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the parties. Any further questions of Norman, Commissioners? Seeing none, I would like to <br />swear in the representatives of the parties who will be making testimony. Could you please raise <br />your right hand? Not necessarily those in the back there, but those here on the front table. Do <br />you swear or affirm to tell the truth on this matter now before the Hawaii County Planning <br />Commission? Could you please state your position and your name and address and have it <br />recorded on the microphone? We start with counsel Leithead-Todd. <br />LEITHEAD-TODD:Deputy Corporation Counsel Bobbie-Jean Leithead-Todd and seated to my <br />immediate right is Planning Director Chris Yuen. <br />GALDONES:And you swear to? <br />LEITHEAD-TODD:Yes we do. <br />GALDONES:Recordwillshowthattheysweartotellthetruth.Maam? <br />COPMAN:MynameisLindaCopman.ImtheintervenorandIdosweartotellthe <br />truth. <br />WOODELL:My name is Allen Woodell. Im attorney for the intervenor Linda <br />Copman and I confirm I will tell the truth. <br />VITOUSEK:Good morning Randy Vitousek. Were representing the applicant the <br />Board of Directors of Parker School and I swear I will tell the truth. <br />GALDONES:Thank you. <br />STURGES:Im Carl Sturges, the Headmaster of Parker School and I swear I will tell <br />the truth. <br />GALDONES:Thank you. Commissioners before we proceed there is an agenda item <br />that I would like to dispose of before moving forward. And that would be if you would take out <br />the-. Its a memo from Mr. Vitousek dated November 16 to Mr. Yuen, myself, Mr. Woodell and <br />Ms. Leithead-Todd. This is in regard to a motion to disqualify Allen W. Woodell as counsel for <br />intervenor. Mr.? So I would like to call upon Mr. Vitousek to give us a presentation on his <br />motion. <br />VITOUSEK:Thank you. Ive filed this motion because of a concern that if I didnt file <br />a motion before the Commission I would be prevented from filing a motion later in court. In <br />other words what Im concerned about is sometimes theyll be an argument made that you have <br />to raise an issue when it first comes up and not let it sit or you lose the right to raise that issue. <br />So I understand that its a difficult decision for a commission to make. And I understand that the <br />Commission has the discretion to make its decision as it sees fit. What this motion is based on is <br />a several times over the course of the contested case hearing Mr. Woodell has made direct <br />communications with members of the Board of Directors and with Mr. Sturges, which are <br />prohibited by an attorneys disciplinary rules. In other words they are prohibited by the rules of <br />EXHIBIT A <br />4 <br /> <br />