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Shall I state my second point of order? <br /> VITOUSEK: Please do. <br /> VAN PERNIS: The point of order, second point of order, is that I believe this matter <br /> would require an executive session; it involves a personnel matter. And I think that also <br /> the corporation counsel should give some instructions and opinions on the first point of <br /> order. <br /> VITOUSEK: Are you making a motion to open executive session? <br /> VAN PERNIS: I am. <br /> VITOUSEK: Okay, is there a second? (No response) there is no second. <br /> SCHLUETER: So just to inform everyone the effect of no second, if there is no second, <br /> still doesn't come after the chair has requested a second, the motion is said to fall to the <br /> floor and simply does not come before the group, and if this happens, essentially you are <br /> going to continue to move on with business. So this question doesn't make it to a vote, if <br /> there is not a second. Seconding a motion does not mean you agree with it one way or <br /> another; it means that you are allowing it to move forward to discussion. <br /> VITOUSEK: Commissioner DeFranco, you are, you are on mute. <br /> DEFRANCO: Yeah, I'll second the motion so we can discuss this. <br /> VITOUSEK: Okay, is there a discussion on—this is to open an executive session. <br /> DEFRANCO: Yeah, I've got <br /> VITOUSEK: appropriate to me. Commissioner DeFranco, go ahead. <br /> DEFRANCO: Does it, does it seem appropriate to you, Mike, to do that? I mean—okay. <br /> VITOUSEK: —this is requesting a legal opinion from our corporation counsel. Yeah, it <br /> seems like it's appropriate. <br /> DEFRANCO: Okay. <br /> SCHLUETER: So as Mr. Van Pernis has indicated that he believes executive session is <br /> appropriate, as this, in his opinion, this is a personnel matter. Is that correct, <br /> Mr. Van Pernis? <br /> 2 <br /> EXHIBIT E <br />