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VITOUSEK: Sure. My question for corp. counsel is in regards to the first paragraph of
<br />Commissioner Van Pernis's email to the Commission, indicating that a line of questioning for an
<br />applicant related to a previous deposition in regards to a judgment against his client.
<br />YOSHIMOTO: Okay, go ahead.
<br />VITOUSEK: It seems to me as though that could create a conflict of interest, if you are using a seat
<br />on the Commission in order to get information about previous - - -
<br />VAN PERNIS: I do not represent Mr. Watson, deceased now,,,have not represented him for many
<br />years, have retired. I've taken no further action against Mr..Cook who I knew before and after the
<br />deposition. And I knew him because we both lived in Kona: And I have not used any information
<br />inappropriately - - - intention. If you - - - strike that portion; I have no objection. But I made
<br />comment on it - - -
<br />CARR SMITH: Mr. Vitousek, are you still on? Go" ahead.
<br />VITOUSEK: Yeah, I just wondered if that's something that corp. counsel could weigh in on.
<br />YOSHIMOTO: Okay, so, Mr. Vitousek, you are asking a question as far as whether that
<br />representation in the first paragraph in and ,o f itself constitutes: a conflict of interest?
<br />VITOUSEK: Yes, that's rn-question.
<br />YOSHIMOTO: Okay, -youknow ,my reading of:thatlis that; -you know, we, in consideration of what
<br />Mr. Van Pernis just represented, I`believe that he would have initial burden to say whether he has a
<br />conflict. Now, we've just heard him say that he -doesn't have a conflict, but he is willing to have that
<br />stricken as far as the record for this written portion."It doesn't change the fact that he can still state it
<br />for the record .as a commissioner, as all of you can in terms of your thoughts, so I mean that might be
<br />a way10 address it. But.if�the Commissioners'believe that there is a conflict of interest, or if any
<br />Commissioner has, is unable to be fair;and impartial, then, you know, the Commission can make a
<br />motion, you,know, after doing Jts due diligence in terms of establishing a basis. So that's always an
<br />option. But I do believe, you know, because Mr. Van Pernis offered to have that stricken, that's an
<br />option, too, as well. -The large issue of a conflict of interest, Mr. Van Pernis already represented that
<br />he doesn't believe ther'e.is one, and he can be fair and impartial. But, you know, the Commissioners
<br />can follow up with him. since, you.know, this is an issue that's before the Commission at this point.
<br />KEALOHA: So, to be clear
<br />--
<br />CARR SMITH: Perry.
<br />KEALOHA: —to be clear, it's not corporation counsel's view that there is a conflict.
<br />YOSHIMOTO: I don't have an opinion on that right now because I haven't had a chance to talk to
<br />Mr. Van Pernis. So in all fairness, you know, we would have to, you know, basically go into the
<br />issue—and I see Mr. Van Pernis is raising his hand—because really initially whether someone can
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