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01-09-18 Regular Session Minutes
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01-09-18 Regular Session Minutes
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Mr. Tucker: I have a couple questions to J ... under 4.13 (Confidentiality)... by <br />what manner did you maintain confidentiality as you transmitted <br />my complaint to the individuals I was complaining against. <br />Mr. Yoshimoto: Your name was redacted... that's the standard procedure all <br />petitions that we receive to maintain confidentiality ... and your <br />address as well. <br />Mr. Tucker: So the next question would be ... on that basis ... why couldn't you <br />redact their names from the response and provide it to <br />me ... hearing. <br />Mr. Yoshimoto: Because those documents are confidential until presented to the <br />board so that's why you got those documents at the hearing <br />because the rules say that they're confidential until presented to the <br />board in a public meeting and so we went over this you know the <br />first time we had this and this is just you know the rule ... I mean so <br />this is a concern the board can address to as well I mean you're <br />you know it's a valid question but that's basically what the rules <br />say I don't... <br />Mr. Tucker: So question three ... it's a common practice of this commission... on <br />complaints similar to this that the complainant would have no <br />knowledge of the respondent's response until they sit down to the <br />hearing... <br />Mr. Yoshimoto: If it:..yes... if the response it sent to the board which is normally is <br />then that's the time that they would get it when it's presented to the <br />board... now... the exception is nothing that prevents the parties <br />from communicating directly because that wouldn't go through the <br />board but that's assuming that they know each other and because <br />of the confidentiality provisions in here we maintain <br />confidentiality again until these documents are presented to the <br />board so that is our standard procedure yes. <br />Ms. Kahakalau: And this is for the informal hearing though ... we're not talking <br />about a formal hearing. <br />Mr. Yoshimoto: Correct... right. <br />Mr. Tucker: So procedurally ... how does confidentiality apply to pre -conference <br />meetings between the parties? <br />
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