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Item No. 19 memorandum TO: Mayor, Mayor Pro -Tem and City Council Rose Beverly, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: HIRING OF PROSECUTOR FOR MUNICIPAL COURT DATE: July 28, 2025 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 of, 2016. My current prosecutor, Basel Musharbash, is leaving after almost three years. I have reached an agreement with local attorney Joseph Nelms, resume attached, to undertake these limited prosecutorial duties effective upon approval by the council. Mr. Nelms served as a longtime police officer in the Paris Police Department, rising to the position of Patrol Captain before leaving several years ago to attend law school at the University of Tulsa. He is a Paris resident and has a solo practice here. News of his looming appointment has been well-received both by the Department and by Court staff. I worked with Mr. Nelms for years while he was a police officer, and we work together very well. 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 2025-2026. A rate of $100.00/hour falls within these budgeted amounts, is the same rate paid to Mr. Musharbash since 2022, 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.