2005-01-21 TLAURANCE - Laserfiche WebLink

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SPRINGER:Thank you. I would turn to Mr. Torigoe then. The request was not to discuss definitions but our responsibilities and our limitations and vulnerabilities under the rule. Do we just proceed at this time now? TORIGOE:Well, its up- its up to the Commission. I feel a little bit reluctant to discuss openly on the record certain things which will pertain to my representation of you should this go to a circuit court appeal. Because, for instance, what I say here and now about the definition of these rules is going to be quoted back at me in whatever position I take at circuit court, unless it is done in executive session. Thats why we normally go into executive session when you want to discuss, you know, the legal position that I would be taking on these rules. SIRACUSA:Arent these definitions written down somewhere already? TORIGOE:Well, as you can see there are attorneys who will try to draw different inferencesanddifferentmeaningsoutofthewordsthatarewrittenhere.Andsowhat-itsounds like what some of you would like to ask me is really from my independent standpoint as a non- party and advising you what I think, you know, the appropriate meanings and applications should be that are drawn out of these words. And whatever I say on that, on the record here, would be used in circuit court, unless it is done in executive session. Also, well, I guess what you would be doing then is saying that this-my communications with you on this matter would not be privileged under the attorney/client privilege. And so there would be- it would be very difficult thereafter to have discussions with me about these definitions without those discussions being discovered and also used in court. SIRACUSA:I see. In that case, would it be appropriate for me to change my vote, or would we have to make a motion to start all over again? TORIGOE:I think, yeah, you should- you could make a motion to reconsider since you were the person who voted against it. SIRACUSA:I would like to make a motion to reconsider. SPRINGER:Thank you, Commissioner Siracusa. Is there a second? MCCALL:Second. SPRINGER:Thank you, Commissioner McCall. Moved by Commissioner Siracusa, seconded by Commissioner McCall, to reconsider. Is there any discussion? Mr. Graham. GRAHAM:Id just like to say- I am supportive of Commissioner Siracusas reluctance to go into executive session. So, the particular things that Ive heard brought up are the use of the word land and the use of hardship; and I would just like to say that, you know, my intention in going along with having executive sessions that we restrict our deliberations to just these two specific and any other specific legal issue that Mr. Torigoe or the Commission 17