8. Appointment of Special City ProsecutorCity of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
TO: Mayor Bill Boharski and Kalispell City Council
FROM: Rich Hickel, Asst. City Attorney
Glen Neier, City Attorney
SUBJECT: Motion to Appoint Deputy County Attorney Eric Hummel
as Special City Prosecutor
MEETING DATE: February 7, 2000
BACKGROUND: This is a request by the Office of the City Attorney
to appoint Flathead Deputy County Attorney Eric Hummel as Special
City Prosecutor for Kalispell. This special appointment may be made
by Motion and approval of the Council.
From time -to -time, conflicts arise with prosecution of matters
by the Office of the City Attorney. A recent case was presented
for consideration that may create a conflict between our office's
role as prosecutor of criminal offenses in the City and our role as
legal advisor to city departments on civil matters. In addition,
there hag been an official request from the Flathead County
Attorney's Office that Mr. Hummel be permitted to present cases as
special prosecutor in Municipal Court if necessary. Mr. Hummel
states that this request may be made once or twice per year. The
Municipal Court Judge does not believe this will burden current
caseloads or cause undue delays.
RECOMMENDATION: The City Attorney's Office appreciates the
cooperation shown by the Office of the Flathead County Attorney's
Office and strongly recommends approval of this request and Motion.
FISCAL EFFECTS: No adverse fiscal effects are anticipated.
Res ctful y submitted,
A
-'Rich Hickel, Asst. Ci y Attorney Chris Kukulski, City Manager