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Ms. Kahakalau: I don't know that we would want to make it so specific on, it just <br /> that one of the issues with the Coalition and their lobbying. It <br /> could be even as a non-profit, it shouldn't be lobbying. I think it's <br /> not just necessarily that they registered as a lobbyist, but it would <br /> be what their involvement in passing this law was. Any rules <br /> violated and any laws violated in the process. <br /> Mr. Adams: My comment on that would be that our jurisdiction is pretty <br /> narrow though. Whether or not as a 501(c)(3) they were lobbying, <br /> that's up to the IRS. Our consideration is whether or not they <br /> actually registered. Were they lobbying, did they fit within the <br /> definitions that we have here. Those are the kinds of things that I <br /> think we have to focus on. <br /> Mr. Balsis: First we determine if they were lobbying and if they were lobbying <br /> were they appropriately registered. <br /> Mr. Adams: Actually, first we have to identify were they a lobbyist. Did they <br /> fit in the definition? Then were they lobbying and did any of those <br /> actions violate the statute as we have it in 2-91.3. <br /> Mr. Balsis: Go ahead Counsel. <br /> Ms. Schoen: Mr. Chair, my concern here is due process. The petition itself <br /> names Council member Kanuha as the respondent and you are <br /> talking about bringing in an organization who technically does not <br /> have notice of this petition. What I prefer that the Board do is if <br /> you, I guess deal with Mr. Kanuha as a respondent with respect to <br /> the lobbyist issue. It sounds as though you're looking directly into <br /> whether or not they were registered. He has no duties regarding <br /> whether or not they were registered, then maybe that part of the <br /> petition should be dealt with respect to him. <br /> Mr. Adams: So if I take a look at the petition as it is written, I have the petition <br /> itself which is open right so I'm allowed to say what's on here. <br /> Right. So illegal bills created by Dru Kanuha and the Coalition for <br /> Tobacco Free Hawai`i. Unregistered lobbyist in Hawai`i County <br /> influencing Council members administrative actions. Unfair <br /> Treatment by Dru Kanuha. Specific section of the Code of Ethics <br /> that it talks to is 2-83 Fair Treatment and 2-91.3 Lobbyist <br /> Registration. Then we have the attachment that addresses those, <br /> provides a statement of the facts as well as the statement of the <br /> position. My motion is specially associated with the potential <br /> unregistered lobbyist concern, which I feel that we have the ability <br /> as Board to take on our own to consider. Now if it's important to <br />