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So, I'm just wondering. I guess we're going to the legal question here. The Planning <br />Department is an agency. These, these recommendations are coming from the Planning Director. <br />Therefore, is this a person under this definition? <br />HENKEL: Ah yes, thank you, Mr. Unger. Mr. Clarkson? <br />CLARKSON: Hence the reason for my motion to obviate all of the confusion about whether this <br />Commission can consider these rule changes upon the initiation of the Director, I am proposing <br />that the Council [sic] initiate consideration of the rule change. I mean, the Commissions, the <br />Joint Commission initiate consideration of this rule change. And, I humbly ask for a second. <br />HENKEL: Do you understand the motion, Leeward Commission? <br />SHIMAOKA: I did not. This is Commissioner Shimaoka. <br />HALL: So, Rule 2sorry, this is Malia Hall—Rule 2.1 says the Joint Commission may at any <br />time initiate proceedings for the adoption, amendment, repeal of any rule of the Commissions <br />and procedures to be followed in rulemaking shall be set forth in these rules. Therefore, <br />Commissioner Clarkson is saying rather than get into the legal argument of is the Director a <br />person as stated in these rules or not, the Planning Commission can use their authority to now <br />initiate these amendments. Not saying that you guys are going to approve all of them. You still <br />have the authority to approve or not approve certain amendments. We will go through each one. <br />So, this is not a motion to approve anything. This is just a motion to initiate and consider these <br />amendments as put before you by the Planning Department. <br />HENKEL: Mr. Darrow, the planner, has a comment. <br />DARROW: Thank you, Mr. Chair. Also, for clarification, the matter was agendized as "review <br />and action of the proposed amendments to Planning Commission Rule." It wasn't agendized as a <br />Planning Director initiated rule change. The only—when the Background and Recommendation <br />came out, that had as a title, "Planning Director Initiated." That's normally how we present <br />these rule changes to the Commission. That process may need to change and be clearer, but as <br />far as this process being agendized, it was agendized correctly. <br />HENKEL: Thank you. <br />UNGER: So, it's like there's a slight conflict in these terms. One, we have a person, any person <br />can initiate a rule change, and it's very specific that an agency cannot initiate a rule change, and <br />then additionally, that was just pointed out, the Commission can initiate a rule change at any time <br />regardless of the source. Is that correct? <br />HALL: Yes, that's correct. <br />HENKEL: Then we <br />EXHIBIT A <br />17 <br />