H6. City Manager Authority to Request AG AssistanceCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
TO:
FROM:
SUBJECT:
DATE:
MEMORANDUM
Doug Russell, City Manager
Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7758
charball@kalispell.com
Resolution No. 6007 Granting Authority to the City Manager to Request
Assistance from the Attorney General Office
December 7, 2020
DISCUSSION: From time to time criminal matters come before the prosecution authority of the City
Attorney in which a conflict of interest or the appearance of a conflict of interest may arise or in which
training in new aspects of the law will benefit the office. The laws of the State of Montana provide that
municipalities may seek the assistance of the Attorney General Office to provide a disinterested
prosecutor to prosecute cases in which a conflict of interest may arise or to provide a prosecutor to
assist in the training of areas of novel law. For instance, the new marijuana law creates new aspects in
the prosecution of driving while under the influence of intoxicating substances which will require
additional training for the city prosecutors.
In each case in which the city may seek support from the AG a separate request must be made. This
would have to be accomplished through a formal resolution of the City Council, or, if the City Council
grants the discretion and authority to the City Manager, only the resolution now before the Council
will be necessary and all other requests can be made by the City Manager by means of a letter.
RECOMMENDATION: The City Council should grant the discretion and authority to the City
Manager to request criminal prosecution assistance from the AG as needed as this otherwise falls into
the day to day operations of the City.
ALTERNATIVE: The City Council may decline to pass the resolution.
RESOLUTION NO. 6007
A RESOLUTION PROVIDING THE AUTHORITY TO THE CITY MANAGER TO SEEK
ASSISTANCE FROM THE OFFICE OF THE MONTANA ATTORNEY GENERAL FOR
CERTAIN CRIMINAL PROSECUTIONS AS ALLOWED BY STATUTE.
WHEREAS, from time to time criminal matters come before the prosecution authority of the City
Attorney in which a conflict of interest or the appearance of a conflict of interest may
arise or in which training in new aspects of the law will benefit the office; and
WHEREAS, MCA § 2-15-501(6) authorizes the Attorney General to provide assistance to
prosecutors in the discharge of his or her duties; and
WHEREAS, MCA § 44-4-111 authorizes and contemplates that the training coordinator for
prosecutors and the bureau chief of the Prosecution Services Bureau (together with the
deputies with said bureau) act as special counsel on request of a municipality and upon
the approval of the city council; and
WHEREAS, MCA § 44-4-103 authorizes and contemplates that attorneys assigned to the
Prosecution Services Bureau of the Department of Justice may be appointed as special
deputy city attorneys for the purposes of assisting in the prosecution of criminal
matters; and
WHEREAS, the city government of the City of Kalispell grants the day to day management of the
city business matters to the City Manager; and
WHEREAS, it is prudent and reasonable for the City Council to provide the discretion and authority
to the City Manager to request any assistance required from the Attorney General,
subject to the limitation of state legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. That the City Council grants to the City Manager the discretion and authority
to seek assistance from the Office of Attorney General for assistance in the
prosecution of criminal matters subject to the limitations of state law.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF DECEMBER 2020.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk