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08-07-17 Regular Session Minutes
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08-07-17 Regular Session Minutes
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necessarily...but that was...that was an interesting because <br /> typically...you know...the...the idea that there are exemptions to <br /> policy is always you know...part of you know how we <br /> operate...but...we're dealing with statute and that's different often <br /> times...so just your thoughts on the idea of going down that rabbit <br /> hole...seeing if there's something that makes sense for us there but <br /> I think that if I'm thinking about it and the last couple of years we <br /> had a particular...the travel case and by our public officials and <br /> that...had that waiver capability been available...that might have <br /> been...a way to maneuver through that at least for me...so... <br /> Mr. Goodenow: That sparks my interest...putting it that way. <br /> Mr. Adams: Anyway...I just...I guess I would...get your initial thoughts on <br /> whether that's something that...one we can do or we...you know if <br /> we're not given that authority then we probably can't do that <br /> necessarily because these Rule of Practice and Procedures...you <br /> know we're authorized to...set our own Rules of Practice and <br /> Procedure right...it's part of the board...what boards can do and <br /> it's in our...it's in the code also and they then have the force of <br /> law...you know obviously County Council ordinance takes <br /> precedence kind of idea but they have the force of law for the <br /> purposes of procedures so...that...it's pretty serious business this <br /> whole rules deal...so I've done enough talking about that...your <br /> thoughts on the idea of looking at being able to consider waivers. <br /> Ms. Kahakalau: Well I know from Hawaiian prospective we always have that out <br /> you know because there's always a possibility that something <br /> doesn't fit you know...the ideas all there and the intent is there but <br /> there's just this one aspect that just doesn't fit it even though if you <br /> would technically interpret it...it would fall under it but it doesn't <br /> quite kind of thing so I'm actually in support of that just because <br /> that's a traditional way and a way that we operate and from a <br /> Hawaiian world view...and I also think that it applies in law also <br /> you know that there's just sometimes when there's just when it just <br /> doesn't fit...and then for myself not being a lawyer...I'm <br /> definitely a little bit more flexible but I can see where people that <br /> are lawyers you know are really so bound by that that you couldn't <br /> make up another decision except for the one that's a very literal <br /> interpretation where I would you know so to me a waiver in <br /> that...in those kind of rare exceptions you know because that's <br /> really what it would be rare exception would be something that <br /> may be of benefit for the people that are coming or that are being <br /> accused of something. <br /> Mr. Adams: Okay. <br /> Y <br /> 22 <br />
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