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CARR SMITH: It seems - - -
<br />VAN PERNIS: - - - can be fair and impartial.
<br />CARR SMITH: It seemed like you had already made up your mind about the applicant—
<br />VAN PERNIS: Well, maybe—
<br />CARR SMITH: prior.
<br />VAN PERNIS: —other Commissioners have made up their minds, too. But I submitted what I
<br />submitted at the direction of this Department; the Departnient..got the opinion of legal counsel, and
<br />then it went out. If—
<br />CARR SMITH: —speaking of that, J Yoshimoto, our corp. counsel, could you weigh in on this,
<br />please?
<br />YOSHIMOTO: Okay, thank you, Madam Chair. Mr. Van Pernis is correct; he,l ad asked to, for the
<br />best method to distribute his thoughts regarding this particular matter. And so, you know, initially,
<br />he had talked about, as I understand it,,wantii*rjo bring this with him and pass it out to the members,
<br />but because we were having a virtual meeting, he suggested-an,email. And I said that was okay as
<br />long as there is no back -and -forth of discussions regarding this matter in the email, I mean, excuse
<br />me, yeah, in the email, so in other words just a one-way ttansmission. Mr. Van Pernis, is that your
<br />understanding?
<br />VAN PERNIS: That is'my understanding. Thank,you.
<br />YOSHIMOTO:-- Okay -and then, so, I do have'one concern, or a couple of concerns, to raise with the
<br />Commission. With respect to the -.second point-in"Mr. Van Pernis's email, his written position, he
<br />talks about`following up with Mr. kapoza after receiving testimony. And I want to raise this to the
<br />Commissioners attention because under the Administrative Procedures in Chapter 91 of the Hawaii
<br />Revised Statutes;, -this Commission, when it` receives evidence, it receives evidence as a body, as a
<br />whole; in other words, no particular commissioner should be going out and doing any kind of
<br />independent following-- even with good intentions. And so, it sounds like—and, you know,
<br />Mr. Van Perris can speakAo this -is sue—but it sounds like, you know, he did contact Mr. Rapoza
<br />regarding something related, to this matter, and that's not appropriate. And so if that is the case, you
<br />know, my recommendation to the Commission would be either to have a motion to strike that
<br />portion because really when you look at it, it's, it's a, again, it's going outside of the scope of what
<br />the Commission acts as a body. Anyway, that's, that's pretty straightforward, but I'll be happy to
<br />answer any questions regarding that point.
<br />CARR SMITH: Commissioners, would you like to weigh in on this? Mr. Vitousek, go ahead.
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