pages: CityCouncil/2005-05-12.pdf, 5
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CityCouncil | 2005-05-12 | 5 | review all documents [City Attorney contract and amendments) provide a history of the current situation, and advise the Council regarding moving forward with yearly amendments or bundling all the previous amendments into one contract. Mayor Johnson stated that her first intention is to get legal advice. Councilmember Daysog stated that he would like to begin negotiations with the City Attorney first. Mayor Johnson stated that negotiations cannot be initiated because the Council needs legal advice. Councilmember Daysog stated outside counsel might not be necessary ; if issues were not resolved during negotiations, then interpretation would be needed. Mayor Johnson stated that she is not comfortable with initiating negotiations until there is a better understanding of the contract. ; inquired whether the retainer and late payment provisions could be removed from the Agreement. Mr. Hartinger responded in the affirmative. Councilmember Daysog stated negotiating directly with the City Attorney should be the Council's prerogative; inquired whether Mr. Hartinger had any comment on the Council requesting his assistance on interpreting aspects of the negotiations. Mr. Hartinger stated the matter should be discussed at the right time; direction should be given in closed session. Councilmember deHaan moved to approval of the Agreement, with the modifications to remove the retainer and late payment provisions. Mayor Johnson inquired whether the Council is giving up any prerogative by entering into the Agreement, to which Mr. Hartinger responded in the negative. Councilmember Daysog inquired what happens when there is a conflict of interpretations. Mr. Hartinger responded Council should trust the [outside] attorneys it hires or seek another opinion and discharge the attorney. Mayor Johnson stated the ultimate way to settle legal disputes is Special Meeting Alameda City Council 5 May 12, 2005 | CityCouncil/2005-05-12.pdf |