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CHC 1979-02-13
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CHC 1979-02-13
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Last modified
7/19/2018 10:49:53 AM
Creation date
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
2/13/1979
Type
MIN
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AGE CHC 1979-02-13
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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MR. LEGASPI : I don 't think that is what the <br /> County Council would be looking for. I think when they need <br /> that kind of help it ' s not planned, it happens and they need <br /> legal assistance and they need it right then kind of thing. <br /> MRS. KOBAYASHI : But it could be read to say <br /> that they could already hire as long as they have the <br /> appropriations? According to Section 3-7 (b) ( 6) . <br /> MR. LEGASPI : Yes, you could use that section <br /> in certain cases but I don ' t think that was what they really <br /> wanted. <br /> MR. TRULSON: Mr. Legaspi , we 've had prior <br /> testimony from Mr. Bess, the Corporation Counsel, and the <br /> very same question was raised., as to legal counsel for the <br /> County Council. He was in favor of it but he had a restric- <br /> tion on it, I believe, that he would still have the final <br /> say on any recommendation given by the counsel hired by the <br /> Council. What would then. . .wouldn 't there be some. . .I can 't <br /> think of the word right now but if I hire a man to give me <br /> an opinion as the coun•seel does but the overall counsel can <br /> say no. . .it is. . .arn I taking the wrong meaning in that? <br /> MR. LEGASPI : No, that would be a problem. <br /> I would agree with Mr. Bess, however, that the legal opinions <br /> as far as the county government is concerned should be vested <br /> in the office of the corporation counsel . There would be a <br /> conflict if the County Council had their own attorney <br /> rendering that kind of opinion but like I qualified my <br /> statement that what the Council needs is somebody with a <br /> legal mind and the capabilities of doing legal research for <br /> the Council where they could have more confidence in their <br /> opinion as opposed to going to the corp counsel where they <br /> feel that they are more aligned to the administration. This <br /> may not be the case, but they'd be more comfortable with, <br /> say, their own attorney rendering an opinion. <br /> MR. TRULSON: And would you say on both <br /> occasions there would not be any conflict, at any rate, the <br /> council ' s counsel would not be making decisions as far as <br /> the county as a whole is concerned? <br /> MR. LEGASPI : That ' s right. I think you ' ll <br /> have to spell it out. If they get their own counsel you ' ll <br /> have to spell out,$what his limitations are as far as his <br /> scope and his responsibilities are. As I say, I agree with <br /> Mr. Bess that the office of the corporation counsel should <br /> renderall legal opinions from the county government. <br /> MR. TRULSON: Now, should. . .well, like you <br /> say, what is already there and your recommendation in the <br /> wording they would be allowed to hire their own legal <br /> advisor. Then is that restriction, or whatever they can <br /> do, is that by `Ordinance instead of by Charter? <br /> -5- <br />
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