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COM 0604.001 2008-2010
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COM 0604.001 2008-2010
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Last modified
4/26/2021 3:15:41 PM
Creation date
11/4/2009 10:34:34 AM
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Communications
Communications - Type
COM
Communications - Council Term
2008-2010
Communication
0604
Point
001
Author
William P. Kenoi, Mayor
Communications - Referred To
PC
Document Relationships
AGE PC 11/17/2009 2008-2010
(Related)
Path:
\Council Records\Agendas\2008-2010\Planning Committee (PC)
REP PC 052 11/17/2009 2008-2010
(Related)
Path:
\Council Records\Reports\2008-2010\Planning Committee (PC)
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<br />I - <br /> <br />.; <br /> <br />LEITHEAD TODD: But let me express that, that we haven't had, it doesn't change the <br />language of the resolution, it doesn't change the language of the interim amendment here that's <br />being initiated. This was fully noticed so that anyone who had any concerns over this could <br />come in. And it's only really to implement what was passed by the Charter. And so I feel very <br />. comfortable moving forward on this because we move forward on it, and it then goes back to the <br />County Council for them to vote on. <br /> <br />WOODWARD: <br /> <br />All right. Commissioner Iwashita, do you have something further? <br /> <br />IW ASHIT A: Yeah, I, thank you. Probably too much law school but in my mind it'd be <br />better if we continue this till the next meeting. And basically my analysis is that once it's void, <br />it's void. What they did yesterday was to redo it all over again. And so, you know, the Council <br />messed up. Everything they did that dayJudge Ibarra ruled was, basically, no good. <br /> <br />LEITHEAD TODD: He didn't rule that. <br /> <br />IW ASHIT A: <br /> <br />Well, the Judge found that there was very likely-. <br /> <br />LEITHEAD TODD: It was a Sunshine Law Violation. <br /> <br />IW ASHITA: The Judge found that it was very likely that irreparable harm would have <br />occurred because of the evidence placed before the Judge at that time; and basically you're <br />looking at the result of it. And the Council before the Judge can make a final order basically <br />started to redo things, acknowledging the inadequacy on what it had done on the 16th. So ifin <br />fact what the Council did on the 16th was void, then it was void all the way up until now. What <br />they did yesterday is what they did yesterday. So, you know, nothing that was done on the 16th is <br />legal, you know, as a violation ofthe Sunshine Law. And, or arguably, I guess cause there has <br />never been a court ruling on that, on the ultimate issue -. But to me it's not, once it's void it's <br />void. So my preference is to continue this to the next hearing and whenever it's appropriate I <br />would make such a motion. <br /> <br />LEITHEAD TODD: Mr. Chair? Mr. Chair? <br /> <br />WOODWARD: <br /> <br />Madam Director. <br /> <br />LEITHEAD TODD: I personally don't care whether you vote on it today or defer it. But I do <br />want, because we have a record from this, to be very clear that the Sunshine Law violation of the <br />Council went to the reorganization vote. If, in fact, there is a willful violation, it does not <br />necessarily go to all other matters that were agendized, because you had the same nine Council <br />Members who were duly elected by the public representing their districts who voted on those <br />matters. And on none of the other matters that were on the agenda were there any allegations that <br />there were Sunshine Law violations, on those other items. The reason that has been put forward <br />by the Office of Corporation Counsel for the redo and voting over everything is just, it's kind of <br />a cover their okole's action to insure that ifthere's any issue, that everything has been validly <br /> <br />3 <br />
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