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MIN CHC 1999-08-11
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MIN CHC 1999-08-11
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Last modified
10/9/2018 11:25:10 AM
Creation date
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1999
Meeting date
8/11/1999
Type
MIN
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AGE CHC 1999-08-11 SP MTG
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\County Clerk - Council\County Clerk\Charter Commission\2000\Agendas
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defined as "counsel retained to represent the County" and not include in the definition <br />those cases where we have to hire people to represent individuals. That's pretty <br />complex stuff and I'm sure there's questions and I'll be glad to answer them. <br />RAY: Ms. Irvine. <br />IRVINE: I wonder why should it take two-thirds a vote of the County Council <br />for you to hire an outside person in the first place, for any reason? <br />WURDEMAN: I don't know. That's what it currently reads. <br />HERKES: So if you're caught in between the Union and the Council - <br />WURDEMAN: And the Police Commission. <br />HERKES: And the Police Commission, or Parks and Rec, or somewhere else <br />and other places - <br />WURDEMAN: The Police Commission, that's set up in State law. State law also <br />has a provision for firefighters which says that when a firefighter is acting within the <br />course of scope of his employment, counsel will be provided but it doesn't say how <br />• that's determined, who decides that. Most of the Union Contracts say the same thing. <br />They say course of scope, we provide counsel and that's fine. I agree with that. It's <br />proper. But when you get into an argument about whether the gray area, when a <br />person is on the edge of course of scope, that's when we get into a difficult situation. <br />For example, if the Union would come to us and say look, we think this guy was in the <br />course of scope, we're going to grieve it. We say no he wasn't. Then we get into a <br />discussion. Meanwhile the case is moving along. I mean, is the person going to get a <br />lawyer or not and we say, well, all right, we agree with the Union. We'll provide a <br />lawyer. Then we go to the Council and they turn us down. Then what? Real potential <br />for crisis there. <br />IRVINE: Is "special counsel" something defined or would it be better just to <br />say that counsel may authorize the employment of additional counsel for any matter <br />presenting a real necessity for such employment? <br />WURDEMAN: Well, "special counsel" - <br />IRVINE: Is that a term? <br />WURDEMAN: Is commonly used to mean someone outside the office. <br />HERKES: Just like a special prosecutor. <br />
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