2014-01-09 Windward Exh A - Item 1 HACA

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Board of Ethics, makes a determination that Ms. Kawauchi was precluded from appearing in front of this committee because of the post-employment requirements, what that could ultimately do is void any determination that was made by this commission whether be in favor or in opposition to the applicant. I think that will be unfair to the process. So what I’m doing is I’m requesting at this time that we continue this matter, we request Ms. Kawauchi in the interim period of time to obtain an informal determination from the Ethics Commission. And the reason I say that is because it protects the process. And under the rules of the Ethics Rules, specifically Rule 2-91.2(g), it says a former officer or employee shall not be deemed in violation of this section of the Code with respect to conduct which conforms to an advisory opinion of the board, and none of the sanctions of this section may be applied. So therefore, once Ms. Kawauchi receives a determination that she is not in violation of the Ethics Code, then it protects the process. And that’s all I’m looking for at this time, and that’s why I’m requesting, and I’m objecting to Ms. Kawauchi’s appearance at this time. KAWAUCHI: Mr. Chairman and Director, may I have an opportunity to respond, please? GONZALES: Actually, I’d like to entertain a motion to go into executive session, if one of the, my fellow commissioners could help me with that. MIYASATO: I’d like to make a motion that we move into executive session to discuss these matters that have just arisen, and that the Planning Director and Mr. Brilhante be included in our executive session. HENKEL: Second. GONZALES: Second? HENKEL: Second. GONZALES: Anybody opposed, Commissioners? Okay, so, at this time we are going to go into executive session. Mr. Brilhante, we are asking that you stay with us. Sorry, folks, to do this so early in the morning. We’ll make it quick. DARROW: If we could ask everybody if they can make their way towards the exits. Thank you. EXECUTIVE SESSION – The Commission went into executive session at 9:36 a.m. The Commission came out of executive session at 9:46 a.m. by a motion made by Commissioner Miyasato, seconded by Commissioner Henkel, and unanimously carried by a voice vote of all members in attendance. GONZALES: All right. Thank you for your patience. The Windward Planning Commission is now back in session. At this time I’d like to ask Ms. Tita and Ms. Kawauchi, if you would stipulate to a continuance in order to get that opinion from the Board of Ethics, perhaps we can continue this next month. KAWAUCHI: Good morning, Chairman Gonzales and Members of the Planning Commission and Planning Director Kanuha. My name again is Jamae Kawauchi. I represent the petitioner for standing, Susann Tita. To take up the matter that Mr. Brilhante has disclosed to you today, I’d like to make a statement prior to answering your question, if I may. I’m concerned that what 6 EXHIBIT A