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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
3/6/2018 2:57:06 PM
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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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IRVINE: Okay. <br />WURDEMAN: Not as many questions as I thought. <br />YUEN: I have a question. <br />RAY: Mr. Yuen. <br />YUEN: I'm trying to figure out how to do this without, and where the money <br />is coming from, if the Council doesn't authorize it. Is there some general contingency <br />fund that would be available? The money has to be appropriated for some purpose. I'm <br />wondering if the section could be reworded so that the Council could make an <br />appropriation with the budget for the hiring of attorneys in a conflict of interest situation <br />without a specific matter being presented to it so that that could be then drawn on by <br />Corp Counsel when they felt that they were required to provide an attorney? I think, as <br />is presently worded, you have to go to Council with every specific request and then you <br />get tied up into the facts of a particular case where they may be unsavory to the <br />Council to appropriate the money for this particular employee and I think that is the way <br />it works now. I'm wondering if we found a way to reword this so that in situations like <br />you discussed, the Corp Counsel could go, as part of their regular budget request, to <br />the Council and have a lump sum that would be available for hiring attorneys in conflict <br />• of interest situations, if that would alleviate the problem enough? Otherwise, then <br />you'd have to find some other fund from which this is drawn even if you give Corp <br />Counsel the power to hire "special counsel" in these kinds of situations. <br />WURDEMAN: Right. Well, presently we have a line item in every budget for <br />"special counsel" and there is a lump sum there. So we go to Council once a year, at <br />budget time, and we argue for that and they hardly ever raise it. They lower it and we <br />dicker about that and the budget is passed with that lump sum in there. Then as an <br />individual case arises, we go back. To make it even worse, in some cases we'll go <br />back and they'll say well, you're authorized to hire "special counsel" up to $15,000 or <br />something. And then we say okay. So we retain someone and we write into the <br />contract that there's a cap of $15,000 which always turns out to be inadequate and we <br />have to go back to the Council again and by this time, the case is half way completed <br />and it's really impractical. I mean, you've got a lawyer who's involved in the case and <br />$15,000 has been expended, trial's next week, we're out of money. I mean what are <br />you going to do? You can't change horses at that point so it's not a very good system. <br />BESS: Mr. Chairman. <br />RAY: Wait. That's not quite the way it works. I was on the County <br />Council and been involved in a number of these and it seems that the Corporation <br />Counsel frequently uses the County Council as sort of a leverage or bargaining tool <br />
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