2022-02-16 EMC minutes draft - Laserfiche WebLink

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commissioners, as well as the different witnesses that we need to have available for that hearing. Secretary Peter Sur said five members need to vote one way either way to have a motion to pass that can lead to a decision, order, conclusions of law, finding a fact. And so the first time we met, it was a 2-3 vote. Deputy Corporation Counsel Keyra Wong said there needs to be another vote, essentially, because the motion didn't carry. So, we're starting over. There must be a new motion either way to hold the director's decision or reverse and remand it or modify it in some sort. And so it depends on what that is and how many commissioners are present at the next meeting. The Secretary said we have a maximum of eight who can vote. And getting all eight together has been a challenge. And if we have a special meeting, it's going to be the 30-day notice the newspaper all over again. We could have it during a regular meeting as well. Commissioner Burns said it would be good to solve the issue as soon as possible. So he is happy to make the time when we throw out those dates. It would just be good to try and get as many options as possible and lock that down. It’s already tricky within the work hours of the week to fit the regular meeting in. We just got to keep trying, but hopefully we can encourage everyone to try and respond to those polls as fast as possible to just lock something in and plan on it. Chair Adams encouraged the Secretary to try again for the last half of March. We can move it fairly fast, if everybody does the homework and reads through material that we had from the first hearing, then we're just asking some clarifying questions of the testifiers. I don't believe anybody has indicated they've got print testimony to provide, so it would be looking at the record and then making our decision, she said. Commissioner McIntosh suggested it would be sufficient to have seven commissioners in attendance rather than trying for all eight, which could result in a tie vote. So if we cannot get eight, seven would be enough. Commissioner Fulton said it was essential we have eight votes. Deputy Corporation Counsel Keyra Wong said the more commissioners who can show up, obviously it would be the best, but it will all come down to the motion that's presented and then the vote. So it's hard to say. It could go either way, but obviously we're going to work to have everybody there, she said. Commissioner Fulton said if five the participants in the January 7, 2022, special meeting do not change their votes, and we only have seven participants, then the result is “predetermined” what the outcome will be, because there is only one possible result of getting five commissioners, in favor of upholding the Director’s decision. 15