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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