3. Resolution 4980 - Enforcement Authority for Parking ViolationslCity of Kalispell
I"fi� . , , x x ca ): K<.s;i ; i1. _ ,ba tg� :�.' , I`.) , :,: E axe i r t7 j tat' _ a .( '- ; `.38 , ::38
TO:
FROM:
SUBJECT:
MEETING DATE.
Mayor Pamela B. Kennedy and the
Kalispell City Council
Rich Hickel, Adjutant City Attorney and
James H. Patrick, City Manager
Resolution Authorizing Non -Attorney Representation
for Civil Parking Infractions in Municipal Court
February 22, 2005
BACKGROUND: The City Council has previously designated certain
parking offenses to be civil infractions under its City Code.
Since this change, the Parking Commission, with the encouragement
of this Office, has been handling the vast majority of all civil
cases brought before the Kalispell Municipal. Court internally,
without this office's direct representation in Court. Recently, a
question has been raised concerning this practice, particularly in
light of the State Bar of Montana's action taken against a local
individual who was accused of practicing law in this State without
a license.
In January 2005, a Montana District Judge issued a lengthy
opinion in the case establishing what is and is not the
unauthorized practice of law. Ethics Counsel for the State Bar of
Montana was contacted by this Office and provided guidance for how
the City's current practice for handling civil parking infractions
may be continued without violating state law. This resolution is
designed to implement the suggestions made by the State Bar of
Montana's Ethics Counsel.
RECOMMENDATION. The City Attorney's Office urges approval.
FISCAL EFFECTS: Negligible to positive since it will permit more
efficient usage of the City Attorney's Office resources.
Respectfully submitted,
f
Rich Hicke B, Adj . City' Attorney
Jam&d H. Patrick, City Manager
RESOLUTION NO.4980
A RESOLUTION AUTHORIZING THE KALISPELL PARKING COMMISSION TO PERMIT
LAY REPRESENTATION OF THAT ENTITY BEFORE THE KALISPELL MUNICIPAL
COURT WHILE ACTING UNDER THE SUPERVISION OF A MONTANA-LICENSED
ATTORNEY AT LAW AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has created the Kalispell Parking Commission which is authorized
to regulate and enforce the City's parking code in a designated area of the City's
downtown; and,
WHEREAS, the City Council, has declared certain parking offenses to be civil infractions as
authorized by Montana state law, which are enforced through civil proceedings in
Kalispell Municipal Court; and,
WHEREAS, it is in the interests of the citizens of Kalispell to promote efficiency in governmental
operations by allowing for lay representation of the Kalispell Parking Commission in
civil actions brought in Kalispell Municipal Court for civil parking infractions; and,
WHEREAS, it is deemed advisable that the lay representative designated by the Kalispell Parking
Commission be subject to the direction of an active Montana -licensed Attorney at Law,
to better ensure proper legal procedures and practices are followed by the lay
representative in performing his or her duties.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. The Kalispell Parking Commission is hereby granted authority to
designate one or more individuals who are not licensed Attorneys at Law
within the State of Montana, to legally represent the Commission before
Kalispell Municipal Court in legal actions involving enforcement of civil
infractions for parking violations occurring within the Commission's
parking district.
SECTION II. The designated lay representative may take all legal actions on behalf of
the Parking Commission as permitted by the Judge of the Municipal
Court, subject however, to the supervision of an active Montana -licensed
Attorney at Law.
SECTION III: Nothing by this Resolution shall prohibit or restrict a Montana -licensed
Attorney at Law from representing the Parking Commission before the
Kalispell Municipal Court in the event circumstances warrant such legal
representation.
SECTION IV. This resolution will become effective upon passage and approval by the
City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 22ND OF FEBRUARY, 2005.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk