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HOUSEL: Well, I wanted to hear what the Planning Director’s position was.
<br />SELF: We are not taking any position on it; it’s up to the Commission.
<br />HOUSEL: Okay. I’d like to ask corporation counsel to interpret the rule for us.
<br />GONZALEZ: Sure. As I stated earlier, the parties can agree to waive any rule so that the
<br />proceeding can proceed. Now, the main thing with Rule 4-6(e), if that was the basis for the motion,
<br />is that there has to be service of the order to the person being joined; basically they’ve got to be told
<br />and given notice that they are now a party to the action. He is here, and he knows he’s been made a
<br />party to the action. Additionally, I believe he’s already retained the Olsons as their lawyer, as his
<br />lawyer, and the Olsons have submitted pre-hearing statements on his behalf already, and are
<br />prepared to argue the cultural significance for the Kanuhas already. So I don’t think there is a lot of
<br />prejudice in proceeding, if the parties are fine with that, in proceeding, because we are coming back
<br />tomorrow for public testimony anyway, I believe – I think that was the Commission’s inclination.
<br />So to answer the Chair’s question, if the parties agree to waive the 20-day service of the order, then
<br />we can proceed and take whatever evidence you can. And then if the hearing has to be furthered to
<br />another day for additional evidence including matters regarding the CIA, then the Commission can
<br />further the hearing for that purpose as well. Does that make sense to the parties and the
<br />Commission?
<br />YEH: Can I just take a five-minute recess to confer with my client on this, if you don’t mind? And
<br />I apologize, I mean,we’ve been waiting for a while, but it’s kind of important. Thank you.
<br />HOUSEL: Okay, let’s take a five-minute recess.
<br />RECESSED The Chair called a recess at 4:25 p.m.
<br />RECONVENED The meeting reconvened at 4:37 p.m.
<br />HOUSEL: Will the Planning Commission please come back to order. Mr. Yeh, would you like to
<br />explain your position?
<br />YEH: Yeah, thank you, Mr. Chairman and Members of the Commission. Thank you for your
<br />patience. You know, talking it over with the client, basically we are fine with them having a
<br />continuance now. You know, just from a real practical standpoint, that looks like the reality of
<br />things, it makes sense. It’ll give us time to talk some more, if possible. And I’ve already spoken to,
<br />you know, Mr. Olson about it, and he’s fine with that, too. I think the real, from a procedural
<br />standpoint, you know, there are people coming tomorrow, and I’m not sure -. I think that’s more of
<br />an issue for Mr. Gonzalez to deal with, but -. That’s not my problem anymore.
<br />HOUSEL: Well, appreciate that, Mr. Yeh. We’ve given that some thought, and we really don’t
<br />want to disappoint people tomorrow. And so I’d like to entertain a motion, if you would like to -.
<br />Commissioner Giffin.
<br />GIFFIN: Yeah, I would. But to clarify the record, I don’t think it was just Mr. Gonzalez’s concern;
<br />it really was the concern of the Commission, and that we did feel this obligation, if you will, to
<br />honor those people who did make an effort to come, who didn’t realize that our schedule was such
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