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Charter Commission April 12, 2001 Page 8 Chair Sullivan stated that section of the Charter actually applies to officers who have served more than one-half of the full term. Commissioner Trehus stated a legal opinion indicated that someone coming into a partial term does not impact the ability to be appointed for two full terms. In the case of Ms. Kenfield,he is unsure if it would impact the ability for her to be reappointed. Commissioner Montain read a section of the By-Laws indicating the Chair is to notify Commissioners whose terms are expiring and are eligible for reappointment. Chair Sullivan noted the next item of business is the amendment issue. He stated the issue of terms needs to be worked on more so he will meet with the Vice Chair and Secretary to discuss the terms under question. He asked that each Commissioner review their terms of appointment and assure the information provided by Commissioner Rafferty is correct. He stated this item will remain on the agenda. MOTION by Chair Sullivan, seconded by Commissioner Bening, to direct the Chair, Vice Chair and Secretary to form a committee to discuss Item 5D, Charter Commission Membership and Terms, and provide a recommendation to the Charter Commission. Commissioner Trehus read the legal opinion indicating a limit to two successive full terms in office. Commissioner Montain noted the information provided by Commissioner Rafferty related to his term indicates when he was appointed but does not indicate the time he was actually sworn into office and attended a first meeting. Commissioner Trehus stated he does not think it is considered an appointment if the Commissioner is filling out an incomplete term. Commissioner Bening suggested the committee make a recommendation on a change to the By- Laws which can be implemented to make it clearer. Commissioner Trehus asked why the By-Laws should cover something that is governed by Statute. MOTION carried unanimously. E. BY-Laws/Section 9. (Appointments)Amendment(Secretary Rafferty)—Chair Sullivan stated at the July 13, 2000,meeting a motion was made by Commissioner Lane and seconded by Commissioner DeMotts to amend Section 9 of the By-Laws related to the notification period and the Chair's responsibility to publicize the availability of openings on the Commission. He stated that he had reminded Commissioner Rafferty that the Commission is not done with this agenda item until the Commission does what the By-Laws say. 8