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SCHOEN: If everybody's in agreement, I can do that for you. <br />CHAIR: Okay, thank you, Renee. Moving on to Communication 2008 -111. <br />c. Communication No. 2008 -111: Open Line, a publication of the Office of Information <br />Practices, November 2008. <br />Motion and vote: Ms. Lum moved to accept and file'the communication, Ms. Nicholson <br />seconded the motion, and all members voted aye. <br />5. NEW BUSINESS <br />a. Petition No. 2008 -10: from Wayne Joseph, regarding whether Lincoln Ashida <br />violated Hawaii County Code Section 2 -83. <br />CHAIR: Again, we welcome Ms. Adrianne Ileely from Maui. Because of potential <br />conflicts of interest, she will be representing the Board and serving as counsel for us <br />during this petition. One thing I'd like to bring up first and foremost is disclosure of <br />potential conflicts of interest for the Board between Mr. Joseph and Lincoln Ashida, and <br />just elaborate on that a little. Ms. Heely? <br />HEEL K Mahalo and good morning, Chair, Vice Chair, and fellow Board members. Per <br />your rules, Rule 1. 5, that gives you specific guidance in terms of whether or not you <br />should disqualify yourselves if there's potential bias or prejudice. Specifically, I want to <br />cite to you the last sentence of your Rule 1. 5, which says Board members may disqualify <br />themselves by filing with the Board a certificate that they deem themselves unable for any <br />reason to participate with absolute impartiality in the pending proceeding. So —and <br />assuming that no affidavit was filed by the petitioner or respondent in this case asking <br />you folks to disqualify yourselves, that wouldn't apply here. So if you guys feel that you <br />can't be impartial in your decision - making, then a certificate must be filed with your <br />Board, stating that you cannot be impartial. But 1 would recommend that you disclose <br />the relationship, and if that's not going to affect your impartiality in making your <br />decision, then it'll be okay to proceed. <br />CHAIR: Okay, just to clarify —Mr. Joseph, Mr. Ashida, did you file any kind of affidavit <br />relating to that? <br />(No audible response). <br />CHAIR: Okay. <br />L UM: And everybody understands that some of us served on the Board with Mr. Joseph, <br />and Mr. Ashida was our legal advisor at the same time. <br />CHAIR: Do either of you have a problem with us presiding on this? <br />JOSEPH: Not if you don't. <br />2 <br />