2021-01-07 Windward Exh D (Discussion recusal of a commissioner)

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WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT JANUARY 7, 2021 A regularly advertised discussion on CREATION OF A NEW RULE RELATED TO RECUSAL OF A COMMISSIONER was called to order at 11:59 A.m. via live-stream online meeting, with Chairperson John Replogle presiding. COMMISSIONERS IN ATTENDANCE: Dean Au, Gilbert Aguinaldo, Joseph Clarkson, Thomas Raffipiy and John Replogle ALSO IN ATTENDANCE: : Malia Hall, Esq. (Counsel for the Commission), Jeff Darrow, Deputy Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Maija Jackson (Temporary Assignment Planning Program Manager), Rachelle Ley (Secretary to the Planning Director), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) Discussion of creation of a new Planning Commission rule of practice and procedure related to procedures for recusal of a Commissioner. Secretary's Note: "—" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. DARROW: Mr. Chairman Item Number 2 on Administrative Matters this is discussion of creation of a New Planning Commission rule of practice and procedure related to procedures of recusal of a Commissioner. There was a situation that arose in the Leeward Planning Commission and this matter came to light and the Leeward Commission asked that there be discussion at the Leeward Planning Commission. That was discussed at their last December meeting, I believe that's correct maybe it was January. But, we did mentioned that we were take both of the items that were placed on the Leeward agenda to the Windward Commission as well. So, Items 2 & 3 will be presented today, our Corporation Counsel Malia Hall will be addressing Item Number 2, I'm going to share my screen so that she can be able to present the training and discussion. Give me one sec I'll be right there. Okay. HALL: So, as he sets that up I'll just begin talking our rules of practice and procedure do not have anything about recusal. You've been doing it on a voluntary basis. If a Commissioner feels they have a conflict or even a perceived conflict or an appearance of a conflict they usually they will either ask me about it or they'll just recuse themselves. So, the Leeward Planning Commission was concerned that we would have an actual rule so that we could have some guidance and so I looked through all the other Boards and Commissions and I found the Merit Appeals Board (MAB), the Board of Appeals (BOA) and the Board of Ethics (BOE) all have a very similar rules and they put it under as disqualification of a board member. So, we'll show you their rules and this is all just a pre-discussion in a sense of you can think about it because of course we would have go to a joint Commission and you would have to vote on this and in order for it to be a majority of the joint Commission in order for it to become a rule. 1 EXHIBIT D