HomeMy WebLinkAboutApprove Resolution 4505, appointing Helena City Attorney to prosecute State v. Clark Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
SUBJECT: Resolution 4505 – A Resolution of the City Commission appointing the Helena City Attorney to prosecute State v. Clark (TK 13 04638) in the Bozeman Municipal Court.
MEETING DATE: January 27, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution 4505.
BACKGROUND: I request the Bozeman City Commission, pursuant to its authority under the
Bozeman City Charter and §7-4-4605, MCA, appoint Jeff Hindoien, the Helena City Attorney or his
designee as the prosecutor in the case of State v. Clark (TK-13 04638) in the Bozeman Municipal Court.
The purpose of the appointment is to avoid the appearance of a conflict of interest with the Bozeman City Attorney’s Office. The Helena 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: Minimal. No fee will be charged for the prosecution of this case by the Helena
City Attorney’s Office. However, the City of Bozeman will reimburse costs of travel to attend court at
the standard rate for mileage.
Attachments: Resolution 4505
Report compiled on: -DQXDU\
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COMMISSION RESOLUTION NO. 4505 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPOINTING
THE HELENA CITY ATTORNEY TO PROSECUTE STATE V. CLARK (TK-13-04638) 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 Jeff Hindoien, the Helena City
Attorney, or his designee as the prosecutor in the case of State v. Clark (TK-13-04638) in the Bozeman Municipal
Court to avoid the appearance of a conflict of interest with the Bozeman City Attorney’s Office; and
WHEREAS, the Helena City 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.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that:
1. Jeff Hindoien, the Helena City Attorney, or his designee 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. Clark (TK-13 04638) in the
Bozeman Municipal Court. This appointment is effective immediately.
2. No fee will be charged for the prosecution of this case by the Helena City Attorney’s Office. However,
the City of Bozeman agrees to reimburse any 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 27th day of January, 2014.
___________________________________ JEFFREY K. KRAUSS
Mayor ATTEST:
________________________________________ STACY ULMEN, CMC City Clerk
APPROVED AS TO FORM:
___________________________________ GREG SULLIVAN
City Attorney
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