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by Section 14-3(a) of the Hawai`i County Charter...now what I did <br /> was make copies of the pertinent rules that apply here...both rules <br /> 10 and 11...now Rule 11, paragraph 1 you know...states that you <br /> have to make full disclosure...now in another portion of that same <br /> rule...any member who has a substantial financial and/or personal <br /> interest directly affected in any action or proposal pending before <br /> the Council or Committee shall refrain from deliberating on said <br /> action and shall be excused from voting on matter thereon...but <br /> it's important to look at the rule further to see what the definition <br /> of substantial is...substantial means an interest which is sufficient <br /> in magnitude to influence one's official action...under the <br /> rules...Council members must vote unless excused by the <br /> Chairperson for stated conflict of interest...Rule 10, paragraph 6 of <br /> the rules states...no member shall refrain from voting unless <br /> excused by the Chairperson for stated conflict of interest...now <br /> pursuant to the chartered rules...any alleged incidental or indirect <br /> financial and/or personal interest is not a basis for a Council <br /> member to refrain from deliberating or voting on a matter so...so <br /> you had heard earlier...Council member David had informed this <br /> body you know as to you know what is businesses...what is work <br /> is and so in rule...you know like this under section 14(a)...you <br /> know all the Hawai`i Charter recognizes is that you know...the <br /> Council members have to operate you know but...but they have <br /> rules so...so looking at section 14-3(a) of the Hawaii County <br /> Charter...it provides that any member of the Council who knows <br /> of a personal interest direct or indirect in any action proposed or <br /> pending before the Council shall disclose such interest prior to the <br /> taking of any votes...so that makes sense you know...you disclose <br /> it...it's out there...and...then they conduct...they conduct the <br /> business and it's up to the Chair as that time to decide you know <br /> whether the person should refrain or recuse him or herself...I have <br /> one example because you know...we had just been...last year <br /> anyways where a Council members have been...deliberating on <br /> increase and decrease both fuel and property taxes...now as we all <br /> know...you know...I'm sure that most of the Council members <br /> own vehicles so you know so they would be taxing <br /> themselves...most of the Council members that I know of you <br /> know have real property so you know again it's either a benefit or <br /> you know a burden to them so doesn't make sense you know in a <br /> situation like that that they don't get to vote or nobody's gonna <br /> vote you know...so these rules recognize also how government <br /> operates in these kinds of situations...now...a failure to disclose a <br /> financial and/or personal interest, direct or indirect, could violate <br /> Section 14-3 of the Hawaii County Code. There's a case that I <br /> cited Hui Malama Aina O Koolau v. Paccarro, 4 Haw. App. <br /> 304...that was decided back in 1983 and in that particular case <br /> 7 <br />