith’s political activities appear to extend back to his initial appointment to the commission nearly a decade ago. Smith was first appointed to the ethics commission by then-Mayor Jeremy Harris in 2001. He was reappointed by Mayor Hannemann in 2007.

Records show Smith has been actively involved in the campaigns of both Mayor Mufi Hannemann and Managing Director Kirk Caldwell while serving as a member of the commission. He earlier took actions as a supporter of Harris.

• Smith personally represented Hannemann’s campaign before the State Campaign Spending Commission in proceedings last year seeking to block Neil Abercrombie from transferring money from his federal campaign fund to his campaign for governor, commission minutes show. Hannemann campaign records show Smith’s law firm (Kobayashi, Sugita & Goda) was paid $21,000 following the Campaign Spending Commission’s decision.

“In my mind, at least, although I acted as the lawyer for various politicians over the years, I did not participate in their campaigns,” Smith said. “I have represented them as their counsel. In my view, I don’t think that violates the ethics rules.”

• Records show Smith was reimbursed by the Hannemann campaign in June 2009 for two expenditures, $78.55 for “fundraiser food” and $750 for “fundraiser entertainment”.

A “Notice of intent to hold a fundraiser” filed by Hannemann’s campaign for a $1,000 per person fundraiser on June 27, 2009, lists the person in charge of the fundraiser as Bert T. Kobayashi, Jr., senior partner in Smith’s law firm.

Smith insists his involvement was proper.

“If I recall correctly, I think I bought a cake,” Smith said, “and I paid for the band at the same fundraiser.”

“I view that the same as making a campaign contribution,” Smith said.

• Earlier this year, Smith telephoned this writer on behalf of Managing Director Kirk Caldwell’s campaign to clarify something he had been told was reported here.

• In 2008, Smith, described in news reports as a supporter of then-City Council candidate Kirk Caldwell, filed a challenge with the City Clerk seeking to clarify the legality of Caldwell’s nomination papers.

• In 2002, Smith successfully sued the campaign spending commission seeking to reverse a ruling that limited fundraising by Harris.

“I was on the ethics commission when I sued Bob Watada,” Smith said. “In my view, although I was personally the plaintiff, that involved my right to give money, which the charter said was exempted.”

The relevant city ordinance provides:

Sec. 3-6.9 Prohibiting political management or activity or candidacy to an elective political office.

(a) Except for exercising the right to vote or making a campaign contribution to a candidate for elective public office, no member of the ethics commission shall support, advocate or aid in, or manage, the election or defeat of any candidate for public office. No member of the ethics commission shall be a candidate for any elective public office nor engage in campaigning for such office.

(b) Any member of the ethics commission who violates the provisions of this section shall be removed by the mayor forthwith since such person serves at the pleasure of the mayor. (Sec. 3-2.9, R.O. 1978 (1987 Supp. to 1983 Ed.); Am. Ord. 01-51)

Charles “Chuck” Totto, ethics commission executive director, declined to discuss the resignation, referring questions to Smith.

Totto said the restrictions on political activities are discussed with new commission appointees as part of their orientation, but rarely come up at other times.