E/12. Motion to Appoint Special City Prosecutor4D City 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: Charles Harball, Assistant City Attorney
Chris Kukulski, City Manager
SUBJECT: Motion to Appoint Deputy County Attorney Richard
Hickel as Special City Prosecutor
MEETING DATE: September 17, 2001
BACKGROUND: This is a request by the Office of the City
Attorney to appoint Flathead Deputy County Attorney Richard
Hickel 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 Charles Harball's previous practice. In addition, there has
been an official request from the Flathead County Attorney's
Office that Mr. Hickel be permitted to present cases as special
prosecutor in Municipal Court if necessary. Mr. Hickel 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.
Respectfully submitted,
9�1 C9jVN,14
Charles 4d,ball, Asst. City Atty. Chris Kukulski, City Manager