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HomeMy WebLinkAbout11-06-17 City Commission Packet Materials - C16. Resolution 4862, Appointing Special Prosecutor in Matters of EKC Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney SUBJECT: Resolution 4862 – A Resolution of the City Commission appointing the Billings City Attorney as a special prosecutor in the matters of EKC. MEETING DATE: November 6, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 4862. 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 matters of EKC. 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 these cases 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 these cases 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 4862 Report compiled on: October 30, 2017 325 COMMISSION RESOLUTION NO. 4862 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 EKC. 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 matters of EKC 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 matters of EKC. This appointment is effective immediately. 2. No fee will be charged by the Billings City Attorney’s Office. However, the City of Bozeman will reimburse the City of Billings for any costs related to the prosecution including costs of travel at the standard rate for mileage. 326 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of November, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN Bozeman City Attorney 327