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MR. ODA: That section says that we cannot <br /> have conflicting opinions for two offices. <br /> MR. BESS: And although it ' s silent as to <br /> which one would control from all of the language taken <br /> together our office' s opinion could control. <br /> MR. ODA: I would think so. <br /> MR. BESS: I think so, too. <br /> MR. ODA: You cannot have a subordinate office <br /> having superior opinions. <br /> MR. BESS: Okay. <br /> MR. SCHUTTE: Mr. Chairman, I have nothing <br /> further of Mr. Bess , it was just to give him the opportunity <br /> to speak on this particular portion. <br /> MR. ISHIDA: just one question. Besides <br /> rendering opinion to the council, what else .do you do for the <br /> council? <br /> MR. BESS: We draft ordinances for them. We <br /> pretty much have been relieved of the responsibility of <br /> drafting resolutions but we do continue to draft resolutions <br /> for them once in awhile. Right now there, well, let me put it <br /> this way, in the past there has always been a legal counsel <br /> from our office here at all council meetings, at all committee <br /> meetings. That is no longer the case. The reason for that is <br /> that we just have too big of a workload and we have decided to <br /> go on an ohcall basis which, apparently, is okay with the <br /> council chairman. So, we would be also responsible for responding <br /> to any oral requests from the council or with regard to matters <br /> of procedure. If there is some question about, you know, how the <br /> council should proceed. Under their own rules or Robert ' s Rules. <br /> CHAIRMAN SAKATA: Are there any other questions? <br /> MR. BESS: Mr. Chairman. I have a question. <br /> I 'm looking at Section 5-2.5 on special counsel and I notice <br /> that the counsel has continued the same language that is <br /> presently found in the charter. One of the problems that we've <br /> had with this provision, there has been some question about <br /> when the council has to approve the employment of special <br /> counsel does it require prior approval of the council .Do you have to go <br /> ahead and ask permission to hire special counsel and get the <br /> approval of the council prior to the time he is actually hired? <br /> Oneof the problems has been where an employee or officer of the <br /> county is accused of some wrongdoi=ng and it ' s not clear whether <br /> or not that person really is guilty of the wrongdoing and so <br /> the council informally says , listen if he ' s guilty we are not <br /> going to take care of him. But if he' s not guilty, don ' t worry, <br /> we'll take care of him. But meantime there is a lawsuit going <br /> on and as far as specifics go this occurred where we had the <br /> problem with the Police Commission being sued by Paul DeSilva <br /> for Sunshine Law violation. When special counsel was sought <br /> -26- <br />