pages: CityCouncil/2019-12-03.pdf, 10
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CityCouncil | 2019-12-03 | 10 | counsel; expressed support for Council having the authority to select the special counsel firms for fairness in the process. Councilmember Daysog expressed support for a higher threshold or trigger for outside counsel; stated the policy of reimbursement or non-reimbursement should follow and event or decision made by a third party entity. Vice Mayor Knox White stated there are existing processes that can be used as a trigger without a further government or political process; urged caution in deciding what rules are put in place. Councilmember Daysog inquired whether there is concern for the possibility of a majority of Council deciding a violation has occurred. Vice Mayor Knox White responded in the affirmative; stated three or four Councilmembers can submit the violation to special counsel; expressed support for a minimum threshold to determine a violation. Mayor Ezzy Ashcraft inquired the minimum threshold, to which Vice Mayor Knox White responded the Grand Jury finding a violation. Mayor Ezzy Ashcraft stated Council does not direct the Grand Jury to look into scenarios; expressed support for better protections. Councilmember Daysog stated the current matter relates to reimbursing legal fees; noted a process must occur for reimbursement requests to be made; the determination to reimburse legal fees should be made after there is a finding. Mayor Ezzy Ashcraft stated the reason for denying reimbursement of legal fees would be due to a violation of the rules or Charter; the proposed language leaves the possibility of determination to the City Attorney, City Manager or special counsel; expressed support for the City Attorney or City Manager determining City staff has made a violation; expressed concern for the determination being made as it relates to direct reports of City Council; stated special counsel would only be brought in for Councilmember violations; legal fees may not only be requested for reimbursement when a Grand Jury report is produced. The City Attorney stated there are very few times the Grand Jury is involved in a City process; if the triggering event is a Grand Jury, District Attorney or an Attorney General determination or investigation, the triggering event could either be over or under inclusive; the policy is drafted to allow the Council to be the elected governing body of the City; proposed the term "Council appointed" could be inserted before special counsel. Vice Mayor Knox White stated Council has full authority to deny indemnification; Council Regular Meeting Alameda City Council December 3, 2019 8 | CityCouncil/2019-12-03.pdf |