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Council has refused to hire Special Counsel where Corp Counsel had a conflict of <br />interest. I don't know how much debate and how much difficulty there was in getting the <br />Council to that point, but I don't think the Council actually refused to do it. <br />RAY: Thatwas my understanding from Mr. Wurdeman, that he thought <br />this was a problem that might arise in the future, but it hadn't occurred in the past, if <br />that makes any difference. <br />SANTANGELO: But just one more question. The reason that I did support this is <br />we had something similar come up to the Council, as you may remember, Mr. Ray, in <br />which we've never had pay raises disputed either, and we would have pay raises <br />negotiated through binding arbitration even come before the Council and, as an elected <br />body, we had to vote on that, which meant that we had the right to vote yes or no. And <br />in one case we did eventually vote no which caused a huge problem. I'm totally willing <br />to vote it down but my only problem with it was that should that arise, you need to <br />supply Counsel for these individuals, you need to hire them, and you could get into a <br />situation where we did. Now, if it's never been a problem — But that was where I <br />struggled with this. <br />IRVINE: John, the present wording allows the County Council to hire <br />counsel. We're just saying that the Corp Council may employ Special Counsel. <br />SANTANGELO: Just to explain. There's situations in which Corp Counsel can't <br />defend, but the County needs to defend that person. And they need to hire that <br />attorney. Okay? <br />IRVINE: Right. <br />SANTANGELO: So you need to get Council approval. Okay? <br />IRVINE: Right. <br />SANTANGELO: If the Council says no, but you're obligated by law to do it, but your <br />lawmaker doesn't, now you've got a real dilemma. <br />IRVINE: It says 'the Council may, by two-thirds vote of its entire <br />membership, authorize — <br />RAY: But it may not, as well. <br />SANTANGELO: It may not, and yet you're still legally obliged to defend these <br />people. <br />IRVINE: Well, then they're acting outside the law if they don't because it <br />says in impeachment cases, that the County cannot defend, etc. <br />25 <br />