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MIN CHC 1989-05-17
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MIN CHC 1989-05-17
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7/19/2018 10:49:51 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
5/17/1989
Type
MIN
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AGE CHC 1989-05-17
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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much discretion we have. For example, in your proposed <br /> Section 7-1 .4 , powers , duties and functions , I don' t see <br /> it set out there that you have the authority to appoint <br /> the deputy director. <br /> LUKE: You ' re right , Mr. Chairman, it doesn' t appear <br /> here, but I have that authority under state law <br /> (inaudible) your assessment (inaudible) . <br /> BETHEA: Yeah. It seems to me that maybe we' re <br /> dealing here with a computer department that is <br /> controlled to a much greater degree by state law than, <br /> for example, other departments. And that maybe we should <br /> be, if we' re trying to achieve some long-term consistency <br /> with state law, maybe we need another sort of a complete <br /> wack at it to decide what functions are controlled by <br /> state law (inaudible) section. We might ask counsel to <br /> look at that. There may be some very short way to do <br /> this that. . .when you examine the state statutes , there <br /> may be a very simple way to accomplish all of this and <br /> have it responsive to state law changes over which we <br /> have no control . <br /> I don' t wanna skip over addressing the question that <br /> you raised about so many housekeeping things and how do <br /> we differentiate it when we are going to recommend <br /> changes in the Charter. I 've also worried about that <br /> because I think if we do our job carefully, they' re going <br /> to be lots of inconsistencies that should be ironed out. <br /> However, I think that ' s one of our functions , to try to <br /> iron them out , to try to clear up areas so that the <br /> County clerk doesn' t have to fumble around and try to <br /> come up and invent something. I frankly don' t know how <br /> to handle that either. <br /> I also came to the realization that no matter how <br /> well we do our job, all we can do is to recommend a <br /> specific change. And we may recommend a specific change <br /> that is not adopted. In which case, there is no <br /> alternate clearer language, and so we ' re gonna be back in <br /> the confusion. In other words , this commission can do <br /> the best job in the world of trying to end up with a <br /> clean document , but if certain provisions are rejected by <br /> the electorate, then they' re thrown back into the <br /> confused state that they are now. So I think all we can <br /> do is the best we can. But I have no ready answer to it; <br /> I thought (inaudible) . <br /> I 'm sorry for the interruption, and please proceed. <br /> LUKE: I might make one comment which. . . that is , it <br /> is true that we are governed by. . . largely by state law. <br /> However, anything in the Charter that does not conflict <br /> with state law, it ' s also applicable. And if the <br /> Charter, Article 7, is intended to serve as a guide from <br /> the County standpoint as to what the important duties of <br /> 362 <br />
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