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Board vote ties 3-3; motion to appeal ALJ decision fails
Summary
Board member Smith moved to appeal an administrative law judge decision; the motion, supported by England, failed on a 3-3 roll call tie. The board had met earlier in closed session under Section 8(1)(h).
Board member Smith moved to appeal an administrative law judge (ALJ) decision; Board member England seconded the motion. The motion failed on a 3-3 roll call vote: John Waller, Otting and Smith voted yes; Fowler, England and Nehrig voted no; Grodi was recorded absent.
The motion to appeal followed the board's closed-session deliberations earlier in the meeting. The minutes record the motion as "Motion to Appeal ALJ Decision made by Smith, Supported by England" and the resulting roll call as "Waller-Yes Fowler-No Otting-Yes England-No Smith-Yes Grodi-Absent Nehrig-No Motion failed: 3-3." The minutes do not identify the ALJ decision by case number or subject.
Board member Smith initiated the appeal motion at the public meeting after the board returned from closed session. Because the motion did not receive a majority, the board did not authorize an appeal and no next steps on an appeal are recorded in the minutes. The minutes do not indicate whether staff were assigned follow-up tasks or whether the matter will return to a future agenda.
