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December 19, 2011 <br />Page 3 <br />represent the mayor or any officer or employee of the executive branch. <br />(4) In the event that council staff attorneys are authorized to represent the <br />council in litigation, those staff attorneys shall be deemed to have the status <br />of "special counsel" for the purpose of that litigation. <br />[(d)Rel By a simple, affirmative majority vote, the council may authorize the <br />employment of special counsel without express limitation. Furthermore: <br />(1) Such special counsel may advise the council independently of the <br />corporation counsel. <br />(2) Such special counsel may represent the council in litigation where the <br />dispute is with the executive branch and where the corporation counsel may <br />represent the mayor or any officer or employee of the executive branch. <br />Any such authorization shall specify the compensation, if any, to be paid to <br />such special counsel, and the council shall make an appropriation therefor. <br />[(e}]if Compensation, if any, to special counsel employed by the council under this <br />section shall be paid from the budget of: <br />(1) The council if it decides to employ special counsel for its own purpose; or <br />(2) The office of the corporation counsel if: <br />(A) The council determines that a conflict of interest with the <br />corporation counsel exists; <br />(B) The council determines that a conflict of interest with the executive <br />branch exists; or <br />(C) The corporation counsel voluntarily withdraws as a result of its <br />stated conflict of interest with the council." <br />(3) <br />2. Section 3, Section 6 -5.5. Special Counsel, is amended to read: <br />"Section 6 -5.5. Special Counsel. <br />The council may authorize the employment of special counsel without express <br />limitation[:J, as provided in Section 3 -6 of this Charter. Any such authorization shall <br />specify the compensation, if any, to be paid for said services." <br />A draft copy of Bill No. 152, Draft 2, is attached with the proposed amendments incorporated <br />therein. <br />BJF /dkr <br />att. <br />