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H2. Appoint Municipal JudgeCITY OF KALISPELL City of Kalispell 201 1" Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Appointment and Oath of Office for Municipal Court Judge MEETING DATE: January 17. 2023 BACKGROUND: The position of Kalispell Municipal Judge was vacated in fall of 2022. At that time, the City Council appointed a committee to make a recommendation to the entire Council for an appointment to serve until the next general election in November 2023. After advertising for the opening, and reviewing the applicants, the committee met and recommended an applicant to the entire council. That individual has since faced unforeseen circumstances and has submitted his resignation. The subcommittee has since agreed to recommend an applicant from that pool, Alison Howard, to the Council for appointment to Municipal Court Judge, thus filling this position until the next general election in November 2023. Alison Howard has been serving in a pro-tem capacity when needed and is familiar with the position and operations. According to Montana Code Annotated, 7-4-4112, the Council is charged with appointing a replacement to the position until a successor is elected at the next general election in November of 2023. That election will be for a two-year period in accordance with the remainder of the existing term. FISCAL IMPACTS: The current wage for the Municipal Court Judge, as established by resolution, is approximately $100,800. RECOMMENDATION: It is recommended that the Council Appoint and administer the Oath of Office to Alison Howard for the position of Municipal Court Judge. October 5, 2022 Dear Municipal Judge Selection Committee, As an active member of the State Bar of Montana and an attorney with nearly 15 years of experience as a criminal prosecutor, I enthusiastically submit this letter of interest for the Kalispell Municipal Court Judge position. Crowing up as the child of two law enforcement officers, I was surrounded by criminal law and justice from a veryyoung age. As I progressed through my college and then law school education, I continually gravitated towards criminal law, and was first exposed to the role of a prosecutor as a law school intern at the Missoula County Attorney's Office. During that same time, I was a clinical student at the Federal Defender's of Montana. Through both of these experiences, I was mentored by judges and attorneys, learning what it takes to successfully balance the important role of our law enforcement officers and those who have been criminally accused. I am currently a Deputy County Attorney for the Flathead County Attorney's office, a role which I have held since 2007. As a Flathead County Deputy County Attorney, I have had the opportunity to prosecute criminal cases from inception through trial, while handling a diverse caseload of misdemeanors and felonies. I spent my first few years as a prosecutor practicing in Flathead CountyJustice Court, which gave me the opportunity to handle a large caseload of misdemeanors and learn the process of criminal law in a fast paced, intensified setting. Even with a large caseload, I endeavored to give each case the attention it deserved and work with opposing counsel to resolve cases in a professional and efficient manner, while also respecting the constitutional and statutory rights of defendants. For the past 13 years, I have prosecuted felony matters in Flathead County District Court. I have gone to trial in countless matters, continually learning new skills and acquiring a greater knowledge of trial advocacy and courtroom procedure. Throughout my legal career, I have continuously worked toward establishing and maintaining professional and courteous relationships with everyone involved in the justice system. The legal profession, by its very nature, can be adversarial, but I have learned that by practicing law with integrity, honesty, and professionalism, justice is better served for everyone involved. I have also worked to build a positive reputation among our local law enforcement, and have always worked to understand the realities of their profession and the difficulties they encounter while doing their job to protect our community. If chosen for this position, I know that the relationships I have built with the local prosecutors, defense bar, law enforcement, and the judicial community will continue to flourish and give me the foundation that is needed to be a successful and honorable judge. Additionally, over the past 10 months, I have gotten the opportunity to sit as a Judge Pro Tem in Whitefish Municipal Court for Judge Caitlin Overland. This experience has reinforced my desire to be part of the judicial community in the Flathead Valley. I feel like I have a well- rounded understanding of criminal law and what it takes to run a Municipal Court, and being able to experience this as a Judge Pro Tem, has made me realize this is the career trajectory that is not only best for me, but for my community. I am a proud resident of the City of Kalispell and together with my husband, we have raised our children in this community. I am passionate about public service, giving back to my community, and I am truly confident that if I am selected for this position, my experiences will make me an asset to the people of the City of Kalispell. Together the knowledgeable staff at the Municipal Court, I am confident that we can work as a team to effectively and efficiently run a fair and honorable Municipal Court. Sincerely, Alison E. Howard ALISON HOWARD EXPERIENCE DECEMBER, 2007 — CURRENT DEPUTY COUNTY ATTORNEY, FLATHEAD COUNTY Criminal prosecutor, prosecuting felony crimes in the 111h Judicial District Court, Flathead County. NOVEMBER, 2004 — NOVEMBER, 2007 IN-HOUSE COUNSEL, COLLECTION BUREAU SERVICES, INC. Reviewed and filed approximately 150 lawsuits each week in Justice and District Courts of Montana. AUGUST, 2003 — MAY, 2004 CLINICAL STUDENT, FEDERAL DEFENDERS OF MONTANA Researched and wrote motions on behalf of indigent Defendants in the federal justice system. APRIL, 2003 — MAY, 2004 LEGAL INTERN, MISSOULA COUNTY ATTORNEY'S OFFICE Prosecuted misdemeanor criminal cases and assisted Deputy County Attorneys with prosecuting felony cases. EDUCATION MAY, 2004 JURIS DOCTOR, UNIVERSITY OF MONTANA SCHOOL OF LAW Active member of the Montana State Bar, admitted to practice in Montana State and Federal Courts since 2004 JUNE, 2001 BACHELOR OF ARTS, UNIVERSITY OF CALIFORNIA, DAVIS Bachelor of Arts in Sociology with Law Emphasis and Minor in Spanish, received June, 2001. HONORS AND ACHIEVEMENTS • UC Davis Senior Recognition Award in outstanding leadership and academic achievement (2001) • UM School of Law Honor Code Violation Committee (September, 2002 — May, 2003) • Special Assistant United States Attorney (2008 — current) • Chairman of the Board, Northwest Montana Head Start Board of Directors (2010 — current) • Substitute Judge, Whitefish Municipal Court (December, 2021— current) • Glacier High School Booster Club Board of Directors, Secretary (May, 2022 — current) CITY OF City of Kalispell 201 l' Ave E. P.O. Box 1997 ALISPELL Kalispell, Montana 59903-1997 (406) 758-7757 Fax (406) 758-58-7758 The information contained on this form is sought in good faith. It will not be used in any way to discriminate against any applicant for employment in violation of state and federal law. Under state and federal law, qualified applicants with disabilities are entitled to reasonable accommodations. Modifications or adjustments may be provided to assist applicants to compete in the recruitment and selection process, to perform the essential duties of the job or to enjoy equal benefits and privileges of employment available to other employees. An applicant must request an accommodation when needed. The essential job duties are included in the vacancy announcement. Employment Preference: The Veterans Employment Preference Act and the Handicapped Persons Employment Preference Act provide preference in public employment for certain military veterans and people with disabilities or their eligible relatives. An applicant claiming employment preference must complete an Employment Preference Form, available through your local Montana Job Service. The applicant must check that they're requesting a preference as defined and attach the necessary documentation. For more information, contact your local Job Service. I am requesting an Employment Preference as defined above and attached the appropriate documentation. NOTE: The City of Kalispell requires pre -employment & random drun &Ior alcohol screenin for g2sltlons that are considered "Safety Sensitive" or where a Commercial Driver's License "CDL" is required. PLEASE PRINT OR TYPE and FILL OUT APPLICATION COMPLETELY AND SIGN. (Unsigned or incomplete applications will not be acceptedl). Position(s) Applied For: Date of Poplication: Date Position Closes: (Municipal Court Judge 110/5/2022 110/19/2022 1 oward Phone Numbers (Include Area Code): Home: Work: Cell: i Address: City State Zip Code Kalispell JMT 159901 you provide required proof of your eligibility to work? ❑Yes ❑No El N/A Are you a relative of a city employee, mayor or council? ❑ Yes 0 No If yes, what relationship? Are you currently employed? ElYes ❑ No May we contact your present employer? ElYes O No On what date would you be available for work? 2 weeks after any offer of employment Are you available to work:: El Full time ❑Part time ❑Seasonal ❑Temporary Have you been convicted of a felony within the last 7 years? E3Yes El No My signature below certifies that all information on this and all attached pages is true, correct and complete to the best of my knowledge and contains no willful falsifications or misrepresentations. Falsifications or misrepresentations may disqualify me from consideration for employment with the City of Kalispell or, if hired, may be grounds for termination at a later date. I also understand that extensive background checks may be required and employers may be contacted as references. 11-. Date Signed_ Wob:LL a-m L-. EDUCATION: You may respond to this section on a separate sheet of paper if all relevant blocks are completed and the same format is followed. On each sheet, write your name and job title for which you are applying. High School Name & Address: Palos Verdes Peninsula High School, 27118 Silver Spur Road, Rolling Hills CA 90274 �_ J Received Diploma or Equivalency Certificate? E]Yes © No If "No", enter highest grade completed: Dates Credits Received Date of University of California, Davis 19/1997-6/2001 Bachelor of Arts 16/15/2001 `Pre-law/Sociology University of Montana Law School 9/2001-5/2004 1 Juris Doctorate 5/22/2004 1 Law degree Other Schools or Training Courses Dates Did you (Which help you qualify) Name & Location Attended complete? Title Description of Course Total Hours PROFESSIONAL LICENSES, REGISTRATION & CERTIFICATIONS:( Engineering, Medical, CPA, ICBO, ICC, CDL, etc.) Licensin❑ Mena; Name & Location Tvpe of License Endorsement / Restriction (IfAonlicablel Date Licensed Date Exoires Montana State Bar License 7 110/5/2004 Icurrent SPECIAL SKILLS: List those skills that you possess which may help in the job you're applying for. (Typing, Computer Software Mecnanical I am an experienced prosecutor, familiar with Montana Code Annotated and the Montana Rules of Evidence. I have prosecuted dozens of cases through the trial phase as well as briefed and argued hundreds of criminal law legal issues. I have completed my annual continuing education each year, focusing primarily on criminal law. I have been licensed to practice in Montana State and Federal Courts since 2004. EQUIPMENT: List those types of equipment you can operate and specify name or model you have used that may help in the job aump truGK, praaer, etc. I am proficient with and able to operate standard office equipment and computer programs necessary to fulfill this role. EXPERIENCE: Begin with your present or most recent job and if applicable; list your work experience for the last fifteen (15) years along with last salary with emphasis on experience that is relevant to the position for which you are applying. Include military service and any volunteer work experience that would help you qualify. List each promotion as a separate position. You may respond to this section on a separate sheet of paper if all questions in the blocks are answered and the same format is followed. On each sheet write your name and job title for which you are applying. Notice to applicants: Information that you provide on this application is submect to verification and extensive background checks may be undertaken. Previous employers may be contacted as references. Do you want to be informed before we contact your present employer? ❑ Yes III No Name & complete address of employer: Flathead County Attorney's Office Job Title: Type of Business: Deputy County Attorney 113rosecutor for Flathead County Immediate Supervisor s : Dates of Em io ment From —To) m Travis Ahner 12/2007 icurrent Phone Number: Averave Hours Per Week: Total Time Employed (Note Years/ Months): Full or Part Time 14 vears/10 months Describe your duties in detail (knowledge, skills, abilities. emplovees supervised, and accomplishments). As a Deputy County Attorney for the past 14+ years, I have prosecuted misdemeanor offenses, felony offenses, youth court cases, and involuntary commitment cases in both Flathead County Justice and District Court. I have taken dozens of cases to trial, ranging in severity from traffic violations to homicides. I have also worked as a Judge Pro Tern in Whitefish Municial Court since the appointment of Judge Caitlin Overland. During my legal career, I have attended trainings and continuing education courses on a variety of criminal law subjects and have stayed up to date with the rulings from the Montana Supreme Court. I have also served as a mentor to our less -experienced prosecutors, and spoken at several trainings for our local law enforcement on updates to Montana criminal law. Reason for leaving: Last salary or hourly wage rate: N/A �$43.15/hour Name & complete address of employer: Collection Bureau Services, Inc. f Job Title: Type of Business: [In-house counsel Immediate Su ervisor s : Dates of Em to ment From — Tot Michael Moore 11/2004-11/2007 Phone Number: Avers a Hours Per Week: Total Time Employed Note Years / Months): Full or Part Time 40 13 years IFull Describe Your duties in detail (knowledge, skills, abilities, employees supervised, and accomplishments). As in-house counsel for a statewide collection agency, I filed lawsuits in Justice and District Courts around the State of Montana. I also handled motion writing, research, and a variety of court proceedings in front of Justices of the Peace and District Court Judges. Moved to the Flathead Valley rate_ Approx $50,000/yr Last salary or Describe your duties in detail (knowledge, skills, abilities, employees supervised, and accomplishments). 1 Reason for leaving: Last salary or hourly wage rate: PERSONAL & PROFESSIONAL REFERENCES: Relationship Name: Address (City, State, Zip): Personal I Professional Travis Ahner 1820 South Main, Kalispell, MT ❑ p Chief Doug Overman 1312 1st Ave E., Kalispell MT ❑ Judge Daniel Wilson 1800 South Main, Kalispell, MT ❑ a Judge Robert Allison 800 South Main, Kalispell, MT I ❑ Judge Caitlin Overland 1275 Flathead Ave., Whitefish MT ❑ a Justice of the Peace Paul Sullivan 800 South Main, Kalispell ❑ ❑■ Have you ever worked for or applied for a position with the City of Kalispell? ❑Yes 0 No If yes, please explain and give dates and position(s) applied or worked: If applying for a specific position, how did you hear about it? City Website/Internet❑ Job Service❑ In-person:0 Friend/Relative❑ Other: Local newspaper❑ NOTE: NORMALLY, DUE TO HIGH VOLUMES OF APPLICATIONS, ONLY THOSE CANDIDATES SELECTED FOR INTERVIEWS WILL BE NOTIFIED. Mail, hand deliver, fax or email completed application to: City of Kalispell Attn: Human Resource Director 201 1s' Avenue East PO Box 1997 Kalispell, MT 59903-1997 Fax (406) 758-7758 Email: personnel@kalispell.com 4