HTML Preview Special Meeting Minutes Verbatim Format page number 4.
Employment Training Panel May 11, 2009 Page 4
Robert Bonsall: May I address the Panel momentarily?
Brian McMahon: If it is relative to the project; we typically…
Brian McMahon: Okay.
Robert Bonsall: My name is Robert Bonsall. I am an attorney in Sacramento
with the law firm of Beeson, Tayer & Bodine. I am not here at this time to
address the review and action item, but rather, the motion that was just
considered by the Panel. If I may briefly address that issue.
Janice Roberts: Is that the statement by Mr. McMahon?
Robert Bonsall: No it isn’t.
Maureen Reilly: Is that the motion to delegate in the event of the loss of a
quorum?
Robert Bonsall: Yes, it is.
Maureen Reilly: And has that motion been voted on, Madame Chair?
Janice Roberts: Yes, and it has been approved.
Maureen Reilly: I think you’re too late, but you can make your comments.
Robert Bonsall: Thank you. As I mentioned, my name is Robert Bonsall, an
attorney with the Sacramento law firm of Beeson, Tayer & Bodine. We’ve been
representing labor organizations for about 75 years here in Northern California
with offices in Oakland and Sacramento. We represent employees throughout
the Central Valley, including Teamsters Joint Council No. 38; that represents
40,000 plus workers here in the Central Valley including Fresno, California.
The issue that the body was just addressing, and I thought that there might be a
moment to address it before it was voted on, was whether there should be
delegation of authority to the Executive Director to make a decision should a
quorum be lost of this body. It is our position and belief that such a delegation of
authority would be unlawful and illegal. It would depend upon a number of
issues, such as whether the Panel regulations provide for the delegation of such
authority, should the quorum be lost in this body. I have searched the Panel’s
rules and regulations and could find no such delegation of authority.
Unemployment Insurance Code Section 10205(e) specifically provides that “this
Panel shall be authorized to adopt by regulation, procedures for the conduct of
Panel business including the scheduling and conduct of meetings; the review of
proposals; the disclosure of contracts between Panel members and parties in
interest concerning particular proposals; contracts or cases before the Panel or
staff; the awarding of contracts; the administration of contracts; and the payment
of amounts due to contractors.”