Tuesday, December 23, 2008

handshakes legally binding?

How in the world can the city Attorney approve a handshake deal as a legally sound method of doing City business? how would the terms of that handshake be enforced? Who were the witnesses? What terms did and agreements, and under what conditions, did they witness? Were the witnesses of legal age? of sound mind? in possession of sound hearing? able to comprehend what was transpiring? was the City Attorney present at any of these handshake agreements? If so, what did HE witness? Was he consulted before these agreements were made? If so, did he offer a legal opinion of the said agreements before they were consumated? if so, where IS those legal opinions? Now that he KNOWS there ARE no contracts OR use agreements in place, only handshake agreements, what is his legal opinion of the status of these aforementioned handshake agreements? Is he going to recommend to the Mayor and Council that formal contracts be put into place, or is he comfortable legally that the handshakes are defensible and enforceable, if needed? Is he going to wait for the Mayor and the Council to ask him his legal opinion first? Why would he wait, now that he is aware of a potential problem? Isnt a large part of his job to anticipate potential legal problems and proactively advise and warn the Council BEFORE something adverse happens? Why is he NOT doing that in this case?

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