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13 - Hiring of Prosecutor for Municipal CourtItem 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. BASEL J. M U S H A R B A S H 101 West Houston Street • Paris, Texas 75460 Admitted in Texas & District of Columbia 903.870.8407 • bmusharbash@baselpllc.com PROFESSIONAL BASEL PLLC E X P E R I E N C E Managing Attorney 12022 — Present • Lead mission -driven law firm dedicated to antimonopoly advocacy and community development in rural Texas • Counsel small business and developers in rural communities on corporate, real estate, and related legal issues • Help rural governments implement reforms promoting fiscally -productive growth and local business ecosystems • Support antimonopoly organizations (e.g., Farm Action) in their administrative and legislative advocacy efforts POLLARD PLLC Associate I Antitrust & Competition 12020 — 2021 • Litigated antitrust and related trade secret, wage theft, false advertising, defamation, and civil rights claims on behalf of workers, entrepreneurs, and small companies facing anti-competitive practices and restraints of trade • Drafted substantive pleadings, motions, and responses, including complaints, answers, counterclaims, motions to dismiss, motions for summary judgment, and motions for preliminary injunction • Supported discovery and trial preparation as needed PATEL LAW GROUP PLLC Associate I Corporate & Real Estate 12019 — 2020 • Represented investors and developers in acquisitions, dispositions, financings, and other transactions related to real estate projects and business enterprises MOORE LAW FIRM LLP Associate I Commercial Transactions 12018 — 2019 • Represented public entities and investors in real estate, borrowing, and construction transactions LAW SCHOOL THE JACOB BURNS SMALL BUSINESS AND COMMUNITY ECONOMIC DEVELOPMENT CLINIC E X P E R I E N C E Student Director and Certified Student Attorney I Fall 2017 — Spring 2018 • Represented social enterprises and emerging ventures in corporate and transactional matters THE LAWYERS' COMMITTEE FOR CIVIL RIGHTS UNDER LAW Legal Intern I Voting Rights Project I Summer 2017 • Produced the first -available comprehensive interpretation of Section 3(c) of the Voting Rights Act COUNCIL OF THE DISTRICT OF COLUMBIA Law Clerk I Office of the General Counsel I Fall 2016 • Drafted bills, conforming amendments, legal sufficiency opinions • Reviewed legislation for legal and policy issues, compliance with legislative drafting manual D.C. DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Legal Intern I Rental Housing Commission I Summer 2016 • Reviewed proposed rulemakings, identified stakeholder concerns, observed stakeholder meetings • Drafted bench memoranda in administrative cases arising under state housing and administrative -procedure laws V O L U N T E E R THE REAL ESTATE COUNCIL (DALLAS) A C T I V I T I E S Research Group Leader 12020 • Lead research group in year-long project to design stakeholder analysis of Dallas urban development governance PARSONS SCHOOL OF DESIGN AT THE NEW SCHOOL Research Assistant to Professor Mindy Fullilove 12018 • Drafted amicus brief on health and economic effects of local land -use policies at issue in federal civil rights case E D U C A T 10 N THE GEORGE WASHINGTON UNIVERSITY LAW SCHOOL J.D. I May 2018 • Public Contract Law Journal, Member THE UNIVERSITY OF TEXAS AT DALLAS B.A., cum laude, in Political Science I May 2014 • Academic Distinction Scholarship (full tuition) • University of Texas System Archer Fellow