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Petition 2021-03 - Informal Advisory Opinion (07-14-21)
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Petition 2021-03 - Informal Advisory Opinion (07-14-21)
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21. The Board finds and holds that Petitioner shall have no role in processing the subdivision <br />application and shall not take any official action related to her subdivision application. <br />22. The Board finds and holds that in the event legal advice is necessary for the processing of <br />Petitioner's subdivision application, another attorney from the Office of the Corporation <br />Counsel will advise the Planning Department <br />23. The Board finds and holds that Petitioner shall be not be involved in PONC's evaluation <br />and decision -making regarding her Property. <br />24. The Board finds and holds that in the event legal advice is necessary for PONC's <br />evaluation of Petitioner's Property, another attorney from the Office of Corporation <br />Counsel will advise PONC. <br />25. The Board finds and holds that if Petitioner's Property is selected for acquisition by <br />PONC, Petitioner will recuse herself from any discussion regarding her Property. <br />26. Board Member Lawrence Heintz moved that the Board find that the Petitioner does not <br />have a conflict of interest as long as the protocols set forth in sections B and C are <br />followed. Board Member Denise Nakanishi seconded the motion. Board Vice -Chair <br />David Wiseman and Board members Lawrence Heintz and Denise Nakanishi voted in <br />favor of the motion. The motion passed 3-0. <br />CONCLUSION OF LAW <br />Based upon the evidence presented and the Board's review of the Hawai'i County <br />Charter, the Hawai'i County Code, and the Board's Rules of Practice and Procedure, the Board <br />finds and concludes that Petitioner does not have a conflict of interest as long as she does not <br />take any official action regarding her subdivision application, is not involved in the PONC's <br />evaluation of her Property, and follows the protocols in sections B and C as stated in this <br />opinion. <br />4 <br />
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