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Mr. Adams: If I might. I'd like to hear from Counsel. I'm not sure whether the <br /> motion that we made back a few months ago when we agreed to <br /> take this matter back up here in the November meeting was either a <br /> decision to hear the petition or was actually a decision to hold an <br /> informal hearing. So in either case I think I'd like to know that <br /> and the second would be to answer Vice-Chair Goodenow...I think <br /> hearing from petitioner or petitioner's representative and then also <br /> the respondent would be part of the procedure...but I defer to <br /> Counsel. <br /> Mr. Murai: Good morning members, Deputy Corporation Counsel Gary Murai <br /> acting as special Counsel to the Hawai`i County Board of Ethics. <br /> I'm looking at a September 22, 2016 memorandum to Mr. Hyland <br /> and Mr. Eddins wherein the Board's secretary informed the parties <br /> that today's hearing would be for informal hearing on the petition <br /> and that it was also requested that all parties appear at...anyways <br /> that's where we're at. <br /> Ms. Kahakalau: And then could you please explain what responsibility or steps <br /> then either the petitioner or...how would they respond or should <br /> they respond to this correspondence. <br /> Mr. Murai: Well...generally speaking...informal hearing are the opportunity <br /> for the Board to pose questions to the parties...for the parties to <br /> submit information or evidence if they have any which may be <br /> helpful to the Board in reaching a decision on the petition. <br /> Ms. Kahakalau: Thank you. <br /> Mr. Goodenow: One other question on that. The respondent can ask if they want it <br /> to be a closed hearing or not. Is that correct? <br /> Mr. Murai: The respondent may request that the hearing...well first of all the <br /> hearing starts off by default being an open hearing...however the <br /> respondent may request a closed hearing if he matters may infringe <br /> upon anyone's rights to privacy. I'm sorry I just wanted to add one <br /> more thing about informal hearings. The Board kind of has a fairly <br /> wide range of options and a great deal of flexibility how it wishes <br /> to conduct the...it's the informal hearing. If they Board feels that <br /> the record is sufficient upon which to make a decision. The Board <br /> may render an advisory opinion at that point without...you know <br /> hearing or soliciting any further evidence. All the way to having <br /> the parties make presentations. <br /> 10 <br />