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

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know, any potential, any further work for the Planning Commission to have to resolve. So on that ground, my client would not oppose a continuance, and we’d appreciate the, we appreciate the Planning Commission’s courtesy with that regard and understanding. So thank you very much. GONZALES: Briefly. BRILHANTE: Okay. Again, William Brilhante, Deputy Corporation Counsel. First, again, to clarify the record, I haven’t made any allegations regarding any impropriety with Ms. Kawauchi representation here today. The only issue I did, the only reason I raised this issue is to protect the record. Like I stated before, there is specific language codified under the Hawai‘i County Ethics Code regarding post-employment prohibition. And it’s specific to that. And Ms. Kawauchi has articulated justification as to why she feels she is not in violation of the code. I think that’s very appropriate. Unfortunately, this is not the venue for that argument; the venue for that argument is in front of the Board of Ethics. And that’s all we are requesting is that before we go down this road regarding the likelihood or even the mere possibility of a violation of the code, I’m protecting the process. We should get an informal opinion from the Board of Ethics. And that’s all I’m wanting to have here done today is that we get the determination before we move forward with the hearing. Thank you. GONZALES: Okay, thank you. I’m going to ask the other Commissioners what you think, if anyone has got anything they want to say. If not, I’m -. Myles. MIYASATO: I just would like an opinion, you know, on the Sunshine Law, you know, as far as the agendized item. Representation is not, in my opinion, something that would be on a, agendize item, so I can’t see a violation of the Sunshine Law. I would like your opinion. MASUNAGA: Yeah, in terms of this body, I think that’s beyond the scope of what would be agendized for the Windward Planning Commission. The issue is more with the Board of Ethics. MIYASATO: Well, with that, I would like to make a motion that we move for a continuance, with an opinion from the Board of Ethics to the Director on this matter of representation from a former employee. GONZALES: Does anybody want to second that? HENKEL: Second. GONZALES: With that, any discussion from other Commissioners? Personally, if they are asking for a continuance just to try and work it out, wouldn’t that kind of be a better way to go at this point, rather than asking for an opinion from the Board of Ethics when it may not be necessary, if they can just solve this, come back next month, and none of this has to be this way? Yes, sir? HENKEL: If they do work it out at the Association meeting, then that would come up at a continuance, I believe, right, and make a moot point, I think. GONZALES: Counselor, is that -? MASUNAGA: I would advise you to vote on the existing motion right now. 8 EXHIBIT A