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2016-03-08 Regular Session Minutes
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2016-03-08 Regular Session Minutes
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can and then it can deliberate...right. Aside from that I see <br /> what you're saying Mr. Hyland I mean so it's up to the <br /> Board how it wishes to proceed. If you're going to <br /> deliberate the matter, you should call the matter back you <br /> to the agenda because it defeats the purpose of having a <br /> public statement if you've already decided that would run <br /> afoul of the Sunshine Law and due process. <br /> Mr. Robinson: So you're saying that if we even allow him to have under <br /> statements from the public any public input even though <br /> the matters already been decided that we're run afoul of the <br /> Sunshine Laws. <br /> Mr. Yoshimoto: Yes. In sort of a...basically we need to take public input at <br /> the beginning before we start deliberation and we had <br /> already closed public testimony so we're okay on that end. <br /> The problem becomes when we're trying to go backwards, <br /> so if we're gonna go backwards we should do it correctly <br /> and I think we should do a motion for reconsideration. <br /> Bring the matter back up forward, hear from Mr. Hyland, <br /> let him have his say, follow his due process rights. That <br /> would be the cleanest...I think if we just hear public <br /> statements after the fact,that does lead to complications <br /> and problems. <br /> Mr. Robinson: But if we reopen the matter and allow Mr. Hyland to have <br /> discuss again...I mean what's the point even having rules <br /> and regulations to follow on our agenda. <br /> Mr. Yoshimoto: Right so that's up to the Board discretion because what <br /> happened is the Board deliberated, had its discussion and <br /> then issued its findings and conclusions of law. So that's <br /> up to the Board. <br /> Mr. Adams: Within the...if I could...so within the rules though as I <br /> understand them. There is always the opportunity for the <br /> Board to reconsider it's decisions. That's the motion to <br /> reconsider, right. What happens in that case? So let's say <br /> there's a motion to reconsider, what happens? <br /> Mr. Yoshimoto: If there's a motion for reconsideration to bring up agenda <br /> item 2016-03 and that passes. Then the Board goes back to <br /> where it left off prior to making its decision and then at that <br /> point.... <br /> 23 <br />
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