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Ms. Kahakalau: Yup, but I think he's specified the specificities of the what and we <br /> still have the who, we have the when, you know we have the <br /> request etc. etc. right so we're proceeding...I just wanted to make <br /> sure that we are all on the same page here. Okay so the next <br /> question I would say would be who will conduct the investigation. <br /> I mean there's no specific order. <br /> Mr. Adams: We in 5.3(a) the Board as a whole is one of the entity's that can <br /> conduct all or part of the investigation or hold an investigatory <br /> hearing and I would recommend that it be the Board as a whole. <br /> Ms. Kahakalau: Okay. Any further discussion on that...I'm in agreement with that. <br /> Does anybody else have a comment on that? <br /> Mr. Robinson: Nope. I'm fine with that. <br /> Ms. Kahakalau: Okay so that will be part of the resolution is that the entire Board <br /> will be conducting all or part of the investigatory hearing as <br /> applicable. <br /> Mr. Robinson: Madame Chair may I ask to is our intention of a Board to issue <br /> subpoenas for both the petitioner and the respondent to appear? <br /> Ms. Kahakalau: I would say you know given that they was a clear request to attend <br /> in our previous communications and neither of the parties honored <br /> that request and we have a time issue. If we didn't have a timeline <br /> issue, it would be still another story...but at this point we have <br /> gone out of our way and as a result that this has been dragged on <br /> and now we're at a point where if we don't make a decision then <br /> there will be no decision to be made because Mayor's term of <br /> service expires so I would be in favor of a subpoena for both Mr. <br /> Hyland and the Mayor for that reason. <br /> Mr. Robinson: Okay. <br /> Mr. Murai: Madame Chair the rules also allow the parties to agree to appear <br /> and I'm not sure whether the Counsel is able to commit on behalf <br /> of their client if they are great if not then the Board can consider a <br /> subpoena. <br /> Ms. Kahakalau: I'm sorry I was assuming since Mr. Hyland is not there and the <br /> person that's there is not an official representative that that as far <br /> as Mr. Hyland is concerned there's no option there...but I do want <br /> be willing to put the question the respondents to see whether they <br /> would let us...whether they agree that our request for the Mayor <br /> Kenoi to appear at this investigatory hearing will be granted. <br /> 41 <br />