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CHC 1979-07-11
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CHC 1979-07-11
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Last modified
7/19/2018 10:49:53 AM
Creation date
6/19/2018 10:37:54 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
7/11/1979
Type
MIN
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AGE CHC 1979-07-11
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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It is going to be hard to not include anything <br /> and just say only certain things shall be ;added. <br /> MR. SCHUTTE: May I make a suggestion. To <br /> begin with, maybe you should just change the word "include" <br /> to exclude, whereas this program does NOT exclude any <br /> executive department. . . <br /> MR. ODA: Well, just take out that entire <br /> sentence or say the council shall critically review every <br /> agency, program, activity. . .to be sure it encompases everything. <br /> And, take out that sentence regarding the exclusion. <br /> MR. SCHUTTE: Yes, but then don 't we get away <br /> from--why should we have it at all if you are not going to <br /> include the main part of it? I think the main part is that <br /> you don 't exclude anything. To me, the first part just tells _ : <br /> them;. again, what their job is. They already know that but <br /> it just refreshes their memory. But, without the bottom <br /> section. . <br /> MR. ODA: Which bottom section are you talking <br /> about? <br /> MR. SCHUTTE: The bottom that says. .program <br /> does not include any executive department or agency as defined <br /> in this charter. The council shall adopt procedures and details <br /> to implement this section. Now, without giving them this <br /> bottom section , the top is just repetitious because you are <br /> just telling them what they are already doing. <br /> MR. ODA: Right. No, I am saying to eliminate <br /> that sentence of. . .program does not include any executive <br /> department or agency. <br /> MR. SCHUTTE: Eliminate that sentence? Why not <br /> leave it and just change the include to exclude, then. Just <br /> change the word. <br /> MR. ODA: If that is what you want to mean, <br /> yes. Program includes. . <br /> MR. SCHUTTE: Then it would read program <br /> does not exclude any executive department or agency. . <br /> MR. ODA: In drafting statutes there is a rule <br /> that says you try to word it in a positive fashion to avoid <br /> any confusion. There are instances where we did it the <br /> opposite way, but in this case it is a simple matter of just <br /> putting it in a positive. . .program includes executive <br /> departments or agencies, you know, if that is what you folks <br /> want. <br /> MR. ISHIDA: You were not able to find a <br /> sample of a so-called Sunset Law? <br /> -30- <br />
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