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<br />4. COMMUNICATIONS <br /> <br />a. Memorandum Opinion dated 6/26/12 from the Office of Information Practices regarding the “Sufficiency of and Omission from Agenda (S <br />INVES-P 10-5)”. <br /> <br /> <br />Ms. Schoen explained that a complaint had been filed with the Office of Information <br />Practices (“OIP”). OIP’s response addressed essentially three areas, which were: the manner in <br />which the board handles public testimony; whether or not it is proper for the board to not name a <br />complainant or respondent on its agenda; and the board’s not considering correspondence the <br />complainant wanted the board to consider. On all three points, OIP found that there was no <br />violation. <br /> <br />Mr. Dill said he noticed that OIP did not reference the Circuit Court and asked if that is <br />the primary venue to appeal a decision by the board. Ms. Schoen said yes. <br /> <br />Motion and vote: Mr. Heaukulani moved to accept and file the communication, Mr. <br />Hisashima seconded the motion, and all members present voted aye. <br /> <br /> <br />5. NEW BUSINESS <br /> <br />a. Petition No. 2012-01: Initial review of petition requesting investigation of <br />two officers’ “attendance and voting record during the publicized scheduled <br />hearings in the Council Chambers of Hawai‘i Island,” alleging violation of <br />Sections 2-80 (interpretation of article) and 2-83 (fair treatment) of the <br />Hawai‘i County Code of Ethics. <br /> <br /> <br />MR. DILL: Ms. Napeahi, could you come back up, please? <br /> <br />MR. HEAUKULANI: Mr. Chairman? <br /> <br />MR. DILL: Yes? <br /> <br />MR. HEAUKULANI: David Heaukulani. I must recuse myself from Petition No. 2012- <br />01. Fresh Onishi and I are friends. We go back many years, and I campaigned on his—I <br />worked on his campaign. To deliberate on this petition would put me in a conflict of <br />interest, I believe. If I find in favor of him is it because of the friendship, or is it because <br />of my integrity? For Mr. Ikeda, I campaigned on his first year—election, because his <br />brother is a good friend of mine, and I asked Amy Miwa, who works with his office, to <br />nominate me—for Donald to nominate me to this Board. So I believe that’s also a <br />conflict of interest. And if you so not decide, counsel, so be it. But I feel it’s important <br />enough not to have that conflict be—impede this deliberation. <br /> <br />MS. SCHOEN: Your honor—I’m sorry, Mr. Chair, if I may, so that the record is clear. <br />Your Board Rule 1.5 states that a board member may disqualify themselves if they are <br />unable to participate with absolute impartiality in the proceedings. Also relevant to any <br /> <br /> <br />