The city Ethics Commission is reviewing a complaint filed this week against City Councilman Todd Apo alleging that his paid position as an executive for Ko Olina Community Association conflicts with his role as a public official. Apo, who represents the Leeward Coast, said his actions have been ethical.

Ethics Commission executive director Charles Totto confirmed that the complaint against Apo was filed this week. "Our next step is to review it to see if there is a claim of an ethics violation," Totto said. "If there is, then we will conduct an investigation."

Environmental watchdog Carroll Cox of EnviroWatch Inc. signed the complaint along with 13 other individuals whom he described as boaters and others in the community. Cox said they brought the complaint because they see a clear and continuing conflict of interest. But Apo said he is candid about his job affiliation and keeps his roles clear.

In the letter of complaint, a copy of which was obtained by The Advertiser, the group said they had spoken to Apo as a council member to complain about Ko Olina's closing of a public boat ramp but then felt he used that information to bolster Ko Olina's position before the state Land Use Commission on Jan. 6.

The complaint dated Feb. 15 goes on to say: "Councilmember Apo never disclosed to complainants that he was working with Ko Olina, and complainants discovered this situation only by attending the LUC hearing."

Apo has worked as an executive for Ko Olina Community Association longer than he has been in politics. And he said Cox and the others know that. Apo said he ran for council in 2004 partly because of his concern over the operation of the city's only municipal landfill at Waimanalo Gulch, near Ko Olina, which grew out of his job.

Apo said he went to the state Land Use Commission meeting to represent Ko Olina and explain how the resort is complying with public access agreements in effect before he became a councilman. The letter of complaint does not detail what information Apo allegedly misused.

"Do I get inside information? No. Any information I do get, it's got to be public knowledge," Apo said.

"Carroll Cox has always known that I work for Ko Olina," Apo said. "Everybody has." And he said his discussions about all community concerns were public record.

But Cox said he is concerned that Apo can't wear two hats and still serve the public.

State Sen. Les Ihara, a longtime open-government advocate, said the private roles of public officials can raise questions of allegiance.

In this case, those who filed the complaint say that because of Apo's two roles, the public cannot trust that he is acting in the public interest.

"It's murky," Ihara said. "The public has a right to expect that official is acting only in the public interest."

Ihara said this issue also comes up when lawmakers serve on the boards of nonprofit organizations that also seek government funding.

"I believe it is a potential conflict because you have two legal obligations," Ihara said. "They do not always coincide. They may conflict particularly when we do not have the money," he said, and lawmakers have to decide which organizations get money and which don't.

Cox said he knew where Apo worked but still feels that it's appropriate to ask the commission to rule on the central questions about whether Apo's private job conflicts with his public role. "It's the behavior, not just one instance," he said.

Cox said he and the other complainants discussed various access concerns with Apo about the boat ramp and marina. "How does one weigh who he votes for or works for on a particular issue?" he asked.

Cox said Apo has a right to earn a living but he thinks some issues cut too close. "It's a known practice that a doctor doesn't treat his own family," he said.

The complaint also questions why Apo wasn't listed as a registered lobbyist since he has lobbied for Ko Olina. Apo said he believed he had registered properly but would check. "The landfill is the only issue before the council that the resort has had a position on," he said.

Apo said it's an economic reality that city and state lawmakers also work at other jobs. "I don't believe that elected legislative bodies were ever set up to be full time," he said.

But he said ethics laws and rules help to "make sure lines aren't crossed." Apo said he declares his interest about his job whenever there are discussions about the landfill and would in any other issue that involved Ko Olina.

He said he asked the ethics commission if living near the landfill was enough of a financial interest to warrant not voting and was told no.

"I'm basically required to take a vote unless I have a personal financial interest," Apo said. And Apo said he remains confident that he can do both jobs. "When I'm dealing with city issues, I need to represent the city and my district and my constituents, whether it's in line with or in opposition to a position the resort may have."

On Wednesday, when the council voted to set a firm deadline on closing the landfill in 2008, Apo publicly declared his personal interest as an employee of Ko Olina. And he added, "I live right below the landfill."

And then he cast his vote to require its closure.

Reach Robbie Dingeman at rdingeman@honoluluadvertiser.com.