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| Trustees Email Votes Received: |
Trustees Not Voting: |
Don McNutt, Chairman
James Ford, Vice Chairman
Rich AuBuchon
Tom Kolb
Danny Opie
Tom Pfeiffer
Dan Schuette
Bruce Work |
John Albert
Gary O'Neal |
Withdrawal of Order of Rulemaking
At the March 28, 2007 Board Meeting, the Board voted to publish a Final Order of Rulemaking for four amendments to its regulations. The Orders of Rulemaking were subsequently transmitted to the Joint Committee on Administrative Rules, (JCAR), in preparation for transmittal to the Secretary of State by May 1, 2007.
On April 23, JCAR staff contacted Carol Eighmey, PSTIF Executive Director, to request her participation at a meeting the following day with the co-chairmen of JCAR. At that meeting on April 24, it was requested that the Board withdraw publication of the Order of Rulemaking containing amendments to 10 CSR 100-5.010 to allow further time for review and discussion with the JCAR co-chairmen. Further, it was requested that the Board take this action prior to 1:00 p.m. on April 25, in order to avoid the need for a JCAR hearing on April 26.
Ms. Eighmey contacted Chairman McNutt, who indicated his availability for a conference call the following day was limited. Phone calls were made to six other trustees; none were available. Ms. Eighmey then conferred with the Board's counsel, Tim Duggan, Attorney General's Office, who advised that in unusual circumstances and with good cause, a meeting may be held without giving twenty-four hours' notice. He further opined that a public vote may be taken by email in lieu of holding a public meeting with the members of the public body gathered at one location or connected via telephone.
An email message was then sent from the Executive Director to each Trustee; copy attached hereto and made a part hereof. ** Trustees responded via email to the PSTIF's central email account at pstif@sprintmail.com. Printed copies of the email responses are on file at the PSTIF office.
Voting in favor of the recommendation to withdraw the proposed amendment to 10 CSR 100-5.010 were: Rich AuBuchon, Jim Ford, Tom Kolb, Don McNutt, Danny Opie, Tom Pfeiffer, Dan Schuette, and Bruce Work. No trustee voted against the recommendation. No response was received from John Albert, Gary O'Neal, or Melvin Schebaum. Therefore, the recommendation to withdraw the proposed amendments to 10 CSR 100-5.010 was approved by a majority of the Board of Trustees.
**For a copy of the information/presentation mentioned in these minutes, please contact the PSTIF Office. Please note, if the information/presentation is in electronic format, it will be sent to you as an email attachment per your request. However, as some information may be in hard copy only, please provide your mailing address at the time of your email request.
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