Gov. Linda Lingle asked state Senate President Colleen Hanabusa yesterday to replace the chairwoman of a special committee investigating a state hydrogen investment fund, an extraordinary request given the separation of powers between the executive and legislative branches of government.

In a letter to Hanabusa, Lingle claimed Senate Vice President Donna Mercado Kim was biased and already had prejudged the Lingle administration's handling of an $8.7 million hydrogen investment fund.

Lingle cited critical comments Kim made about Ted Liu, the director of the state Department of Business, Economic Development and Tourism, and the department in her spring community bulletin and in an opinion article in The Advertiser.

"While the executive branch recognizes that individual senators are entitled to their opinions about certain governmental activities, these opinions should not be used as a basis for a vendetta against a certain department, agency, or individual under the guise of an 'investigative committee,' " Lingle wrote.

Hanabusa, D-21st (Nanakuli, Makaha), said last night that she would look into Lingle's complaint but was not inclined to replace Kim. Even if she wanted to take action, Hanabusa said, she believes she could not because the resolution passed by the Senate creating the committee identified Kim as the chairwoman. Hanabusa said a majority in the Senate would have to vote to replace Kim.

Hanabusa said Lingle's claims of bias against Kim are related to Kim's public statements, not for her conduct on the investigatory committee. "Senator Kim is entitled to her freedom of speech. She has First Amendment rights," Hanabusa said.

Kim, D-14th (Halawa, Moanalua, Kamehameha Heights), held a hearing on the hydrogen investment fund last September in her role as vice chair of the Senate Tourism and Government Operations Committee. She said there were enough outstanding questions about the administration's handling of the fund to pursue the investigatory committee.

"I think there is no basis for her letter," Kim said last night after presiding over a nearly six-hour hearing into the fund where she led the questioning of witnesses under subpoena. "If you look at the hearing in September, if you watch the DVD (of the hearing), and if you watched today, I don't believe I've ever been disrespectful."

The state Procurement Office ruled in September that the department should not have awarded a contract to manage the fund to H2 Energy LLC, which had the lowest ranking of firms that wanted the contract. The Procurement Office told the department to give the contract to the top-ranked firm, Kolohala Holdings LLP, which the department did last month after some delay.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.