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MIN CHC 1989-01-25
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MIN CHC 1989-01-25
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Last modified
4/24/2018 3:00:31 PM
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4/9/2018 10:03:56 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
1/25/1989
Type
MIN
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AGE CHC 1989-01-25
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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there, and the ambulance just goes along its normal course , but <br /> didn' t reach the patient in time and unfortunately the patient <br /> died, now the patient is suing the County , saying that you. . .but <br /> for your slowness and things like that , not even. . .or, you could <br /> have a 911 and things like that , the patient gonna die. <br /> Generally , a government municipality will not be responsible ; <br /> however, if the dispatcher told the caller that , don' t worry, <br /> we ' ll be there in five minutes , and the ambulance then arrives in <br /> ten minutes, and the patient died in this beyond five minutes , <br /> then, because of the representation, that is creation of a special <br /> relationship--that kind of representation. And , therefore, in <br /> answer to his question, generally the mere failure of a public <br /> official to execute his duties would) not be deemed that the <br /> person. . .or public official is responsible. I say generally. <br /> Now if he violates a specific statute that says you must do <br /> this and they don' t, well see, the statute creates that duty and <br /> standard and under the law, the violation of that statute , if you <br /> can show certain elements, raises presumptions of negligence and <br /> infers that that person is negligent . . .the government official is <br /> negligent. And we have that kind of a situation. <br /> But, in response to the Police Commission, the mere failure <br /> to act without (inaudible) would not. . .I don ' t think any court <br /> would find the commission responsible. Certainly , I'm not talking <br /> about the public outcry ; that ' s a different story. <br /> BETHEA: Ron, while you 're talking about these departments , <br /> one of the things that I noticed is that I never could make the <br /> connection of how Public Works , Parks & Recreation exactly got <br /> under the managing director. I only saw the Charter, but. . .the <br /> thing that. . .as you said , with respect to all of the departments , <br /> the things that tied them together, even those operating under <br /> commission, is the general statement that they come under the <br /> general supervision and control of the mayor. I noticed that with <br /> respect to Public Works , Parks & Recreation and the Fire <br /> Department, that their. . .that that language was not there. And <br /> what it really seemed to be with respect to those two <br /> parties. . .those three departments that there were a lot more <br /> Council control in that the power of duties and functions are <br /> prescribed by ordinance. <br /> IBARRA: That ' s right. <br /> BETHEA : With respect to the Civil Service Commission, you <br /> have state statutes which control a lot of their activities. With <br /> respect to the Police Department , the Chief, the Chief is the <br /> administrative officer and he makes a lot of those decisions and <br /> they aren ' t decisions that are made by the Council, so there seems <br /> to be kind of another variable in there in that those three <br /> departments are subject really (inaudible) pretty closely to the <br /> County Council, what the the County Council decides. And they <br /> don' t have that connecting line that , you now, subject to the <br /> general supervision of the mayor. Is that because they fall under <br /> 40 <br />
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