California Maritime Infrastructure Bank/Authority
- Commissioner Brennan's motion to request an informational report on the California Maritime Infrastructure Bank/Authority. 1:04:55
- Robert Bernardo amends the motion. 1:06:31
- The amended motion passed 3/2 requesting that a "brief, one paragraph" report regarding the bank/authority be included on a future agenda.
New Opinion on Majority Vote
At the July 16, 2014 Harbor District meeting two of Commissioner Brennan's motions to place an item on a future agenda "failed." On Aug. 1, 2014 Hanson Bridgett, the District's new Counsel, release an opinion that both motions actually "passed."
Two similar motions were made by Commissioner Brennan and seconded by Commissioner Bernardo to place items on a future agenda, an update/informational report regarding (a) an ongoing fish buying fee audit conducted by JJACPA, Inc., and (b) a separate ongoing audit conducted by the Dornbusch consulting firm. Watch the meeting video to see both motions fail, click here: 58:26 and 1:04:40
Commissioner Brennan questioned the decision by Counsel and asked that the rules for a majority vote on a motion be reviewed.
On Aug. 1, 2014 Attorney Steven D. Miller of Hanson Bridgett reversed his opinion. Read Steven Miller's Memo, "Determining a Majority Vote When There are Absences and/or Abstentions." The memo says, "Item No. 19 concerned agenda setting for future meetings. Two similar motions were made and seconded to place on a future agenda an update/informational report regarding (a) an ongoing fish buying fee audit, and (b) a separate ongoing audit conducted by the Dornbusch firm. The roll call of the vote was two in favor and one opposed, with one abstention and one absence. Under the rules discussed in this memo, a quorum existed regardless for the reason for abstention (which was not stated). A majority of those voting voted for the motion. The motion therefore passed."