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LUM: I think when we do that motion, we have to say what were going to discuss right? <br />SCHOEN: Well Mr. Chair, the motion needs to be raised and seconded, and actually the <br />exact wording has to track H.R. S. 92, and basically the motion would be to enter executive <br />session for the purpose of consulting with the board's attorney on questions and issues <br />pertaining to the board's powers, duties, privileges, immunities and liabilities. <br />LUM: I move that we go into executive session to— <br />CHAIR: --pursuant to- <br />LUM: --pursuant to Section 92- 5(a)(4) and 92- 5(a)(5), Hawai `i Revised Statutes, as <br />amended, for the purpose of consulting with Corporation Counsel, our attorneys, on questions <br />pertaining to our powers, duties, privileges, immunities and liabilities. <br />CHAIR: Should that cover? <br />SCHOEN: Yes. <br />CHAIR: Okay, second? <br />NICHOLSON: 1 second the motion. <br />CHAIR: All in favor say aye. <br />CHAIR, LUM and NICHOLSON (simultaneously): Aye. <br />Executive Session was entered at 11:43 a.m. <br />Regular Session was reentered at 12:03 p.m. <br />8. EXECUTIVE SESSION (separate minutes prepared) <br />a. Discussion on whether the Board should release Communication Nos. 2008 -3, <br />2008 -17, and various emails between the Corporation Counsel, the Board, and <br />Wayne Joseph, former chair, to attorney Stanley Roehrig pursuant to his 5123108 <br />letter (see agenda item 5d, above). These communications deal with the Board's <br />earlier inquiry and investigation to determine prospectively whether it is a violation <br />of the Code of Ethics for elected and incumbent County officers to utilize their <br />pictures in official County advertisements paid for with County funds. <br />CHAIR: We are in regular session for a brief moment to discuss the response to the <br />letter. <br />LUM: I move that in response to the letter from Mr. Roehrig, that we retain our <br />attorney- client privilege with a letter explaining - <br />27 <br />