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NEIGHBORHOOD COMMISSION

                                                                                                                                   

DRAFT SPECIAL COMMISSION MEETING MINUTES

SANCTIONS HEARING RE: COMPLAINTS INVOLVING EWA NB NO. 23

MONDAY, JUNE 28, 2010

HONOLULU HALE COUNCIL COMMITTEE MEETING ROOM, SECOND FLOOR

530 SOUTH KING STREET, HONOLULU, HI

 

 

CALL TO ORDER: Commission Chair Brendan Bailey called the contested case hearing to order at 7:00 p.m.

 

Roll Call of Parties A roll call of the parties was taken with Rae Gee, Kurt Fevella, Mitchell Tynanes, Tom Berg, Coby Lynn, and Steve Knauer present. Sandra Arakaki, John Gollner, Marcie Nagata, Malia Chanel-Benjamin, Roger Lacuesta, Celeste Lacuesta, and Glenn Oamilda were absent.

 

Roll Call of Commissioners: A roll call of the Commissioners was taken with a quorum of eight (8) members present (Brendan Bailey, Bob Finley, Ed Gall, Wilson Ho, Ron Mobley, Jeanette Nekota, Bob Stubbs, and Sylvia Young).

 

Guests/Staff John Chinen (Kailua Neighborhood Board No. 31),  Cardy Gang (Kalihi-Palama Neighborhood Board No. 15), Debbi Glanstein (Kailua Neighborhood Board No. 31), Carolyn Golojuch, Mike Golojuch (Neighborhood Board No. 34), Michael Golojuch Jr., Michelle Golojuch, Maeda Timson, Keith Timson, Bambi Wong; Elisabeth Contrades (Deputy Corporation Counsel); Rae Gee (Executive Secretary), Bryan Mick (Executive Assistant), Theona Kapoi (Neighborhood Commission Office).

 

ADJUDICATION HEARING ON COMPLAINT #1001-23-01

Chair Bailey noted that the Commission will hear a complaint related to alleged violations of the Neighborhood Plan at the October 8, 2009, November 12, 2009, and December 10, 2009 meetings of the Ewa Neighborhood Board No. 23. 

 

Chair Bailey also noted the following:

 

  • The complainants have received the proper notice for this hearing pursuant to Hawaii Revised Statutes (HRS) Section 91-9 and 91-9.5. 

 

  • The procedures for a contested case hearing were followed as specified in the Hawaii Revised Statues - Chapter 91, and Revised Neighborhood Plan Sections 2-18-202, 2-18-204, and 2-18-205.    

 

  • The complaint was initiated by the Executive Secretary and adopted by the Neighborhood Commission at its January 6, 2010 meeting.

 

  • Pursuant to HRS Chapter 91-10(5), the party initiating the proceeding or the Complainant, have the burden of proof including the burden producing evidence as well as the burden of persuasion.  The degree of quantum of proof shall be a preponderance of the evidence.  Basically, the standard is met if the allegation is more likely to be true than not.  If the Complainant does not meet this burden, the complaint will be dismissed by the Commission.

 

  • For purposes of this hearing, the formal rules of evidence do not apply; however, irrelevant, immaterial, or unduly repetitious material will be excluded from evidence. Cross-examination will be allowed of witnesses who have presented oral testimony to the Commission.  There will be no rebuttal.  

 

  • The Commission may take notice of judicially recognized facts.  A judicially noticed fact must be one not subject to reasonable dispute.  If the Commission takes judicial notice of any fact, the Commission will afford the parties the opportunity to contest any facts so noticed.

 

  • Pursuant to the Revised Neighborhood Plan, after the conclusion of the presentation of the respondent's case, the Commission will deliberate and determine whether the respondent has violated the Neighborhood Plan, and if so, the Commission will determine whether sanctions are appropriate.  Under the Neighborhood Plan sanctions may include, but are not limited to, suspension or removal of a board member.

 

  • The Commission will issue a written final decision and order within fifteen (15) calendar days after the hearing.  Any person aggrieved by a final decision and order in this contested case may seek judicial review in accordance with HRS Chapter 91.

 

As a reminder to those in the audience, Chair Bailey commented that the Commission is acting in its adjudicatory capacity.  Therefore, pursuant to HRS Section 92-6, there will be no public testimony.  Only the parties and those designated as witnesses by the parties will be permitted to provide oral testimony.

 

Knauer objected as an individual to evidence items #6 or #7, informal complaints filed by Scott Belford and Sandra Arakaki. With that objection noted, all documents and written statements already submitted to the Neighborhood Commission and made available to the opposing parties prior to the hearing was made a part of the record in the case subject to the following reservation. There are multiple exhibits that have been submitted as evidence in these complaints that do not appear to be relevant to these proceedings. Therefore, as these exhibits are introduced, the Commission reserved the right to exclude such exhibits from evidence if the presenting party fails to proffer why such evidence is relevant to the respective complaint.

 

Opening Statements:

 

1)       Executive Secretary Rae Gee stood on the complaint.

2)       As individuals, Steve Knauer, John Gollner, Kurt Fevella, Tom Berg, and Mitchell Tynanes offered opening statements.

 

Testimony and Witnesses:

 

1)   Executive Secretary Rae Gee was sworn in by Chair Bailey and testified that the complaint was submitted to and accepted by the Neighborhood Commission at its January 25, 2010. The Commission took testimony and reviewed videos at that meeting.

 

Chair Bailey read the list of evidence, noted that Berg and Knauer had submitted responses to the complaints, and asked if anyone had been designated by the Board to speak on behalf of the board. No one indicated they were designated so Chair Bailey called the respondents as individuals.

 

3)       As individuals, Steve Knauer, John Gollner, Tom Berg, and Kurt Fevella, and Mitchell Tynanes offered testimony.

 

At 8:30 pm Chair Bailey called a recess.

 

At 8:40 pm Chair Bailey called the meeting back to order.

 

4)       As individuals, Coby Lynn and Mitchell Tynanes offered testimony.

 

Young moved, and Mobley seconded, to adjourn the hearing and pursuant to HRS Chapter 91, the Commission will deliberate on this matter in private. The parties will be informed of the Commission's decision within fifteen (15) calendar days.  MOTION PASSED BY UNANIMOUS CONSENT, 8-0-0 (Bailey, Finley, Gall, Ho, Mobley, Nekota, Stubbs, and Young)

 

ADJOURNMENT:  The meeting adjourned at 9:03 p.m.

 

 

Submitted by:

Bryan Mick, Neighborhood Commission Office

 

Last Reviewed: Monday, December 13, 2010