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MR. SCHUTTE: One last question. What is this <br /> particular rule:d,ealing on. . .having the force and effect of law. . . . <br /> MR. FUKE: My understanding is that the <br /> commission has rules and regulations for consideration of <br /> variances from the subdivision code, or from the zoning code. <br /> These are their rules and regulations and as I would read it <br /> all it is indicating is that if these are riles and regulations <br /> that are developed and accepted by the commission and ratified <br /> by the council , then they would have the force and effect of <br /> law. But, generally, these rules and regulations relate more <br /> to how items that are considered before the commission are to <br /> be handled. <br /> MR. SCHUTTE: Is this your interpretation of <br /> it or is it the legal interpretation of it. <br /> MR. FUKE: My interpretation. <br /> MR. TRULSON: -Mr. Chairman. Mr. Fuke, one <br /> question, regarding subsection 5-4. 2. I was just looking over <br /> some of your past.o .over the past minutes when you were here. <br /> I 'm not quite clear, quite sure how you feel regarding appoint- <br /> ment by the mayor, confirmation by the council. <br /> MR. FUKE: I think that at that point in time, <br /> Commissioner, I had indicated that because there was a need-for <br /> and if you have an executive branch and you create a strong '1 <br /> executive branch then I couldn ' t necessarily understand the <br /> need for confirmation. But, I also went further to indicate <br /> that if theyare, the commissioners find a need for confirma- <br /> tion, I could not necessarily see why maybe the Planning <br /> Director or only the Corporation Counsel ' s office should be <br /> singled out. If you are looking at the situation with the. . . <br /> for example, like the State Cabinet officers, all of the <br /> cabinet officers are confirmed by the State Senate and not <br /> certain positions. <br /> MR. TRULSON: What would you recommend, right <br /> today, the way it is now? <br /> MR. FUKE: At this point in time, no confirmation. <br /> MR. TRULSON : By the council. <br /> MR. FUKE: Right. <br /> MR. TRULSON: Thank you. <br /> CHAIRMAN SAKATA: Any other questions? Thank <br /> you, Mr. Fuke. <br /> RECESS: The Chair called for a short recess at 5 : 30 p.m. <br /> RECONVENE: The meeting was reconvened at 5 : 45 p.m. <br /> -14- <br />