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But who is giving advice? What happens right now is that Ashida, who is part of Mayor
<br />Kenoi's cabinet, and clearly identifies with the executive branch, and if there is any conflict,
<br />he stands by the executive branch. I think what happens is then you don't have those issues,
<br />those disagreements worked out at that level where they should be. Instead, things end up
<br />going to court, that shouldn't go to court; such as with the impact fees, where Judge Ibarra
<br />said, is your impact fee ordinance in line with the State statute. Well, it clearly is not, and
<br />what Chris Yuen said is well, if it gets to litigation, then we'll deal with it. Corporation
<br />Counsel's office basically said, we are going with the executive branch, which was in
<br />litigation over that point. Tome, it just set the County up for risk. I don't want to spend a lot
<br />of time on this, but there were a number of cases that if you had more discussion on the
<br />county level, we wouldn't have ended up in court in the Hokulia case, in the Leslie case. As
<br />I see it, you would have had those discussions on this level, rather than sort of all the people
<br />that are being sort of yes - people to whatever the administration's position is. I encourage
<br />you to look at how to have some separation. I did write something up on that. Certainly
<br />right now, there is a great deal of distrust with the corporation counsel, and the whole county
<br />legal system because of what's going on with the county council.
<br />As I went through, a lot of what you all wrote in the minutes, if it weren't for all of that going
<br />on, I would agree with more, such as the four year term limits. But, right now Clerk
<br />Goodenow and Ashida are right in the middle of what's going on. Yoshimoto, Ashida and
<br />Goodenow are like three of them right together. Then you have the council majority, and the
<br />minority is just being left out. But, I'm not looking at it from the position of those council
<br />people; I'm looking at it from the position of the public. When we sit there and watch this
<br />going on and see -- televised -- Goodenow is saying one thing here, but then he said another
<br />thing the day before, and Ashida is saying this, and it's all --- Anyways, I think it's important
<br />to be aware that right now, there is more distrust, and so where a conflict of interest may not
<br />in the past have seemed so important, it certainly is important right now.
<br />On the Legislative Research assistants; they are all appointed positions, and again, this makes
<br />everything so political. It seemed like you were leaning in the direction of making those
<br />positions not appointed, but whether it's civil service, or whatever you call it. So that they- -
<br />number one - -are not just looking at themselves as political beings that have to--- Basically the
<br />way it goes, is they have to do whatever Goodenow says, and Goodenow says whatever
<br />Ashida and Yoshimoto say. So, even if they come up and write something- -here is the
<br />analysis - -they can't give it to the councilperson if it disagrees with the position of someone
<br />who is right in the Mayor's cabinet. And, let me just say, I like our Mayor, this is nothing
<br />personal, I'm just trying to look at it as a matter of trust and accountability to the public.
<br />If you do any transitions, I think it's important to say how you are dealing with people who
<br />are in positions right now, whether that has to do with changing the number of years for
<br />council, or a board members, or council members versus how you deal with the legislative
<br />research branch. If you are aware, there was a lawsuit about Arakaki, and he transitioned
<br />from four year terms to two years terms. Everyone protested, you don't get another two year
<br />term. They went to court about it, but by the time they got a decision saying he couldn't do
<br />that, he had already served out those additional two years. Staggered terms, I think there was
<br />a general sense that didn't work, and I agreed with that. I hope you don't mind if I just sort
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