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2014-01-09 Windward Exh A - Item 1 HACA
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2014-01-09 Windward Exh A - Item 1 HACA
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Mr. Brilhante has brought before you has not been placed in your agenda; the matter of the <br />representation of a client, I mean whether or not I have an ethical issue related to my employment <br />with the County is not an agendized item. In my opinion you are at risk of a violation of the <br />Sunshine Law, and I would ask that you seek the opinion of your corporation counsel to determine <br />whether or not you just violated the Sunshine Law by discussing this matter in executive session <br />when it was not agendized today. <br /> <br />As to answering the direct matter, I will tell you that the allegations made by Corporation, Deputy <br />Corporation Counsel Mr. Bill Brilhante are not founded; there is no, there is no substantiation to his <br />allegation that I have or will be, by representing Ms. Tita today, be in violation of the Hawai‘i <br />County Code relating to work performed after employment or services ended with the County. <br />Mr. Brilhante in his statement earlier has failed to include within his paraphrasing of the Hawai‘i <br />County Code that the, that it’s subject matter related, that the employment, if you are an employee <br />of the County and you work on a particular matter that relates to something you are taking up after <br />you left the County, then -. <br /> <br />BRILHANTE: Uh, Mr. Chair -. <br /> <br />KAWAUCHI: Mr. Brilhante -. <br /> <br />BRILHANTE: I object -. <br /> <br />KAWAUCHI: I would like an opportunity to speak. <br /> <br />GONZALES: We are going to let her have her say and -. <br /> <br />KAWAUCHI: Thank you, Chairman. <br /> <br />GONZALES: And then we were going to continue on. So go ahead. <br /> <br />KAWAUCHI: Thank you, Mr. Chairman. Subject matter related, so he has failed to include that in <br />his discussion that he made publicly today, okay? I have not had any matter within my employment <br />as Hawai‘i County Clerk or as a deputy prosecuting attorney related to this case come up. This <br />application for an amendment was filed in October 2013: I had long since left the County at that <br />point, okay? So I have nothing, nothing related, I have never had any kind of topic related to this <br />amendment application come up while I was an employee, okay? So I want to alleviate your <br />concern. <br /> <br />Now, with respect to your request, however, my client will be amenable, will not oppose a <br />continuance, but not on the grounds for, not on the grounds that were raised by Mr. Brilhante. We <br />are amenable to a continuance to allow us to have a discussion with the Community Association to <br />see if something can be worked out with them. My understanding – last night I tried to <br />communicate with the Association president last evening and was unable to get in touch with her, <br />she left a message for me late last night and I picked it up about 10:00 last night, I wasn’t able to <br />give her a call this morning, okay – my understanding is that the Association has a board meeting <br />scheduled for this Sunday. My client has authorized me to attend the meeting with her. And my <br />understanding is, through the board representative Mr. John Lehnert, that he has no objection to me <br />coming to the meeting as well on Sunday. Maybe we can work this situation out and avoid, you <br />7 <br />EXHIBIT A <br /> <br />
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