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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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AOM%k 0014A <br />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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