Laserfiche WebLink
MR. CARVALHO: And the other case is trying to keep the communities together, which <br />Waikoloa was advocating for that too. <br />MR. MELROSE: Does anyone have any more thoughts on this, or can we move on to Plan-46? <br />CHR. SIRACUSA: I would like to take a better look at Puna. <br />MR. KAHUI: I would like to comment on the earlier point raised about the Supreme Court <br />decision regarding the deviation. This is one of those cases, whether it be between District 9 and <br />District 1, or District 8 and District 9; wherein I think we take these kinds of community input to <br />which we validate the concerns by the community about keeping those communities contiguous. <br />These redistricting boundaries are somewhat political in nature when you talk about voting for <br />your council person. Interestingly enough, the representatives from each district are guided by <br />those boundaries. That said, once again, if the communities want to be part of this continuous <br />effort to be a part of the same community, then I think the Supreme Court ruling precedent sets <br />the tone for us to make those kinds of decisions. <br />MS. POINDEXTER: But the Supreme Court ruling was trumped by the Ordinance. Because <br />what Pat had explained was that the Ordinance was not in place when the Supreme Court ruling <br />was made. <br />MR. KAHUI: I understood that. <br />MS. POINDEXTER: So I think that would bring us into a real difficult situation because the <br />Ordinance, I think, will trump the Supreme Court ruling. Is that right? <br />MR. CHANG: Not exactly. Fundamentally, the word would not be "trump." The Ordinance is <br />something that the court will consider. It will weigh - -I can't predict what the court will do but <br />it will look at its own precedent, the prior Supreme Court case. It will consider that, but the fact <br />that there is an Ordinance now I would suggest to you that it will actually view the Ordinance <br />very strongly. But again, it will also consider its prior precedence, that prior case as well. But to <br />tell you what it does with it, I can't predict. <br />MS. POINDEXTER: Because, the community, the grassroots, spoke loud and clear; they would <br />want to be kept together. That means we go off of what the Ordinance says. I think the <br />grassroots deserves, they fought strong and hard, and they have been split for these past ten years, <br />and they want to be put back together. And the Ordinance just doesn't allow that to happen for <br />them. I am in favor of challenging that, and standing up for the grassroots. <br />MR. CARVALHO: As soon as it was known that I was going to be on the Commission, my <br />phone was ringing off the hook. All these constituents from the Waimea area, that are in <br />Hamakua now, and we should listen to these people. <br />MR. CHANG: You have a certain amount of discretion in your decision making process, so as <br />long as you act reasonably, you consider the Ordinance, keeping in mind also what the public has <br />16 <br />