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L'ORANGE: We have to propose an amendment? <br /> YUEN: Yes , we. . .we wouldn' t have the power simply <br /> to state that the present Charter is wrong, and we have <br /> to follow state law. As a practical matter, if indeed. . . <br /> if indeed the state law supersedes it , it doesn' t really <br /> matter what the Charter says. The Charter can say 13 and <br /> you still have to have five. But if you wanted to make <br /> ' em consistent and eliminate any problem, then an <br /> amendment should be proposed that we change the text . . . <br /> L'ORANGE: (Inaudible) with the procedure. Okay. <br /> Thank you. <br /> LUKE: Mr. Chairman. Members of the commission. I <br /> do have a proposed amendment which is Attachment D. And <br /> this proposed amendment specifies that there shall be <br /> five members of the commission. And if you adopt it <br /> (inaudible) to the Charter. . . Section 7 of the Charter. . . <br /> or Article 7 of the Charter, what I propose in. . .will be <br /> in the Charter. <br /> BETHEA: You know, what occurs to me in that connec- <br /> tion is that if state law prevails with respect to this <br /> and state law does fix the members of the Civil Service <br /> Commission, perhaps if the Charter is going to deal with <br /> it , we should consider having the Charter , say, we' ll <br /> have whatever is prescribed by state law. And then refer <br /> to Section 13-4 which sets out methodologies for. . .of <br /> appointment and how the terms are staggered, depending on <br /> whether you have five, seven or nine members. <br /> So I would ask counsel just to consider that perhaps <br /> with respect to this commission, since it is controlled <br /> by state law, and state law for all we know could be <br /> amended next year to say that it should be nine members , <br /> that we might wanna consider that we will . . . it ' ll consist <br /> of that number of members required by state law from time <br /> to time, and appointed by the mayor and confirmed by the <br /> Council in the manner prescribed by Section 13 .4. It <br /> might last longer that way. <br /> GREENWELL: Well (inaudible) clean it up (inaudible)? <br /> BETHEA: Well , actually, we should. . .we would be <br /> cleaning it up if we said that in accordance with state <br /> law, you know. But (inaudible) . <br /> GREENWELL: (Inaudible) ' cause I didn' t agree with <br /> you. I think, as we come up with a new Charter, it <br /> should be that the Charter is not going to be (inaudible) . <br /> BETHEA: Yeah. What I 'm suggesting is that we think <br /> about , is to have it tied into the state. . . <br /> 354 <br />