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about what happens if we don't follow those rules. All somebody can do is sue us; and they may
<br />sue us anyway. So we should just go ahead and do what we think is right. That was the advice
<br />that Mike gave us early on.
<br />MR. CHANG: Then I am happy my advice is consistent with Mike's then. If anything, again,
<br />you have what would be called Legislative Immunity; you know, that if someone were to try to
<br />sue you individually, that lawsuit would be meritless, because again, you are acting as a
<br />Commissioner, as a decision - maker, and again, so long as your decision is reasonable, you go
<br />through your decision - making process, then number one, you will be immune from a lawsuit as
<br />well as your decision should be upheld in Court.
<br />MS. POINDEXTER: Yeah, and I really feel that the grassroots has spoken, and that is where the
<br />power is. We have got to listen to that. I haven't been to some of the public hearings, but they
<br />have spoken. The people who have come out, that is the grassroots; we have to listen to that.
<br />MR. KAHAWAIOLA`A: Just a point of clarification. I was one that did get sued at the last
<br />Commission. I sat on the Commission, and we did what we needed to do to take care of the
<br />business of this County in putting numbers in holes. The numbers we have developed has been
<br />developed differently than ten years ago; we extracted numbers. And that is because ten years
<br />ago we didn't have too much uproar about the military, which on this island is so miniscule. But
<br />the highlight of that is now on the State Reapportionment, and we are doing it at the same time so
<br />we are getting a lot of it. I think it is a credit to this Commission and to this County that they
<br />decided to extract those numbers that people don't want in it. But, I just want to make that
<br />comment on that; be very careful. The person that sued wrote this Ordinance. She wrote this
<br />Ordinance; nine Council people bought into and had input into the Ordinance. So I've heard it
<br />too, about what should not be. I believe in my heart of hearts that the 4.99% is what is holding
<br />our foot to the fire. I believe that Mike did say that in the very beginning, he asked that question.
<br />So it's just my own perspective that sometimes when people wish for something, and get it, we
<br />become the guys who have got to now live with it and have to face the public, who really don't
<br />want that. They don't want it; I've heard the same thing too. So, we need to, as Commissioners,
<br />and I think it is going to be done, we are going to do the best we can with the abilities that we
<br />have, from the input of the nine meetings, to do the best thing we can for those districts, living
<br />within "if practicable," "shall," "may," and I think Mr. Chang is absolutely right in every word; if
<br />any of you are worried about getting sued, don't worry, the County will take care of you.
<br />MR. MELROSE: I think this is a good conversation, but I actually want to stand on the rules at
<br />the moment. Because, one, we can't do much about changing the rules; we just heard that. I
<br />think we can actually do a good job without that, I do. I think we already know we are not going
<br />to make everybody happy, we have decided that, that's well aware. So, I think we can do that.
<br />We certainly heard a lot of concern. I think we should use the 4.99% to the best advantage and
<br />not necessarily assume that our judgment is going to be based on the absolute closest to the line.
<br />The one thing that threw that off is that in the Ordinance there is this provision that if an alternate
<br />plan came in, and was less conforming, that we had to take it; which is absolutely a wrong headed
<br />piece in the legislation. I don't think there is any of us who would say that that would have
<br />resulted in a better outcome. That was just a political play in that. So, I think practically, the
<br />alternative plans that we have on the table, I want to be very clear, that we're not somehow going
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