02-377 Prosecutor Cross DeputizationRESOLUTION NO. 02- ff 77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN
RESCINDING THE AUTHORITY OF ANY OTHER AGENCY PROSECUTORS OR
THEIR DESIGNEES; AND RATIFYING AND CONFIRMING THE AUTHORITY OF
THE GARDEN CITY PROSECUTOR OR HIS/HER DESIGNEES; THE BOISE CITY
PROSECUTOR OR HIS/HER DESIGNEES; AND THE ADA COUNTY
PROSECUTING ATTORNEY OR HIS/HER DESIGNEES; TO ACT ON BEHALF OF
THE MERIDIAN CITY ATTORNEY, LEGAL DEPARTMENT, BY PROSECUTING
CASES ON BEHALF OF MERIDIAN CITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City wishes to rescind any and all other appointments as special
prosecuting assistant city attorneys and reappoint as appropriate on an annual basis;
WHEREAS, the City Attomey has the statutory authority and duty under Idaho
Code §50-207A to prosecute all misdemeanors and infractions occurring within the city
limits;
WHEREAS, the City Attorney has the authority to transfer cases on a case-by-
case basis to other agencies for prosecution where conflicts may exist and where each
City Attorney wishes to cooperatively provide prosecutorial services as conflict counsel
for the other;
WHEREAS, the City of Meridian has Memorandum of Understanding with
Boise and Garden City to authorize their police officers to perform their lawful duties
with extraterritorial power;
WHEREAS, for the efficiency of the prosecution, the City Attorneys wish to
continue prosecuting all misdemeanor and infraction cases of their respective police
agency, regardless of original jurisdiction; and
WHEREAS, the City Attorney has nominated the following persons to the
Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, IDAHO:
SECTION 1: That all previous appointments to act as Special Prosecuting Assistant City
Attorney are hereby rescinded.
Resolution for Boise, Garden City and Ada County to
assist Meridian in Prosecuting misdemeanors and infractions
Page 1
SECTION 2: That the prosecutor for the City of Garden City or his/her designees, be
and the same is hereby authorized to act as Assistant Meridian City Special Prosecuting
Attorneys with respect to matters referred to that office by the Meridian City Attorney.
SECTION 3: That the prosecutor for the City of Boise or his/her designees, be and the
same is hereby authorized to act as Assistant Meridian City Special Prosecuting
Attorneys with respect to matters referred to that office by the Meridian City Attorney.
SECTION 4: That the Ada County Prosecuting Attorney, Greg H. Bower, or his/her
designees continue to be authorized to act as Assistant City Attorneys with respect to
matters referred to that office by the Meridian City Attorney.
SECTION 5: That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
/~ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of ~7'~ ,2002.
/~9~,._APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of ~ ,2002.
ATTE~,T:
Z:\Work\MSMeridian\Meridian 15360MXResolutions City Hall~002\RESOLUTIONProsecutingbetweenBoiseGardenCity.doc
Resolution for Boise, Garden City and Ada County to
assist Meridian in Prosecuting misdemeanors and infractions
Page 2
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly
incorporated City operating under the laws of the State of Idaho, with its principal office at 33
East Idaho, Meridian, Idaho.
2. That as the City Clerk_ofJhis City, I am.n~he custodian of its records and minutes
and do hereby certify that on the /t~'~'- day of ~/~O~- ,2002, the following action
has been taken and authorized.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN RESCINDING
THE AUTHORITY OF ANY OTHER AGENCY PROSECUTORS OR THEIR DESIGNEES;
AND RATIFYING AND CONFIRMING THE AUTHORITY OF THE GARDEN CITY
PROSECUTOR OR HIS/HER DESIGNEES; THE BOISE CITY PROSECUTOR OR HIS/HER
DESIGNEES; AND THE ADA COUNTY PROSECUTING ATTORNEY OR HIS/HER
DESIGNEES; TO ACT ON BEHALF OF THE MERIDIAN CITY ATTORNEY, LEGAL
DEPARTMENT, BY PROSECUTING CASES ON BEHALF OF MERIDIAN CITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City wishes to rescind any and all other appointments as special
prosecuting assistant city attorneys and reappoint as appropriate on an annual basis;
WHEREAS, the City Attorney has the statutory authority and duty under Idaho Code
§50-207A to proSecute all misdemeanors and infractions occurring within the city limits;
WHEREAS, the City Attorney has the authority to transfer cases on a case-by-case basis
to other agencies for prosecution where conflicts may exist and where each City Attorney wishes
to cooperatively provide prosecutorial services as conflict counsel for the other;
WHEREAS, the City of Meridian has Memorandum of Understanding with Boise and
Garden City to authorize their police officers to perform their lawful duties with extraterritorial
power;
WHEREAS, for the efficiency of the prosecution, the City Attorneys wish to continue
prosecuting all misdemeanor and infraction cases of their respective police agency, regardless of
original jurisdiction; and
WHEREAS, the City Attorney has nominated the following persons to the Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF MERIDIAN, IDAHO:
CERTIFICATE OF CLERK - PROSECUTING BETWEEN BOISE,
GARDEN CITY AND ADA COUNTY - MISDEMEANORS AND
INFRACTIONS
PAGE 2
SECTION 1: That all previous appointments to act as Special Prosecuting Assistant City
Attorney are hereby rescinded.
SECTION 2: That the prosecutor for the City of Garden City or his/her designees, be and the
same is hereby authorized to act as Assistant Meridian City Special Prosecuting Attorneys with
respect to matters referred to that office by the Meridian City Attorney.
SECTION 3: That the prosecutor for the City of Boise or his/her designees, be and the same is
hereby authorized to act as Assistant Meridian City Special Prosecuting Attorneys with respect
to matters referred to that office by the Meridian City Attorney.
SECTION 4: That the Ada County Prosecuting Attorney, Greg H. Bower, or his/her designees
continue to be authorized to act as Assistant City Attorneys with respect to matters referred to
that office by the Meridian City Attorney.
SECTION 5:
That this Resolution shall be in full force and effect immediately upon its
ss:
adoption and approval.
STATE OF IDAHO, )
County of Ada.
On this ~-~
day of ,2002, before me,
, a Notary Public, appeared WILLIAM G.
BERG. JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that
executed the said instrument, and acknowledged to me that he executed the same on behalf of the
City of Meridian.
(SEAL)
Notary Public for Idaho
Residence:
Commission Expires:
Z:\Work\MX/VleridianWIeridian 153601vruResolutions City Hallk2002\CERTofCLKRESOLUTIONProsecutingbetweenBoiseGardenCity.doc
CERTIFICATE OF CLERK - PROSECUTING BETWEEN BOISE,
GARDEN CITY AND ADA COUNTY - MISDEMEANORS AND
INFRACTIONS
PAGE 2