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CHAIR: I think that's item number 6, Unfinished Business? <br />COLE: I was referring to the last agenda of April the 8`h <br />MARTIN: Five was New Business. There was no New Business. <br />COLE: Okay, well anyway, this is the Sunshine Law. <br />L UM.• Six. <br />COLE: Okay, the ongoing thing. By obscuring the names of the petitioner and the <br />alleged individuals is against the letter and intent of the Sunshine Law, as the <br />governmental process is obscured and the process of the public scrutiny to participate. <br />In addition, the fact that I was not contacted, in violation of rule 3.4 of the Board of <br />Ethics rules and procedures notifying me of this meeting, again is a deprivation of due <br />procedural process and may in fact expose members of this Board jointly, severally, and <br />the County of Hawai `i, to civil torts in both state and federal courts for deprivation of <br />due process rights. Again, I did not receive a copy of the agenda, as assistant corporate <br />counsel Garson requested of the secretary. Only after I made a call to the Corporation <br />Counsel Office on Thursday, June the 4`h, was a copy of the agenda sent to me. <br />Apparently everyone concerned thought that I would figure out that I was supposed to be <br />here and the agenda items were going to be <br />CHAIR: - -Okay, time out, time out, okay. Let you know, I say this a lot, but we're here <br />to serve the public, you know. We are members of the public. We're not judges, we're <br />not attorneys <br />COLE: - -I understand this. <br />CHAIR: Counselor Schoen, what exactly rule 3.4, what are the requirements in terms <br />of timeline to announce any meetings, agenda items isn't it just when it's published? <br />SCHOEN: I'm sorry, I don't quite understand your question, Mr. Chair. <br />CHAIR: Why don't we start with this. Mr. Cole is referring to rule 3.4, correct? <br />COLE: Yes, that would be the <br />CHAIR: -- Something about prohibiting due process. <br />SCHOEN: Mr. Chair, if I may? It's my understanding that Mr. Cole is testifying merely <br />on during public statements, and so he 's free to provide whatever statements he wants <br />to at this time. But the Board, however, may limit any testimony it wants to in terms of <br />time period in order to conduct the meeting in an orderly fashion. <br />CHAIR: Okay. And just to clarify for both of you're addressing the minutes from April <br />8`h right? <br />I <br />