Laserfiche WebLink
MR. CADINHA: Mr. Bess , do you feel , not to <br /> satisfy the County Council , but do you feel in your own mind <br /> that another legal staff is necessary or can the burden under <br /> an appointed office be carried? <br /> MR. BESS : Well , I ' ll tell you. We 've been <br /> trying to get an additional attorney for a long time. We do <br /> service the council. We do a lot of work for the council and <br /> the addition of a staff attorney there would relieve some of <br /> the burden from our office. So from a very selfish standpoint , <br /> that ' s beingsvery honest about it, that ' s certainly a motive. <br /> But I think that beyond that, believe me, it <br /> is very difficult for the corporation council to instill a <br /> trust in the councilmembers. To have them believe that you are <br /> really trying..<..to call it straight. I don ' t care who the person <br /> is , you are gding to have those doubts and I think to satisfy <br /> those doubts , members of the council feel a lot more comfort- <br /> able just being able to touch base with another attorney and <br /> find out whether or not, hey, is our corporation counsel all <br /> wet or is he calling this on the side of whoever the other side <br /> is. I really think that. .I 've heard this before. . in fact I <br /> know that councilmembers do this. We render an opinion and they <br /> go check , hey, should we sue, or should we not sue? Is the <br /> corporation counsel right? It leaks back to us. So that I don ' t <br /> think that what the council is suggesting is unreasonable at all . <br /> I think it would serve a very useful function. <br /> MR. CADINHA: Is it possible that the corpor- <br /> ation counsel not be an appointive department and that it would <br /> be much like the prosecuting official in the state and the <br /> county, and run? Thatthe corporation counsel be independent <br /> by running and be elected by the people? <br /> MR. BESS : I don ' t see the benefit to be <br /> derived from making it an elective position. That ' s basically <br /> it. <br /> MR. TRULSON: If it was an elective office <br /> you would still come under the control Of the mayor and the <br /> council . You would still have to answer to both. You would <br /> still be working for both. Although you would be an elected <br /> official they would still , in effect, be your boss. <br /> MR. BESS : That ' s right. They are my clients. <br /> For certain members of the community they might be happy with <br /> insisting upon the corporation counsel be elected in the sense <br /> that they would be able to discern better than apparently they <br /> are now, where the man ' s 'stand is with respect is to development <br /> and land use policy. That kind of thing. Of course, now, the <br /> council has that power, too, they can ask those,,kiods of !dues tions <br /> of the corporation counsel. My answer is going to sound be- <br /> fuddled but it is basically because I haven ' t given it much <br /> thought. I really have not been presented with any kind of <br /> persuasive argument as to why it should be elected and certainly <br /> what you point out, Mr. Trulson, is a good point. Regardless <br /> of whether or not he is elected or not , I still have two bosses. <br /> I still have two clients and I am bound by the professional code <br /> of ethics to advocate their positions zealously. I accept that <br /> explanation ! Thank you! <br /> -31- <br />