BIL 152 Draft 01 2010-2012 - Laserfiche WebLink

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department heads in the executive branch, with the exception of the office of the legislative auditor. Lc) By a simple affirmative majority vote the council may hire its own council staff attorneys without express limitation. Furthermore: Council staff attorneys shall be appointed positions and report to the county clerk. (2) Council staff attorneys may advise the council independently of the corporation counsel. (3) Council staff attorneys mayrepresent the council in litigation where the dispute is with the executive branch and where the corporation counsel may represent the mayor or any officer or employee of the executive branch. (4) In the event that council staff attorneys are authorized to represent the council in litigation those staff attorneys shall be deemed to have the status of "special counsel" for the purpose of that litigation. (d) By a simple affirmative majority vote the council may authorize the employment of special counsel without express limitation. Furthermore: (1) Such special counsel may advise the council independently of the corporation counsel. Such special counsel may represent the council in litigation where the dispute is with the executive branch and where the corporation counsel may represent the mayor or any officer or employee of the executive branch. (3) Any such authorization shall specify the compensation if any, to be paid to such special counsel and the council shall make an appropriation therefor. (e) Compensation if any, to special counsel employed by the council under this section shall be paid from the budget of: CD The council if it decides to employ special counsel for its own purpose; or (2) The office of the corporation counsel if: (A) The council determines that a conflict of interest with the corporation counsel exists; The council determines that a conflict of interest with the executive branch exists; or (Q The corporation counsel voluntarily withdraws as a result of its stated conflict of interest with the council." SECTION 3. Article VI, chapter 5, section 6-5.5, of the Hawaii County Charter (2010 Edition), is amended to read as follows: "Section 6-5.5. Special Counsel. employment 1 1 f o aatter- o o „ling . real ., o sty f« e.h Fr „J, �� l ,,, 1 p« employment. n sueh authorization the r y r for- sai sery ees ] The council may authorize the employment of special counsel without express limitation. Anv such authorization shall specify the compensation, if any, aid for said services."