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NEWBERG: Thank you, Madam Chair. I, you know, I echo that. For me it's more of a learning
<br /> process. You know, what constitutes the definitions, so I do appreciate, one, the request for a
<br /> little more learning on this, and also, for myself being involved in such a broad industry within
<br /> the state, and being part of a large organization, it sometimes is dismaying of do I mention
<br /> everything, a conversation three years ago? To my knowledge, looking into this initially, it was
<br /> more the conflict of interest, which would be, you know, do you have anything to financially
<br /> gain, what have you. Just as full disclosure, I'm paid on salary; I'm paid like every other
<br /> carpenter within our organization. Yes, it's my job to monitor every construction project on the
<br /> west side of Hawaii Island, but initially our involvement in all of that is just that all contractors,
<br /> whether they would be a part of our organization or not, that they follow the law. It's not
<br /> anything whether a project is partnered with us or not, but more so we feel we are in a good
<br /> business climate in the State of Hawaii and beyond, that if every contractor that's working is
<br /> soon to follow the letter of the law within the state, then we feel that all the more better that
<br /> business conducts itself fairly and aboveboard. So, I, I'm going to be more towards the point of
<br /> what constitutes something and what doesn't since any time somebody starts pushing around
<br /> dirt, I'm normally on the phone trying to see who may be involved and what's coming up next.
<br /> CARR SMITH: Understood. Yeah. Mike, go ahead.
<br /> VITOUSEK: So, correct me if I'm wrong or don't understand, but it seemed like a lot of the
<br /> definitions are kind of pertaining to criminal law. Is that right?
<br /> HALL: Yeah, the, the law dictionary has, the majority of them are criminal cases, yeah.
<br /> VITOUSEK: So obviously there's a pretty big difference between a criminal proceeding and a
<br /> commission hearing, and rules of evidence, and that kind of thing. So, to me, it's kind of apples
<br /> to oranges, when you're considering the letter of the law on bias and prejudice in a criminal case
<br /> versus whether or not that bias or prejudice affects your ability to make a fair and impartial
<br /> ruling during this commission proceeding. I feel like language is needed to make us similar to
<br /> the other boards and commissions, but the idea being that it's not tied to that strict definitions in
<br /> the criminal, legal proceedings but rather that we have the opportunity to review whether any
<br /> bias or conflict of interest prevents you from being fair and impartial and discharging your duties
<br /> as a commissioner.
<br /> CARR SMITH: Very good. Perry?
<br /> KEALOHA: I guess my position is, like the others, we're all employed within the community, I
<br /> work for Kamehameha Schools, who is the largest private landowner, so there is a lot of issues
<br /> that come up with Kamehameha Schools and I automatically expect to recuse myself from any,
<br /> you know, any agenda item that would pose a benefit or challenge for Kamehameha Schools. So,
<br /> for me it feels pretty cut and dry. I think we know, again, I think we all should know when they
<br /> should step out, and it behooves us to recuse ourselves before we need to be recused, so I don't
<br /> see a huge problem.
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<br /> EXHIBIT C
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