Staff clarifies DRC practice: final findings ordinarily reflect tentative votes, but Commissioners may change votes
Summary
Staff told the DRC its longstanding practice is that final votes adopting findings typically match prior tentative decisions, but commissioners may change a tentative vote after reexamining the record; staff advised notifying colleagues by email if a vote is to change and said counsel indicated either approach is permissible.
Staff walked commissioners through the commission’s customary practice regarding tentative decisions and final adoption of findings. Staff said the practice has been for final votes to match tentative decisions so the findings reflect the majority opinion recorded during deliberations, but acknowledged a commissioner may change their vote after reexamining the record.
Staff advised commissioners to reach out in advance if they are reconsidering a vote and said it is a courtesy to inform other commissioners by email when a change is anticipated. Staff also noted counsel (Suvani Miller) had advised that either course is allowable, and staff volunteered to explain the process and recordkeeping steps that would be needed if votes change in a way that alters outcome.
"Our past has always been that the final vote and the final decision reflects your tentative 1, unless you do want to change your vote," staff said. Staff added: "It is also a courtesy to let the other commissioners know via email that you will be changing your vote." The guidance was framed as procedural direction rather than a binding rule; staff offered to follow up with legal counsel to confirm practice and to advise on notification and record procedures if needed.
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