. >> john gib ner, deputy city attorney, i will be brief. we were asked to respond to three findings, numbers 5, 6 -- four findings, 5, 6, 7 and 12 and three recommendations, 1, 3 and 4, i believe olse responded to number 5, basically the same content as we did, finding number 6 regarding auditing by olse, we deferred to that department. finding number 7, that when a business tells customers it's going be using a surcharge for one purpose and uses it for a different purpose, that is consumer fraud, we agree with the grand jury on that, as you all know, our office has a long tradition of aggressively enforcing consumer fraud laws and of course we'll continue to do that. finding number 12 is -- states that hra's may not be an allowable option nrords to the health care plan, as to several of the responses indicated, there are pending regulations in implementing the care act and once those regulations are issued, we will of course brief the board and all affected city departments under effect on our ordinance. as for the recommendations, they pr

>> john gib ner e n*er, deputy city attorney, the ordinance itself does not define the term represent if the ordinance passes, we would -- ultimately, it would be a policy by the mayor and the board as to whether a particular nominee represents an area plan, supervisor kim's description of the intent of the motion. >> if i may -- >> legislative history has little weight if any in the understanding of a definition in the statute, is that true? >> when a term like this which could be ambiguous if not to find in the ordinance, when there's a question about that, the meaning of that term, one to have tools we use to look at is at the legislative history to resolve the ambiguity. >> unless it got litigated. >> okay. supervisor kim? >> maybe this will clarify that. how does extensive expertise in the area plan work? >> colleagues, is there -- so, supervisor kim is making a proposal that -- can you restate the amendment now. >> the motion is to reserve -- to set qualifications of two of the seats where the individuals would have extensive sper tees in at least two out of the three area plans