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Harry Kim `n Lincoln S.T. Ashida <br /> Mayor `P' ~y Corporation Counsel <br /> , Gerald Takase <br /> ~~r„ Assistant Corporation <br /> e:'w:" Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupunl Street, Suite 325 Hilo, Hawaii 96720-4262 • (808) 961-8251 Fax (808) 961-6622 <br /> December 29, 2006 <br /> Honorable Dominic Yagong <br /> Council Member <br /> Hawaii County Council <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> Re: Request for Lega[ Opinion Regarding Potential Conflict of Interest <br /> Deaz Mr. Yagong: <br /> In a letter dated December 29, 2006, to Lincoln Ashida, you requested an opinion as to <br /> whether it was a conflict of interest for you to vote on Resolution 21-07, as you were a district <br /> manager for Food Pantry, Ltd., and Kalama Beach Corporation. You also indicated that you <br /> oversaw the operations of Malama Market, Malama Gas N Go, Whalers General Store, and <br /> Lamont's Gift & Sundry. You indicated that these retail outlets aze supermarkets, general stores, <br /> and hotel resort stores which are located on the Big Island. You also indicated that Food Pantry, <br /> Ltd., and Kalama Beach Corporation aze owned by Jenai Wall, the owner of Foodland and Sack <br /> N Save. <br /> Resolution 21-07 proposes an amendment to Chapter 25 of the Zoning Code, Hawaii <br /> County Code 1983 (2005 Edition, as Amended) relating to Retail Establishments and seeks to <br /> amend the definition of retail establishment to exclude "superstores" such that superstores shall <br /> not be permitted in any zoning district in the County. Resolution 21-07 also seeks to amend the <br /> definition for "Stockkeeping Unit" or "SKU." <br /> As a preliminary matter, please note that informal advisory opinions on ethics matters <br /> should be received from the Board of Ethics. However, because the committee meeting at which <br /> <br /> Resolution 21-07 will be discussed is going to take place on January 3, 2007, and you have <br /> <br /> insufficient time to obtain such an opinion, the following opinion is being provided to you for <br /> <br /> guidance. <br /> Section 2-84 of the Hawaii County Code states, in pertinent part: <br /> (a) No officer or employee shall take any official action directly <br /> affecting: <br /> (1) A business or other undertaking in which that officer or employee <br /> has a substantial financial interest; <br /> Howoi'i Cvunly is an Equa/ C7pparfunily Provider and Employer <br /> <br />