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Power point slide shows the Merit Appeals Board Disqualification of a Board member. I'm not <br /> going to read the whole thing you guys can go ahead and review it and we'll leave it up for a <br /> little bit. If you guys have any questions. The basics of it is an Applicant could if they thought <br /> that perhaps a Commissioner had a bias or prejudice they could send a petition to the Board and <br /> ask them that they review that and that the Commission members basically, this is Board <br /> members because they are a Board but the Commission to review that and then the Commission, <br /> if the Commission member decided that they didn't want to recuse themselves then the whole <br /> Commission would vote on whether they deemed that that Commissioner has a biased or a <br /> prejudice or not. So, as you see, before you they have to state all the facts and the reasons it <br /> can't just be there really has to be its set up to show what the perceived bias or prejudice would <br /> be. <br /> Can we move on to the next slide Commissioners or did you want to continue to read this one. <br /> It's pretty much really similar. Same one, this one is any party to the preceding basically can file <br /> an affidavit and bring it to question a Board member or a Commission members bias or prejudice <br /> about the application that you are reviewing. This would most likely only come into effect when <br /> you guys are reviewing actual approvals and denials. With recommendations I guess we can <br /> discuss that as a Commission if you guys want to move forward with developing a rule if this <br /> would apply to recommendations as well or just where you guys have the authority of approval. <br /> Next slide, this is the Board of Ethics which is very similar. The Leeward Planning Commission <br /> had asked for bias and prejudice definitions. These are actually from the Black's Law Dictionary <br /> and this is mostly geared to criminal law. So, those other rules that were included don't actually <br /> define bias or prejudice so it's kind of left to the discretion of the Board or Commission <br /> members to look at the situation case by case and decide on whether that Board member or <br /> Commission member has a reason to be recused or disqualified as they put in those rules. <br /> CLARKSON: Malia? <br /> HALL: Yes. <br /> CLARKSON: I have a question, you mean there is no State or County law already in effect <br /> governing bias or this issue among all these I mean County Council, any public decision maker <br /> should be subject to some law that requires their recusal if there is that obvious bias and isn't <br /> there, there's nothing out there that— <br /> HALL: When I said there is no rules the Planning Commission rules do not contain anything <br /> about the process of recusing yourself or anything like that. If you wanted to go through the <br /> whole conflict of interest or fair treatment those are contained in our Code of Ethics which would <br /> go to the Board of Ethics. But if we are looking at just our Commission members and what they <br /> are doing, you could as a Commission member if you had a question about whether you should <br /> appear or not you could as an Officer of the County go to the Board of Ethics petition them and <br /> say, hey, this is what I'm thinking about, I'm thinking of sitting for this application do you guys <br /> think that I have a conflict or any sort of bias or I don't think they use bias or prejudice in our <br /> Code of Ethics it's more of a fair treatment or conflict of interest terms. <br /> 2 <br /> EXHIBIT D <br />