PRESENTER: Presenter
Valeria M. Acevedo, City Attorney
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SUBJECT: Title
Approval of a contract with the Law Offices of Ryan Henry, PLLC., and the approval of Ryan Henry and Justin Plescha as contract municipal prosecutors.
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DEPARTMENT: City Attorney’s Office
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COUNCIL DISTRICTS IMPACTED: Citywide
BACKGROUND INFORMATION:
The City has a full-time municipal court prosecutor who handles all cases in addition to open records and ordinance training responsibilities. There are times that this prosecutor is out of the office that may cause an unavoidable delay in certain court proceedings. Staff is recommending a contract prosecutor, which would allow the municipal court to eliminate the need to reschedule cases in the event that the full-time prosecutor is out on leave. This attorney will be a contract prosecutor and not a full-time or part-time employee. He will be utilized on an as-needed basis such as for the increased influx of cases filed during the river season, when the prosecutor is out of the office, or as a first or second chair on more labor intensive, complex trials. These are professional services requiring a higher level of knowledge and therefore are competitively exempt. Selection is solely based on qualifications and knowledge. This contract will have a 3-year term not to exceed $25,000 per year.
In order to meet the legal needs of the municipal court and city staff, the city attorney is recommending hiring the Law Offices of Ryan Henry for these contract legal services to provide prosecutorial assistance. Mr. Justin Plescha served as interim prosecutor and assistant city attorney while the full-time attorney was out on extended leave and received high praise from the court and other staff members who interacted with him. He is expedient and professional. Mr. Henry will serve as back-up for Mr. Plescha if needed.
ISSUE:
Additional prosecutorial services are needed for municipal court especially with the upcoming trial dockets and river season that results in an annual increase in filed cases. The City Charter delegates the hiring of attorneys to the city attorney with final approval resting with the City Council.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☒Organizational Excellence ☐Community Well-Being ☐N/A
Maintenance of efficient, effective, and high-quality services.
FISCAL IMPACT:
The fiscal impact for an annual agreement is estimated not to exceed $25,000/per year, depending on the actual number of hours worked. Sufficient funding is allocated to the Legal Departments FY 2025 Budget for contracted legal services.
Recommendation
RECOMMENDATION:
Staff recommends approval of this law firm for prosecutorial legal services.