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type of disqualification or recusal would be case law, which says that courts look at an <br />actual bias, either a substantial financial or personal interest, and they also look at the <br />appearance of impropriety. So the Supreme Court has said that a person should <br />disqualify himself in a proceeding in which his impartiality might reasonably be <br />questioned, and the appearance of impropriety is the proper standard. And so with that, <br />Mr. Chair, I just wanted to put that on the record, so it’s clear. <br /> <br />MR. DILL: Okay, thank you, counsel. Ms. Napeahi, thank you again for not only filing <br />the petition but for being here today and for bringing this to our attention. On behalf of <br />the Board, I do want to personally apologize that we can’t act on it today. I know your <br />time, and everybody’s time, is very vital. But it is the Board’s intention to rule on this, <br />and rule on it properly and impartially, without bias. So I do appreciate your doing this. <br />During the public testimony you started touching on a few other things that you wanted <br />to talk about, primarily aides saying that the council members are in their office, <br />watching the live stream. There’s no methods in place to check on that. Also you and <br />some of the other testifiers did mention you feel there’s a lack of specificity in the code <br />pertaining to attendance and voting records and whatnot. And so please, if you want to <br />elaborate any more on your petition, you have the floor. <br /> <br />MS. NAPEAHI: I have a few more questions before we proceed, if I may. <br /> <br />MR. DILL: Okay. <br /> <br />MS. NAPEAHI: And that is in regards to quorum for you. Now if he’s recusing himself, <br />he can continue to do that. How much—how many do you need in order to make a <br />decision? <br /> <br />MR. DILL: Three. <br /> <br />MS. NAPEAHI: Three? <br /> <br />MR. DILL. Yup. <br /> <br />MS. NAPEAHI: So if he recuses himself, you have one more. So in the next procedure, <br />or the next—in August, there will be only three of you voting. So if it continues, there will <br />be—they’re not counted _______. Is that true? <br /> <br />MR. DILL: Um hmm. <br /> <br />MS. NAPEAHI: Okay. So it would—could we have a substitute? Is there someone else <br />in place? <br /> <br />MR. DILL: This is a six-member board, correct? No, it’s a five-member board. <br /> <br />MS. NAPEAHI: Five-member board. <br /> <br />MS. SCHOEN: Mr. Chair, if I may. This is a five-member board. Per the Hawai‘i <br />County Charter, you need a majority of the members to which the Board is entitled--so <br /> <br /> <br />