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MS. SCHOEN: Yeah, that— <br /> <br /> MR. DRUTAR: --I’m sorry if I’m not—I apologize. <br /> <br /> MR. BALSIS: Can I make a—I’m going to discuss just a little bit amongst the Board here. You can stay right there. It seems like the petitioner is asking us a question which, if we answer, it will either validate or invalidate an existing policy, whether or not it was distributed in August, pre-dated June or not. Am I understanding this correctly? <br /> <br /> MS. SCHOEN: What I’m hearing is he wants to see whether or not he can disqualify himself. But the Board is charged with interpreting the Code of Ethics and whether or not particular conduct is a violation of the Code of Ethics. So I don’t know whether or not you guys are empowered to answer the question, can he disqualify himself. <br /> <br /> MR. DRUTAR: May I ask— <br /> <br /> MR. BALSIS: --I guess maybe the question would be, then, when the actual incident happened, did it happen before August or after August? <br /> <br /> MR. HENRICKS: No, that doesn’t matter. <br /> <br /> MR. DRUTAR: Before. I guess I could reword the question. They can only determine if a violation has occurred. Is that what I understood correctly, ma’am? <br /> <br /> MR. BALSIS: No. <br /> <br /> MS. SCHOEN: No. <br /> <br /> MR. DRUTAR: I’m afraid I may have asked the question wrong. I apologize. Can you repeat that part, where you said the Board can only determine if—is it a violation or - ? <br /> <br /> MS. SCHOEN: Well, the Board interprets the Code of Ethics and then looks at specific provisions in the Ethics Code and a particular factual situation and determines whether or not that is a violation of the Ethics Code or whether—or not. <br /> <br /> MR. DRUTAR: Okay, so I guess I would ask, is it a violation of the Ethics Code for me to sell a home in Kona and assess a home in Waikoloa? Is that a violation of the Ethics Code? If I can word it that way, to allow you to answer the question in a more affirmative—if that makes sense. <br /> <br /> MR. BALSIS: I think I’m going—if I’m thinking correctly on this, if we answer the question we’re actually validating or invalidating a policy of this division. <br />