2019-02-07 Hearing Transcript - Piilani Partners LLC SMA 18-070

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And, finally, if there is a reasonable allegation of harm to a public trust purpose, we must demonstrate that there is no harm, and I believe that Mr. Nance has done that today, whether it's tsunami, earthquake, lava inundation, there will be no harm to the aquifer. I think everybody looks impatient, and I'm still freezing so I will stop there. Thank you. CLARKSON: Thank you. We're going to break until 1:30, and the Commission may have, may or may not have an executive session, but those who want to testify, and we so far have ten signed up, please be back here at 1:30 for your testimony to be presented. KANAKA`OLE (from audience): [Inaudible] executive session not applicable [inaudible]. I'm trying to like understand your reason. You didn't really define an explanation for this executive session CLARKSON: Oh, I thought— KANAKA`OLE (from audience): Is it personnel or finance? CLARKSON: No, it's regard to our consideration of recent legal advice from our Corporation Counsel. KANAKA`OLE (from audience): Does it apply to personnel or finances? CLARKSON: Neither. KANAKA`OLE (from audience): Doesn't the Sunshine Law allow us that the Freedom of Information Act be present at this meeting where you have this discussion? `Cause it's not CLARKSON: —I'll let—I'll let our Corporation Counsel address that. KANAKA`OLE (from audience): You just said, it's not, it doesn't deal with personnel or finances. HALL: The Sunshine Law also allows the committee to confer with their counsel for their legal rights, duties, and obligations. So, that's also KANAKA`OLE (from audience): In regards specifically, it was not told specifically requesting this executive session. Is it for personnel or finance? HALL: No, it's neither of those things. They're going to confer with me about their legal duties and obligations as a commission. KANAKA`OLE (from audience): I think you know already what your legal obligations are. Aren't you? Don't you? HALL: Thank you. EXHIBIT D 22