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<br /> Honorable Aaron Chung, Chair <br /> 6 May 1997 <br /> Page 3 <br /> It is indeed arguable that early speakers in such a <br /> protracted hearing as this was, have the advantage over <br /> later speakers. Many debaters strive to get in the "last <br /> word". <br /> In any event, the calling and grouping of speakers is a <br /> matter of the chair's discretion, and no particular order is <br /> mandated by the rules. <br /> 7. The instances of a lack of Quorum. <br /> As admitted by Mr. Sinkin, the rules only require a quorum <br /> where actions are being taken. Council Rule 3.1. <br /> The taking of public testimony is not an "action" <br /> Legislative "action" may be by ordinance, bylaw or <br /> resolution. McQuillen, Municipal Corporations 3rd Ed. <br /> (rev), §13.43. <br /> As there is no evidence that any "actions" were taken <br /> without quorum, no violation of the Rules occurred. <br /> 8. Consideration of Written Testimony. <br /> Mr. Sinkin alleges that numerous submissions of written <br /> testimony were made during the meeting and that the members <br /> did not read and consider this testimony prior to voting. <br /> No evidence is presented to support such an assertion, nor <br /> is it claimed that this testimony was relevant or <br /> non-repetitive. In the absence of such evidence, there are <br /> no grounds to question the integrity of the members in th <br /> carrying out of their duties. <br /> To summarize, Mr. Sinkin's comments are valid in respect to the <br /> failure of the Bill to include an estimate of operating <br /> expense. His other arguments are either not supported by the <br /> evidence; or are personal disagreements with the authority of <br /> the Chair in the conduct of the meeting. <br /> i see no reasons that the action requested, a recommittal of the <br /> matter to the Finance Committee need occur. <br /> RDW:1648Lbre <br /> <br />