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CHC 1979-01-30
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CHC 1979-01-30
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7/19/2018 10:49:53 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
1/30/1979
Type
MIN
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AGE CHC 1979-01-30
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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• <br /> in favor of that particular situation or that particular <br /> point you could render a favorable interpretation. If you <br /> happen to be against it there is a method of rendering an <br /> opinion for a legal point that would be contrary. <br /> MR. BESS : Mr. Schutte, I think that the <br /> way you've got to look at this is that there are not many <br /> legal decisions made by the Corporation Counsel ' s office <br /> where it is a fifty-fifty deal , where it could go either <br /> way. That point has been overemphasized, I think . In my <br /> experience with the Corporation Counsel ' s office, we just <br /> don ' t have that many. There are always arguments that can <br /> be made on one side and. there are arguments that can be <br /> made on the other side. But, in my experience, by far in <br /> most cases you have a situation where the arguments make a <br /> lot more sense on one side than they do the other and as far <br /> as I 'm concerned, that is the way I am going to go is where <br /> the preponderance of the law is , not where there happens to <br /> be an argument. As you know, I can render a legal opinion <br /> and the body I have rendered that legal opinion to can <br /> choose to disobey it or act in conflict to that opinion and <br /> if they do, I feel that I should go ahead and defend them <br /> as best as I can giving those arguments that I may have <br /> considered initially but I ruled against. So, anyway, I <br /> feel that the whole point of an attorney being able to call <br /> it any way he wants to, somewhere he is going to find some <br /> off the wall case, in Alabama, or something to support his <br /> position. True , that argument can be made, but that is not <br /> the way the Corporation Counsel ' s office works. Certainly <br /> it doesn ' t work that way now. In most cases the law is clear <br /> which way to go. Certainly there are situations such as this , <br /> Mr. Ishida ' s question , "what does this mean" , and it is such <br /> generalized language that you have to go back to the legis- <br /> lative history and pour through all these Charter Commission <br /> Minutes and see whether or not there is anything that would <br /> help you to construe the language and then you go to different <br /> words and phrases , books and that kind of thing to assist you <br /> in trying to get a handle on what it is saying. <br /> The amount of freedom that a lawyer has to <br /> construe something is not as broad as everyone would like to <br /> think it is, or everyone. .a number of people have made it out <br /> to be that we can call it the way we see it. <br /> CHAIRMAN SAKATA: There being no further <br /> questions, we 'd like to thank you, Mr. Bess , for appearing <br /> before the commission at this time. <br /> RECESS : At 5 : 20 pm. , the Chair called for a short recess. <br /> RECONVENE : The meeting reconvened at5 : 30 p.m. with all <br /> members present. <br /> -34- <br />
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