tag:blogger.com,1999:blog-3441020117205433950.post1931826596078430643..comments2023-11-04T23:31:40.392-10:00Comments on got windmills?: THAT NIPPER’S A NUDGEAndy Parxhttp://www.blogger.com/profile/15398587036690312685noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-3441020117205433950.post-9213313653173313272008-03-21T13:11:00.000-10:002008-03-21T13:11:00.000-10:00gotta admit; it's nice to see the exchange. kudos ...gotta admit; it's nice to see the exchange. kudos for your great dialogue.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3441020117205433950.post-24764923112714449582008-03-21T10:16:00.000-10:002008-03-21T10:16:00.000-10:00Actually, a couple of rules of statutory interpret...Actually, a couple of rules of statutory interpretation defeat your argument that 20.02 (preventing an officer from appearing in behalf of private interest) effectively prohibits a council member from doing business with the county after participating in a competitive bidding process.<BR/><BR/>The first rule has it that statutory sections are to be interpreted so as to be in harmony with one another. That is, statutory clauses are assumed to not contradict one another. That is, statutes are assumed to be internally consistent.<BR/><BR/>The second rule is that specific statutory language trumps general language. <BR/><BR/>Thus, 20.03 specifically and explicitely contemplates that officers may participate in competitive bidding for business with the county and may in fact conduct business with the county.<BR/><BR/>20.02, a more general provision probiting officers from appearing in behalf of private interests cannot be interpreted to contradict the specific language of 20.03 allowing officers to do business for the county. The two rules must be read in harmony with one another and the more general prohibition against appearing in behalf of private interests would appear to give way to the specific rule allowing officers to bid for business with the county. <BR/><BR/>Otherwise, you interpret 20.03 out of existence, offending still a third rule of interpretation: that every part of a statute is presumed to have some meaning and effect, and not be treated as meaningless.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3441020117205433950.post-28445921589075975312008-03-21T08:56:00.000-10:002008-03-21T08:56:00.000-10:00I know you've cited to other sections of the Chart...I know you've cited to other sections of the Charter in support of your contention that no council member (or council member's business) may do business with the county. However, under well established rules of interpretation, those sections cannot be interpreted so as to be inconsistent with the section that explicitely allows it. Interpreting the other sections to mean that a council person may not do business with the county would contradict the clear meaning of the section allowing it. Instead, the entire charter must be given as harmonious an interpretation as is possible.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3441020117205433950.post-7469252764162992952008-03-21T08:47:00.000-10:002008-03-21T08:47:00.000-10:00Refer bacl to XX as I said Charley"No officer or e...Refer bacl to XX as I said Charley<BR/><BR/>"No officer or employee of the county shall appear in behalf of private interests before any county board, commission or agency."Andy Parxhttps://www.blogger.com/profile/15398587036690312685noreply@blogger.comtag:blogger.com,1999:blog-3441020117205433950.post-40245335250513672662008-03-20T18:02:00.000-10:002008-03-20T18:02:00.000-10:00How do you arrive at the conclusion that a plain r...How do you arrive at the conclusion that a plain reading of the Charter prevents council members from doing business with the county?<BR/><BR/>The Charter provides that: <I>The county shall not enter into any contract with an officer or employee or with a firm in which an officer or employee has a substantial interest involving services or property of a value in excess of $500.00 unless the contract is made after competitive bidding.</I><BR/><BR/>A plain meaning of this section clearly indicates that an officer or employee <I>can</I> and <I>may</I> do business with the county, so long as the contract is put out to competitive bidding.Anonymousnoreply@blogger.com