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that they accept Mitch Roth's recommendation to remove Mark from the commission. That's <br /> what's on the floor, Faye. Thank you. <br /> VITOUSEK: Commissioner Van Pernis. <br /> VAN PERNIS: A number of things. There has been, the Board of Ethics specifically found no <br /> conflict of interest with the unsuccessful applicant, Ms. Hickey. Secondly, Mr. Vitousek's <br /> letter <br /> VITOUSEK: If I could, one second—did the Board of Ethics rule on Ms. Hickey? <br /> VAN PERNIS: They ruled on Ms. Hickey as far as—she had two complaints, one was conflict <br /> of interest, and they specifically ruled, as you know, that she had no conflict of interest, or I had <br /> no conflict of interest with her. Secondly, they took under advisement the matter of rudeness; <br /> they have not made any decision against me in that regard. <br /> Secondly, there was a letter from Mr. Vitousek asking for a ruling on whether or not the fact I <br /> lived two-thirds of a mile away from Palamanui in the adjoining subdivision, whether that was a <br /> conflict of interest <br /> VITOUSEK: It's getting (indiscernible–simultaneous speech) Hickey <br /> SCHLUETER: Excuse me, can I provide some information as counsel? The petition regarding <br /> the chair's letter was ruled upon by the Board of Ethics; however, the Hickey petition was <br /> continued, so there is no ruling by the Board of Ethics on the Hickey petition <br /> VAN PERNIS: I stand corrected <br /> SCHLUETER: (Indiscernible–simultaneous speech) <br /> VAN PERNIS: the Hickeys withdrew the matter <br /> SCHLUETER: Excuse me, the Hickeys, the Hickey petition, one portion as to conflict of <br /> interest was withdrawn. The rest of the petition was not; it is still on the, it's still agendized by <br /> the Board of Ethics and has not been ruled upon. <br /> VAN PERNIS: Mr. Vitousek's letter asking for whether or not living in the adjoining <br /> subdivision is a problem, was ruled not a conflict of interest. Is that correct? <br /> SCHLUETER: That's correct. <br /> VAN PERNIS: You, since I've been educated and provided with various documentation and <br /> procedural rules, you see me act I don't know the mayor, the mayor doesn't know me, he <br /> didn't attend these meetings, he has declined to give any name of any person who has <br /> complained, he has declined to this day. I point out this is a circumstance, not that it's decisive, <br /> but a circumstance where I complained about Mr. Kern's business conflict of interest in my <br /> 15 <br /> EXHIBIT E <br />