HomeMy WebLinkAboutResolution No. 4362, Appointing the Gallatin County Attorney to prosecute State v. Adams in Municipal Court Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
SUBJECT: Resolution 4362 – A Resolution of the City Commission appointing the Gallatin County Attorney to prosecute State v. Adams (TK 10 02684) in the Bozeman Municipal Court.
MEETING DATE: December 19, 2011
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 4362.
BACKGROUND: I request the Bozeman City Commission, pursuant to its authority under the
Bozeman City Charter and §7-4-4605, MCA, appoint the Gallatin County Attorney’s Office as the
prosecutor in the case of State v. Adams (TK-10 02684) in the Bozeman Municipal Court to avoid the
appearance of a conflict of interest with the Bozeman City Attorney’s Office. The Gallatin County Attorney’s Office agrees to accept the appointment in this case pursuant to the authority established in the
attached Resolution and pursuant to the Gallatin County Attorney’s Office’s concurrent prosecutorial jurisdiction established at §7-4-2716(1), MCA.
UNRESOLVED ISSUES: None.
ALTERNATIVES: None.
FISCAL EFFECTS: None. No fee will be charged for the prosecution of this case by the County
Attorney’s Office.
Attachments: Resolution 4362
Report compiled on: December 6, 2011
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COMMISSION RESOLUTION NO. 4362 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPOINTING
THE GALLATIN COUNTY ATTORNEY TO PROSECUTE STATE V. ADAMS (TK-10 02684) IN THE BOZEMAN MUNICIPAL COURT.
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 the Gallatin County Attorney’s Office
as the prosecutor in the case of State v. Adams (TK-10 02684) in the Bozeman Municipal Court to avoid the
appearance of a conflict of interest with the Bozeman City Attorney’s Office; and
WHEREAS, the Gallatin County Attorney’s Office has declared it agrees to accept the appointment in
this case and does so pursuant to the authority established in this Resolution and also pursuant to the Gallatin County Attorney’s Office’s concurrent prosecutorial jurisdiction established at §7-4-2716(1), MCA.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that:
1. The Gallatin County Attorney is hereby appointed to act on behalf of the City of Bozeman as the State of
Montana’s prosecutor in the case of State v. Adams (TK-10 02684) in the Bozeman Municipal Court. This
appointment is retroactive to November 10, 2011.
2. No fee will be charged for the prosecution of this case by the County Attorney’s Office.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 19th day of December, 2011.
___________________________________ JEFFREY K. KRAUSS
Mayor ATTEST:
________________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN City Attorney
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