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MIN CHC 1989-06-07
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MIN CHC 1989-06-07
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7/19/2018 10:49:51 AM
Creation date
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1989
Meeting date
6/7/1989
Type
MIN
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AGE CHC 1989-06-07
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\County Clerk - Council\County Clerk\Charter Commission\1990\Agendas
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Chairman Bethea summarized the <br /> comments by saying that the difference is that <br /> the old person continues in office until someone <br /> else is appointed and confirmed; and other <br /> department heads take office when they' re <br /> appointed and qualified. <br /> Ms . Cushnie offered that it might be a <br /> sensitive position which the County could not <br /> function without unless the person were <br /> appointed, qualified and confirmed by Council . <br /> Attorney Miyamoto said if a new <br /> counsel isn' t appointed within three months , the <br /> assistant becomes Acting Corporation Counsel . <br /> Chairman Bethea said the commission needs <br /> to consider: 1) swearing in before Council <br /> confirms department heads? be qualified? 2) <br /> whether Corporation Counsel should be treated <br /> differently from the rest? 3 ) consider the <br /> 3-month issues raised by Ms. Poppe. <br /> 2. Legal process. Attorney Miyamoto also 3. Create new section <br /> recommended that if Section 5-2. 6 were deleted, for service of <br /> a new 5-2 . 6 could be created re service: "Legal legal documents on <br /> process against the County shall be served upon all attorneys. <br /> the corporation counsel or any of the <br /> deputies. " Nothing appears in the Charter at <br /> the moment. H.R. S. , 46-71 says "corporation <br /> counsel" or "deputies" , as provided by Charter. <br /> Ms. Cushnie and Chairman Bethea discussed. <br /> 3 . Special counsel . Attorney Miyamoto <br /> wishes Section 5-2. 5 be amended by adding a new <br /> sentence: "Any special counsel appointed under 4. Add that special <br /> this section shall be a subo 'rdinat`e of the cor- counsels are <br /> poration counsel . " He expressed some reserva subordinate to <br /> tions about how this amendment would work in Corp. Counsel. <br /> impeachment proceedings and suggested further <br /> research by the commission-' s attorney . <br /> Chairman Bethea thought Corporation <br /> Counsel should select special counsel. Attorney <br /> p <br /> Yuen mentioned that there might be a distinction between <br /> "special counsel," where someone might be hired to add a <br /> particular expertise, and "independent counsel," where <br /> some County entity might want to hire an attorney to be <br /> independent of Corporation Counsel. <br /> Dr . Juvik suggested that the whole <br /> reason for hiring special counsel would be a <br /> conflict between administration and Council. <br /> Attorney Miyamoto suggested that this <br /> 430 <br />
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