2014-07-03 Hearing Transcript - HACA SPP 845

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admit that person, and in this case it’s Ms. Tita and her attorney, as a party to these proceedings. If you do admit them, then we’ll go into the contested case proceedings. If you don’t, then you’ll still have to provide reasons for not admitting them as a party and proceed. The problem there is that until you dispose of that request one way or another, whatever decision you make, is going to be tainted all the way through, all the way up to the process. And, that’s, you know, that’s a risk I think all of our legal advisors are advising you to consider really seriously. Both for the benefit of the Commission, and the benefit of the Applicants. MIYASATO: Any further discussion, Commissioners? If not, I will accept a motion. MOSES: I’d like to make a motion that we continue this after the, or agendize it after the July th 16 meeting with the Board of Ethics and the Planning Director as the Planning Director’s recommendation. ONO: Second. MIYASATO: Motion by Commissioner Moses and seconded by Commissioner Ono. ONO: I have a question. For the sake of discussion, does it mean that we will be getting an answer from the Board of Ethics for the August meeting? I mean, are we going to get an answer on the, from the— KANUHA: I think if—Mr. Chairman, perhaps I can respond. The difficulty there is apparently Ms. Kawauchi has not filed any request. She has not appeared before the Board, so they cannot make a ruling until that— MASUNAGA: --appearance. th ONO: I understand that, but she is being directed to attend the July 16 meeting. KANUHA: She was also supposed to attend this previous meeting, and she did not attend either. That’s why the meeting was continued. I was present. I could have attended but legal counsel has advised me that it is not the Planning Department’s request. It is—I made the request on behalf of the Commission. That was the Commission’s directive, you know, to initiate the request for the ruling on this particular matter, so, but I was represented by counsel, and they weren’t able to take any action because you know Mr. Kawauchi was not present nor did she you know provide any substantial information, etc. ONO: Follow up—assuming that she will be present, assuming that she will be present, my question really was, do we get an answer or the Board of Ethics decision by the August meeting? Is that a possibility or do we—is it up to the Board of Ethics to say we’re not gonna respond to September, October, whatever. KANUHA: Well, they can’t respond, you know, until either there’s something to respond to, and in this particular case is—and they need to hear her arguments in terms of why she believes 6 EXHIBIT F