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HomeMy WebLinkAboutMinutes FR/SR3 Under new business, we have arts in 4 public places. I think we have had that 5 discussion. We did that one. Amending 6 the code as it relates to MSEA. You have 7 a couple things you want to mention to 8 us? 9 MS. RAMIREZ-SEIJAS: Yes. There are 10 a number of things in the MSEA ordinance 11 that need to be updated if that is the 12 will of the Board. One major matter is 13 that the code requires that MSEA meets 14 monthly and we need to reflect -- it 15 would not be good to continue to not be 16 in compliance with the code. So you may 17 want to consider the frequency of the 18 meetings and, you know, you can instruct 19 us to amend the MSEA code in order to 20 address that. 21 The second issue is quorum. The way 22 this ordinance reads quorum is six 23 members. Has to be right now six members. 24 Right now you only have seven members. 25 So, you know, if you don't have a full 68 1 board because it has not been completely 2 appointed by the commissioners, then you 3 may have an issue with quorum and that is 4 something for you to consider. And then 5 there is this one last issue that came 6 up -- 7 MAYOR DIAZ: Can we deal with the 8 first? 9 MS. RAMIREZ-SEIJAS: Okay. 10 MAYOR DIAZ: I think there was some 11 discussion about moving to quarterly 12 instead of monthly. 13 MR. GONZALEZ: I believe quarterly 14 would be appropriate. 15 MR. ROLLASON: The Chair can always 16 call it if we have to have a meeting. 17 But quarterly is good. 18 MAYOR DIAZ: Okay. Would you like 19 to move that? 20 MR. GONZALEZ: I move to have the 21 meetings scheduled quarterly. 22 MR. FEINBERG: Second. 23 MAYOR DIAZ: Any discussion? All 24 those in favor say aye. Opposed? 25 Approved. 69 ] And the second issue is quorum and 2 your recommendations as to quorum. 3 MS. RAMIREZ-SEIJAS: You know, it 4 used to be 50 percent or 50 percent plus 5 one of the then current members. That 6 would allow a majority even if the Board 7 is actually not fully constituted because 8 it has not been appointed. That's the 9 way it read years ago. 10 COMMISSIONER REGALADO: But if we 11 are going to only meet every four months, 12 all the commissioner have time to 13 appoint -- and you know we need -- a lot 14 of people should be part of -- if you 15 change the quorum three of us could blow 16 away $3 million. I'm just saying. I 17 wouldn't change the quorum. If we are 18 not meeting like every month, I think we 19 should have a lot of people to discuss. 20 That's up to the Board. 21 MR. FEINBERG: Mr. Mayor, what is 22 the legality of calling in if you are not 23 here but if you're on the phone. 24 MS. RAMIREZ-SEIJAS: You can vote by 25 phone, but you cannot constitute quorum 70 1 by phone. So when we talk about -- when 2 quorum is six members, that means six 3 members must be physically present. Even 4 though there may be two other members 5 that vote by phone. That's okay. As 6 long as six are present. 7 MAYOR DIAZ: Don't most of our 8 Boards requires quorum -- 9 MR. FERNANDEZ: Different boards 10 have different numbers. Some have six, 11 others have -- 12 MS. RAMIREZ-SEIJAS: PBA has five. 13 But cannot take any official action 14 without nine. That would allow the five 15 physically present and four to call in. 16 MR. FERNANDEZ: They do that often? 17 MR. GONZALEZ: Each commissioner has 18 two appointments. 19 MS. RAMIREZ-SEIJAS: Yes. And they 20 appoint. 21 MR. GONZALEZ: The Mayor has three. 22 MS. RAMIREZ-SEIJAS: It's 11 23 members. 24 MAYOR DIAZ: I just get any lucky 25 position. I don't have any appointments. 71 1 MS. RAMIREZ-SEIJAS: Each 2 commissioner appoints two. The bottom 3 line is he appoints two because he might 4 appoint himself. And Mayor. So it is 5 nine. 6 MAYOR DIAZ: It's 11. We have three 7 that haven't -- three vacancies right 8 now. 9 COMMISSIONER REGALADO: So we need 10 to fill it and that's it. 11 MR. GONZALEZ: We need to appoint. 12 MS. RAMIREZ-SEIJAS: The last item. 13 The last item is really something that we 14 need to clarify and I think it's a 15 cleanup item, but I just want to -- in 16 getting ready for this meeting, 17 considering that we had not met in such a 18 long time I was reviewing the code 19 provision that governs the Board in 20 general in light of the Board provision. 21 And there is a section that provides that 22 a -- no member of any city board shall 23 become a candidate for elected political 24 office during his or her term and should 25 any member of any city board qualify as a 72 1 candidate for elected political office, 2 the qualification shall be deemed a 3 tender of resignation from said Board. 4 COMMISSIONER REGALADO: Like any 5 other board. 6 MS. RAMIREZ-SEIJAS: Well, you know, 7 in discussing it with the city attorney 8 it appears that this was not intended to 9 apply to commissioners who hold office in 10 a board ex-officio by virtue of being a 11 commissioner otherwise it wouldn't make 12 much sense. However that is not clear 13 and I wanted to bring it up to the 14 attention of the commissioners, 15 particularly. 16 COMMISSIONER REGALADO: If it 17 applies to commissioners you're going to 18 have a serious problem. Because you 19 don't have a quorum now and you're going 20 to have two -- 21 MS. RAMIREZ-SEIJAS: That's -- 22 COMMISSIONER REGALADO: In every 23 board. In every board. 24 MAYOR DIAZ: It needs to be fixed 25 city wide. But you haven't qualified 73 1 yet. 2 COMMISSIONER REGALADO: No, no. But 3 as long as you open an account you're 4 good. 5 MS. RAMIREZ-SEIJAS: Not yet. 6 MR. FERNANDEZ: That's what we're 7 making clear. What event would this in 8 essence clear that. As well as -- 9 COMMISSIONER REGALADO: That's what 10 June is doing. Once you open an account 11 you're out. 12 MR. FERNANDEZ: But that's not yet 13 in place. That's in the process of 14 being -- however, in spite of all of 15 that -- 16 COMMISSIONER REGALADO: We fix it 17 for this, we have to fix it for every 18 board. Every commissioner sits on the 19 board. 20 MS. RAMIREZ-SEIJAS: It should be 21 fixed in the section that deals with the 22 standard for creation and review of 23 Board's generally. 24 MR. FERNANDEZ: In spite the Olga's 25 best legal opinion, the city attorney's 74 1 opinion is that that limitation does not 2 apply to elected officials. But we will 3 do whatever we need to do if you approve 4 us to clear it up and make it a duh 5 clear. 6 MR. GONZALEZ: Bring it back at the 7 next quarterly meeting. 8 MR. ROLLASON: I think it should 9 reflect the same as sitting on a 10 commission for all the boards. So if you 11 sit on a commission and you're able to 12 run without resigning your position, as 13 the commissioner, you do the same. 14 However, if a sitting commissioner 15 resigns to run for the position of Mayor, 16 he would by the same virtue have to 17 relinquish the Board. So to me you would 18 just apply it the same as you do for the 19 commission seat. 20 MR. FERNANDEZ: As you hold the same 21 seat you were elected to begin with to 22 occupy it. 23 MR. ROLLASON: Right.