2003-05-08 TBLASMAN - Laserfiche WebLink

Home

DAVID:At that time, yes. IÓm not arguing about that because -. KUBOTA:Yeah, okay, okay. I just needed to clarify that point. Thank you. DAVID:Right. It was what happened after is the -. KUBOTA:Okay, go on; and maybe IÓll get a better picture. Thank FUJIKAWA:Okay. You may proceed with your testimony. DAVID:Mahalo. Aloha, my name is Maile David and I am one of the three Intervenors granted standing in SMA Permit Application No. 02-003, filed by Wayne Blasman. On the first day of the contested case hearing I raised an objection to the authority of Grant Togashi and Geraldine GiffinÓs authority to serve as Planning Commission hearings officers in this case. I would like to restate my objections and also state my objection to the Planning CommissionÓs efforts to ratify, affirm and reconfirm, by written Resolution No. 01-03, the appointment of Ms. Giffin and Mr. Togashi as hearings officers in the Contested Case Hearings for SMA 02-003. I have no objections to Ms. Springer serving as a hearing officer as her term as Planning Commissioner has not expired. At the August 2, 2002 public hearing, the Planning Commission considered whether to procure an independent hearing officer or to have the Planning Commission serve as hearings officers in this case. Since the majority of the Commissioners preferred procurement, roll was taken to determine if any Commissioners were willing to serve as hearings officers. Ms. Giffin, Ms. Springer and Mr. Togashi volunteered and it was moved and seconded by the Commission that these Commission members be appointed to serve as hearings officers. At the time the Planning Commission reconfirmed the appointment on January 17, 2003, both Chairman Giffin and Commissioner TogashiÓs terms had expired on December 31, 2002. However, successors to Chair Giffin and Commissioner Togashi were not yet appointed at that time, but both Ms. Giffin and Mr. Togashi were still authorized to continue to serve as Planning Commissioners. Article XIII, Section 13-4(d) of the Hawai`i County Charter states, ÐNo member whose term has expired shall continue to serve on such board or commission except that if no successor has been appointed and confirmed, the member shall continue to serve for ninety days or until a successor is appointed and confirmed, whichever comes first.Ñ On February 7, 2003 Commissioner TogashiÓs successor was appoint that date Mr. Togashi no longer was a Planning Commissioner, and I believe thus should not serve as a Planning Commissioner hearings officer. 5