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8- <br />15966623.1 <br />Section 7. Organization <br />a) East Bay Dischargers Authority Commission <br />The Authority will be governed by a five-member Commission, which will exercise all <br />powers and authority on behalf of the Authority. <br />b) Members <br />The Commission will consist of five members, one from each Agency (“member” or <br />commissioner”). Each Agency will appoint one person to act as its representative as a member <br />of the Commission and one person as an alternate member to serve in the absence of the <br />Agency's member. Each member and alternate will hold office from the first meeting of the <br />Commission after their appointment by the Agency which they represent until their successor is <br />selected. Each member and alternate will serve at the pleasure of the Agency which they <br />represent and may be removed at any time, with or without cause, in the sole discretion of the <br />Agency's governing body. <br />Each member and alternate must be a member of the governing body of the Agency <br />which they represent. Each Agency will be empowered to vote through its designated member <br />or alternate, but only the member or the alternate may vote on a given action. <br />c) Voting <br />Approval by: (a) three or more commissioners; and (b) greater than fifty percent of the <br />weighted votes based on Maximum Flow Rate Capacity is required to adopt any action, except as <br />set forth in subsections (2) and (3) below. <br />1) Commissioner and Weighted Voting Calculations <br />Every action will be subject to two vote calculations. The first is a calculation of <br />the commissioners' votes, and each commissioner is allocated one vote. The second is a <br />calculation of weighted votes based on the Maximum Flow Rate Capacity, and the <br />commissioners will be allocated votes as set forth in Schedule E. <br />In the event that one or more Agencies’ Maximum Flow Rate Capacity is <br />increased pursuant to Section 11(d), the General Manager will recalculate the percentages set <br />forth in Schedule E and such revisions will be automatically incorporated in this Agreement. <br />2) Actions Requiring Unanimous Approval