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minutes 12-08-99Page 12 of 31
<br />SCHEELE: This issue came up a year and a half, two years ago, before the County Council, and I went and testified, partly
<br />as an individual and partly as the Chairman of the Police Commission, against that proposal. Unless the County is prepared to
<br />hire the Commissioners that would do that because it’s a big job right now, even with the time we spend, preparing the Police
<br />Commission meetings, and having Police Commission meetings, that you would almost, I think, have to have full time, paid
<br />people to oversee those three departments. Right now, with the Planning Commission, and the time that they put in -
<br />M. HERKES: Let’s go back to the Police and Fire. We have the Police Chief under the Mayor. We have the Fire Department
<br />under the Managing Director. That doesn’t make any sense to me, so I’d like to see how we can make it work better. How we
<br />can make it run better.
<br />SCHEELE: If you’re going to have it under a Commission, I think that Commission’s going to have to be paid people. I can’t
<br />think of anybody who would be willing to volunteer the amount of time it would be necessary to oversee that, plus, I think
<br />that those positions, or those departments, are a little bit too diversified to have under one. The Police Department deals a lot
<br />with the public. If your house is burning, you are thrilled to see the Fire Department show up, but that’s not always the case
<br />with people dealing with the Police Department, and so they have a lot of complaints with the Police, whereas I don’t hear
<br />anybody complaining about the Fire personnel. Is the other one the Civil Defense? Is that the other one that ends up under
<br />there?
<br />M. HERKES: And then there’s EMS. We can go on and on and on. I’m thinking of it from my standpoint. They’re providing
<br />public safety for me, and in that standpoint, it makes more sense if they’re bundled, but it may not make sense in the long
<br />run. And also, there’s less chance of creating power towers in that way.
<br />RAY: Steve, you had a question?
<br />BESS: Yes. In listening to you, it seems to me that what you’re saying is that you want to become a policy making
<br />Commission; you want accountability of the Chief that’s not there right now; and you want to have more of a voice in the
<br />budget process, as well as the legislative process, to the extent that proposed legislation adversely impacts your function as a
<br />Police Commission. I’m not sure I understand. This whole issue of the Corporation Counsel and the conflicts inherent in
<br />Commission vs. Department, that’s present elsewhere within the County. I mean, it’s been a perceived problem for a long
<br />time, and an actual problem for a long time. My question is if we were to provide for those three things; policy making, Chief
<br />accountability, more control over budget and legislative process, and so that the Corp Counsel would be clear about what
<br />your authority is, would that solve the problem rather than having you to go ahead and have the authority to get an outside
<br />counsel. And just as a footnote, let me just say this, and Chris, you correct me if I’m wrong, but it’s not only a function of
<br />their budget that precludes them from hiring outside counsel, but the provisions relating to the Corporation Counsel, and the
<br />language in there that says ‘he shall be the chief legal officer for all agencies’, and so, there would be a necessity to
<br />specifically amend the Charter that would provide them with that authority to appoint their own counsel, under certain
<br />circumstances.
<br />YUEN: Yes, under the present Charter, hiring outside counsel requires a vote by the County Council.
<br />SCHEELE: I believe, though, that the Civil Service Commission has an Attorney General assigned to them. There is a Corp
<br />Counsel that represents the Civil Service Department and then there is an Attorney General that represents the Commission.
<br />M. HERKES: You think you’ve got problems now.
<br />BESS: I’m sorry that I confused the issue, but coming back to it, am I hearing it right about what your concerns are?
<br />J. HERKES: I believe that you are. As far as legislation is concerned, again, before session starts, there is a coalition that is
<br />doing bills now. It’s not a matter of a last minute issue that’s on the table, and where’s the Police Commission, or is the
<br />Police Department voicing what the Police Commission and/or the public really wants for that County. So, I think that what I
<br />read in minutes past, you were concerned, or someone was concerned about last minute decisions. Well, it doesn’t work that
<br />way. The coalition has already started. There’s legislation being drafted for the upcoming session, so it’s not a matter of a last
<br />minute decision that are we able to do, or how quick are we on our feet.
<br />RAY: George.
<br />MARTIN: Thank you, Mr. Chair. I have, pretty much, a simple question and it relates to, if in fact, you were to get powers,
<br />and I don’t really see it being much powers; it’s more following the book that’s in existence. How would you settle a
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