16 - HIRING OF PROSECUTOR FOR MUNICIPAL COURT

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Item No. 16 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: HIRING OF PROSECUTOR FOR MUNICIPAL COURT DATE: August 17, 2017 BACKGROUND: On June 28, 2016, Council authorized me to hire a contract prosecutor in lieu of filling the position of Assistant City Attorney that I vacated when Council appointed me to the position of Interim City Attorney in January 11, 2016. The attorney I hired, Zachary Ressler, has resigned effective the end this month. I have reached an agreement with local attorney Chris Fitzgerald to undertake these limited prosecutorial duties when Mr. Ressler leaves. I am attaching a copy of Mr. Fitzgerald's resume for your reference. He comes to me highly recommended. I believe he is amply qualified for the duties of contract prosecutor. STATUS OF ISSUE: Section 28 of the City Charter allows the city attorney to appoint an assistant city attorney, if deemed necessary, subject to the approval of the City Council. While I do not believe that a contract prosecutor is an "assistant city attorney" within the meaning of this Charter provision, in an abundance of caution I am presenting this hire for Council approval. BUDGET: This proposed hire is budget neutral. Funds have already been budgeted for a contract prosecutor through the end of this fiscal year, and, pending Council's final approval, for fiscal year 2017 -2018. A rate of $80.00/hour falls within these budgeted amounts and is well below the local hourly rate for legal services, particularly for a lawyer with Mr. Fitzgerald's years of experience. Remember as well the substantial savings in hiring a contract prosecutor over having a full -time Assistant City Attorney. RECOMMENDATION: Approve appointment by city attorney of contract municipal court prosecutor.