Laserfiche WebLink
So, that would be for County-wide officials and officers would petition the Board of Ethics for <br /> those kind of decisions. This is specifically just for the Commission, the Planning Commission <br /> when a Commissioner has or mostly basically in these ones unless you include other situations <br /> this is when an Applicant believes a Board member or Commission member has a bias or <br /> prejudice and they want that reviewed prior to the reviewing of the application. <br /> CLARKSON: Okay, I'm just surprised that there is no body of law that covers this sub-feeling <br /> and conflicts of interest that would already apply to Board members and Commissioners. <br /> HALL: Yeah, I mean if the biased, prejudice laws applies to judges like sitting judges. I'm <br /> guessing that's probably where they actually got these rules from because they are very similar <br /> to the Hawaii Revised Statutes rules on bias or prejudice as related to judges in courts. But, <br /> specifically for Commission members of the County, no. <br /> CLARKSON: Thank you, thank you. <br /> RAFFIPIY: Question, so, it's the Applicant that has to file the petition, what about let's say <br /> somebody that protests or in opposition to a certain project. Could they file a petition against a <br /> Commission member if they perceive that that Commissioner might have a prejudice or bias? <br /> HALL: Yes, if Jeff if you'll go back to the actual rule slide. It allows for any parry to do it, well <br /> these ones do. <br /> RAFFIPIY: For any person. <br /> HALL: Yes, no, any parry to the, like so if somebody intervened and made it a contested case <br /> then they could then submit an affidavit to question bias or prejudice. But if they are not a parry <br /> to the actual application like the Applicant or the person contesting the case than they wouldn't <br /> have standing to file this, but again these are other Board rules so if you guys would want to <br /> tweak that with yours you could. But opening up to a broader like to any person can file would <br /> be yeah, might create more issues. <br /> RAFFIPIY: I see. Thank you. <br /> HALL: Yep. <br /> AU: Malia, I have a question. <br /> HALL: Sure. <br /> AU: So, I served on the Board of Appeals for five years and I did read through this when I <br /> served on. Well, I guess I don't have a question, I just want to support this because we need to <br /> have a set of guidelines for us as Commissioners, I think all Commissions should have a set of <br /> guidelines. Every Commission should have something like this in their rules and that's <br /> something I didn't see when I got back on this Commission. But I support it, I think it's a great <br /> 3 <br /> EXHIBIT D <br />