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CHAIR: Okay, a motion is made. <br />WJ: Second. <br />CHAIR: Second. All in favor? <br />KK: Aye. <br />WJ: Aye. <br />KI: Aye. <br />CHAIR RW: Let the record show we're moving right along to the first order of business, <br />item 5a, Petition 2005 -05, David Kimo Frankel is requesting an informal <br />advisory opinion on Section 2 -91.4 of the Hawaii County Code regarding <br />Council Member James Arakaki's receipt of gifts to his legal defense fund. In <br />this matter, a motiona petition was made by counsel for Mr. Arakaki that I <br />basically had a conflict of interest in this issue, because I talked to the Tribune - <br />Herald regarding it, and at the last meeting I had recused myself accordingly. <br />So, in that case, I pass the Chair over to the Vice Chair, Mr. Karl Kawahara, <br />and I will be mute on this issue. <br />CHAIR KK: What issue shall—Petition No. 2005 -05. <br />PKO: Maybe that <br />I don't know if we have enough chairs. <br />CHAIR KK: is the matter of David Kimo Frankel, requesting an informal <br />advisory opinion on Section 2 -922 -91.4 of the Hawaii County Council <br />(sic.) Code, regarding Council Member James Arakaki's receipt of gifts to his <br />legal defense fund. This is open to discussion. <br />PKO: You can let them state their presence and then—because Mr. Frankel, I think, <br />indicated he was not able to be here today, so we have his written material, and <br />then we can let them address it. <br />CHAIR KK: Yeah, we have Bobby Leithead as counsel, James Arakaki, counsel <br />Brian De Lima, <br />DE LIMA: Well, Mr. Chairman, I submitted an affidavit with two exhibits, which were <br />sent to the Campaign Spending Commission. I think it's important to note that <br />Mr. Frankel's complaint to the Campaign Spending Commission and the <br />Ethics Commission served a positive point in that it allowed the Campaign <br />Spending Commission to review the advice it had given to Mr. Arakaki's <br />campaign. Because what happened, is that Mr. Arakaki's campaign <br />recognized that they had a campaign debt, and based on that campaign debt <br />wanted to know what was the legal way to pay off that debt. So as you can see <br />from the letters that were sent to the Campaign Spending Commission, they <br />were told by the Executive Director, Mr. Watada, that the campaign could no <br />longer raise funds. That turned out to be incorrect. Mr. Watada and the <br />4 <br />