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COM 0482.006 2010-2012
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COM 0482.006 2010-2012
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Last modified
1/23/2012 3:40:23 PM
Creation date
1/4/2012 8:28:14 AM
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Communications
Communications - Type
COM
Communications - Council Term
2010-2012
Communication
0482
Point
006
Author
Lincoln S. T. Ashida, Corporation Counsel
Communications - Referred To
COUNCIL
Comments
Council: Close file - 01/20/12
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AGE COUNCIL 01/20/2012 2010-2012
(Related To)
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\Council Records\Agendas\2010-2012\Council
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Mr. Dominic Yagong <br />January 3, 2012 <br />Page 2 <br />This is simple. It is not confusing. It makes clear the Council does not <br />need any authority other than the super majority vote of its membership. In fact, <br />it goes even farther than Bill 152 (Draft 2) originally intended, since there is no <br />requirement there be a determination of a conflict of interest or other triggering <br />event in order for the Council to hire special counsel. <br />2. Leave Article IV, Chapter 5, Section 6 -5.5 of our Charter alone. This <br />section currently provides as follows: <br />The council may, by two thirds vote of its entire membership, authorize the <br />employment of special counsel for any special matter presenting a real <br />necessity for such employment. Any such authorization shall specify the <br />compensation, if any, to be paid for said services. <br />Leaving this section as is ensures administration personnel may have <br />special counsel hired to represent them, so long as there is a real necessity, and <br />the Council approves it (these are the checks and balances necessary for <br />healthy government). <br />Finally, there is no need to include "staff attorneys" in any Charter <br />amendment, since the Council currently enjoys the authority under State law to <br />create positions they deem necessary. In fact, there is currently a legal specialist <br />position that remains unfunded by the Council. <br />Very truly yours, <br />Ashida, Lincoln <br />Jan 4 2012 8:05 AM <br />LINCOLN S. T. ASHIDA <br />Corporation Counsel <br />
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