Final
Record of Commission Action
(Briefing package dated August 31, 2016)
Decision
The Commission voted ( 4-1) to issue the Opinion and Order Denying Respondent's Motion to Disqualify the Commission or Some of its Members in In re Zen Magnets, LLC ("Order Denying Motion to Disqualify") by section.
Vote One is comprised of the Introduction, Background, Procedure, Legal Standard, Discussion I, Discussion II (first three paragraphs only), and Order, of the Order Denying Motion to Disqualify. Chairman Kaye, and Commissioners Adler, Mohorovic and Robinson, voted to issue the sections included in Vote One; Commissioner Buerkle voted to not issue the sections included in Vote One.
Vote Two relates to Discussion, section II.A regarding statements made by Chairman Kaye.Commissioners Adler, Mohorovic and Robinson voted to issue this section. Chairman Kaye abstained from voting on Vote Two. Commissioner Buerkle voted to take other action disqualify Chairman Kaye for the reasons set forth in Commissioner Buerkle's dissenting opinion.
Vote Three relates to Discussion, section II.B regarding statements made by Commissioner Adler. Chairman Kaye, and Commissioners Mohorovic and Robinson, voted to issue this section. Commissioner Adler abstained from voting on Vote Three. Commissioner Buerkle voted to take other action - disqualify Commissioner Adler for the reasons set forth in Commissioner Buerkle's dissenting opinion.
Vote Four relates to Discussion, section II.C regarding statements made by Commissioner Mohorovic. Chairman Kaye, and Commissioners Adler and Robinson, voted to issue this section. Commissioner Mohorovic abstained from voting on Vote Four. Commissioner Buerkle voted to take other action - disqualify Commissioner Mohorovic for the reasons set forth in Commissioner Buerkle's dissenting opinion.
Vote Five relates to Discussion, section II.D regarding statements made by Commissioner Robinson. Chairman Kaye, and Commissioners Adler and Mohorovic, voted to issue this section. Commissioner Robinson abstained from voting on Vote Five. Commissioner Buerkle voted to take other action- disqualify Commissioner Robinson for the reasons set forth in Commissioner Buerkle's dissenting opinion.
Commissioners Voting
*Time Critical Ballot vote due September 1, 2016
- Chairman Elliot F. Kaye
- Commissioner Robert S. Adler
- Commissioner Ann Marie Buerkle
- Commissioner Joseph P. Mohorovic
- Commissioner Marietta S. Robinson
Attachments: