2011-05-04 Windward Planning Commission Hearing Transcript SMA 221

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Commission. Although the agreement is certainly a benefit for the union since it creates jobs for our members, there’s no direct or indirect financial benefit to me or members of my immediate family. Furthermore, the agreement with the union does not affect my ability to be impartial. We’ve all known all along that the proposed project, like any other proposed project of this size, would create jobs. Although I am pleased that some of these jobs would go to union construction workers, I understand that in every application that comes before us there are numerous considerations that are relevant and that the benefit of job creation has to be properly weighed against all other issues. I will be guided in this matter by the criteria set forth in the law, just as I am in order in any other matter before the Commission. I am confident that I can uphold the oath I took upon my appointment on this Commission and perform my official duties in a fair and impartial manner. KERN: Thank you, Commissioner Au. Give me one second, Julie. We will be hearing public testimony today. We are keeping it to three minutes. Some of you who are going to testify may have already testified, so if you can keep it concise, keep it considerate, keep it direct. If it starts getting too irrelevant then we’ll have to cut it off. So that’s the, I just want to make sure that we’re staying consistent and concise on the subject matter here at hand. With that being said, I’m going to ask Corporation Counsel Julie Mecklenburg to speak. Thank you. MECKLENBURG: Yeah, I just wanted to follow up to the statements that were made by Commissioner Ishibashi and Commissioner Au. I want to place on the record that although we still have quorum today even with the recusal of Commissioner Ishibashi, there is what is known as the Rule of Necessity that is recognized in Hawai‘i. Because this Commission is the only Commission that can make the decision that’s currently before us, if we were going to lose quorum and therefore be unable to act due to the recusal or disqualification of one of our members, the Rule of Necessity permits that Commissioner to participate and vote on the matter despite any appearance, bias, or conflict. So we believe this rule would have applied in past meetings when Commissioner Ishibashi participated. So his recusal today would not be considered to be effective retroactively where his participation would have been saved by the Rule of Necessity. However if the Commission would like to take a “belt and suspenders” kind of approach, it would be advisable to ratify the past actions taken by the Commission on this matter. KERN: Very good. Thank you, Julie. ONO: Mr. Chairman? KERN: Commissioner Ono. ONO: I'm finding it personally hurtful that someone on the Commission that takes a pledge to uphold the responsibility of a Commissioner to be challenged in this manner. STRAUSS: Laughter. 3 EXHIBIT C