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Merit Appeals Board February 23, 2024 <br />MR. KUNZ: The new member could recuse herself, J, if she wanted to? <br />MR. YOSHIMOTO: The new member, pending confirmation by the Councilso, yeah, she <br />could be available by April—not sure if she's yeah. Kind of depends what the Council does. <br />MS. MATHEWS: And why would she recuse herself? <br />MR. KUNZ: Coming on board and not being prepared. <br />MR. YOSHIMOTO: Oh, I understand. So—yeah—so the question or the answer would be that <br />as long as the new Board member reviews the files, information, and is comfortable <br />proceeding then they can get up to speed, but that's to their discretion. <br />CHR. CABANAS: And I'd just like to state that our Assistant Corporation Counsel would <br />provide the orientation for a new Board member the way we received a new orientation as <br />Board members. So, Mr. Yoshimoto would be doing that and then prepping her just to explain <br />to her about the appeal process. <br />MR. KUNZ: Or we keep Kate on a holdover. <br />CHR. CABANAS: We would love to keep Ms. De Soto as a holdover but the rules don't allow <br />for that—unfortunately. <br />So, at this point—okay, any further discussion on this—on the motion that was made? <br />Mr. Kunz, since you made the motion, do you want to withdraw your motion and make a new <br />one or do we keep it as is. And the motion made was to defer this matter to the April—no—to <br />the March 12'h meeting where we would discuss the County's motion to dismiss this appeal. <br />MR. KUNZ: I think we can still keep that motion, correct? <br />CHR. CABANAS: Okay. Okay, that's fine. Everyone comfortable with that? <br />MR. KUNZ: Kate, that would appease that we'll be hearing it—that in March, correct? <br />CHR. CABANAS: Well, no. It's going to be to discuss the County's motion to dismiss his <br />request to dismiss the appeal. And then whatever happens from there, then we would—if it <br />proceeds, we would schedule the appeal hearing for the April 25h meeting. <br />Ryan, just a point of clarification. Was your request to also have the hearing that day—have <br />everything done one day? Motion to dismiss and, if not, then to proceed with the hearing. <br />MR. THOMAS: My request would be to have a hearing on the motion to dismiss in April that <br />way when my—we can submit a written motion to the Board and to the Appellant allowing him <br />time to respond. <br />Page 11 <br />