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16 - HIRING OF PROSECUTOR FOR MUNICIPAL COURTItem 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. Chris W. Fitzgerald 32 W. Plaza Paris, TX 75460 903 - 783 -0051 chris@chrisfitzgeraldlaw.com Professional Summary Accomplished attorney with over 14 years of experience representing clients throughout Northeast Texas. Education • B.B.A in Management - Texas A&M University, College Station, TX Dec 1999 • J. D - Texas Tech University School of Law, Lubbock, TX Dec 2002 • Licensed Attorney May 2003 Experience Fitzgerald Law, Paris, TX Aug 2010 - Present Owner /Attorney Practice Areas: • Wills and Probates • Business Formations and Contracts • Elder Law • Real Estate • Divorce /Custody The Zimmerman Law Firm P.C., Southlake, TX Jan 2010 - Aug 2010 Associate Attorney Practice Areas: • Mergers and Acquisitions • Banking and Lending Law • Commercial Real Estate • Wills and Probates Shannon, Gracey, Ratliff do Miller LLP, Ft. Worth, TX Aug 2008 - Jan 2010 Associate Attorney Practice Areas: • Mergers and Acquisitions • Banking and Lending Law • Commercial Real Estate • Wills and Probates The Moore Law Firm LLP, Paris, TX May 2003 - Aug 2008 Partner Practice Areas: • Wills and Probates • Business Formations and Contracts • Elder Law • Real Estate • Divorce /Custody • Criminal Defense