13 - Hiring of Prosecutor for Municipal Court

Home Browse Search

Item No. 13 Me'morandum TO: Mayor, Mayor Pro -Tem and City Council Grayson Path, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: HIRING OF PROSECUTOR FOR MUNICIPAL COURT DATE: September 12, 2022 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. I have had 3 previous prosecutors, the most recent being Erin Lewis from June of 2020 until December of 2021. I have reached an agreement with local attorney Basel J. Musharbash to undertake these limited prosecutorial duties effective upon approval by the council. Mr. Musharbash is a Paris resident, and is starting a solo practice. I am attaching a copy of Mr. Musharbash's resume for your reference. I believe he is amply qualified for the duties of contract prosecutor. STATUS OF IS SUE: 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 2022-2023. A rate of $100.00/hour falls within these budgeted amounts and is well below the local hourly rate for legal services. Remember as well the substantial savings in hiring a contract prosecutor over having a full-time Assistant City Attorney. RECOMMENDATION: Approve hiring by city attorney of contract municipal court prosecutor.