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2011-07-27 Merit Appeals Board Minutes
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2011-07-27 Merit Appeals Board Minutes
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Another proposed change is Rule 100-3, disqualification of a Board <br /> member for any contested case hearing where they either recuse themselves or <br /> there's a motion by one of the parties that a Board member has personal bias or <br /> position. The current rule says that if there's an affidavit filed by one of the <br /> parties saying a specific Board member has a personal interest or bias in one of <br /> the contested case hearings, that person should be recused and not participate. <br /> Rule 100-1(c) says that the Board member may file a disqualifying <br /> certificate, which Ms. Noda changed to say "statement." Questions had come up <br /> in other boards or commissions as to what is a certificate. She believes changing <br /> certificate to "statement" should suffice. <br /> There's also other clerical editing for formatting, such as the proper <br /> numbers, letters, or capitalization that doesn't affect anything of substance. <br /> Also under Rule 100-5, filing of documents, the rule says it should be <br /> written in ink or typed, plainly legible, on strong, durable paper, no larger than <br /> 8-1/2 X 14, which is the legal sized paper. Ms. Noda changed it to 8-1/2 X 11 <br /> because most people don't use 8-1/2 X 14; and to file that, the paper would have <br /> to be folded up for every single page. <br /> Mr. Silva suggested that under Rule 100-6, meetings, after the word shall, <br /> perhaps add the word "traditionally" or "normally," if that would help what <br /> they're trying to establish. <br /> Mr. De Lima suggested changing the rule to read that the meetings shall <br /> be once a month on a day designated by the Chair if there is business, or <br /> something to that effect. Don't even specify the date, or the specific day of the <br /> week, because right now the rules say they have to have a meeting and they're <br /> not, so why don't they just say it's subject to the call of the Chair if they have <br /> business. <br /> Ms. Noda stated that they could add that in as a modifying clause at the <br /> end. If there is a specific date generally set, that makes it easier on the Board's <br /> staff. Otherwise it's at the pleasure of the Board, which may raise questions and <br /> potential complaints if the public doesn't know the date of the meeting because <br /> there is no specific day and time set. <br /> Chair Yoshiyama recalled that at the last meeting, the Board decided they <br /> would meet at 9:30 a.m., the third Wednesday of every month. That was set by <br /> 5 <br />
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