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FRANKEL: using to recuse yourself? <br />RW: Well, let me find De Lima's letter. This was handed just this morning. This is an <br />affidavit of Brian De Lima, representing James Arakaki on this petition, and <br />there's a date on this of —the date of this affidavit is dated the tenth day of <br />October, right? And it says I, Brian De Lima, being personally sworn, says that <br />your affiant is an attorney duly licensed to practice law, he represents Arakaki in <br />the above - entitled petition, he's informed and of the belief that Williams, the <br />Chair of the County Board of Ethics, is the Chair, and attached hereto as Exhibit <br />A is a true and correct copy of a news article that appeared in the Hawaii <br />Tribune- Herald on August 24, specifically in which Mr. Jason Armstrong, <br />specifically quoting certain statements Mr. Williams made about Council Member <br />Arakaki. And those statements you are familiar with. Your Affiant believes that <br />Mr. Williams' public comments about Mr. Arakaki, his client, are prejudicial <br />toward Mr. Arakaki. He further believes that based upon my public comments, it <br />would not be fair toward Mr. Arakaki should I preside over the Board of Ethics <br />meeting involving Arakaki. As such, he respectfully requests that I remove <br />myself from considering or deliberating and that I be disqualified from presiding <br />and deliberating on the petition herein. <br />FRANKEL: So basically, you're saying because there's an appearance you might be biased <br />and prejudicial, you're going to recuse yourself from the deliberations? <br />RW: Well, I mean, I certainly have opinions on Mr. Arakaki's acceptance of these <br />gifts, that's quite true. And that became public information. And since we don't <br />want to make a mockery of the Board of Ethics, I think the only ethical thing for <br />me to do is to recuse myself on this issue. <br />FRANKEL: Okay. And I also have raised an issue of the bias and prejudice of the <br />Corporation Counsel's Office because of the relationship the office has had with <br />Mr. Arakaki for over a decade. I don't know if—probably you need to talk to <br />Lincoln about that, or is there any decision on your guys' part? <br />BLT: We've sent a letter to ODC, asking for guidance on the —our office's official <br />position is that it's not a conflict and that we don't have to recuse ourselves from <br />this, and in fact, I'm not—or rather our office is not the one who will actually <br />make the decision on Mr. Arakaki's petition. <br />FRANKEL: Right. <br />BLT: And, I would say that in terms of the recusal, I don't haveI looked for it this <br />morning, I couldn't find it —our rules that govern the Board, and I think there is a <br />provision in there on people being able to challenge, and I was looking for that <br />and I didn't have it in the materials. I'll take a look at that and make sure that we <br />have some kind of letter or memo on that for the next meeting. <br />RW: I would say, too, what she just said, essentially it's this Board, <br />independent of the Corporation Counsel. I think we largely rule on the facts and <br />W <br />