11-13-18 Regular Session Minutes

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Ms. Sumner -Mack: Mr. Goodenow: Ms. Sumner -Mack: Mr. Goodenow: Ms. Kahakalau: Mr. Goodenow: Ms. Kahakalau: Mr. Yoshimoto: Ms. Kahakalau: Mr. Goodenow: On 6.7 Issuance of Formal Opinion. We say within a reasonable time after the close of the hearing, the board shall issue its formal opinion on the alleged conduct which shall be based upon competent and substantial evidence and I'm wondering if we need to clarify what is reasonable time because Honolulu says thirty days. Maui is more like ours. Like I said I think they were very similar to begin with. They say reasonable cause. Reasonable. I like the 30 days. I think that's a reasonable time and the more specific we can be, the stronger the rules are gonna be in terms of consistency. And I think 30 days is a reasonable time so maybe we can put that into our draft. Take the rule 7.7 the Honolulu version for that part. I agree with. I can do that. I just note sometimes there's very unattended consequences. For example you know there was a certain board where they had to meet right and they had a hurricane or something and then they rescheduled but it was like a day after the 30 days...that was it. But I'm okay with doing that...I'm at your instructions...30...I'll put the 30 okay. Counsel do in general as rules go what's the accepted practice in terms of time. 30 days I think is a reasonable period of time. But I do think that having leeway also helps because you don't want to have something... Out of control kind of... Right. Cause it says 30 days after the final hearing or meeting because this is Honolulu's language but it would be 30 days after the hearing right...we shall render its decision. Well what if we don't have quorum? And then we gotta make sure the meeting is before that time cause we vote on the final. We gotta vote on it. So... Ms. Sumner -Mack: Well how about putting in language like...unless there are extenuating circumstances. 25