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KEALOHA: I will say I was uncomfortable when I read it as well; however, in listening to corp. <br />counsel and the, Mr. Van Pernis about having sought corp. counsel's advice, I'm comfortable once <br />the two items are stricken. The original email felt like testimony to me. <br />CARR SMITH: Thank you. Anybody else? <br />NEWBERG: Yeah, I would echo that as well. I trust corp. counsel in this regard, and, you know, <br />let's stay within Sunshine 'and observe all the regulations as a group. <br />CARR SMITH: Okay. I guess we will proceed then. Mr. Vdn"Pernis, I would just like to let you <br />know that I'm not comfortable; I do think that you have a conflict, I think that you've got a personal <br />issue here, and I don't really like the way it's come across- so far:.I'm just going to remind you that <br />the code of ethics requires fair treatment and then all people be'treated in a courteous, fair and <br />impartial manner, and if I feel like that's not happening or that you -go out that boundary, then we'll <br />deal with that, okay? Can you acknowledge— <br />VAN PERNIS: I believe I follow those instructions while welre representing the people of Kona. <br />CARR SMITH: I don't know what instructions you are talking about. <br />VAN PERNIS: The Board of Ethics rulings. <br />CARR SMITH: It says—never --mind, that's a whole other thing. Okay. Did you understand what I <br />just said, though? <br />VAN PERNIS: Well, if-you'would restate it, please.? <br />CARR SMITH: I said .that I personally feel like ;..still .feel like you have a conflict, and it's based on <br />the way you acted and spoken to the�applicants in the previous hearings. So I just wanted to mention <br />that in the code of ethics it says that all people shall be treated in a courteous, fair and impartial <br />manner. And �if I feel like you.are not doing that, then I will take action at that point. Do you <br />understand that?' <br />VAN PERNIS: I understand that; but— <br />CARR SMITH: Okay. <br />VAN PERNIS: —I do not believe that applied to asking questions of the various witnesses. <br />CARR SMITH: Your line of questioning will be determined—we'll, you need to, you need to be <br />courteous. That's why we are all here; we are all here to help the community, okay? So we are not <br />here to help certain people. All right, enough of all that. Let's proceed. <br />12 <br />DRAFT <br />