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Friday, July 11, 2008

Is it broke?

Is Section 3.07E of our charter broken? A proposed charter amendment to section 3.07E "would allow the council to hold executive sessions in conformance with the state Sunshine Law." (Charter amendments headed for Nov.4 ballot TGI, A5, 7-11-2008). Nathan Eagle then writes, "The council already does this, but some residents contend that the charter prohibits the council from going behind closed doors for anything except claims."

Read the charter section 3.07E - it is in black and white.

Our County Council claims they have an attorney opinion stating they are not in violation of the Charter, but they won't release it for all to see, invoking their client/attorney privilege not to inform the public. Curiously, the Commission deferred an amendment requiring county attorney opinions upon questions of law to be available in writing within two business days of issuance.

Regarding the County Manager amendment Charter Commission Chair Chun has repeats like a mantra "what problem does this amendment address?" , but apparently he is not applying the same criteria to the 3.07E amendment. Why not?

The question Chun refuses to ask is, "What problem is the 3.07E amendment addressing"? If "The council already does this" why is it being put on the ballot?

Apparently, the charter commission does not apply the same criteria to all proposed amendments but is using standardless discretion to pick and choose what they deem appropriate for the people vote on. This is called gate-keeping.

Could it be that the county council is in violation of the county charter by meeting on matters other than claims, and are changing the charter to cover up their lawless actions? Will the amendment grant retroactive immunity to council members?