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session, the hearing will be continued when the Commission has a good body of people and after <br />understanding the facts. Mr. Masuda said people cannot testify at a continued meeting unless the <br />motion for reconsideration is passed. <br />There was a public outburst in having further discussions without Mr. Krueger being allowed to <br />speak. Mr. Masuda said that the public has not been recognized by the First Vice-Chairman at <br />this point and noted the First Vice-Chairman will so indicated w <br />speak. The First Vice-Chairman asked the public to calm down and Mr. Van Pernis stated <br />people should be telling the truth. <br />Mr. Masuda agreed with Mr. Krueger that under RobertÓs Rules of Order only a majority of <br />those present is required for a motion to pass; however, there are the overriding County <br />Ordinance as well as the State Law. <br />Director Yuen asked to speak before the Commission takes action to continue the matter. The <br />First Vice-Chairman said the hearing will be continued because there was insufficient votes for <br />the executive session which the Commissioners felt their questio <br />be addressed. Commissioner Kubota at this time spoke against the continuation. Mr. Masuda <br />agreed with Commissioner Springer that any action taken today requires five votes. <br />Mr. Masuda, agreeing with Mr. Yuen, said if there is no motion made by any of the <br />Commissioners to reconsider the CommissionÓs prior action, then the request on the agenda dies. <br />He added that if the Commission wishes to revisit its prior action, it needs to be publicized in the <br />newspaper for a future meeting. <br />Mr. Graham said he did not think a continuance was necessary since Commissioner Kubota has <br />now indicated the hearing can continue without an executive session, unless there is another <br />Commissioner who felt otherwise. <br />In response to Commissioner SpringerÓs inquiry, Mr. Masuda clarified that, according to <br />RobertÓs Rules, what is before the Commission is a motion to rescind and not reconsideration <br />since reconsideration can only occur at the meeting in which the vote is taken; however, <br />Mr. Hayashi has informed him that it has been the practice of the Commission to reconsider at <br />times outside of the day of the hearing. <br />Mr. Krueger pointed out that the Commission rules say they shall not reconsider a vote after the <br />formal decision has been; therefore as indicated by Commissioner Springer the only real motion <br />is one for rescission. He felt the Commission should first hear from the parties as far as <br />arguments on whether or not to rescind the action previously taken. <br />Mr. Tsukazaki noted a motion for rescission or to amend something can be made by any member <br />of the Commission, it does not have to be a prevailing party. He said they have stated motions <br />for reconsider and rescission in their request to the Commission and those motions have different <br />limitations. <br />6 <br /> <br />