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MR. SCHUTTE: May I bring something else up <br /> for consideration? I speak in regards to Chapter 2, Corporation <br /> Counsel. In looking at the language here and talking with <br /> legal counsel , Section 5-2.2 states that corporation counsel <br /> shall be appointed by the mayor, confirmed by the council , may <br /> be removed by the mayor. We were deleting the approval of the <br /> councilfor removal . I just want to bring it to the attention <br /> of the commission that the new section, subsection (c) of <br /> Section 3-8, Organization of the council offices, where we <br /> allow the council to hire the necessary staff to provide legal <br /> arid research assistance to the council on all matters relating <br /> to its deliberations , this is giving the county council the <br /> opportunity to hire their own legal counsel. However, in this <br /> particular section we limit through language whatever is <br /> allowable for this legal counsel to do and one of it is they <br /> are subject only to do research, their position is exclusively <br /> advisory and consultative and as a result if you take this <br /> into consideration what we are saying is that we are limiting <br /> this legal counsel for the county council to specifics which <br /> are just research and advisory. But, we are saying that the <br /> corporation counsel is THE legal representative, the chief legal <br /> advisory for the county as a unit. There may be a time that <br /> this particular corporation counsel may have to rule, because <br /> of his powers and functions, in favor of the county council <br /> because he has to legally represent them. But as it states <br /> here an appointment and removal is only subject to removal by <br /> the mayor without approval of the council. As a result, I <br /> believe this would put him in alignment with the mayor and <br /> cause an undue burden on him and also that of the council <br /> because he could not represent the council effectively if he <br /> has the mayor sitting over him. If we revert back to the old <br /> language, allowing confirmation on appointment and also removal <br /> by the mayor and the council , I believe this would give him a <br /> better opportunity to serve both bodies without having to be <br /> in conflict and worried about the alignment with the mayor. <br /> As a result of this , I have asked the Corporation Counsel to <br /> come here and speak on this particular portion. Mr. Chairman , <br /> if I may address Mr. Bess. <br /> Mr. Bess, what we are Speaking of is this <br /> section of the corporation counsel where we have proposed in <br /> realigning the appointments and removal that the position of <br /> corporation counsel be appointed by the mayor and confirmed by <br /> the council. However, we had limited the removal strictly to <br /> the mayor without council. approval . I'm looking at it from a <br /> different light now and saying that because the corporation <br /> counsel ' s office must represent the county council and the <br /> mayor' s office that this could be conflicting. Would you like <br /> to relate on that? <br /> MR. BESS: Yes, Mr. Schutte, it ' s my position <br /> that the charter, as worded, should remain. The reason is, <br /> is that we do represent both the council and the mayor under <br /> the charter and to assure that the corporation counsel is going <br /> to be responsive to both the council and the mayor; to assure <br /> that he is not going to be an attorney for the mayor, the idea <br /> that the council should approve of any removal of the corporation <br /> counsel is necessary. <br /> -22- <br />