Resolution 4980 - Kalispell Parking Commission - Lay Representation - Municipal CourtRESOLUTION 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 I. 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 .fudge 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 COUNCLCAND IGNED BY THE MAYOR OF THE CITY
OF KALISPELL, THIS 22ND OF FEBRUARY, 20Q5.
ATTEST: Mayor
_ a
Theresa White
City Clerk