If that is the case that why was Jon allowed to vote in the
Posted on: July 28, 2016 at 10:39:26 CT
doughboy
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last BOC meeting?
Using the SCOTUS example - the nominated justice doesn't sit on the bench until confirmed. With the BOC the recess appointee does act as a full member (attending meetings, voting) though they're not confirmed. The only way that example is the same is if, using current example, Merrick Garland could sit on the bench and hear cases as a justice until he's confirmed or the next president makes their selection.
The bylaw is silent as to what constitutes a member outside of "duly appointed and qualified as by law"
We know he was duly appointed but what exactly is qualified by law? Does that mean Senate confirmation or does it mean Jon meets the basic legal requirements - resident of the district he's been appointed to represent and fulfills the political party balance requirement. I don't know what the answer is to that one.