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Robert Bethea, Esq. Page 2 • December 13, 1989 rendered the corporation counsel ' s However, popinion subsequently indicates that the planning commission is not an "advisory board or commission" within the meaning of §513-4 ( i) and 4-4 of the charter, since the planning commission does have some final authority in several areas in sometimes acting in an addition to advisory capacity . Therefore, the corporation counsel' s opinion is that all of the planning commission' s votes shall be by a majority of five, since it is entitled to nine members. We ask that the charter commission clarify the present language to state explicitly what our votes must be in the different situations . Furthermore, we wish to clarify the wording "majority of the entire membership, " the corporation counsel has stated this means the total membership to which the commission is entitled, i .e. , nine people . At some points in time, we have fewer than nine members actually appointed and would like to know if these vacancies should also be counted toward total membership. I 'm sure your clarification of that point would be greatly appreciated not only by this commission, but others as well. I have enclosed the three opinions of the corporation counsel which have raised these issues for your review. Finally, the commission wishes to express that it feels that its current duties and responsibilities are proper and would like to see that those duties and responsibilities remain with the commission. I hope that this input is timely and that the Charter Commission will be able to consider our requests . I or other members of the commission would be more than happy to appear before the commission should you feel it necessary. Sincerely yours , GAR 'MMIZUNO, _ iairman GT:hc Planning Commission Enclosures cc: Mayor Corporation Counsel Planning Director 743