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
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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.
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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
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