Honolulu Police Commission Chairman Max Sword is asking the city Ethics Commission whether he should recuse himself from at least part of the police chief selection process because one of the finalists is his wife’s relative.

Sword confirmed to the Honolulu Star-Advertiser that retired U.S. Drug Enforcement Administration Agent Thomas Aiu is a first cousin of Sword’s wife, Mona Wood-Sword. “Tommy’s dad and her mom are brother-sister,” he said.

Sword said Police Commission Executive Director Daniel Lawrence spoke with Ethics Commission staff about the issue informally last week. On Wednesday, Sword requested a formal opinion from the Ethics Commission, he said. Ethics Commission staff told him that they needed to research the matter and would not be able to get back to him until next week, Sword added.

The Police Commission is scheduled to pick a new chief by the end of the month. After extensive background checks and psychological tests, the seven finalists are expected to be interviewed by the commission Oct. 23-25.

Whether Sword participates in the vote for chief could affect the final outcome. The Police Commission has seven seats, so four votes are needed for the panel to approve any action. But there are already two vacancies on the commission, so there have been only five commissioners participating in recent meetings. If Sword no longer participates, the commission would be down to four voting members, so it could not even form a quorum to meet if one of the four could not attend a meeting.

Two recently appointed commissioners — Loretta Sheehan and Steven Levinson — have shown a penchant for differing philosophically on key matters from those who have been on the commission for a while. The two others on the commission are Cha Thompson, its vice chairwoman, and Eddie Flores Jr.

Luella Costales resigned last month to protest what she felt was a lack of diversity among the people picked by Pennsylvania- based consultant EB Jacobs to score a written essay test administered to a field of 24 candidates. Marc Tilker resigned in May for personal reasons.

Sword said Thursday that he believes he may be able to participate in a vote for chief, so long as he does not participate in a vote involving Aiu.

Asked how that would work, Sword said he was still reviewing “the mechanics” of recusing himself from matters involving Aiu only.

There are laws pertaining to conflicts of interest by government officials, which includes commission members, in both the Honolulu City Charter and the state Hawaii Revised Statutes.

But the language on the subject addresses potential conflicts arising from personal financial gain, such as profiting from a vote. In the state law, “financial interest” is defined as “an interest held by you, a spouse, or a dependent child, and includes ownership of a business (including stocks in corporations); a creditor interest in an insolvent business; employment; real property; a loan; or directorship or officership in a business or organization.”

There is no language involving other relatives such as cousins or a spouse’s cousins.

A separate section of the Charter discusses “fair and equal treatment” that says city officials or employees “shall not use their official positions to secure or grant special consideration, treatment, advantage, privilege or exemption to themselves or any other person beyond which is available to every other person.” But that’s a broad-based prohibition, not one based on blood relations.

The other six candidates are current HPD Maj. Susan Ballard, retired HPD Maj. Kurt Kendro, retired HPD Assistant Chief Kevin Lima, retired Pennsylvania Police Department Maj. Mark Lomax, current Arlington (Texas) Police Department Deputy Chief James Lowery and retired HPD Deputy Chief Paul Putzulu.

The seven were named finalists last week from a list of nine semifinalists. Those who did not advance were Kauai County Police Chief Darryl Perry and retired Chicago Police Department Commander Gary Yamashiroya.

HPD has been without a chief since former Chief Louis Kealoha retired amid controversy at the end of February. He placed himself on paid administrative leave in December after federal officials informed him that he was a target in a criminal case. Deputy Chief Cary Okimoto assumed Kealoha’s duties under the title of “acting chief” then.

The job of police chief pays $191,184 annually.