HomeMy WebLinkAbout10-23-17 City Commission Packet Materials - C4. Resolution 4851, Appointing ACLU as Counsel for I-183
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
SUBJECT: Resolution 4851 – A Resolution of the City Commission appointing ACLU attorneys as special counsel to represent the City in litigation related to Initiative 183 (the “Montana Locker Room Privacy Act”).
MEETING DATE: October 23, 2017
AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 4851.
BACKGROUND: At its regular meeting on October 16, 2017, the City Commission voted unanimously to authorize the City to participate as a plaintiff in a lawsuit challenging the constitutionality of Initiative 183 (the “Montana Locker Room Privacy Act”), and directing the interim city manager to return to the City Commission with a resolution to appoint Alex Rate of
the ACLU Montana Foundation and Gabriel Arkles of the ACLU LGBT & HIV Project (the “ACLU attorneys”) as special counsel for the City. Accordingly, I request the Bozeman City Commission, pursuant to its authority under the Bozeman City Charter and §7-4-4605, MCA, appoint the ACLU attorneys as special counsel for the City of Bozeman. UNRESOLVED ISSUES: None.
ALTERNATIVES: None. FISCAL EFFECTS: No fee will be charged for the legal representation of the City by the
ACLU attorneys. However, it is anticipated the City of Bozeman will incur costs in the form of time spent participating in the litigation. Attachments: Resolution 4851
Report compiled on: October 17, 2017
34
COMMISSION RESOLUTION NO. 4851
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPOINTING ALEX RATE OF THE ACLU OF MONTANA FOUNDATION
AND GABRIEL ARKLES OF THE ACLU LGBT & HIV PROJECT AS SPECIAL
COUNSEL FOR THE CITY OF BOZEMAN.
WHEREAS, the Bozeman City Commission unanimously approved a motion on October
16, 2017, authorizing the City to participate as a plaintiff in a lawsuit challenging the
constitutionality of Initiative 183 (the “Montana Locker Room Privacy Act”) and directing the
interim city manager to bring a resolution before the City Commission appointing Alex Rate of
the ACLU Montana Foundation and Gabriel Arkles of the ACLU LGBT & HIV Project (the
“ACLU attorneys”) as special counsel for the City of Bozeman; and
WHEREAS, the City Attorney requests the City Commission, pursuant to its authority
under the Bozeman City Charter and §7-4-4605, MCA, to appoint the ACLU attorneys as special
counsel for the City; and
WHEREAS, the ACLU attorneys have agreed to accept the appointment 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. Alex Rate of the ACLU Montana Foundation and Gabriel Arkles of the ACLU LGBT &
HIV Project are hereby appointed to act as a special counsel for the City in a lawsuit
35
challenging the constitutionality of Initiative 183. This appointment is effective
immediately.
2. The City Attorney or his designee is hereby appointed to act as City liaison to the ACLU
attorneys in this litigation. This appointment is effective immediately.
3. No fee will be charged by the ACLU attorneys.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 23rd day of October, 2017.
___________________________________
CARSON TAYLOR
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
36