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CHC 1979-07-18
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CHC 1979-07-18
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Last modified
7/19/2018 10:49:53 AM
Creation date
6/19/2018 10:40:29 AM
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AGE/MIN (Charter Comm.)
Agency
Charter Commission
Year
1979
Meeting date
7/18/1979
Type
MIN
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AGE CHC 1979-07-18
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\County Clerk - Council\County Clerk\Charter Commission\1980\Agendas
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MR. SCHUTTE: Mr. Bess, as it stands right now, <br /> as we have suggested the change, the language here actually <br /> aligns you with the mayor and as a result you don ' thave the <br /> free hand to handle both sides, is that correct? <br /> MR. BESS: I 'm just suggesting that it could very <br /> well happen that a corporation counsel knowing that he could be <br /> removed solely by the mayor for an unpopular opinion, which <br /> might-say, you get a situation where the corporation counsel has <br /> to decide one way or the other of one position being in favor of <br /> the mayor and the other position being in favor of the council , <br /> if he was only to be removed by the mayor it could very well be, <br /> depending on the personality who happened to be the corporation <br /> counsel , he may go with the mayor, to save his job. <br /> MR. SCHUTTE: Thank you, Stephen, .I. have..no further <br /> questions. I don ' t know if the other commissioners have some- <br /> thing that they_ would like to ask. <br /> MR. ISHIDA: Mr. Bess, have you had an opportunity <br /> to read the provision where we. . .the proposed provision concerning <br /> the legal counsel for the county council? <br /> MR. BESS: No, I have not. <br /> MR. ISHIDA: We have the provision whereby. . . <br /> Mr. Chairman , I suggest we have a recess to give Mr. Bess time <br /> to read this provision. <br /> RECESS: At 5 : 35 p.m. the Chair called for a short recess. <br /> RECONVENE : At 5 :45 p.m. the meeting was reconvened. <br /> MR. BESS: Mr. Chairman. I have had an opportunity <br /> to read through Section 3-8(c) . I don ' t find any problem with it. <br /> MR. ISHIDA: Mr. Bess , my question to you is as <br /> the Corporation Counsel, do. you not, in essence, practically <br /> speaking, aren ' t the things that you do really administration ' s <br /> policies as far as representing. . . <br /> MR. BESS: No, I wouldn ' t say that. <br /> MR. ISHIDA: When you say you represent the <br /> council also. . . <br /> MR. BESS: Let me put it this way, the council <br /> makes a number of requests of our office for legal opinions. In <br /> the sense that they are the ones that are asking for the opinion <br /> they are our client and so we would be representing both the <br /> administration and the council. <br /> • <br /> MR. ISHIDA: If this provision is adopted about <br /> the separate legal counsel for the county council then you <br /> would be free of that responsibility, would you not? <br /> MR. BESS: No, I don ' t think so. That ' s something <br /> that I wanted to ask the commission about. I 'm a little bit <br /> confused by Chapter 2, Section 5-2. 3. What this does is it says <br /> we are the chief legal advisor and legal representative over all <br /> county agencies and then it deletes the council and all officers. <br /> -23- <br />
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