HomeMy WebLinkAbout10-27-20 City Commission Packet Materials - C11. Res 5236 Appoint Special Prosecutor in the Matter of MK
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney
SUBJECT: Resolution 5236 – A Resolution of the City Commission ratifying the appointment of Billings City Attorney as a special prosecutor in the matter of MK.
MEETING DATE: October 27, 2020
AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 5236.
BACKGROUND: I request the Bozeman City Commission, pursuant to its authority under
the Bozeman City Charter and §7-4-4605, MCA, ratify my appointment Brent Brooks, the Billings City Attorney, or his designee as a special prosecutor in the matter of MK. 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 5236 Report compiled on: October 19, 2020
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COMMISSION RESOLUTION NO. 5236 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 MK.
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 Books, the Billings City
Attorney, or his designee, as a special prosecutor in the matter of MK 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. The appointment by the Bozeman City Attorney of Brent Brooks, the Billings City Attorney, or his designee, is hereby ratified with Mr. Brooks or his designee to act as a special prosecutor in the
matter of MK, Cause No. TK-20-2817. This appointment is effective upon the date of appointment by the Bozeman City Attorney. 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. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ___ day of October, 2020.
___________________________________ CYNTHIA L. ANDRUS Mayor
ATTEST: ________________________________________ MIKE MAAS City Clerk
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APPROVED AS TO FORM: ___________________________________
GREG SULLIVAN Bozeman City Attorney
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