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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 Department 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 had 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, .wanting ,to 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�rnatter in the email, I mean, excuse
<br />me, yeah, in the email, so' in other, words just a, one-way.tratismission Mr. Van Perris, is that your
<br />understanding?
<br />VAN PERNIS: That is'mmy understanding. Thankypu.
<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 Pemis's email, his written position, he
<br />talks aboutIollowing up with, Mr. Rapoza 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=up even with good intentions. And so, it sounds like—and, you know,
<br />Mr. Van Perris can speak- to ,this issue—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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<br />DRAFT
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