recusal doesn't fix that. in fact, the principle of a common-law system is that judges decide a very small number of cases explicitly, but effectively decide many more cases, right? they're highly leveraged institutions. you look at the u.s. supreme court's deciding fewer than a hundred cases a year. we obviously know their impact is much broader than that. you know a decision you make in a particular dispute is going to affect businesses, law firms lawyers that face similar issues. so recusal really can't get at the underlying problem at an appellate court because appellate courts make law and are going to decide cases that don't affect merely the parties before them. i think on a trial court level the problem is it's simply impractical, because we wouldn't have any judges to sit in certain cases. if you're a defense law firm, you represent criminal defendants in a particular trial court. you're going to donate to all of the judges that you think have a chance of being elected, in order to ensure they're favo

recusal doesn't fix that. the principle of a common law system is judges decide a very small number of cases sphreulsly but effectively decide many more cases. they are highly leveraged institutions. you look at the u.s. supreme court decide fewer than 100 cases a year but the impact is much broader. you know the decision you make in a particular dispute is going to effect businesses, law firms, lawyers that face similar issues. so, rekaoulsal really can't get at the underlying problem at an appellate court because appellate courts make law and are going to decide cases that don't affect merely the parties before them. i think in a trial court level the problem is it is impractical because we wouldn't have any judges to sit in certain cases. if you are a defense law firm you represent criminal defendants in a particular trial court you will donate to all of the judges that you think have a chance of being elected in order to ensure they are favorable to you. can they recuse themselves from if all of them recus

recusal doesn't fix that. in fact, the principle of a common-law system is that judges decide a very small number of cases explicitly but effectively decide many more cases, right? they're highly leveraged institutions. you look at the u.s. supreme courts deciding fewer than a hundred cases a year. we obviously know their impact is much broader than that. you know a decision you make in a particular dispute is going to affect businesses, law firms, lawyers that face similar issues. so recusal really can't get at the underlying problem at an appellate court because appellate courts make law and are going to decide cases that don't affect merely the parties before them. i think on a trial court level the problem is it's simply impractical because we wouldn't have any judges to sit in certain cases. if you're a defense law firm, you represent criminal defendants in a particular trial court. you're going to donate to all of the judges that you think have a chance of being elected in order to ensure they're favorab

. >> i know there are times when recusal may be necessary for any of us, but many times when a recusal could invalidate the decision of the agency, is there that risk here? >> the law that you referenced, government code section 1090 is the law that sometimes requires commissioners to step down . it would only require a commissioner step down if he or she has a financial interest in a company that is contracting with her department that her board has to approve and her financial interest in that company doesn't sit within a recognized exception. i haven't looked at that particular question for ms. jordan. i don't think this is the type of transaction that would require stepping down if a gmo contract came to the board in the future, it would require her to recuse herself. >> [inaudible]. >> i hate to predict the future based on the limited information that i have, but from what i know, the primary allegation is that ms. jordan violated the statement of incompatible activities an we obviously will work closely with her to make sure she recuses herself in any future vote to ensure those

it is not actually recusal. it sis -- it tames through the assignment system. so if a judge has received more than $2,500 contribution and the amount difficults slightly based on the level of judges. we elect our trial judges and our intermediate appellate judges, lie court judges are appointed. so a judge has received that much the administrative office of the court automatically assigns the case to another judge and the judge never knows alternative potentially getting that case. we are in the process of doing some research on various recusal regimes to figure out how to assess their effectiveness. it is a very interesting system and removes the discretionary element from the challenged judge and takes away any sort of appearance that the judge is a judge in their own case and we think it is a very interesting system. >> i find it an incentive to contribute heavily to judges you don't want on your cases. >> one issue with any recuse alal practice in is a potential for gamesmanship and that is why it is an effective regime. >> there are systems that will give

can they recuse themselves?certainly in the court like williams-yulee was running for the county court in florida in simply to rule out any judges. is there a man has done a good job but for appellate courts and trial courts it is not realistic. >> it is not the effective means but i think tracy assumes a recusal of the one that has contributed triggers a recusal that i think is an extreme measure but there are all other alternatives but i agree with the answers that judges don't recused as often as they shed. we disagree on which ones. [laughter] but that illustrates part of the problem. there is a culture among all nine supreme court justices that will not be second-guessing a gender's decisions and this is something that each gets right so they may have greater faith in recusal they and the rest of us do. petraeus see you seem to more agnostic than ever with campaign contributions most recently adopting that causality. >> because she is sitting here mad. [laughter] >> the steady i am thinking of is one that d

yours from. >> i would like to recuse myself only in a rare six i actually have worked so i've spent so much time on the trust side of the bank i just again, i've felt it would be better and safer everywhere safer not to vote explicit mean i can't make comment and votes on the issues in the trust but their areas again securities lending and custodian areas it is exactly oppose than the area that handle the blue haired ladies in the bank and so we talked yesterday as well about the requests we've been making the board and through through our engagement with community members in my office directly with the retirement board around fossil fuel and we've spoken as you mentioned you've been supportive of studying the issue perhaps there was a vote that actually was about engagement lovely one and level two you know efforts for the retirement board which were certain levels of efforts looking at defying investment can you explain why level one level two. >> fossil fuels i should tell you my background i've spent a fair amount of time in the environmental area i've actually worked with conse

extent there's an issue with the rfp with supervisor campos raised that you would your intent to recuse you, yourself makes sense but a quick question for the city attorney there are times under section he 1090 when a recall alone is not sufficient and there is the possibility that even with the recall there might be a violation by the agency there are exceptions i'll ask the city attorney to examine on that but i believe that's not the case but if it were the board would be informed of that. >> through the chair. >> john gibner, deputy city attorney as you mentioned supervisor campos there's a government code section 1090 is essentially says that public officials kaunt can't have a - the law is broad and there's a number of exceptions in some circumstances an official can recuse themselves when there's a conflict under section 1090 the only answer to divest or resign from the board i understand from ms. jordan she may have a conflict it sound like it fits into the exceptions of recall and not the one that - of course if the contract situation we'll work closely to make sure she recuse

you are recused and then this consent calendar and item 3 to rekinds so the votes is on temple .3 motion to approve. >> second. >> all in favor, say i. so it's approved and the remainder of the items on the consent calendar second and second and all in favor, say i. opposed? the i's have it thank you very much. we'll go to the anti so members. >> item 16 discussing the mta financial anti and directors no member of the public we'll present the year-end anti once again a positive story we have k p m that is going to rent just a snapshot we were $260 million over last year our expenditures were higher than this we added to the assets about $251 million theres part of the reason for the ratings other than the asset side our total assets increased toy by 47 millions on the capital side we're putting more stuff into the ground and masonic our employee side and our personal services we had a higher adjourned estimated claims than projected 0 our net assets liability increased by $420 million we completed the identity in record time and once again that was q key to our bond ratings i'm going to

you are recused and then this consent calendar and item 3 to rekinds so the votes is on temple .3 motion to approve. >> second. >> all in favor, say i. so it's approved and the remainder of the

cumberland county prosecutor jeff four web mc ray recused herself from this investigation because sheotice officer days but some think that's not enough. two civil rights organize today's asked for the case to be turned over to the new jersey attorney general. >> we're demanding that prosecutor mc ray recuse her entire staff from this investigation, give it to the attorney general's office. >> the attorney general's office said it would not take over that investigation. but the cumberland county prosecutor' office says in a statement, it will handle it and ultimately present the case to grand jury the undispute the facts indicate that the use of force was justifiable under the law ". >>> cbs news is reporting tonight that federal civil rights charges are not expected to be filed against darren wilson much he's the white police officer who shot and killed the unarmed black teenager michael brown in ferguson missouri. fbi completed its investigation into incident. in the meantime we have new video tonight of looting in ferguson following the grand jury's decision not to indict officer w

it's not actually recusal. it takes place through the assignment system, so if a judge has received more than $2500 contribution -- and the amount differs slightly based on the level of judges. we elect our trial judges in our intermediate appellate judges and our high court judges are appointed. so if a judge has received that much, the administrative office of the courts automatically assigns the case to a different judge and the judge never even knows that they were potentially getting that case. we are in the process of doing some research on various recusal regimes and trying to figure out ways to assess their effectiveness. so i think it's a very interesting system. it completely removes the discretionary element from the challenge judge. it takes away any sort of, you know appearance that a judge is a judge in their own case and we think it's a very interesting system. >> sounds like quite an incentive to contribute to judges you don't want on your cases. >> one of the issues with any recusal practice is

issue put in a threshold for recusal. has that gone into effect and have any of you looked at it? and how is that working? >> yes. it's slightly different. it's not actually recusal, it is -- it takes place through the assignment system. so if a judge has received more than $2500 contribution, and the amount differs slightly based on the level of judges. we elect our trial judges and our intermediate grade appellate judges -- intermediate appellate judges. a high court or judge is appointed. the administrative offices of the court automatically assigns the case to a different judge, and the judge never even knows they were potentially getting that case. we are in the process of doing some research on various recusal regimes and trying to assess their effectiveness, but i think it's a very interesting system. it completely removes the discretionary element from the challenged judge. it takes away any sort of, you know appearance that a judge is a judge this their own case -- in their own case, and we hi it's a very interes

a point up to when he told me he wouldn't be appealing so not wanting to expose you to details to recuse users that was not in the docket it was for me to guaranteed by the code to tell you why i didn't follow the recommendation by the police department that's important to know we work together on stuff but times when we disagree i'm populated to tell you why. >> i have a question do you know if they intend to reopen. >> our suspension is their entertainment permit opening and closings we can't tell them what to do pits my understanding we had an understanding from the permittee he has inform technician to reopen i don't know. i won't guess with whether he's on or closed he can't on during the suspension but he can't have entertainment. >> my other question if the police decided to bring charges for a revocation or more severe suspension it will come to the commission as a - >> yes. absolutely a receive a thirty day suspension. >> do you know if that may happen. >> i don't know, you ask the policeman there he is standing on the wall. >> i'm hand to over to those guys if you don't agree w

particularly when voting on particular funding and that's probably the only time and i'm the first to recuse myself and say i need to step back, and i always sit on the [inaudible] oversight committee so i am well aware of what my limit aikdzs are, where i should speak, where i shouldn't speak and not necessarily forcing my opinion. if it's something i discussed, i avoided subcommittees just so there is not an appearance of impropriety and we have learned how to rock and roll. the chairs on the local board is also aware as is megan owens who will make sure that if there's a question that we will certainly cover that and make sure again there is no impropriety. >> so you don't feel like it's a major issue? >> no. it has not and prior to sitting on the local board this board is probably about 14 years and of the 14 years i was either a secret member or participant on some level and not until i became a board member and again that had to be pointed out there could be some conflict. >> i am glad to hear that because i know you bring a wealth of perspective into this. >> thank you. >> thank you.

manager for example but fixed income will be a source of capital i'll vote no on the motion i suggest 0 recuse use those managers as a source of capital last time we raised the staff took money away from premise ma to me performance trumpets the issue of staff turnover and turnover for the fund i know it's american people's important issue but to me the performance triumphs so i'll vote against the motion i think reducing the fixed income and the performance for the managers certainly boo above their benchmarks and staff has better things to do so i don't see it. >> other questions. >> no questions. >> i wanted to wait. >> my comment commissioner melberger is i think it is great there are good past performance but we have a consultant to let us know earlier if there are staff that mediate or could impair in the future it makes sense to relook at a firmer if there are indications something maybe happening if they >> this are being an sfooel good thing how difficult everyone expected interest rates to start rising and they've done the opt on the long end i think we are at a tenuous moment in fix

. >> i'm going to recuse myself. >> we're going to call the last item lisa versus the department of building inspection protesting the issuance on october 30th to frank and wife notice to violation add two new rear view windows and replacing deck as required i mean, i'll start with the appellant. >> good evening commissioner president lazarus and commissioners, thank you for your consideration of that appeal i am lisa i live next door to webster in the machinery we've owned our owning home for 10 years and condominium to raising our kids our kids attend public schools in the marina and my husband is not here he's with our kids 3 kids our family calibers about the marina i feel like the planning department and the building inspection have everything they need to make a proper determination in summary the work on webster street shouldn't be allowed it was not properly permitted and it attempts to go beyond who was approved in the 02006 variance decision in summary that are 3 key problems the first, the permit holders are expanding beyond the envelope by expanding the southern side balcony and

>>i want to recuse myself from this vote. >>okay, thank you. any comments or questions from the public. hearing none call the question. all in favor. any opposed. thank you, the motion carries. the next item appears on the agenda as j. it's requesting authorization to modify the additional community service programs during the period of october 1 2014 through june 30 2016 in the additional amount of $150,000 for a revised grant amount not to exceed $1,514,226. michael zogg will be presented. may i have a motion to discuss? >>so moved. >>moved and seconded. thank you michael. >>thank you commissioner. item j is funding for two years for self help for the elderly to open a new community center in the west portal neighborhood. there's been difficulty finding a location in the west portal area so we're here today presenting an idea for a brand new community center. it's located on lennx way, about a block from there the west portal tunnel. there's a parks and rec building they'll be using. the community center is used for youth after school and the

and discussing an item on the consent calendar i do you i know you w have a board member we have to recuse the member so