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authorized by the Commission.” What, is Rule 4, what’s our role in that? How do we get out of <br />the way, or are we automatically out of the way? Because, we have not by this Rule approved <br />the designation, have we? How does this apply? I seem, I’m just confused by this. <br /> <br />UNGER: Daryn, what we are going to do is, this is a point of law basically, and so I’m going to <br />ask for an executive session after we hear from the testifier. And what we need to be clear on as <br />Commissioners is what our responsibility is, what our kuleana is. And so, Daryn, if you have <br />anything to add to that, or, Amy, if you have anything to add to that, I’d like to wait until after <br />the executive session so that we are clear on what our responsibilities are. <br /> <br />SHIMAOKA: Mr. Chair, I was just about to make that move to go into executive session. <br /> <br />UNGER: Well, let’s, okay, great, and I will call for that at that time. Ms. McMichael, do you <br />have anything else to add at this time? <br /> <br />MCMICHAEL: No. I just say thank you for letting me and allowing me to — <br /> <br />UNGER: Great, wonderful, thank you. <br /> <br />MCMICHAEL: Thank you. <br /> <br />UNGER: Thank you. You may be seated. Again, this is a public hearing. If there is any <br />members of the public that would like to testify on this issue, now is the time. Commissioners, I <br />need a motion to close this portion of the public hearing. <br /> <br />KAHOLO: So move. <br /> <br />SHIMAOKA: Second. <br /> <br />UNGER: We have a motion by Commissioner Kaholo, second by Shimaoka. All in favor? <br /> <br />COMMISSIONERS: Aye. <br /> <br />UNGER: Opposed? \[None.\] The public hearing portion is closed. I’d like to ask the <br />Commissioners for a motion to go into executive motion. <br /> <br />SHIMAOKA: Mr. Chair, I move to enter into executive session to consult with the <br />Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, <br />privileges, immunities and liabilities pursuant to Hawai‘i Revised Statutes Section 92-5. <br /> <br />UNGER: Do we hear a second? <br /> <br />CHURCH: Second. <br /> <br />UNGER: Second? We have a motion from Commissioner Shimaoka, second by Commissioner <br />Church. All in favor? <br />4 <br />EXHIBIT B <br /> <br />