…Or, if those charged with appointing members don’t appoint them, how can you stop them? (apologies to the late Mr. Berra)
With the resignation of a board member, as well as no appointments by two of the officials who have appointments, the oversight board does not have a quorum in order to conduct business. Act 11 of 2004, section 28202 d states that “a majority of the board shall constitute a quorum for the purpose of conducting the business of the board…” and two of five does not a majority make.
While the recently resigned member’s appointing official indicates there will be a replacement quickly, the other two vacancies have gone on much longer. Section 20202 b states “whenever a vacancy occurs among the appointed members of the board, whether prior to or on the expiration of a term, the appointing authority who originally appointed the board member whose seat has become vacant shall appoint a successor member within 30 days of the vacancy”.
So how does this get resolved? Does the ICA sue the appointing officials to compel them to make appointments? What if a third member gets appointed but can’t make board meetings in the next two months as the City’s budget and five year forecast are to be deliberated? Section 28209 g says that if the authority does not take any action on the financial plan within 30 days it is deemed approved, unless there is a written request by two members of the board for a meeting and a vote and neither take place, then the financial plan is disapproved.
It ain’t over til, well…
