HomeMy WebLinkAbout2024-10-29 Order Granting Appellant Request for Subpoena for Witness Testimony ELIZABETH A. STRANCE 4715
Corporation Counsel
SYLVIA A. WAN 9586
Deputy Corporation Counsel
Office of the Corporation Counsel
County of Hawai`i
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
Telephone: (808) 961-8251
Facsimile: (808) 961-8622
E-Mail: sylviaa.wan@hawaiicounty.gov
Attorney for the Board of Appeals
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
PO PROCESSING COMPANY, INC., dba CASE NO.: PL-BOA-2023-000065
PO PROCESSING COMPANY
ORDER GRANTING APPELLANT I`O
Appellant, PROCESSING COMPANY,INC., dba I`O
PROCESSING COMPANY'S REQUEST
vs. FOR SUBPOENA FOR WITNESS
TESTIMONY; CERTIFICATE OF
STEPHEN M. PAUSE, DIRECTOR, SERVICE
DEPARTMENT OF PUBLIC WORKS,
Hearing:
Appellee. Date: November 15, 2024
Time: 9:30 a.m. in Hilo
ORDER GRANTING APPELLANT I`O PROCESSING COMPANY, INC., dba I`O
PROCESSING COMPANY'S REQUEST FOR SUBPOENA FOR WITNESS
TESTIMONY
PURSUANT to Board of Appeals (hereinafter "Board") Rule 3-3, a virtual pre-hearing
conference was held on October 29, 2024. Ian R. Wesley-Smith, Esq., and Patrick Wong, Esq.,
Attorneys for Appellant I`O PROCESSING COMPANY, INC., dba I`O PROCESSING
COMPANY, Sinclair Salas-Ferguson, Deputy Corporation Counsel, Attorney for Appellee
STEPHEN M. PAUSE, DIRECTOR, DEPARTMENT OF PUBLIC WORKS, Sylvia A. Wan,
Deputy Corporation Counsel,Attorney for the Board of Appeals,and Cathy Lewis, Chair,appeared
via Zoom.
Appellant filed a Request for Subpoena on October 23, 2024 for the presence of the
following witnesses: Joleen Sonomura, Kelly Wilson, Chris Domino, Kehau Dumaguin, and Joel
Fitzgerald. Appellant further filed a Request for Subpoena for documents on October 23, 2024.
Appellee filed a Response to Appellant's Subpoena Requests on October 28, 2024.
At the pre-hearing conference, Chair Lewis asked questions of the parties related to how
the requested witnesses and material was material and relevant to the issues involved.
PURSUANT to the Board of Appeals Rule 3-9(a), the chairperson of the Board may
authorize the issuance of a subpoena. After the pre-hearing conference, Chair Lewis GRANTED
the issuance of subpoenas for the appearance of the following witnesses:
1. Kelly Wilson,
2. Chris Domino,
3. Kehau Dumaguin, and
4. Joel Fitzgerald.
Chair DENIED the issuance of subpoena for the appearance of Joleen Sonomura. Chair
DENIED the issuance of subpoena for documents after January 13, 2024. Chair determined that
all other material and relevant documents were otherwise produced by the Department or subject
to privilege. To confirm this finding, Sinclair Salas-Ferguson, Deputy Corporation Counsel,
Attorney for Appellee is requested to submit an affidavit to declaring that fact.
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Additionally, the Appellee requested the imposition of the witness exclusionary rule at
the hearing. Appellant agreed. Chair GRANTED this request and will impose the witness
exclusionary rule at the hearing.
Dated: Hilo, Hawaii, October 29, 2024.
/ cWseeelc0.
CATHY LEWIS, Chair
Board of Appeals, County of Hawai`i
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BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAII
STATE OF HAWAII
PO PROCESSING COMPANY, INC., dba CASE NO.: PL-BOA-2023-000065
PO PROCESSING COMPANY,
BOARD OF APPEALS' CERTIFICATE OF
Appellant, SERVICE
vs.
STEPHEN M. PAUSE, DIRECTOR,
DEPARTMENT OF PUBLIC WORKS,
Appellee.
BOARD OF APPEALS'CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing document was served
upon the parties identified below by electronic mail service pursuant to Board of Appeals rule
3-19 on October 29, 2024 •
Delivered via Electronic Mail (E-Mail and/or EPIC):
Ian R. Wesley-Smith, Esq.
Patrick Wong, Esq.
Attorneys for Appellant
Sinclair Salas-Ferguson
Deputy Corporation Counsel
Office of the Corporation Counsel
Attorney for Appellee
Dated: Hilo, Hawaii, October 29, 2024.
Gt r-WW1"
ASHLEY DEVERA
Staff to the Board of Appeals
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