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advising you. But IÓm disclosing it so that if there are any objections, they can be made <br />before we get into the proceeding. <br />GALDONES:Thank you, Ms. OÓToole. So we stand recessed till arrival of the <br />Deputy Planning Director. <br />KUBOTA:Since weÓre going to be waiting, anyway, may I ask our Co <br />Counsel a question? <br />GALDONES:You may. <br />KUBOTA:It has to do with this letter from Mr. Yuen that we have. And I <br />guess heÓs writing it as a private citizen and, I guess, thatÓs his right to do that. However, <br />I mean, weÓve been through this conflict of interest kind of stuff. Where does it begin <br />and where does it end? I mean, in, just a while ago in another application, I was asked to <br />leave the room, leave the seat because of a conflict of interest; and now we have a <br />Director, who was a party to, what is it, a Contested Case, now serving as our Director <br />testifying for or against this application or this request. And I just want your, I want you <br />to tell me where do you draw the line on conflicts? <br />OÓTOOLE:Well, I think the conflict would arise if he used his position or took <br />action, took any official action as Director, on this particular application. And as I <br />understand it he has not and does not intend to use his position or take an official <br />position. So for him to want to make a statement as a member of <br />problem with that. <br />KUBOTA:So, in other words, that opens the door to anybody who <br />relinquishes his or her position or wants to testify being free to do that even if the interest <br />is there? How do you erase the interest in it other than the position? How do you <br />separate that? <br />OÓTOOLE:The interest, meaning -. <br />KUBOTA:His interest in not having the power there or his interest in having <br />the mitigation there. His interest doesnÓt diminish because he vacates the seat. I mean -. <br />OÓTOOLE:No, -. <br />KUBOTA:Okay. <br />OÓTOOLE:But his interest, you know, pre-existed him becoming the Planning <br />Director. He was a party to the Contested Case Hearing. So IÓm saying that the ethics <br />violation would be him, as Director, doing anything or, you know, trying to do anything, <br />or influencing, or voting, or sitting up here. <br />GALDONES:Commissioner Kubota? <br />3 <br /> <br />