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20 - HIRING OF PROSECUTOR FOR MUNICIPAL COURTItem No. 20 memorandum TO: Mayor & City Council John Godwin, City Manager FROM: Stephanie H. Harris, City Attorney SUBJECT: HIRING OF PROSECUTOR FOR MUNICIPAL COURT DATE: June 22, 2016 BACKGROUND: At the City Council meeting of April 25, 2016, Council appointed me to serve the City in the position of city attorney leaving the assistant city attorney position open. At that time, Council instructed me not to fill the position of assistant city attorney, but expressed understanding that it would be necessary for me to hire, at minimum, a contract prosecutor. I have been covering both positions since my appointment as interim city attorney on January 11, 2016. I have reached an agreement with Zachary Ressler, of the law firm of Ellis & Tidwell in Paris, to undertake these limited prosecutorial duties under terms that will result in substantial savings to the City taking into account the related reduction in salaries in the Legal Department. I am attaching a copy of Mr. Ressler'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 necessarily 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: For the remainder of this budget year, taking into account the recent reduction in lawyer salaries in the department, there are ample funds available to provide for a prosecutor at $65.00/hour for an average of 10 hours per week. I am asking the Council to budget funds to cover that approximate amount for the 2016 -2017 budget year as well. Again, while this will result in an increase in the outside counsel budget line item, there will be substantial savings in attorney salaries over the 2015 -2016 budget year that will more than accommodate the part-time prosecutor. RECOMMENDATION: Approve appointment by city attorney of contract municipal court prosecutor. ZACHARY A. RESSLER 101 W. Houston Paris TX. 75460 (903) 785 -2600 Zac @EIIisTidwell.com EDUCATION University of Oklahoma College of Law /uris Doctorate Scholarships: Frank and Edna Elkouri Scholarship Honors: Dean's Honor Roll. Pro Bono Service Award Activities: Phi Alpha Delta, International Law Fraternity: Justice (President); Dean's Council Pro Bono: Volunteer Income Tax Assistance: Advanced Preparer; Victim Protective Order Assistance Baylor University Bachelor ofArts, English Activities: Baylor Fencing Club: Vice President (2008), Treasurer (2007) EXPERIENCE Ellis &Tidwell, LLP Associate Attorney Practice Areas: Criminal Defense, Family Law, Civil Suits Dallas County District Attorney's Office L egal Intern, 20J District Court, County Court 6 Research any legal questions that arise Observe criminal trials and assist as needed. Assist in intakes. Prepare misdemeanor cases and motions for trial or hearing Cleveland County District Attorney's Office Norman, OK Licensed Legal Intern August 2014 - December 2014 Argued several non -jury trials. Researched legal questions. Prepared plea and judgment paperwork. Participated in weekly misdemeanor dockets. Answered phone calls from and met with defense attorneys and pro se defendants. Dallas County District Attorney's Office Dallas, TX Legal Intern, Family Violence Unit Summer 2014 Managed and organized a significant volume of documentary evidence for discovery on a capital murder. Researched a wide range of legal questions. Observed and assisted attorneys in trial. Assisted unit attorneys as needed. University of Oklahoma Legal Clinic Norman, OK Legallntern August 2013 -May 2014 Assisted indigent clients with a variety of cases including family law, social security issues, and Subsection 1983 cases. Developed and implemented case strategies. Drafted and filed court documents including motions, orders, and discovery documents Argued various issues before the Court as needed. Performed client intake interviews and regularly held meetings with clients or opposing council. Oklahoma Attorney General's Office Oklahoma City, OK Norman, OK December 2014 Waco, TX May 2009 Paris, TX November 2015 - Present Dallas, TX May 201 S- August 2015 Legal Intern, Multi County Grand /uryDivision Organized evidence for use in Multicounty Grand Jury Hearings and Preliminary Hearings. Filed pleadings in various state courts. Attended preliminary hearings and trials, assisted attorneys with document review. Summer 2013