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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: -lave 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 of itself constitutes.a conflict of interest?
<br />VITOUSEK: Yes, that's my,,question.
<br />YOSHIMOTO: Okay -you know,`my reading of that is that, you know, we, inconsideration of what
<br />Mr. Van Pernis just represented, I believe thafhe,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 _forth s written portion.: 6It 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 way to .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 its 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 there 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 />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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