HomeMy WebLinkAboutResolution 3806 Public Defender contract
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COMMISSION RESOLUTION NO. 3806
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DIRECTING NOTICE BE PROVIDED TERMINATING THE PUBLIC
DEFENDERS OFFICE INTERLOCAL AGREEMENT BETWEEN GALLATIN COUNTY,
CITY OF BOZEMAN, AND THE CITY OF BELGRADE.
WHEREAS, on May 20, 2003, the City of Bozeman, Gallatin County, and the City of Belgrade
entered into an Interlocal Agreement establishing the operation and financing of a pUblic defenders office;
and
WHEREAS, the City of Bozeman paid $52,659 under this Interlocal Agreement in Fiscal Year
2005; and
WHEREAS, the Gallatin County Public Defenders Office has submitted for Fiscal Year 2006 a
proposed budget to the County Commission requesting over one million dollars and adding five new
employees; and
WHEREAS, the City of Bozeman's proposed contribution for Fiscal Year 2006 would be over
$250,000; and
WHEREAS, the 2005 Montana Legislature passed Senate Bill 146 establishing the Montana Public
Defender Act and providing for the establishment of a statewide public defender system to deliver public
defender legal services for State, County, Municipal, and City Courts; and
WHEREAS, Senate Bill 146 provides for the statewide assumption of public defender services to
be effective on July 1, 2006; and
WHEREAS, the Chief Public Defender has recommended to the County Commissioners that the
Cities be dropped from the Interlocal Agreement or two new attorneys be hired; and
WHEREAS, the Public Defenders Office Interlocal Agreement provides that in the event the State
Legislature enacts any law that substantially affects this Agreement, any party may terminate the agreement
providing notice within 90 days of the Governor's signature of the Bill; and
WHEREAS, the Governor signed the Senate Bill 146 on April 28, 2005; and Senate Bill 146
substantially affects the Public Defenders Office Interlocal Agreement; and
WHEREAS, it is in the best interests for the City of Bozeman to terminate the Public Defenders
Office Interlocal Agreement and join with the City of Belgrade in hiring independent contractors for one year
until public defender services are assumed on July 1, 2006.
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NOW, THEREFORE, BE IT RESOLVED by the City Commission and the City of Bozeman,
Montana. that:
Section 1
The City Commission finds that it is in the best interests of the citizens of Bozeman to terminate
the Public Defenders Office Interlocal Agreement and contract for public defender services for one year.
Section 2
The City Manager is hereby directed to provide notice to the parties to the Public Defenders Office
Interlocal Agreement that the City of Bozeman is terminating the Interlocal Agreement effective June 30.
2005.
Section 3
The City Manager is authorized to sign the interlocal agreement with the City of Belgrade for public
defender services.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana. at a regular
session thereof held on the 6th day of June 2005.
. CETRARO. Mayor
ATTEST:
~J~
N L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
- 2 -
June 7, 2005
Bill Murdoch, Chainnan
Gallatin County Commission
Courthouse - 311 West Main Street
Bozeman, MT 59715
Joe Menicucci, City Manager
City of Belgrade
91 East Central
Belgrade, MT 59714
RE: Official Notice of Termination of Public Defenders Office Interlocal Agreement
Dear Gentlemen:
This letter is to provide notice to Gallatin County and the City of Belgrade that the City of
Bozeman is tenninating the Public Defenders Office lnterlocal Agreement entered into on May
20,2003.
As you well know, the 2005 Legislature enacted Senate Bill 146 which was signed by the
Governor on April 28th. Senate Bill 146 provides for the assumption of public defender services
under a statewide public defender system. The assumption of public defender services under a
statewide public defender system substantially affects our Interloca1 Agreement. Paragraph 8 of
the Interlocal Agreement provides that "[i]n the event the State Legislature enacts any law that
substantially affects this Agreement, any party may tenninate this Agreement providing notice
within 90 days of the Governor's signature of the Bil1."
The effective date oftennination of the Public Defenders Office Interlocal Agreement is June 30,
2005. The City of Bozeman, in conjunction with the City of Belgrade, will provide its own
public defender services commencing July 1,2005.
June 7,2005
Bill Murdoch, Chainnan
JOt: Menicucci, City Manager
RE: Official Notice of Termination of Public Defenders Officer Inter/oea/ Agreement
Page - 2
Please contact me if you have any questions.
Sincerely,
CITY OF BOZEMAN
Chris A. Kukulski,
City Manager
CAKlcch
c: Paul Luwe, Bozeman City Attorney
Karl P. Seel, Bozeman Municipal Judge
Michele S. Snowberger, Belgrade Municipal Judge