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MR. BESS: One of the things that protects us is <br /> that. . .I forget exactly where it is in the State Statutes but, you <br /> know, any person who performs services for the county and does not <br /> have a contract, a properly executed contract by the county in <br /> accordance with the charter, is not entitled to payment. That, I <br /> think, is very clear. I don ' t know if Mr. Oda is familiar with <br /> that or not. Are you familiar with that? No? <br /> MR. SCHUTTE: Steve, would this be the same <br /> situation where we had Mr. Oda working for us prior to this <br /> contract being authorized by the county council? <br /> MR. ODA: I 'm not necessarily in support of <br /> Mr. Bess ° statement but having been in •the office at one time and <br /> having it frequently arise where you need the services immediately <br /> and unless you want to hold off the agency' s activities until such <br /> time the county council approves. My involvement is one good <br /> example of that. It took a month, two months. My contract was <br /> approved, signed and dated April 12, I think, 1979 and I got <br /> involved, I believe, in February. February 23 was my first <br /> appearance because of necessity. So, you know, the contract was <br /> retroactively worded to reflect services since that date but <br /> supposing the council did not approve it? From February 23 up to <br /> the date that they disapproved I would have had to have served <br /> without payment, really. We all assume that it ' s going through <br /> but the county council takes the position that we didn' t give <br /> prior approval. From the practical standpoint, it does create a <br /> problem. Not only for his office but for agencies that may need <br /> legal services immediately. Obviously, in this situation, their <br /> office for one reason or another could not serve as legal advisor <br /> so you have these peculiar situations, you know. <br /> MR. SCHUTTE: Mr. Bess, what kind of language <br /> do you suggest? Don ' t only give us a problem, give us the <br /> solution. <br /> MR. BESS: Mr. Chairman. Mr. Schutte, with <br /> the commission ' s permission,' what I would like to do is sit on it <br /> and come back next Tuesday. Thereissome question in my mind <br /> about first of all , the kind of language that should be added and <br /> the second thing is maybe we should leave the language this way <br /> and insist that the. . .well, let me sit on it for a week if I could. <br /> MR. SCHUTTE: Mr. Chairman. Begging the <br /> commission ' s pardon, all I wanted to do was just change a few <br /> words here but anyway And I think the words that need to be <br /> changed would be in Section 5-2. 2 where it states confirmed by the <br /> council and may be removed by the mayor. Instead. of deleting with <br /> the approval of the council , I move that this portion with the <br /> approval of the council , be maintained. <br /> MRS. IWAMOTO: Second. <br /> CHAIRMAN SAKATA: It has been moved and seconded <br /> that Section 5-2.2 corporation counsel shall be appointed by the <br /> mayor, confirmed by the council and removed by the mayor. . .the <br /> words, with approval of the council, which were deleted be maintained. <br /> -29- <br />