2a. Jail--Citizens' group
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2a. Jail--Citizens' group
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Resolutions Under the HRC <br /> <br />The HRC Article 3 allows either the Commission or the people to <br />develop a resolution. However, Article 3 states that they must be <br />"introduced through" the Commission in order reach the formal <br />"reading" process. Article 3 does not further explain what it moans to <br />be "introduced through" the Commission. It seems fair to interpret that <br />the elected Commissioners have the ability to exercise somo moasure <br />of control over what occurs during their meetings. If the Commission <br />did not have the ability to exemise that control, it would appear to open <br />the Commission to the unreasonable position of requiring them to grant <br />formal readings to any and every person who wished to submit any <br />resolution to it, no matter how many or how inappropriate. (I state the <br />foregoing by way of example, not in an effort to categorize the intent of <br />the referenced resolution as somehow inappropriate.) <br /> <br />The Commission added a discussion of the referenced resolution to its <br />September 16, 2002 agenda. It is my opinion that the Commission may <br />listen to a discussion of the resolution at that time and then decide <br />whether it wishes to "introduce through" the Commission the resolution <br />to the formal "reading" process, or not. If so, then the matter may move <br />along to the first reading stage. If not, then the Commission may move <br />on to the next item on its agenda. <br /> <br />If you have further questions regarding this matter, then please feel <br />free to contact me. <br /> <br />Yours truly, <br /> <br />Birch P. Burdick <br />Cass County State's Attorney <br /> <br />Encl.: 1) <br /> 2) <br /> 3) <br /> <br />AG letter to Hon. EIwood Thorpe, 9/13/9g <br />HRC, Article 3 <br />Commission Meeting Notes, Item 14, May 7, 2001 <br /> <br />Page 5 of 5 <br /> <br /> <br />
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