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responsibility relating to proposed legislation, or other matters specific to the Council, rather <br />than being under the Corporation Counsel. <br />I'm going to give one quick example that I saw, which was when the discussion of impact <br />fees and fair share contributions came up before the Council. Those are issues that happened <br />to be involved in the Hokulia road case, on the issue of undue accommodation of developers <br />in terms of eminent domain. It was also the case in terms of dealing with fair share <br />contributions. I'm not going to get into what those are substantively, but just to say those <br />were issues involved in a legal case. The same Counsel or Deputy Corporation Counsel was <br />advising the County Council on drafting, on whether they needed to be in compliance with <br />the State impact law. It was my opinion that the County does need to be in compliance with <br />the State law. I think that the Deputy Corporation Counsel person was put in an untenable <br />position. How I would advise in a lawsuit is very different from how I would advise <br />legislators who are trying to draft something and not be worrying about whether they are <br />going to court, or taken to court, which was my concern, and continues to be my concern. I <br />know that Corporation says, "I don't feel conflicted," but the public sees the conflict. I, as an <br />attorney seethe conflict. I just want to stress that the whole issue of conflict of interest goes <br />to that integrity and trust that the public has in the different branches of government. <br />Let me just say, lastly, on that same point, I also bring up the issue of there's a provision the <br />Council can authorize outside counsel for special matters presenting a real necessity. I <br />believe that what Corporation Counsel, Mr. Ashida, said was, it is there in theory but it's <br />really not used unless we document or find that there's a direct conflict. I just think that one <br />should look at that a little bit more. I think right now, what's going on, just say that you all <br />are Corporation Counsel, and there is conflict going on between groups on the County <br />Council, who are you representing? Who are you representing, the Chairman of the <br />Council's position? How are the minority members being represented? So, I just was trying <br />to look at what is a practical way that one can sort of look at how to deal with these systemic, <br />structural issues of conflict of interest, and do it in a way that some of the other counties and <br />other localities deal with them. Thank you very much. <br />CHR. HAITSUKA: Any questions for Ms. Wille? Thank you Ms. Wille. Is Mr. Frankel <br />here to testify? Is there anyone in Kona to testify? <br />MR. HIRT: Good afternoon, Mr. Chair. We have two testifiers here in Kona today. <br />CHR. HAITSUKA: Can the first person approach the microphone and state your name <br />please. <br />SUSAN DURSIN <br />(At this time Susan Dursin came forward to address members of the Charter Commission) <br />MS. DURSIN: My name is Susan Dursin, and I'm from Captain Cook. I would like to thank <br />you for taking my comments today, and also to thank you for serving on this Commission. I <br />know it's not widely recognized the amount of time and effort that this kind of service <br />entails. I am aware of it and very appreciative, so thank you. <br />12 <br />