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recused yourself because, as you say, you did not want the issue to be raised or you didnÓt <br />want a taint on the proceedings. And that was, you know, perfectly within your rights <br />but -. <br />KUBOTA:No, itÓs not that I didnÓt want the issue raised. I wasnÓt afraid of <br />the issue being raised. I just didnÓt want to prolong it by distracted arguments of whether <br />I am or I am not in conflict. So I figured, well, leave it clean, leave the application clean, <br />IÓll remove myself. Okay? <br />OÓTOOLE:Well, okay. <br />KUBOTA:So, all right. <br />OÓTOOLE:But that was a voluntary action. <br />KUBOTA:Yes, it was, it was. <br />OÓTOOLE:Yeah. And the only other thing I can suggest is if you want some <br />kind of statement from the Board of Ethics, which reviews these <br />an informal advisory opinion saying would it be proper for a Commissioner, I mean, <br />thatÓs the example youÓre saying to step down and start testifying on something that is <br />proceeding before the Commission. And I think thatÓs a very different situation from <br />someone whoÓs not a member of the Commission just saying IÓm not going to, you know, <br />act as Planning Director. You see what IÓm saying? You are all people -. <br />KUBOTA:No, I donÓt -. ThatÓs where I donÓt see where youÓre -. <br />OÓTOOLE:He cannot vote, he has no authority whatsoever on this permit. <br />KUBOTA:Okay, okay. But heÓs a Planning Director. <br />OÓTOOLE:Yes, he is, I understand that. But heÓs not a voting, he is not <br />someone whoÓs going to take action on the, on whatever is pending here. <br />KUBOTA:Okay, okay. There, again, see, I say, IÓm going to quit after this <br />because youÓre going to accuse me of cross-examination again. B <br />myself or when anyone recuses him or herself, she is or he is taking himself out of the <br />Commission for that moment, for that particular thing. So, you know, why canÓt the <br />same privilege be accorded to the person who is recused as, Òcause youÓre not going to <br />vote on it anyway. YouÓve stated that youÓre not going to vote, so whatÓs the difference? <br />GALDONES:Well, we have heard both sides of the argument and if there is still <br />some doubt, at least you can clarify it then. I think the suggestion by counsel to take it to <br />the Board of Ethics is proper for clarification. Okay. Any further discussion? Okay, our <br />Deputy Director, Planning Director, has arrived and we will proceed. Mr. Takemoto, so <br />5 <br /> <br />