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corporation counsel may have an assistant corporation counsel , <br /> that the corporation counsel should have the power to appoint <br /> an assistant corporation counsel and deputy corporation <br /> counsels and necessary staff as shall be authorized by the <br /> counsel . Such appointees shall be attorneys, licensed to <br /> practice and in good standing before the Supreme Court of the <br /> State of Hawaii and shall be in the exempt class of Civil <br /> Service and shall serve at the pleasure of the corporation <br /> counsel. That is paraphrasing Maui County' s Section 8-2.4 <br /> of their Charter. <br /> MR. SCHUTTE : You are going to give us a <br /> written copy of your recommendations? <br /> MR. BESS : I will . But, basically, what it <br /> does , it just amends the Charter to reflect what really is. <br /> We have an assistant corporation counsel and we have several <br /> deputy corporation counsels. As far as any other amendments <br /> to the Section relating to corporation counsel I think that <br /> the Charter can remain as it is. I know that one issue that <br /> has come up in the paper numerous times and came up in the <br /> paper last week with the mayor, is the question as to whether <br /> or not the County Council ought to have an attorney of their <br /> own. I strongly believe that the County Council ought to have <br /> a counsel services staff. One of the members of that staff <br /> ought to be a licensed attorney before the Supreme Court of <br /> the State of Hawaii. However, I do not believe that the <br /> Charter needs to be amended ho accomplish this that the <br /> council should have the prerogative to appoint that kind of <br /> staff to assist it. However, it has to be pointed out that <br /> the corporation counsel should remain the chief legal advisor <br /> to the county. I think what is often forgotten is the fact that the <br /> corporation counsel is advising a municipal corporation. We are <br /> but one entity. There are several agencies, several departments <br /> but perhaps in analogizing it to a private corporation such as <br /> Xerox, a legal issue may arise that may affect more than one <br /> department. The Research and Development Department may affect <br /> the President of the corporation but private corporations do not <br /> provide for attorneys to be assigned to each department and to act <br /> toward each other in an adversary manner. There is but one legal <br /> counsel . . .One legal voice for Xerox Corporation. Now they may <br /> have a battery of attorneys but the point is that it is but one <br /> entity so that what I 'm saying here is that even though the <br /> council may see fit to appoint a staff attorney, the corporation <br /> counsel would be the one who would be responsible for all matters, <br /> litigation matters to determine whether or not it is advisable <br /> to settle a case. Of course, in certain instances he has to go <br /> to the council for approval on his recommendation to settle a <br /> case. But there should be but one attorney deciding what the <br /> strategy of the case is going to be. In addition , the <br /> corporation counsel should be the person to determine any legal <br /> matter before the corporation that does not involve litigation. <br /> If you need a legal opinion as to what an ordinance says, the <br /> corporation counsel should have final word. <br /> -27- <br />