HomeMy WebLinkAbout09-12-16 CC Mtg - C14. Resolution 4727
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
SUBJECT: Resolution 4727 – A Resolution of the City Commission appointing the
Billings City Attorney as a special prosecutor in the matter of KE.
MEETING DATE: September 12, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 4727.
BACKGROUND: I request the Bozeman City Commission, pursuant to its authority under
the Bozeman City Charter and §7-4-4605, MCA, appoint Brent Brooks, the Billings City
Attorney or his designee as a special prosecutor in the matter of KE. The purpose of the appointment is to avoid the appearance of a conflict of interest with the Bozeman City Attorney’s Office. The Billings City Attorney agrees to accept the appointment in this case
pursuant to the authority established in the attached Resolution.
UNRESOLVED ISSUES: None. ALTERNATIVES: None.
FISCAL EFFECTS: No fee will be charged for the prosecution of this case by the Billings
City Attorney’s Office. However, the City of Bozeman will reimburse costs of prosecution including costs of travel at the standard rate for mileage.
Attachments: Resolution 4727
Report compiled on: September 6, 2016
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COMMISSION RESOLUTION NO. 4727
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPOINTING THE BILLINGS CITY ATTORNEY TO ACT AS A SPECIAL PROSECUTOR IN THE MATTER OF KE.
WHEREAS, the Bozeman City Attorney requests the Bozeman City Commission, pursuant to its
authority under the Bozeman City Charter and §7-4-4605, MCA, to appoint Brent Brooks, the Billings City
Attorney, or his designee, as a special prosecutor in the matter of KE to avoid the appearance of a conflict of interest with the Bozeman City Attorney’s Office; and
WHEREAS, the City of Bozeman will reimburse the City of Billings for costs; and
WHEREAS, the Billings City Attorney’s Office has declared it agrees to accept the appointment and does so pursuant to the authority established in this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that:
1. Brent Brooks, the Billings City Attorney, or his designee, is hereby appointed to act as a special
prosecutor in the matter of KE. This appointment is effective immediately.
2. No fee will be charged by the Billings City Attorney’s Office. However, the City of Bozeman willreimburse the City of Billings for any costs related to the prosecution including costs of travel at the
standard rate for mileage.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 12th day of September, 2016.
___________________________________
CARSON TAYLOR Mayor ATTEST:
________________________________________
ROBIN CROUGH City Clerk APPROVED AS TO FORM:
___________________________________ TIM COOPER Assistant Bozeman City Attorney
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