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GONZALES: Two months ago. I believe we continued Ms. Kawauchi. Your client was going <br />to try and work with the other members of the community and see if you can come up with a <br />solution and I also believe that we had asked you to go before the Board of Ethics for an <br />informal recommendation. Has either of those happened? <br /> <br />KAWAUCHI: Good morning, Commissioner, Chairman Gonzales and Members of the Hawai‘i <br />County Planning Commission. My name is Jamae Kawauchi. I’m here representing Susann Tita <br />who has applied for standing to intervene in the application that’s on the agenda today that <br />you’re taking up right now. I apologize for my voice, a little hoarse, got a little cold from the <br />th <br />kids. Before we start, can you please clarify the motion that you made at the January 9 hearing, <br />please? <br /> <br />GONZALES: I’m going to ask you on that one, Jeffrey. <br /> <br />DARROW: The motion was continued. The Windward Planning Commission at its duly held <br />public hearing on January 9, 2014, voted to continue the above-referenced request which is the <br />request to amend Special Permit 845 to obtain an inf-, oh, to allow Jamae Kawauchi, attorney for <br />the, for intervenor Susann Tita, to obtain an informal opinion from the County Board of Ethics <br />regarding her representation of Ms. Tita because of previous employment with the County of <br />Hawai‘i. <br /> <br />KAWAUCHI: My understanding is that my client requests clarification of the motion so she <br />would like some clarification about it. The basis for it and also to find out a little bit more about <br />why it was made. <br /> <br />GONZALES: Mr. Brilhante, can you help me with the County, the law or the, whatever the one <br />year— <br /> <br />MASUNAGA: --the County Code section. <br /> <br />GONZALES: --the County Code section? <br /> <br />BRILHANTE: You know the, the issue that I raised at the last hearing was regarding Hawai‘i <br />County Code Section 2-91.2 in which a former officer and employee of the County is precluded <br />for a 12-month period of time from representing, precluded from representing any party, whether <br />it be a corporation or individual-- representing any party as it relates to official action being <br />taken in front of the County. And here, the Planning Commission is considering a <br />recommendation from the Planning Director regarding the Special Use Permit. Ms. Kawauchi is <br />representing a party who has submitted a request to intervene. The issue regarding whether or <br />not intervention be granted, intervention should be granted, is something for discussion at a later <br />point. The issue that I raised is that in order to protect the record, informal opinion, pursuant to <br />Hawai‘i County Code Section 2-86 from the County Board of Ethics should be obtained by Ms. <br />Kawauchi in order to protect the record, because some of the adverse effects of allowing Ms. <br />Kawauchi to go forward and possibly in violation of the post employment rule is that this whole <br />proceeding could be retracted and if Ms. Kawauchi is deemed to be in violation of that rule, <br />could be retracted and taken back and we may have to re-do the whole process again, and that’s a <br />8 <br />EXHIBIT E <br /> <br /> <br />