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08-14-18 Regular Session Minutes
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08-14-18 Regular Session Minutes
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Mr. Wiseman: My concern in general when reading through rule 4...in your <br />excellent analysis and comparison. <br />Mr. Goodenow: Just putting it out there. <br />Mr. Wiseman: <br />I think it's really good. Is advisory opinions which is what this <br />seems to really intend to deal with but then it's intertwined with <br />procedure for complaints. And I don't know if a distinction is <br />necessary or not. Someone asked for an advisory opinion, can that <br />person take that $500 he found on the ground outside the Mayor's <br />office without doing anything. I mean that's an advisory opinion. <br />Mr. Goodenow: Right. <br />Mr. Wiseman: But a complaint is sort of different and I find it intertwined with <br />investigations going on and people...their concerns so. <br />Mr. Goodenow: <br />Mr. Wiseman: <br />Ms. Kahakalau: <br />Mr. Wiseman: <br />Mr. Goodenow: <br />I couldn't agree more. I almost think we should just adopt the <br />Maui provisions in total really...just have it separate...I mean it's <br />nice now we have one form...the petition form that you use for <br />everything. But maybe we should separate out... it just to me <br />would be easier to follow from a layperson reading Rule 4 it's so <br />convoluted. <br />Like that advisory opinion for example the little story I told you <br />before about my prize that I won. That's what I was seeking. No <br />complaint involved, no investigation nothing. It was an advisory <br />opinion can I keep these tickets or not you know. Things like that <br />it doesn't involve a whole investigation. <br />And with the change in the law we had a bunch of those right we <br />had a bunch of employees that came with specifically and ask you <br />know...as far as pending processes in all those kind of thing. So <br />that's something that we do pretty regularly is you know dealing <br />with those kind of advisory opinions. <br />And like in Kaua'i, like Honolulu or Maui, it says advisory <br />opinions may be requested by officers or employees to assist them <br />in the proper performance of their official duties and <br />responsibilities in consistent with the Code of Ethics. And that's <br />when advisory opinion should head. Complaints a whole different <br />road I think. <br />You know if it just a reason to that it gets confusing is because no <br />one is gonna demand a contested case hearing on an informal <br />advisory opinion right? I could see a complaint...yeah gonna fine <br />28 <br />
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