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13. In the event legal advice is necessary for the processing of the subdivision application, <br />another attorney from the Office of the Corporation Counsel will advise the Planning <br />Department. <br />C. Petitioner's Proposal Regarding the PONC Application <br />14. The application for the acquisition of a portion of Petitioner's Property will be reviewed <br />by PONC. <br />15. To avoid a conflict of interest, Petitioner will be not be involved in PONC's evaluation <br />and decision -making regarding her Property. <br />16. In the event legal advice is necessary for PONC's evaluation of Petitioner's Property, <br />another attorney from the Office of Corporation Counsel will advise PONC. <br />17. If Petitioner's Property is selected for acquisition by PONC, Petitioner will recuse herself <br />from any discussion regarding her Property. <br />D. Applicable Law <br />18. Hawai'i County Code Section 2-81, Applicability, states that "[t]his article shall apply to <br />every officer and employee of the County." <br />19. Hawai'i County Code Section 2-84. Conflicts of interests, states in pertinent part: <br />(a) No officer or employee shall take any official action directly affecting: <br />(1) A business or other undertaking in which that officer or employee has a substantial <br />financial interest;... <br />E. Board's Ruling <br />20. Based on the evidence presented, the Board finds that Petitioner does not have a conflict <br />of interest under the Hawai'i County Code of Ethics as long as she follows the protocols <br />set forth in sections B and C in this opinion. <br />