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GRAHAM: I think the `maladministration' is clear. The `malfeasance' sounds <br />• like when you first said it, you were sort of saying it's neglecting. It's more than <br />neglecting or it's only neglecting? <br />BESS: It is neglecting a duty. <br />GRAHAM: But that's all, right? <br />BESS: Or, it can be where you have a duty and you haven't performed <br />that duty as you should perform that duty. <br />GRAHAM: Well, that sounds real tricky. That sounds more like <br />'maladministration' when you say you should perform it. <br />BESS: I think if you stay with the idea that `maladministration' is just a <br />criticism, a difference of opinion, as to how one might administer government - <br />GRAHAM: Right. <br />BESS: Vs. where one is in violation of a duty that is clearly prescribed by <br />law, and you fail to perform that. <br />RAY: The next is Special Counsel. This was a recommendation by Corp <br />Counsel to create a potential conflict. Right now in the Charter, the Council has to <br />approve the hiring of special counsel, and there could arise a situation where <br />Corporation Counsel would be required, under bargaining laws and by the Police <br />Commission, to provide a special counsel, and if the County Council didn't want to <br />support that, it would put them in an untenable position. Is that right, Steve? <br />BESS: Yes. <br />RAY: So, they're recommending that, if they are required to provide <br />special counsel, that it not be subject to Council approval. <br />Board of Appeals. This is one that is connected to the idea of this Division of <br />Permitting, moving it out of the Planning Department into Public Works, or wherever. <br />So the Planning Department suggested we move the Board of Appeals, and we <br />decided a place to move it might be Corporation Counsel, and that's what this suggests <br />doing here. This one is very much under discussion, whether it makes sense to do this <br />now since we're not moving the subdivision duties. We're just allowing that so does it <br />really make sense to go ahead and move the Board of Appeals yet, if we're not doing <br />it? And then some other discussions came about is that if we were to move the Board of <br />Appeals, maybe just from a lease conflict and pure administrative standpoint, the best <br />place might be to move it under the Mayor's Office and just have them administer it. It's <br />really just an administrative back-up function, is what they need. But anyway, that <br />one's still very much up in the air now. <br />6 <br />