MIN CHC 1999-09-29 - Laserfiche WebLink

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• actually have some proposed language that our attorney, Mr. Yuen, furnished us with. You folks should all have that. Okay, Janet. FUJIOKA: Thank you. May I refer you to the letter that was sent on July 16, 1999. In this letter, and it was based on a consensus decision of all of the Board Members on the Board of Appeals. As all of you know, we've had great difficulty in conducting our meetings because we have had a vacancy since January of this year. We have been after the Administration to have that vacancy filled but it hasn't happened, so the Members on the Board all feel that instead of allowing Members who are now serving to have an extended term of 30, 60 or 90 days, that for sake of continuity, that if a person is appointed to fill an unexpired term, say of one or two years, that .either that person is given an additional five-year term or, in my case, I would like to see that person receive a five-year term from day one. That way we do not fall into this cycle of having vacancies, or in the case of Mr. William Green and Mr. Patrick Edie, each one filled only a one-year term, and after their terms expire, they're out, and it really takes more than a year to learn all of the codes, and to learn what we are about, and so I would ask you to seriously consider our request. May I ask a question, though, of your counsel? In the current Charter, ARTICLE XIII, Section 13-4(c), it reads "No member shall be eligible for a second appointment to the same board or commission prior to the expiration of two years, provided that members of any board or commission initially appointed for a term of one year and two years shall be eligible to succeed themselves for an additional term." So, Mr. Yuen, in the case of Mr. Green and Mr. Edie, each one would have been eligible to succeed himself? YUEN: Yes. FUJIOKA: But, what is the process for doing that? YUEN: They must be reappointed by the Mayor. FUJIOKA: So again, we fall into this cycle of maybe not having action taken immediately, and so rather than have the person succeed himself, I would like to think that it makes better sense to have the term be a full five-year term from the beginning, instead of having an unexpired term be filled. RAY: Questions? Ms. Irvine. IRVINE: Well, I guess I was just wondering, I mean, we've come up with a draft format and it's like "let the member continue to serve for 90 days or until a successor is appointed and confirmed, whichever comes first." That wouldn't really 1111 solve your problem?