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Mr. Goodenow: Of course if it's a petition I'm going to recuse myself, but I'd like <br /> to say look. I mean the heart of the matter is that Mr. Hyland <br /> claiming that I can't be fair. Whether we take it as a petition and I <br /> appreciate the procedural need to dismiss it if it's a petition. I <br /> don't have a problem with that, but I mean...It's only extending <br /> the issue further and further. I'd prefer that hey if you want to treat <br /> it as a conflict of interest, I have no problem with that. I'm not <br /> going to give my opinion because it involves me. I mean I'd like <br /> to at one point kind of make a statement about it. But at this point <br /> whether you take it as a petition or something else. I have no <br /> objection to that and maybe Mr. Hyland would be agreeable to just <br /> including it as part of the discussion of Billy Kenoi's matter. Just <br /> saying hey it's like a communication...we're gonna talk about it, <br /> but because it's not signed at this point it's not necessarily a <br /> petition. I'm open to however you all want to handle it. I just <br /> want to put that on the record. <br /> Mr. Murai: Madame Chair if I may. <br /> Ms. Kahakalau: Go ahead. <br /> Mr. Murai: Regardless of whether it's...it's styled as a petition, but if the <br /> Board or if member Adams suggest that we ask whether this could <br /> be construed as an affidavit of disqualification pursuant to Rule <br /> 4.5. The bottom line is that it's not that either because an affidavit <br /> requires a signature under oath and of course the respondent in this <br /> case Board member Goodenow would have to have an opportunity <br /> to respond.... <br /> Mr. Adams: Why are we saying that it depends on...it matters how you style it. <br /> Absolutely. <br /> Mr. Murai: Certainly, we cannot tell...well it's not the Board's job to give <br /> advice to litigants on how they want to conduct their case. <br /> Certainly, we can presume that Mr. Hyland has the rules or access <br /> to the rules and of course he's bound to follow them like all parties <br /> are. <br /> Ms. Kahakalau: So basically what have is we have a quote on quote petition. <br /> Meaning it was not filled out properly when it was received in <br /> time. And then, but it had to be put on agenda because it was <br /> received. It's up to us to decide whether we would like to hear it <br /> 25 <br />