1995 Army Team Lead Desk Material - Adds to List Hearing, May 21, 1993 Page: 82 of 222
This legal document is part of the collection entitled: Defense Base Closure and Realignment Commission and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
- Highlighting
- Highlighting On/Off
- Color:
- Adjust Image
- Rotate Left
- Rotate Right
- Brightness, Contrast, etc. (Experimental)
- Cropping Tool
- Download Sizes
- Preview all sizes/dimensions or...
- Download Thumbnail
- Download Small
- Download Medium
- Download Large
- High Resolution Files
- IIIF Image JSON
- IIIF Image URL
- Accessibility
- View Extracted Text
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
PageSaver
DEFENSE BASE CLOSURE COMMISSION
9 single issue that we hopefully disposed of in prior
10 commissions.
11 The '91 Commission had the same problem before it,
12 with respect to the work of the Commission in 1988. And I
13 think in all but maybe one category, and perhaps all
14 circumstances, it rejected efforts by communities to revisit
15 the work of the 1988 Commission. There's a public policy, a
16 real strong one, and there should be finality to this
17 process; otherwise, every Commission will not only have the
18 new recommendations to consider, but all that was considered
19 in prior years.
20 You don't want to make, as far as I'm concerned, a
21 hard and fast legal rule, in that there's always radical
22 change, circumstances, there's new arguments, there's new
Page 691 of 880 Pages
1 missions. And, therefore, there may be extraordinary
2 reasons that would compel one Commission to revisit the work
3 of a prior Commission.
4 From a standpoint of a legal argument, I suppose
5 - and I know -- that our counsel could come up with what she
6 thinks is a defensible position, saying that the work of a
7 prior Commission disposes of the issue, as long as you're
8 dealing with the issue of a potential reopening. I think on
9 the theory that the Base Closing Commission came into
10 existence because of the gridlock, not in opening bases --
I1 most people want the extra jobs -- but the gridlock that
12 occurred when bases were proposed to be closed because of
13 the economic impact on communities.
14 And, therefore, an examination of the statutory
15 language doesn't clearly articulate any legal authority for
16 the Commission to open bases. That's really a function ofOPEN MEETING:Friday, May 21, 1993
17
18
19
20
21
22the Secretary of Defense. Also, a review of the legislative
history doesn't reveal any Congressional concern with
respect to the need to have a Commission to open base
also the public policy argument that when something is
disposed of, it should be disposed of.
There's lots of legal arguments that could bePage 692 of 880 Pages
1 made, I would imagine, and that would be defensible. They
2 maybe wouldn't prevail in court, but you could argue them in
3 court of such that we should not take up a base that we
4 closed in 1991.
5 The Commission, clearly, has not decided to hide
6 behind a coherently argued legal paper. What we have
7 decided to do is to confront the issue, and we confronted it
8 earlier today with regard to one facility in Califorr=-
9 And I would like some discussion, sometime, as we'r ,ng
10 with these large bases on the East Coast, to confront the
11 issue with regard to Loring.
12 And so, while we're listening to Frank Cirillo, I
13 just want to make sure the commissioners know of my concerns
14 and my thinking. What we want to do is to be totally fair
15 to all communities, but also we want to march on and get the
16 important work done of creating efficiencies in the
17 infrastructure in the United States.
18 So I just bring that up for discussion, and we can
19 discuss it a little bit later.
20 But why don't you proceed.
21 COMMISSIONER STUART: Mr. Chairman, would you like
22 discussion now?
Page 693 of 880 PagePaae 130 of 201 Paqes
Diversified Reporting Services, Inc. - (202) 296-2929
I
Upcoming Pages
Here’s what’s next.
Search Inside
This document can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View 10 places within this document that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Legal Document.
United States. Defense Base Closure and Realignment Commission. 1995 Army Team Lead Desk Material - Adds to List Hearing, May 21, 1993, legal document, February 17, 2006; (https://digital.library.unt.edu/ark:/67531/metadc25520/m1/82/?q=food+rule+for+unt+students: accessed July 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.