The Hawai'i State Ethics Commission has dismissed a complaint against state Sen. Clayton Hee that alleged he misused his office by sending out fundraising tickets to a nominee for the University of Hawai'i Board of Regents shortly before the nominee appeared before Hee's committee for a confirmation hearing.

The commission decided in November to dismiss the complaint for insufficient evidence, but the decision was not released publicly until yesterday after Hee referred to the ruling Tuesday in official Senate correspondence.

"I am grateful that they agreed with me that there was insufficient evidence to merit any violation to the state ethics code," Hee, D-23rd (Kane'ohe, Kahuku), said in a written statement.

Hee apologized on the Senate floor in April after a staffer sent fundraising tickets to two interim regents who were about to appear before the senator's higher education committee for confirmation hearings. Amy Agbayani, a UH-Manoa employee on loan to Hee's staff at the time, said she sent the fundraising tickets from home without Hee's knowledge and apologized in a letter to The Advertiser.

Hee and Agbayani have said that fundraising had no bearing on the confirmation process.

Ramon de la Pena, who was confirmed by the Senate, said he purchased 10 $25 fundraising tickets.

John Kai, who was not confirmed, said he ignored the tickets. Kai later filed a complaint with the ethics commission alleging that the fundraising request was improper.

Kai, a Big Island financial consultant, said yesterday that he felt the fundraising was in bad taste and was disappointed his complaint was dismissed.

"There was a subtle message being sent," Kai said of receiving the tickets so close to his confirmation hearing.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.