2024-10-28 DPW Response to Appellants Subpoenas

Home

Ferguson, Deputy Corporation Counsel, hereby submits Public Works' Response to I`o Processing's Requests for Witness and Document Subpoenas. A. INTRODUCTION On or about February 10, 2023, I'O Processing ("Appellant")filed an appeal with the County of Hawai`i's Board of Appeals ("BOA"). Appellant appealed "the determinations made by the [the Director of Public Works] by and through Kelly Wilson, in his capacity as the Deputy Building Chief[for Public Works], dated January 13, 2023, denying the approval of Declarations of Compliance for agricultural buildings . . . and requiring the processing of building permits . . ." (See Appellant's Petition, page 1). Shortly after Appellant filed its appeal, Public Works engaged in settlement negotiations with Appellant. Public Works was under the impression that the subsequent settlement negotiations would not be used as evidence in this contested case proceeding. Public Works provided the record on appeal, which consists of the public records "that are directly related to the" decision on appeal. See BOA Rule 1-3(21) (defining the record on appeal ("ROA") as the "public records from the department that are directly related to the Director's decision for the appeal in question."). The decision on appeal is the January 13, 2023 decision by Kelly Wilson. The ROA contains "Document 1," which are Appellants' Declarations of Compliance for manufactured pre-engineered structures that it believes are exempt from building permit and building code requirements under Hawaii Revised Statutes ("HRS"), Section 46-88. "Document 2" contains the decision that Appellant is appealing, which denies Appellants' request for exemptions under FIRS 46-88. "Document 3" shows that the January 13, 2023 decision by Kelly Wilson was not the"final decision of the Director regarding 2