CHC 1979-01-30 - Laserfiche WebLink

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MR. ISHIDA: Mr. Chairman, could we ask Mr. Bess to render us an opinion as to the interpretation of the administrative supervision provision? MR. BESS : With all due respect to Mr. Ishida, my understanding is that there is to be an appointed an executive director or that there may be some opportunity for you folks to appoint a staff attorney. On this question , I ' ll be glad to render an opinion. Let me just start there. Now, let me weasel out. I think that it is advisable to get the opinion of someone outside the county in this regards. I really think that on this matter and it is a very ticklish matter, I think that it would be advisable for-, the Charter Commission to seek the opinion of an outside attorney. MR. TRULSON: Mr. Chairman, I would agree with Mr. Bess. I feel that with respect to Mr. Bess , I think independent counsel would be better. CHAIRMAN SAKATA: Is there any more discussion on this? No questions to the Corporation Counsel? MR. CADINHA: One point for clarification. Mr. Bess , there is obviously no conflict of interesLtin-your mind as to being able to represent legislative and adminis- trative branches of county employee government. Is that correct? It sounds to me like your recommendation for separate counsel for the County Council is wanting to please the minds of the County Council . In other words , the Corporation Counsel , in your mind is in no conflict and is not put in the position of being under conflict. That is what I got bottom line. I just wanted to clarify it. MR. BESS : Well , let me put it this way. The Corporation Counsel is acutely aware of the consequences of some of his legal opinions and the political consequences of those legal opinions. And one would hope that the Corpora- tion Counsel would, regardless of those political consequences , if it was a clearcut, hey, this is what the law is. That he is going to go that way rather than to even consider those political consequences. But as Mr. Schutte pointed out with Mr. Ono, I mean, people are human. Political consequences affect diff- erent Corporation Counsels different ways. Certainly if the Corporation Counsel thinks that his only way of living is to go the route of Corporation Counsel , you may have a Corporation Counsel that may not be fulfilling his duties as all of the agencies of the county would like. But, coming back to your question , under the professional code of ethics I look at my job as being to the entity rather than to the various departments on an individual basis. But I am not going to doubt or deny that sometimes pursuing that objective is awfully difficult. MR. SCHUTTE: I can appreciate your position , Mr. Bess , and what you are saying then is that in many instances your rendering of an opinion could also be the individual ' s interpretation of law. In other words , you could be for or against depending on the interpretation. If you happen to be -33-