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VITOUSEK: Again, I think the attorney, our corporation counsel, has made it pretty clear that we are to receive information as a whole, so we can't go out and seek information individually; we have to be receiving it as a whole in compliance with Sunshine Law. VAN PERNIS: I appreciate that, Mr. Vitousek, and I stand corrected. Nobody told me that before I was a commissioner. But, again, Mr. Rapoza was not going to appear so all you folks could hear what he had to say. So I've repeated what he said to me. But if you feel that's inappropriate, the only way is get somebody in front of you guys. I'll agree with it being stricken. CARR SMITH: I'm not an attorney, but I believe that become; hearsay. I mean unless it's at our meeting and presented to all of us, it's, it has no value in my. opinion. Anybody else? VAN PERNIS: It's your opinion. I think others - - - entitled-to'opinion. CARR SMITH: Well, my opinion, Mr. Van Pernis; also is based on .your February performance— for some reason that's the word that comes to,mind=I think you should have recused yourself then. But you didn't, and that's neither here nor there, at this point. But I don't think it was appropriate. And so here we are. So what are we going to do about this, Commissioners? YOSHIMOTO: Madam Chair? CARR SMITH: [Responding to Mr. Fuke raising his hand to -speak] Yeah, I'm not sure it's appropriate yet, Sid, for us.to__hear from you, thank you. . YOSHIMOTO: Oh, no;;.this is J, Madam Chair: CARR SMITH: Oh, well, .Sid was waiving at me. }I can't see you, you are too far away - - - YOSHIMOTO: -Okay' I just want to take the matters one at a time. So my understanding is that - - - I made a. suggestion, and Mr. VanTer-nis was `agreeable to them [audio issue]—there you go. So if we can have.;a, if the, if the `Commission_ wants to make a motion to strike the portions of concern, then we can -get that out of the way. Andthen we can move on with whatever else the Commission wants to proceed'.,,, VITOUSEK: I would make the'notion to strike those two items from the testimony: the first regarding the previous-deposition,and the second regarding the discussions with Mr. Rapoza. KEALOHA: I will second that. CARR SMITH: All right. There is a motion to strike paragraph one and Item 2, is that correct, from Mr. Van Pernis's email? Do I have that right? VITOUSEK: Yes. VAN PERNIS: - - - parentheses refers to the deposition. The reference _to Mr. Rapoza is in No. 3 in my memo. �� DRAFT