Resolution 6007 - Approval to Seek Attorney General AssistanceRESOLUTION 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.
ATTEST:
Aim e Brunckhorst, CMC
City Clerk
(--r—L
Mark Johnson
Mayor
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SEAL
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