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The First Vice-Chairman expressed his appreciation that the parties were not mentioning specific <br />names. <br />Commissioner Graham pointed out that the written motion seemed to relate to the bus situation <br />and now there is concern that public testimony is being offered which is not part of the contested <br />case hearing and there can be no cross-examination. <br />Councilman Tyler urged the Commission not to make a procedural error and at least take a vote <br />on whether or not they are going to consider Mr. TsukazakiÓs request, noting arguments are <br />being made right now with no motion on the floor. <br />Commissioner Mina left the meeting at this time, 3:10 p.m. <br />Mr. Tsukazaki questioned Mr. TylerÓs standing in this matter as the First Vice-Chairman has not <br />called for public testimony. <br />It was moved by Kubota and seconded by Commissioner Springer tha <br />executive session with its counsel to discuss potential legal liabilities, as well as procedural <br />concerns. Ms. Masuda said these matters for discussion were entirely appropriate for an <br />executive session, but cautioned about going into the merits of the case, which would be strictly <br />off-base. Councilman Tyler noted that since Commissioner Mina was not in attendance, there <br />were insufficient votes for the motion to pass. The First Vice-Chairman noted Commissioner <br />Mina left the meeting as he had taken ill. <br />The First Vice-Chairman asked for a motion to continue the hearing because of a lack of a <br />CommissionerÓs vote to go into executive session. Commissioner Kubota noted that one of her <br />concerns was that by having taken action to limit the bus situation, the Commission had, in <br />essence, inadvertently developed an unequal playing field. Mr. Van Pernis interrupted and said <br />that that was not the case. Commissioner Kubota attempted several times to speak and was <br />interrupted by Mr. Van Pernis. Commissioner Kubota and the First Vice-Chairman informed <br />Mr. Van Pernis that he should allow Commissioner Kubota to present her testimony without <br />interruption. Commissioner Kubota continued on by saying she wanted to have the executive <br />session to find out the liability factors so she might be better able to take a position on the <br />request for continuance. Mr. Masuda noted the question of possible litigation in the future is a <br />legitimate purpose for an executive session. Commissioner Kubota then asked for Mr. Van <br />Pernis to be called upon now to say what he wants to say; however, Mr. Masuda noted this could <br />not be done as there is already a motion on the floor. The First Vice-Chairman hit the gavel as <br />Mr. Van Pernis attempted to speak. Mr. Van Pernis asked that Mr. Krueger be allowed to speak <br />as the Commission is hearing only one side of the story. The First Vice-Chairman informed <br />Mr. Van Pernis that anymore outbursts and he will be asked to leave the meeting. <br />The First Vice-Chairman noted that as there is not enough votes for an executive a session he <br />asked for a continuance. Several people from the public expressed disappointment as they have <br />been in the audience all day. Mr. Masuda reviewed with the First Vice-Chairman the motions <br />made thus far. The First Vice-Chairman said as there is not the required votes for an executive <br />5 <br /> <br />