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• <br />HERKES: I move that we eliminate Special Counsel, number 13. <br />YOSHIYAMA: Second. <br />RAY: Discussion. <br />IRVINE: I think it's entirely appropriate to remove it in light of the fact that <br />think it was pointed out to us that the Corporation Counsel shouldn't be the ones hiring <br />the attorneys for the other side, so to speak. That the County Counsel themselves <br />should probably do that. <br />RAY: That's really a different issue, but — <br />IRVINE: No. That was my feeling. I often have a different take. <br />RAY: Any other discussion on eliminating amendment number 13 in <br />regard to the Special Counsel? This was brought forth by Corporation Counsel. <br />SANTANGELO: Mr. Chair, is it appropriate for Mr. Yuen to refresh our memory on <br />that for some of the group, maybe, because I see it a little different? <br />YUEN: Presently the Charter requires that if the County is going to hire <br />any attorneys other than Corp Counsel, that the hiring of that attorney specifically be <br />authorized by the County Council. So Corp Counsel has to go to County Council to <br />request that other attorneys be hired. There are situations where Corporation Counsel <br />is definitely prohibited from representing officers and employees of the County because <br />of ethical requirements of attorneys, and so they simply cannot represent those officers <br />or employees. However, the County is required to provide counsel for them. There are <br />situations where Police Officers are legally required to be represented by counsel paid <br />for by the County, for example; What the amendment would do, if it were enacted, the <br />Corp Counsel, in those situations where they have a conflict of interest, they would not <br />have to specifically go to the County Council for the authorization as long as there had <br />been a blanket appropriation of money for that purpose. They could use that <br />appropriation and hire the attorney on their own authority without going to the Council. <br />SANTANGELO: Thank you. And that's where the conflict comes in with me. <br />Former Councilman Ray and myself both sat on Councils that went into Executive <br />Session. We dealt with things like this, I think it was in Executive Session, but it seems <br />so confusing. It's a matter of a technical thing, and if we have room going out to the <br />people, I would support this being on because it does have merit. But I have seen most <br />people misunderstand this and it is difficult to explain. <br />RAY: Mr. Yuen, to the best of your knowledge, has this ever been a <br />problem in the past? <br />YUEN: Well, I don't know if it's been a problem. I don't think that the <br />24 <br />