Government Relations, Ethics, and Transparency Committee - Regular Meeting

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Thank you.

Will the Government Relations, Ethics and Transparency Committee meeting of August 4th, 2026 come to order? It is 1.33 p.m. I'm your chair, Colin Patongan. Members, in accordance with the Sunshine Law, please identify by name who, if anyone, is in the room, vehicle, or workspace with you today. Minors do not need to be identified. Committee Vice Chair, Noheilani Uhuhajit.

Do I just talk like this? Everybody can hear? All right. Hello, everyone. I'm here.

Council member Tom Cook. Hello, Chair. Good afternoon. Good afternoon. Council member Gabe Johnson.

Good afternoon, Chair, Council members, community members. There's no testifiers here at the Lanai District Office. I'm alone on my side of the office. And just to let you guys know, it's a little hard to hear and there's low echoey, so maybe the mic a little closer might help us. Thank you.

Thank you for that feedback, Council Member Johnson. So where is the mic for me? Okay, so members in the conference room, project and towards it that way. Council Chair Alice.

From my home office where no one's here except me, Hu Jumbo from Kenya.

Hu Jumbo, Chair Lee. Council Member Tamara Paulton.

Aloha Wina Law, streaming live and direct from the finance department conference room. Was that loud enough, Dean?

Thank you. Council Member Kenney, Rollins-Fernandez. I swear I saw her blogging, okay.

Aloha, I'm in a public space. Aloha Wina Law Chair, I'm in a public space making my way to the county building. There are no testifiers at the Mukai District Office, mahalo.

Aloha wina ala, we'll see you soon. Council Member Shane Sedensi is excused. Council Member Yuki Leisugimura.

Hi, I'm in my private meeting space and there's nobody here with me. Looking forward to an interesting meeting.

Thank you. Okay, so from Corporation Council, we have with us Deputy Corporation Council, Bill Berry. Good afternoon.

Good afternoon, Council Members.

We have Deputy Corporation Council Pasquale. Good afternoon. Good afternoon. We have with us Deputy Corporation Council Colby for his fourth final meeting with this committee. Good afternoon.

Good afternoon. And do we have anybody else from the Corporation Council?

Hoke. Hoke. H-O-K-E. Thank you. Good afternoon. We also have with us here the Engineering Division Chief Kyle Genoza from Public Works. Good afternoon. Thank you. And we will have with us at some point Deputy Chief of Police Wade Maeda. We also have with us our great committee staff. Good afternoon, everybody. Please see the last page of the agenda for information on meeting connectivity. Members, we have before us Resolution 26-128, which would authorize settlement for the claim filed on November 19, 2024, alleging that streetlights owned by Hawaiian Electric Company Inc. and Maui Electric Company Limited and operated on the county's behalf are a threat to the survival and recovery of three critically imperiled seabirds protected under the Federal Endangered Species Act. Before we take public testimony, can I please receive opening comments from Deputy Corporation Counsel, Bill Berry, and Engineering Division Chief, Dino.

Thank you, Chair. I will keep it brief since we have been here before to discuss this case with you. I'm sure everybody's familiar with it. So what I'll do is just give you a quick status. We are, through discovery, In the case, it has been completed. Expert deadlines have been completed. We've been through some motions practice in the litigation. Both parties sought to have the case decided summarily in their favor, and the judge denied both parties' motions and has had set the case for trial. We were scheduled to go to trial on June 1st. plaintiff's counsel asked for a continuance of the trial, which no one objected to. And so now the status is there is no trial date. We will be at some point here in the not too distant future, having a trial setting conference with the judge and the parties, and we're anticipating the trial will get scheduled for maybe February or March or as late as April of next year. So in the interim, all pre-trial deadlines have passed, and we're just kind of on hold. But that has not stopped the parties from having settlement discussions, which is why I am here today. And I will be talking to you, requesting an executive session to tell you what our settlement strategy is and our trial strategy in the interim. I think the more likely event we have to go to trial on this case. Other than that, I'm happy to answer any questions in open session.

Thank you very much.

Does the Department of Public Works have any comments at this time?

Thank you. Before moving on to discussion, I'll read or I'll receive testimony for this item, grade 1131. And we'll start off by reading the testifier guidelines. Testifiers wanting to provide testimony should sign up in the lobby, join the online meeting via the Teams link, or call into the phone number noted on today's agenda. Written testimonies encourage and can be submitted via the e-comment link at mawikami.us slash agendas as well. Under the Sunshine Law, the chair will receive oral testimony for agenda items as the item is called up. For individuals wishing to testify via Teams, please raise your hand by clicking on the Raise Your Hand button. If calling in, please follow the prompts via phone, star five to raise and lower your hand, star six to mute and unmute. Staff will add names to the testifier list in the order testifiers sign up or raise their hands. For those on Teams, staff will lower your hand once your name is added. Staff will then call the name you're logged in under or the last four digits of your phone number when it is your time to testify. At that time, staff will also enable your microphones and video. Please ensure your name appears in Microsoft Teams as the name you prefer to be referred to or as anonymous if you wish to testify anonymously. If you're in person, please notify staff that you would like to testify anonymously. Otherwise, please state your name for the record at the beginning of your testimony. Oral testimony is limited to three minutes per item. If you're still testifying beyond that time, I will kindly ask you to complete your testimony. Once you're done testifying, or if you do not wish to testify, you can also view the meeting on Akapu Channel 53, Facebook Live, or bobbyconnelly.us slash agendas. We will do our best to take each person up in an orderly fashion. While now I'll call on testifiers wishing to testify on this item. Staff, please call the first testifier. Staff, do we have anybody signed up to testify?

Oh, sure. Yeah, we do have one individual signed up to testify with the last four digits, 4945. Okay. And for them to unmute, they would just have to press star six. Okay.

Please go ahead. You have three minutes.

Oh, I get a whole three minutes? Oh, wow, man. Okay, hold on. Probably won't need the whole three minutes, but since you guys have taken my, the lawyers have taken my regular testimony at a lot of the other meetings, maybe I'll just take my time with this testimony. This is Jesse Law, calling from an undisclosed location in Kahului. And there's one adult here with me in the room. and no police officers and no lawyers in the room. I appreciate Mr. David Rotz, director of OCS, letting me know that there's a meeting today because I have no other availability to let, I'm an interested citizen in the legislative process, government of Maui, and very disappointed in your other government officials that are supposed to get the public involved in stuff like this. And for an example, I would say, why is there no testimony? Why do I got to grumble? I wish I could say something good. I was glad to hear that this, I think Pasquale is a guy, I didn't say the first, I don't know if it's a first name or last name. And I know he talked about when he said Bill Barry, I know who you're talking about when I say Tom Colby. I thought they were like friends, but I guess there's not really such a thing in government. So hi, lawyer guys. And that's, I think there's some good women lawyers in there, but I'm not sure if I've met any of them. The only ones I've met are the ones that seem like out to sink my boat, Abby Hokey and Susan Leder. And I'm wondering how many corporate counsel people, how many people work in that department and how, who does the hiring? So I'm not gonna stick around for all the meeting because I know you guys go into the executive session and yeah, I'm watching the time. I'm going on 210. Let me know when the buzz, I'll let you know if I hear the bell or whatever you guys got going on here. Deputy Chief Maeda, hopefully getting my letters. I'm trying to write as fast as I can, but they're dropping charges and papers on me as fast as they can. So it's kind of unfair to have a bunch of lawyers getting paid to kind of think a person trying to find a job and not get paid. So, and I heard Bill Berry say, but judge, I'm wondering who the person getting paid to be the judge is. In conclusion, I'm on the seabird side. Quit killing the seabirds. Aloha.

Thank you. Members, any clarifying questions for the testifier? Seeing none, staff, can you please call the next testifier?

Thank you, Chair. That's currently all the testifiers we have signed up for this item. If anyone would like to testify, please come up to the... Please sign up in the lobby or raise your hand on Teams. If you would like to testify, the countdown is 3, 2, 1. Seeing none, Chair, no one has indicated that they wish to testify.

My mercy is there are no more individuals wishing to testify without objection. I will now close oral testimony for this item. No objections. Thank you. As a reminder, written testimony will continue to be accepted. For discussion, chair will implement a three-minute questioning period per member with a one-minute follow-up round if needed. And then after that, you can go into executive session. Does anybody have any questions for open session? Member Paulton.

Just what was the reason that we need to go into the executive section is to consult with the lawyer?

Correct. Did you want to, I believe you had given some remarks in your opening. Yes.

Notwithstanding the case kind of being on hold until we get to the trial date, we have been engaged in settlement discussions with the plaintiffs and with HECO, who is a co-defendant in this case, HECO and MECO, Hawaii Electric Company and Ketanali Electric Company, LTV, And so we have had some discussions about an interim agreement pending trial date to avoid some additional complications in this case. Yeah, which I will discuss in executive session again. And then we're also looking at potentially, but I think less likely, continuing discussions and hopefully comprehensive settlement of the entire case. which I believe is possible, but it's going to require some strategy, and that's what I'll be discussing with you in executive session. Does anybody else have questions for open session? This case was filed in 2024. That is correct. And the thumbnail sketch, it seems like it's been a long time. Has there been trial in between, or has it just been negotiation between the attorneys and things? Well, we've had a lot of discovery, which, as you know, is gathering and exchanging of information. A lot of time has been spent on experts. And there was a motion to, what they call the Daubert motion, that we filed, Maui County filed, to have the judge examine the plaintiff's experts regarding their methodologies concerning whether he was going to allow them to testify at trial. based on their liability. And the judge has determined that he will allow the plaintiff's experts to testify in a trial. That took a little bit of time. And then again, as I indicated earlier, there were dispositive motions. Both sides filed motions for summary judgment and tried to get the case, well, we were trying to get the case dismissed. The plaintiffs were trying to get a judgment in their favor. And the judge determined there were too many disputed issues of fact and that the case needs to go to trial. So that took up pretty much most of 2026, 2025. That would be taxing my memory a little bit, but most of that would have been doing the discovery and getting the experts together. We have our own experts as well. And two years, it is a long time, but it's pretty typical. Another question. Who pays for these experts during the time? Is there money being spent by all parties during this timeframe? Yeah, each party pays their own experts. Thank you.

Yes. Thank you, Member Cook. Any other questions for open session at this time? Seeing none. Just making sure. Seeing none. Okay. Chair wants to take a motion to convene an executive meeting in accordance with section 92-5A4, Hawaii rights statutes to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the county, the council, and the committee. And section 92-5A8, Hawaii rights statutes to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law or a court order. So we have a motion made by member Uhu Hajin, seconded by member Cook to enter into executive session for Resolution 26-128. Any discussion on the matter? And then just for the record, we need an affirmative vote of two thirds of the voting members present in order for this to pass. Any additional questions or discussion on the matter? Seeing none, I'll call for the question. All in favor, please raise your hands and say, aye. Aye.

Chair, I see eight ayes, zero noes, one excused. Members can then see motion passes.

Thank you. Okay. For the record, the following personnel will be attending the executive session meeting. All council members in attendance, that's myself, Committee Chair, Council Member Tunga, Committee Vice Chair, Nohanlani Uwupajin, Council Member Tom Cook, Council Member Gabe Johnson, Council Chair Alice Lee, Council Member Tamara Paulton, Council Member Kani Rollins-Fernandez, and Council Member Yuki Leisugimura. From Office of Council Services Staff, we have Peter Pandano, Legislative Attorney, Maria Leon, Committee Secretary, And Josh Eddington, whose title is Legislative Analyst. Thank you. May I please ask Corporation Council to state who from the Department of Corporation Council will be in executive session with us and their titles, please.

Tom Colby will be advising the grade committee in open session. Brian Bilberry will be in attendance as well as Abby Hoke, Deputy Corporation, Abby Hoke. And we would ask for Mr. Guinoza to be in the room as well. Okay, thank you.

Anybody else I'm missing, staff? Okay. So at this time, Chair would like to call for a eight-minute recess. till two o'clock, we will convene in an executive meeting. Thank you. Members, it is 3.17 p.m. for the great committee meeting. Please come back to order in open session. Members, we just had, we're just in executive session to discuss resolution 26.128. Mr. Hanano, can you please confirm under Section 92-4 that we did not discuss anything that we were not supposed to in Executive Session and then provide a summary of what we did discuss?

Yes. Thank you, Chair. The Government Relations, Ethics, and Transparency Committee met in Executive Session on Resolution 26-128 discussed with its attorney that over time my efforts on peace strategies, strengths and weaknesses of the peace including possible defenses, as well as issues related to the country's powers, duties, privileges, immunities, and livelihoods.

Thank you, Chair. Thank you, Mr. Handano. So at this time, I'd like to entertain a motion to recommend adoption of Resolution 26-128, including any non-substantive revisions. We will be authorizing settlement under the terms discussed in Executive Session.

So moved.

Second.

Okay, I'll recognize Chair Lee and then the second from the Vice Chair. from our committee vice chair. Any discussion on the matter? Okay, seeing none, staff, can I ask you a public question? All in favor, please raise your hand and say aye.

Aye. Sure, I'm seeing seven ayes, zero noes, two excused, one third is Rollins-Fernandez and Senate State motion passes.

Thank you. All right, members, we now have before us resolution 2681. Thank you, Mr. Billberry. Thank you, folks. We have before us resolution 2681, which would approve settlement of... Charlotte Martin versus County of Maui et al. Civil 2 CCB-24-0000903, filed on September 26th, 2024, alleging negligence arising from an incident between Martin and a vehicle driven by MPD officer Mitchell Navarro on February 5th, 2023 at Kipaniwai Park. At this time, can I please have opening comments from Deputy Corporation Counsel Pasquale and We have from the police department, not Deputy Chief Maeda, but Assistant Chief Brian Manlapal. Mr. Pasquale.

Thank you. Good afternoon, Chair Patonga, Vice Chair Huggins, and members of the great committee. This, the Martin versus Condon modeling matter involves a lawsuit filed by Charlotte Martin for injuries that she suffered in a motor vehicle versus pedestrian incident that occurred within the parking lot of Dupont White Park on February 5, 2023. As a result of the incident, plaintiff suffered crushed injuries to her left foot and ankle, and she also claims that she suffered a torn meniscus in her left knee, which resulted in surgery. In addition to her physical injuries, plaintiff is claiming special damages for past and future medical expenses, as well as assistance with daily activities. Plaintiff is also claiming general damages for past and future clean suffering and emotional distress. Trial was originally set in this case for June 8th, 2026. Plaintiff filed a motion for summary judgment on the issue of negligence. The court denied that motion. Before we went to trial, before the scheduled trial date, We had a settlement conference with Judge Drew on April 23rd, 2026. At that time, the judge ordered the parties to enter into mediation. As a result, a mediation with Keith Hunter of Dispute Prevention Resolution is scheduled for August 10th, 2026 at 9 a.m., which is less than a week from today. Also because of the Judge ordering us into mediation that the trial was continued and is now set for June 8, I'm sorry, for June 21, 2027. I'll be happy to answer. Well, because this case involves ongoing litigation, I'm requesting the opportunity to convene an executive meeting to discuss the questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the county, as well as settlement-related matters. I'll be happy to answer any questions that you may have in open session.

Thank you. Does the MPD have any opening remarks that they want to operate this time? No, sir. Okay, thank you. Okay, so before we get into discussion, let's take testimony for this item, grade 1128. Staff, is there anybody signed up to testify at this time?

Chair, it does look like we have one individual who would like to testify, calling in from the last four digits, 4945.

Okay. Sir, you have three minutes. Seth, has he been promoted on our end? Yes.

Yeah.

Okay, we can hear you. Please proceed.

I think council's there. So I'd like to comment on the procedure of this remote testimony. I know I said I wasn't gonna come on there, but I changed my mind because I'm interested in anything that Valley Police Department does. So when you guys go into executive session, somebody that's getting on the, if we don't have a visual, I don't know what they're showing on the computer screen, because I have a touchstone phone, a cell phone that I'm speaking on. And there's just silence, there's no, I mean, it tells you that you're joining the meeting, but you're not paying attention, just sitting there monitoring. there's no music or anything like that to let you know what's going on. So I would recommend like periodic statements from the computerized voice saying that you're still in executive session, maybe every 15 minutes or so. But if you're patient, you can get through. And so it's kind of tricky. I don't know any of the, so speaking of Maui Police Department, It's kind of tricky when testifying against, again, sorry. Sorry, Officer Chief Bryan, Assistant Chief Bryan, not against. But it's hard to, I have no information at all other than what you just said. I appreciate the short narrative about the girl that got hurt at Cape Honevite Park. I was not a witness there or anything, but I'm sure you got like a, I think they probably have the cameras on the cruiser. I don't know if that's included in the press packet there. I would hope that anybody who wasn't banned from the building by the Corp Council and the County Clerk's Office would have access to the information there in the OCS office. And I would like to speak up for anybody that does not have access to computers and would be arrested if they tried to enter the building to look at the information. So I'm going to have to go ahead and lean on the side of the plaintiff, Charlie Martin, because I don't trust the government people too much anymore. Aloha.

Testifier. Seeing none, staff, is there anybody else wishing to testify at this time?

Thank you, Chair. That's the last individual signed up to testify. Would you like him to do the last one?

Yes, please.

If anyone in the audience or on Teams would like to testify, please come up to the mic and begin your testimony or use the raise your hand function on Teams and staff will unmute you. Here's a brief countdown. Three, two, one. Seeing none, Chair, no one has indicated that they wish to testify.

Members, seeing there is no more individuals wishing to testify, without objection, I will now close oral testimony for this item. Without objections. Thank you, members. As a reminder, written testimony will continue to be accepted. Does anybody have any questions for MPD or Cooperation Council in open session? Member Paul?

Thank you. In the past, I thought that we received police reports on these types of incidents. Was there a police report made? There was a police report.

Is it like confidential? Not that I'm aware of. I wasn't aware of the past practice of attention phishing. Oh, okay.

Sometimes it tells us, you know, like, was the individual on a sidewalk or if they got... you know, right foot, left foot, those types of details. Could you provide us, like, police report types of details in the open section?

Sure, sure. So basically, the officer, Mitchell Navarro, was on duty. He was on patrol. He was driving a police cruiser. Well, actually, let me take that back. He was driving a police SUV. I'm not sure if that's different from a cruiser.

Was it Mark? Mark, thank you.

It was Mark, yes. And he was on patrol in the Eyal Park area. And he had entered Kapaniwai Park from the top and was rolling down at a fair lead. He was literally just rolling down at slow rate of speed. He saw a group of people to the left near the curb by where the grassy area is. And then on the right was a car that was parked along the side of the road. And this road curves a little. And so as he's making his way into the park, he's looking at the right side of his vehicle to make sure it doesn't hit the car that's parked on the right side. Then all of a sudden, he feels a jolt or an impact. He stops the car, gets out, looks, and went inside and realized that it was Sean Martin. Is it a compound factory? He immediately went out to provide Ms. Martin with comfort, to comfort her until the ambulance arrived. He might have instructed someone to call 911. Now, Ms. Martin was within a group of people that was on the side. She was there with her teen daughter and their dog. And another man had approached with a similar type dog. And so Ms. Martin had asked if she could have the two dogs to take a picture of both dogs together. In the process of taking the picture is when she took a step backward and that's when they took the collision.

So was it the toe side or the heel side?

It was the heel side. Side of the foot.

Okay, thank you.

Thank you, members. Any other questions for open session? Seeing none, I will entertain a motion to go into executive session. Moved by Member Cook, seconded by Member Sugimura. Any discussion on the motion before us?

No.

That being the case, I'll call for the question. All in favor, please raise your hand and say aye.

Aye. Chair, that's seven ayes, zero noes to excuse. Members Rollins-Pinantas and Seneci, motion passes.

Thank you. So, members, let me get to my executive session agent now. So, Paul. I'm supposed to read what sections of the HRS we're going to go into executive session for. So this is, we're going into executive session in accordance with HRS section 92-5A4, where we provide statutes to consult with legal counsel on questions and issues pertaining to power, duties, and privileges and immunities and liabilities of the county, council, and committee, and section 92-5AA, holding by statutes to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential pursuant to a state or federal law or a court order. Now that that votes. Okay, so I will now call for a recess. It's 3.31, I'll give us five minutes. Oh, no, did I skip the thing? Okay.

One second.

Okay, so for the record, the following personnel will be in the executive session meeting. Myself, Committee Chair, Colin Batonga, Committee Vice Chair, Nohan Lani Wadjian, Council Member Tom Cook, Council Member Gabe Johnson, Council Chair Alice Lee, Council Member Tamara Paulton, Again, Council Member Yuki Leisugi-Mora. From Office of Council Services, we have Peter Panano, Legislative Attorney, Maria Leon, Committee Secretary, and is Josh still here with us? Okay, Josh Eddington, Legislative Analyst. Corporation Council, can I please ask you to state who from your department will be with us?

Yeah, for the County's Corporation Council, the Deputy Corporation Council, Tom Colby, Glenn Pasquale,

And then from MPD, we have Assistant Chief Brian Malabar. Anybody else that needs to be in the executive session? Okay. At this time, I will call for a five-minute recess so that we can get situated. We will reconvene in executive session at 3.37 p.m. Well, thank you, members. We are now back in open session. We just deliberated Resolution 2681. Mr. Hanano, can you please give the report pursuant to HRS 92-4? Yes, Chair.

The Government Relations, Ethics, and Transparency Committee met in executive session on Resolution 2681 to discuss with its attorney case assessment, including strengths and weaknesses of the case, damages alleged settlement efforts to date, and advice relating to the functions, powers, duties, privileges, communities, liabilities, and responsibilities. Thank you very much.

Thank you very much. I'd like to now entertain our host. Testing, testing. Okay, we got a result. Thank you to whoever turned off their mic. So now I'd like to entertain a motion to recommend adoption of resolution 2681, including any non-substantive revisions. Okay, moved by Vice Chair, Uhu Hajin, seconded by Member Cook. Any discussion on the matter? Okay, I do see Member Rollins-Fernandez. Okay, she is not in the room, so she will not count towards this vote. Any discussion? Seeing none, I'll call for the question. All in favor, please raise your hand, say aye. All right. All opposed, nay.

Chair, you have 790 notes to excuse. Members, Rollins, Fernandez, and Sinetzi, motion passes.

Thank you. All right, members, we have one more item before us, and it is time-sensitive, so we do need at least a quorum to stay with us until we can get through this one. It's Resolution 26.1.22, which would approve settlement of I can't think about this. It's Resolution 26-122, filed on August 21st. The case was filed on August 21st, 2024, alleging negligence arising from a September 19, 2022 incident on Wailea-Halanui Drive involving a county vehicle and a plaintiff on a bicycle. Deputy Corporation Counsel, would you like to give opening remarks?

Yes, thank you. Good afternoon, Chair Batonga and Vice Chair Mujadjian and members of the great community. This matter involves an incident that occurred on Wailea-Alanui Drive and Wailea Beach Access Road. A Department of Parks and Recreation vehicle driven by Parks Recreation Technician Lane Bellin, who's also a defendant in this case, was coming out of Wailea Beach Access Road intending to make a right turn onto Wailea-Alanui Drive. She was... there was a Mark Hinman in her vehicle who had just started work with the partners in recreation, and she was showing him the different facilities that the parks cover in South Maui. At about the same time, Bao Tran, also known as Nina Tran, was riding a bicycle that she obtained from her hotel, the Fairmont Kealani. She was operating the bicycle on the sidewalk against traffic. She's driving on the left side of the road. As Belen was about to make her right turn, she was looking to the left, saw that the way was clear and was accelerating forward. And all of a sudden there was a collision with the bicycle. As a result of the collision, Ms. Tran alleges that she suffered injuries to her left ankle and left leg. which resulted in scarring and discomfort. This matter is currently set for trial on September 14th, 2026. The plaintiff and the county will be participating in a settlement conference with Judge Drewyer on August 6th, 2026. Because this case involves ongoing litigation, I'm requesting the opportunity to convene an executive meeting to discuss questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the county, as well as settlement-related matters.

Thank you. Any opening remarks from Parks Director? Thank you, Bob.

Basically, I'm here to explain that our employee, Ms. Dulles, was performing her duties at the time, showing a new employee very sparks when this unfortunate incident occurs. Thank you very much.

Members, any questions for the administration? Oh, wait, I gotta take testimony. I'll receive opening testimony on this item. It's grade 1132.

Thank you, Chair. There is one individual signing up to testify. Signing in with the last four digits, 4945. And he's currently unmuted on powering.

Mr. Law, you have three minutes. Please keep your testimony germane to the item before us.

Aloha. Aloha. Thank you. Thank you. Thank you. Thank you.

Thank you. Thank you. Thank you. Thank you. Thank you.

was real tough on county employees and accidents like this one. I mean, he was real tough. He was almost as tough as the person that got paid to be the judge to put me away over there in the restraining order case with the county clerk's office. So having said that, I really liked the parks department And I don't want any, I'm not sure if the policies are still in place where there's like no mercy given and one striking you're out. But seeing as how Mr. McCall is doing such a good job and he's having hard times recruiting people for the department for reasons I'll leave blank right now. And I really, really do like bicycles. So a couple of questions, you'll probably ask the questions if you go into executive session is, I heard the lawyer say she was on the sidewalk, but then the lawyer turned around and said, driving on the left side of the road. So were they on the sidewalk or were they on the road? And then it leads to the question of, is driving, riding a bicycle on the sidewalk prohibited in that area? Like I said, I really like bicycles and I want, I always, I'm always walking down the road, I just got a bicycle and sometimes I won't admit it with the lawyer here, I was gonna say I break the law. You just gotta watch that, I'm pretty sure most of the drivers on Maui don't, they're not used to bicycles So I'm going to have to lean on the side of the person riding a bicycle. And then at the same time, I'm going to say, just tell the person driving the county vehicle to just be more careful from now on and just go ahead and pay the lady and get it over with. Thank you.

Thank you. Members, any questions for the testifier? Seeing none, staff, is there anybody else wishing to testify on this item?

Chair, that's all the individuals that wish to testify. Would you like to make the last call?

Yes, please.

This is the last call for oral testimony. If anyone in the audience or on teams would like to testify, please come up to the mic and begin your testimony or use the raise your hand function on teams and staff for what you do. Here's your countdown. Three, two, one. Seeing none, Chair, no one has indicated that they wish to testify.

Members, any objection to closing oral testimony on this item? No objections. As a reminder, written testimony will continue to be accepted. Staff, there's a fair chance. So I'd like to entertain a motion to go into the executive session. Members, there's a fair chance that we have to work past our normal 4.30 working hours. So if you have a hard stop, my recommendation would be to not go into the executive session with us because going in and out will require us to recess on the matter. Is there anybody who will not be joining us in the executive session? Member Sugimura. Okay.

i just needed to know for when we uh do the roll call um oh remember ron's friend yeah um so she's not in person so it it's hard because when you're um not in executive session you don't get to hear what is being said so i don't like regret not being found you know being in and then asking to take a quick reason because otherwise the members won't have the opportunity to hear at least like what we'll be voting on when it gets to full council.

I'm okay with her staying and just clicking off when you gotta click off.

If she wants to. Okay, so if you don't have to, if we don't have to recess for you to be able to jump off, then you can stay until you have to leave. Members, okay with that? Yeah. All right. I will now entertain a motion to convene an executive meeting in accordance with Section 92-5A4, holy rights statutes, to consult with the legal counsel on questions and issues pertaining to the powers, duties, and privileges, communities, and liabilities of the county, the counsel, and the committee, and Section 92-5A8, holy rights statutes, to deliberate or make a decision upon a matter that requires the consideration of information that must be kept confidential, person, state, or federal law, or a court order.

So moved.

Motion by Vice Chair Pagans. Seconded by Member Fulton.

Any discussion? Yes. I'm not sure if it's an open session question, but you said that Ms. Is it Ms. Lane? Bellin? Last name is Bellin. Oh, Ms. Bellin. Or Mr. Bellin was also being logged as well. Is that in her personal capacity or she's not have to get a personal lawyer because it was in her common capacity?

In open session, I can say that I believe she's being sued in her individual capacity. Well, the distinction wasn't made. Oh, the distinction wasn't made. But I can discuss that in closed session. That was my only open session that I thought it was.

I'm ready for that.

Any other deliberation before we call for the question? Seeing none, all in favor of going into executive session, please raise your hand.

Chair, I'm seeing seven ayes, zero noes, two excused, a number of synonyms, and a signal of non-violence.

Thank you. For the record, the following personnel will be attending the executive session. Myself, Committee Chair, Colin Matunga, Committee Vice Chair, Nohelani Pajans, Council Member Tom Cook, Council Member Gabe Johnson, Council Chair Alice Lee, Council Member Tamara Fulton, Council Member Keani Rollins-Fernandez. From Office of Council Services, we have Peter Hanano, Legislative Attorney, Maria Leon, Committee Secretary, and Josh Eddington, Legislative Analyst. And then, Mr. Colby, can you state who from the administration will be attending?

from the Department of Corporation Council, Thomas Colby, Glenn Pasquale, and Abby Volk, all the deputies.

And then we have Director Papakoff from Recreation. We'd ask the Director to be here too. Okay. At this time, the Chair would like to call for a two-minute recess until 4.28 p.m. We will convene in an executive meeting. This meeting of the Government Relations, Ethics and Transparency Committee is now in recess. Well, this great committee meeting, please come back to order. The time is now 4.52 p.m. Members, we just adjourned an Executive Meeting to discuss Resolution 26.1.22. Mr. Hanano, can you please give the report person to HRS 92-4. Mr.

Your Government Relations, Ethics, and Transparency Committee met in Executive Session on Resolution 26-122, discussed with its attorney settlement efforts to date, damages alleged in the case, strengths and weaknesses of the claims alleged, and advice related to the county's power, duties, privileges, immunities, and livelihoods.

Thank you, Chair. Thank you, Mr. Hanano. Members, at this time, I would now like to entertain a motion to recommend adoption of Resolution 26-122, including any non-substantive revisions. So moved. Second. Okay, so I got a motion by Vice Chair Uhu Hodgins and a second by Council Member Cook. Any discussion on the motion? Seeing none, I'll call for the question. All in favor, please raise your hand and say aye.

Aye. Chair, that's seven ayes, zero noes, two excused. Members Sukumar and Sinetse, motion passes.

Thank you, members. All right. That concludes the Government Relations Ethics and Transparency Committee meeting. Thank you very much. I appreciate your patience. I know we ran a little long today, but... and I appreciate your thought and your time.

The time is now 4.53 p.m. This committee meeting is adjourned.