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the county if what is happening on the mainland in other <br /> jurisdictions holds true here because it ' s not just the entity <br /> that' s being sued now. <br /> MR. ISHIDA: Okay, where are we? <br /> MR. BESS: I 'm just presenting the problem, <br /> okay, and really rather than even address. . .maybe I shouldn ' t <br /> be even addressing it today that perhaps there ought to be a <br /> provision in the charter that provides for the tort liability <br /> of its officers and employees, that ' s number ( 1 ) . Number ( 2) <br /> is the special counsel provision. <br /> Our office has ruled that this provision says <br /> that no prior authorization is necessary. Is that the way that <br /> this commission understands it? <br /> MR. ISHIDA: If you asked me my gut reaction, <br /> I would have said, no. <br /> MR. TRULSON: Mr. Chairman. Regarding Section <br /> 5-2.5 , it appears to me to be very clear as far as the vote <br /> is by two-thirds vote of the membership authorizing special <br /> counsel. How did it get reversed? It' s almost like it was <br /> reversed, they can hire and you authorize it after you do it. <br /> MR. BESS: Well , I ' ll tell you. I think the <br /> safest position for me to say is that ' s our opinion, we stand <br /> on it. <br /> There are some real practical problems that <br /> have been presented because we have had a number of people who <br /> if they took your clear position there would be people who <br /> would not be able to have. . .people, say, lay people on a Police <br /> Commission would not be entitled to have the services of legal <br /> counsel paid for by the county. Because if it ' s a politically <br /> sensitive problem, what counsel wants to approve the defense <br /> of a Police Commission who has violated the Sunshine Law? <br /> And they know how the media feels about the Sunshine Law. So <br /> they are not going to give prior authorization. <br /> MR. ISHIDA: Can ' t that situation be handled <br /> by ordinance, clarified by ordinance? <br /> MR. BESS: I don ' t think it can be clarified <br /> by ordinance. I think that the charter ought to be clear as <br /> to how we should handle special counsel. I don ' t think this <br /> provision lends itself to a couple ways of looking at it. <br /> MR. OMONAKA: Mr. Bess, I would like to think <br /> that the county council was responsible for appropriating funds <br /> for different areas so I don ' t think any department can just <br /> go ahead and say, hey, we want this and we are going to authorize <br /> payment for this project or this counsel. I think the concept <br /> here is that the county council should appropriate funds for <br /> funds for that. That ' s my gut feeling about how the county is <br /> set up. <br /> -28- <br />