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

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VAN PERNIS: It appears to be a personnel matter. That's the only category I see that are put forward here because it allegedly involves a recommendation on membership and activity of a commissioner, which is me, which is personnel. And I also don't believe thatI think your opinion should also read that this matter is not within the board's authority to determine its membership and qualifications and discipline in that regard, that the matters stated in the mayor's letter and stated in the documentation SCHLUETER: So without getting too far into discussion, why I had just asked for that clarification,just to make sure that I'm understanding what you are asking. What I'm going to advise the commission is that if the commission has a finding that this is a personnel matter, then, yes, executive session would be appropriate. Executive session can be moved and, or can be moved upon and has been I believe by Mr. Van Pernis, and it needs to be approved by two-third vote to go into executive session. Second, as to the scope of the Planning Commission, pursuant to Hawaii, to Rule 6-7.5, the Planning Commissions' duties are advisory, you are an advisory commission, and the duties are to advise the mayor, council and the planning director on planning and land use matters pursuant to law and charter—and that's item 1. So for the commission to decide that it has authority to make this, have this discussion and recommendation, it's up to the commission to have a finding that this falls within your duties to advise the council, the mayor, etcetera. So at this time as moving forward, you know, it would be appropriate for the commission to make its findings as it's choosing to move forward. And just for confirmation—well, I'm going to, I'm going to leave it at that to the commissioner, or to the commission, to make their findings on whether, number one, this is a personnel matter that should be going into executive sessionas I said, if so, we need a two-third vote to go into executive session—and whether you believe this falls within your advisory duties on planning and land use matters. VITOUSEK: Thank you. I think that sort of clarifies my question on going into executive session. Would you please restate the purpose that you said about advising the mayor and the County Council? SCHLUETER: I'm quoting Section 6-7.5 of the Hawaii County Charter, which number 1 under that section states that the Planning Commissions are advisory commissions whose duties are to advise the mayor, the council, and the planning director on planning and land use matters pursuant to law and charter. I won't go into the other items because they are more specific to other land use items. VITOUSEK: And then the statement of law and charter are the Rules of Practice and Procedure — 3 EXHIBIT E