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MS. OSBORNE: I'm having a little bit of trouble with that sentence, because if you are putting in the "corporation counsel" but then right after the comma then "the clerk shall give the committee notice...." CHR. HAITSUKA: I think the front portion of that provision is who proposes alternative language. Right now it is going to be proposed by the clerk, the suggestion is to add in the corporation counsel too; so the corporation counsel has the ability to propose alternative language to the committee. But ultimately the clerk is the communicator with the committee. MR. SHUMWAY: My question would be why would we need to add corporation counsel? Because the clerk could, like Ms. Hecht suggests, consult him. CHR. HAITSUKA: They are assuming that the corporation counsel is involved in the process. Why not make it without an assumption, and just put it in there, so he has that ability. I don't think we should go on an assumption. MR. SHUMWAY: But currently it's "or," you're suggested language; so it is not required. CHR. HAITSUKA: It's not mandated, but they have the ability. MR. SHUMWAY: But they do anyways, without that wording. CHR. HAITSUKA: But it is only assumed, this way they are going to have the direct ability to make a comment. Right now, if we don't put it in, the clerk can propose language, but not the corporation counsel. So, do I have a motion? No? Alright, let's move on to the discussion that was brought up by the county clerk, Section 15 -5(c). This relates back to that other provision because as Mr. Goodenow said, although the committee, under 15 -4, has the ultimate decision on the form of the petition, 15 -5(c) says that the petition is not going to be certified under certain circumstances; one being that the petition proposes an amendment or revision not subject to the powers of this article. So someone makes that determination. What is lacking here is who makes that determination. I think Mr. Goodenow assumes it is him. It doesn't say specifically here, and our attorney's advice is to put it down in this particular section; who actually makes that decision. Right now, we don't know who makes it. The suggestion was to add the language at the end, "... as determined by the corporation counsel." That way it is clear as to who makes that determination. MS. JARMAN: The reason I actually kind of like that is because when I was the clerk I had to make that decision, and I was an attorney, which helped, but I wasn't necessarily familiar with that particular issue which happened to be a criminal and constitutional issue. So I consulted with corporation counsel, but ultimately I was the one that was responsible. This really is a legal question, so I wouldn't mind having it be corporation counsel making that decision; not all clerks are going to have legal training. 29