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After this, these factors precipitated the communication from the mayor requesting
<br /> Commissioner Van Pernis's removal, which led to the discussion at the County Council Planning
<br /> Committee where they offered possible suggestions on how to improve this behavior. As a result
<br /> of this behavior, I wrote a formal disciplinary letter indicating that behavior displayed will not be
<br /> tolerated and establishing procedures for how we will address inappropriate behavior in the
<br /> future. This letter was sent to Commissioner Van Pernis on April 12, 2021. You also conducted
<br /> training with Deputy Corporation Counsel J Yoshimoto on April 13, 2021, that county dropped
<br /> everything in order to get the training done before the next agenda item [sic] so that he could
<br /> indeed participate. Despite the training, despite the warnings, Commissioner Van Pernis's
<br /> behavior was again inappropriate and resulted in an ethics complaint being filed against him by
<br /> the applicant, "is unprofessional, unwelcoming, rude, and sometimes hostile comments and
<br /> behavior towards myself as the applicant and testifiers who supported me in the application" for
<br /> the reason for the ethics complaint.
<br /> Recently as May 20, 2021, agenda item 3, Commissioner Van Pernis brought up a past agenda
<br /> item, Palamanui, during discussion of the current agenda. As the chair tried to stop the
<br /> discussion on Palamanui to avoid Sunshine Law, Commissioner DeFranco called a point of
<br /> order, and Commissioner Van Pernis repeatedly interrupted the chair in my efforts to return the
<br /> meeting to order so that we can discuss the duly agendized item. Pursuant to the disciplinary
<br /> procedures established in the April 12, 2021, letter, Commissioner Van Pernis, to Commissioner
<br /> Van Pernis I issued a verbal warning. This did not stop Commissioner Van Pernis interrupting,
<br /> and a recess was called. During the recess Commissioner Van Pernis continued to be
<br /> argumentative and continued to interrupt, so I warned him that although I don't want to remove
<br /> him from the meeting, I, I will. And he stopped.
<br /> All of these items, there are transcripts of, every single one of them is recorded. So, to claim that
<br /> there has never been any attempt to object to your decorum or to use Robert's Rules to punish or
<br /> discipline you in 2020 or 2021, is abjectly false and is an indication that you are willing to
<br /> compromise facts for your own agenda.
<br /> Any other commissioners would like to share? (No response) Okay, seeing none, I'll request to
<br /> vote. Commissioner Van Pernis.
<br /> VAN PERNIS: Can I be heard in this matter?
<br /> VITOUSEK: Of course. You are a commissioner.
<br /> VAN PERNIS: I would like to first of all point out that only those who were present during the
<br /> alleged event, or the commissioners, should be voting on this subject matter. Secondly, I'd like
<br /> to point out that all these matters raised by Ms. DeFranco, Carr Smith, Mr. Vitousek, all were
<br /> heard completely by the County Council, and the County Council alone has jurisdiction in this
<br /> matter, and I continue to take the point of view that this commission has no jurisdiction in this
<br /> matter. All matters were heard by the council, and on both occasions the vote was in my favor,
<br /> not to remove me, not to accept the mayor's letter recommendation. Ms. DeFranco may see it
<br /> differently than I do, but I see it as vote in my favor, and everybody in my district uniformly
<br /> without exception supports my position. Mr.you know, I don't know if I'm going to get cut
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<br /> EXHIBIT E
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