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2022-01-07 EMC special meeting draft minutes
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2022-01-07 EMC special meeting draft minutes
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MANSOUR: I cannot. I don't know. I would imagine they utilize the same code I'm using today, <br />but I don't know what went through their minds. The only common thing between us and them <br />is the code. <br /> <br />GAFFNEY: So Corporation Counsel Kekai mentioned this 1998 decision. Can you describe it for <br />us, or should we do that at another time? <br /> <br />KEKAI: If you have questions about 1998, I think they would be better for Inspector Nakatani. <br />She would have more be able to answer questions about the process that was followed back <br />then, if that's what you needed. <br /> <br />GAFFNEY: Okay, I'll hold that question. <br /> <br />ADAMS: Okay. Thank you. Any other questions from the commissioners for the director? <br /> <br />McINTOSH: This is Commissioner McIntosh, I have one more question. Is there a statute of <br />limitations that they can request renumeration? I kind of thought, you know, the government <br />has set the law how far back they could ask to be reimbursed if a mistake was made for this? <br /> <br />MANSOUR: I think Malia, our Corporation Counsel, has shown the statute, it’s two years to six <br />years I believe. It's stated in the document before you. <br /> <br />ADAMS: Do you remember which exhibit, Malia, you have that information in? <br /> <br />KEKAI: That was provided in my brief on page – the basic law is that if this were deemed the <br />claim you have two years. If it was deemed the contract, you have six years. <br />You have six years. It is on page 9 of my brief, the last paragraph. <br /> <br />ADAMS: Did that answer your question, Lee? <br /> <br />McINTOSH: Yes, it did. <br /> <br />GAFFNEY: I have a follow up question. As I read the brief, it was my understanding that that was <br />state law. Is there anything in the ordinances relevant to the sewer charges or in county law <br />that specifies the statute of limitations? <br /> <br />MANSOUR: I refer that question to our counsel. <br /> <br />KEKAI: There's nothing in the sewer chapter that addresses residential, only non-residential. <br />Residential customers have one year to bring claims. <br /> <br />GAFFNEY: Does County law a have specific statutes of limitations, or do they defer to state law? <br /> <br />16 <br /> <br /> <br />
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