Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Continuance Recusal Case 6836221 topic
No spam. Unsubscribe anytime.
Abatement of Appeals Board continues Eleventh Street case to Nov. 15 after recusal
Summary
The Abatement of Appeals Board recused President Clinch from Case No. 6836221 and unanimously voted to continue the Eleventh Street appeal to the Board’s November 15 meeting after the appellant said the hearing notice arrived late and listed the wrong time.
President Clinch was recused and the board continued the Eleventh Street appeal.
At a meeting whose transcript lists the date as "Wednesday, October 1837" (the date in the record appears to be a clerical error), the Abatement of Appeals Board recused President Clinch from Case No. 6836221 (Eleventh Street) and voted unanimously to continue the hearing to the Board's next meeting on Nov. 15.
Why it matters: The continuance gives the appellant additional time to file materials after counsel said the appellant received the hearing notice late and that the notice listed the wrong start time, a procedural issue that the appellant argued deprived them of an opportunity to submit documents.
Francisco Gutierrez, who identified himself as representing the appellant and owner, said the appellant did not receive notice in time to meet filing deadlines and that the mailed notice listed “1PM” while the hearing was scheduled at 9AM. "We'd like to request a continuance of this hearing by 30 days or to the next hearing date," Gutierrez said.
A commissioner (Speaker 3) asked to be excused from the case because of a personal friendship with the owner; Speaker 2 moved to recuse President Clinch and the Board approved the recusal. Brad Ressy of the City Attorney's Office advised that a formal motion was required to remove the recused commissioner from the matter.
Following procedural questions about service and receipt (staff noted an October 6 postmark on submitted materials), Commissioner 6 moved to grant the continuance; the motion was seconded and, after the Chair called for affirmations, each commissioner indicated "Yes." The Chair announced the motion carried unanimously.
The action taken was limited to setting the continued hearing date; the Board did not rule on the merits of the underlying abatement or any fines. The continuance is scheduled for the Board’s meeting on November 15.
Provenance: The Board introduced Case No. 6836221 at the start of the New Appeals item and the request for continuance, recusal discussion, and the vote to continue appear in the transcript between SEG 041 and SEG 169.
