2021-07-15 Leeward Exh E (Comm 183)

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August 20, 2020, applicant's representative Mr. Sidney Fuke relayed the applicants believed that Commissioner Van Pernis had a personal bias against the applicant and requested that his comments be limited to topics that are germane to the application. Later in the meeting Commissioner Van Pernis conducted what appeared to be a personal attack on Mr. Fuke who was acting as planning consultant for the applicant, stating that Pua`a/Suffork was a"blight on his record" and"he should be embarrassed;" In a memorandum dated July 31, 2020, Commissioner Van Pernis stated in writing that he had personally contacted individuals associated with the ongoing Pua`a/Suffork application and questioned them on details of ownership and conditions of the ordinance outside of a duly agendized committee meeting, then proceeded to present his findings of the independent investigation in writing to the commission. Sunshine law requires the Planning Commission receive information as a group. As a result the Planning Commission voted to remove his presentation from the record; Prior to the August 20, 2020, meeting, Commissioner Van Pernis stated that the reason he had questioned the applicant about personal bankruptcy was because he had previously served as an attorney for an individual that had been awarded a foreclosure judgment from the applicant, and that the applicant had, "escaped paying the judgement." It raises a question as to whether Commissioner uses his position as a commissioner to gain information on a legal matter he had previously been involved in; Previously, your Planning Commission Chairman Carr Smith, Chairperson Carr Smith, and Deputy Corporation Counsel made multiple verbal attempts to address, correct his behavior. Commissioner Carr Smith wrote, Chairperson Carr Smith wrote him a letter on October 9, 2020, indicating that his lines of questionings are sometimes not appropriate, indicating that the questions that are asked can sound mean, to cut her off, and that interrupting people is not appropriate. Unfortunately, the behavior did not stop after this formal request from Commissioner Carr Smith; Even as recently as March 18, 2021, which was after that, you requested, Commissioner Van Pernis requested to discuss an item that was not posted on the agenda for the meeting. As chair, I informed him that we cannot discuss that item due to Sunshine Law. He repeatedly attempted to discuss the issue despite my consistent request to cease. In order to maintain decorum, I had to mute his microphone; March 18, 2021, he mischaracterized statements from other commissioners by stating that "we should," stating that"we shouldn't do nothing as Commissioners Carr Smith and Kealoha are proposing." And again, at the time the chair indicated that it would be discourteous to falsely characterize the opinions of your fellow commissioners; March 18'', Deputy Corporation Counsel interceded on your line of questioning to inform you that you were not in compliance with Sunshine Law, to bring the meeting back to order. Commissioner responded to Corporation Counsel by saying, "Don't interrupt." 10 EXHIBIT E