we have faced this on the california constitution and the requirement that we read in the california constitution that an officer, even if elected, needs to take the oath of office the been ordered to assume the office. at such time, the oath of office is taken, the mayor has not vacated his current position, that is a statutory authority that we are relying on and looking at the cases that have been interpreted. with regard to the impact, our opinion is that the mayor retains his position and we don't see a vacancy yet. if the board was to take an action to designate someone had as the successor mayor, we see that action as an advanced determination, not as a final determination, and either this board or a successor board would need to ultimately take a final action to either ratify or to making the appointment at such time as a vacancy occurs. >> ratification potentially if something was decided upon today. hypothetically, if a different next tuesday. >> that is correct. -- hypothetically, if elected next tuesday. >> that is correct. hypothetically, if the mayor has vacated his curr

that i will support and defend -- >> the constitution of the united states -- >> the constitution of the united states >> and the constitution of the state of california -- >> and the constitution of the state of california >> against allen miss foreign and domestic -- against all enemies foreign and domestic -- >> against allen miss and domestic -- >> that i will bear true faith and aline of scrimmagens. >> that i will bear true faith and aline of scrimmagens >> to the constitution of the united states. >> to the constitution of the united states. >> and to the constitution of the state of california. >> to the constitution of the state of california. >> that i take this obligation freely -- >> without any mental reservation or purpose of evasion -- >> without any mental reservation or purpose of evasion -- >> and that i will well and faithfully -- >> and that i will well and faithfully -- >> discharge the duties upon which i'm about to enter. >> discharge the duties upon which i am about to enter -- >> and during such time -- >> and during such time -- >> as i hold the office of --

solemnly swear to affirm or affirm that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california, that i take this obligation freely, without any mental reservation or purpose of evasion and that i will and faithfully discharge the duties upon which i'm about to enter, and during such time as i hold the office as a member of the board of the code -- >> the board of examiners and whichever seek you are taking -- whichever seat your taking. ok. thank you. commissioner murphy: thank you, commissioners. >> ok, now those that are present that are here to be sworn in for the code advisory committee. you can tell this is the good group for showing up. [laughter] commissioner murphy: we will go from left to right on this one, code advisory. robert wong. wallace -- what is your name? maybe you should step up to the microphone as we do this. >> [inaudible] >> tony lau. >> jim reid. >> mark cunningham, a member at large

if the constitution -- if what the constitution says is what governs, then as of noon on january 3, mayor newsom is the lieutenant governor of california. it would be good to know exactly, under the law, who would be the mayor for the city and county. supervisor alioto-pier? supervisor alioto-pier: i am going to admit, i am a little taken aback. i was not expecting this. the main questions i have in front of me stem around the people we are looking at and the appointment being made. quite frankly, the quality of the nominations, which are extremely high -- as you have all mentioned already. andrew wolfram for historic preservation, has been extremely helpful to me with ada-related issues. richard johns comes highly respected. karl hasz has done a fantastic job. vince courtney, as mentioned earlier, would be a great addition to the puc. henry kamm, herb cohn, relocation. leona bridges, resonate and the call that we have got and show that she is a truly exceptional candidate. leslie katz for the port. these are great appointments and i find it difficult to sit and claimed that the mayor is not properly doing his job by letting us vote fo

. >>> i do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of californiagainst all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california. i take this obligation freely without any mental reservation or purpose of evasion. i will well and faithfully discharge the duties upon which i am about to enter. during such time as i hold the office as a member of the board of supervisors and a member of the transportation authority of the city and county of san francisco. congratulations. [applause] >> congratulations. supervisor chiu: congratulations. it is great to see the new faces. we will now proceed to item number four, the election of the board. i would like to review the nomination rules. a board president is elected when the nominee receives a majority vote. the roll call will been seized. in member may nominate him or herself. only one nomination per supervisor is permitted. a supervisor may withdraw his or her nomination is the nominations are reopen

phil ting, do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies, foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of california, that i take this obligation freely without any mental reservation or purpose of evasion, and that i will well and faithfully discharge the duties upon which i am about to enter, and during such time as i hold the office of assessor- recorder. congratulations. [applause] >> it is perfect when you have kids. they have an alarm clock when they tell you that you have gone on too long. you want to say hello too? first of all, i want to say thank you, first and foremost, to my wife susan, my daughters, and thank you for the wonderful introduction and all the love that you gave to my family. thank you very much. i want to also thank our elected officials, commissioners, department heads, community leaders, friends and family for joining us in our office. it is an honor to have your support and share with you this great day. most im

i do solemnly swear or affirm that i will support and defend the constitution of united states and the constitution of the state of california against all enemies foreign and domestic, that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california that i take this obligation freely and without mental reservation or purpose of evasion and that i will faithfully discharge the duties upon which i am about to enter and during such time as i hold the office as a member of the access appeals commission -- >> and whatever seed you are taking -- whatever seat you are taking. >> it is their oath, not your both. commissioner murphy: i know. i'm asking them. anyway, why don't you let me drive the cars here? that is it. can i hear aye? >> aye. commissioner murphy: congratulations. >> thanks. going to give these to you. now if we could have the members of the board of examiners that our present. we have some members that are not present, but i have let them know that since i have been duly sworn to be able to swear people in, that i will either go to a meeting or have t

. >> do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california. against all enemies foreign and domestic. that i will bear true faith and allegiance to the constitution of the united states and the constitution of the state of california, that i take this obligation freely without any mental reservation or purpose of evasion and that i will well and faithfully discharge the duties upon which i am about to enter. and during such time as i hold the office of mayor for the city and county of san francisco. [cheers and applause] >> thank you very much. board of supervisors, thank you very much for this fantastic opportunity. i also want to make sure that i thank the mayors that i have worked for that are standing with me. mayor brown, wonderful years working with you. i learned a lot and i want to really thank you for the tutelage you have given me, for the guidance, the leadership you have given the city, really appreciate that. to lieutenant governor gavin newsom, your bold, your ideas have inspired me to go beyond just the bureaucratic jobs i have

the city of oakland! >> madame mayor you may respond by saying, i do. >> do solemnly swear to support the constitution of the nine states, the constitution of the california and the charter of to truly performed the best job of mayor of oakland! >> i do! >> jean quan was talking about the community involvement, and cleaning up the community. >> i am honored to serve as your first asian woman mayor for a major american city. my story is is one of oakland. it together, we agreed to create a separate story of a great city. we are born to create a separate story. >> thank you. much. >> and she came out on top. with the new rank -- crime rate is one of the nation's most dangerous with a 40% budget deficit. >> and pamela harris took the oath of office this afternoon. the second california attorney-general the first african-american woman. and in this inauguration she talked about going after organized crime, mortgage fraud. >> let it be clear to anybody who want to madness this state with violence. the gang that plague our streets, the criminals who traffic women and children. to those who prey on the week and the vulnerable justice will be swift and certain in

the open. and most importantly, i will be continuing my efforts to ensure that the constitution of the united states, the constitution of the state of california, the brown act, and the sunshine ordinance are followed in this chamber. nobody sitting on any board in this city has the right to silence free speech. nobody. in fact you took an oath of office to uphold and defend both the constitution of the state of california and that of the united states, and i will be hoping you do so. >> commissioners, good evening. my name is amil lawrence. i have been a resident of the city and county of san francisco for 42 years. i have been through this circus of police chief changes more than once. going loud to the hop, skip and jump into homeland security for 400,000 a year after retiring in this city for 275,000 a year. i came to this commission in january of 2010 with a problem. i directed it to this commission. i directed it to the police chief and he sat there like a fink and didn't move his head. he was inaccessible. he had a phalanx of guard that the hall of justice, wall of telethons and you couldn't talk to him. he drobe around town with a secu

the road. you got it. vince, you got it? i -- do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic and i will bear true faith and allegiance to the same, that i take this obligation freely without any mental reservations or purpose of evasion and that i will well and faithfully discharge the duties of which i am about to enter, and during such time as i hold the position as a member for the city and county of san francisco. congratulations. [applause] >> in this fabulously beautiful persidio national park and near golden gate and running like a scar is this ugly highway. that was built in 1936 at the same time as the bridge and at that time the presidio was an army and they didn't want civilians on their turf. and the road was built high. >> we need access and you have a 70 year-old facility that's inadequate for today's transportation needs. and in addition to that, you have the problem that it wasn't for site extenders. >> the rating for the high viaduct is a higher rating than that collapsed. and it was sapped quite a while before used an

the road. you got it. vince, you got it? i -- do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic and i will bear true faith and allegiance to the same, that i take this obligation freely without any mental reservations or purpose of evasion and that i will well and faithfully discharge the duties of which i am about to enter, and during such time as i hold the position as a member for the city and county of san francisco. congratulations. [applause]

the road. you got it. vince, you got it? i -- do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic and i will bear true faith and allegiance to the same, that i take this obligation freely without any mental reservations or purpose of evasion and that i will well and faithfully discharge the duties of which i am about to enter, and during such time as i hold the position as a member for the city and county of san francisco. congratulations. [applause] >> about four years ago, [inaudible] look at how beautiful this was. there is our relationship to the planet. these regions are the wealthiest, the most powerful. that really has impacted the planet. it is almost impossible now to go anywhere and had it really be completely dark. there are very few locations that you can find. that means our relationship to the sky, there is a way where we dominate the sky. we cannot see anything really. we are blinding ourselves in a way. >> you can look at the images, they are beautiful. when i started four years ago, there was a conversation about environmen

the road. you got it. vince, you got it? i -- do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic and i will bear true faith and allegiance to the same, that i take this obligation freely without any mental reservations or purpose of evasion and that i will well and faithfully discharge the duties of which i am about to enter, and during such time as i hold the position as a member for the city and county of san francisco. congratulations. [applause] [roll call] >> or will be doing our election of officers. this is by voice vote. a second is not needed for nominations and it is permissible to vote for him or herself in this election. nominations are open for the office of the president of the board of education for the year 2000 -- sorry. [inaudible] this is the nominations for the board of education for the year 2011. this is awkward. [laughter] there are no further nominations for the office of the president. if there are no further nominations for the office of the president, nominations are closed. restate the name of the person nominat

the usual routine. you have done this many times. i solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california against all enemies foreign and domestic and that i will bear true faith and allegiance to the same. that i take this obligation freely without any mental reservation or purpose of evasion and that i will well and faithfully discharge the duties upon which i am about to enter. during such time, that i hold the position as the city administrator for the city and county of san francisco. congratulations. [applause] >> thank you very much. >> thank you. thank you very much. >> i am this assistance superintendent for special indication at san francisco unified. we have with us the supervisor from district 8. we have a supervisor from district 9. we have many parents, many staff, and some children. i would like to introduce one of the san francisco unified parents that have worked so hard all week long. [applause] >> i am very happy to be here and celebrating it inclusive school week and i hope that we came momentum and do this every year better and that this blossoms to the state level. c

however, since all of you to the oath to support and defend the constitution of the united states and the constitution of the state of california, you're also required to defend the rights of those here before you in public comment, and the second issue that this case brings up is whether or not you are immune to that. for example, if you are an attorney, and you know because you are an officer of the court that people have freedom of speech, and they have the right to appeal to the government, then you know that that speech is protected, and when they appear before you, no matter what the comments, they are free to say that under the constitution and under state law, the brown act, and under the sunshine ordinance, so as we go through this year, i will be making some commen this board is not reflective of the community. it does not have the experience it needs, and i think anyone who has a case before this board, especially opposed by a city body, it should -- >> thank you. is there any other public comment? seeing none, we will go on to item two, commissioner comments and questions. commissioners? ok, seeing none, adoption of