Loading...
HomeMy WebLinkAboutResolution No. R22-28RESOLUTION NO. R22-28 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN EXTENSION OF THE PROSECUTOR ATTORNEY CONTRACT BY AND BETWEEN THE CITY OF LAUREL AND LORE LAW FIRM, P.L.L.C. WHEREAS, the City of Laurel and Lore Law Firm, P.L.L.C. entered into a Contract for the Prosecutor's duties for the City of Laurel on February 11, 2020 (hereinafter "Prosecutor Attorney Contract"); and WHEREAS, the City of Laurel City Council approved the Prosecutor Attorney Contract and authorized the Mayor to execute said Contract on the City's behalf, and WHEREAS, Lore Law Firm, P.L.L.C. has served as the City of Laurel City Prosecutor since February 2020; and WHEREAS, the Prosecutor Attorney Contract by and between the City of Laurel and Lore Law Firm, P.L.L.C. expires on June 30, 2022; and WHEREAS, the Mayor recommends the extension of the Prosecutor Attorney Contract for another two (2) year term, commencing July 1, 2022 and concluding June 30, 2024, subject to the same rights and responsibilities of the City of Laurel and Lore Law Firm, P.L.L.C. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel, Montana: Section 1: Approval. The Prosecutor Attorney Contract negotiated between the City of Laurel and Lore Law Firm, P.L.L.C. for the City of Laurel prosecutorial duties is hereby extended for another two (2) year term. A copy of the original Prosecutor Attorney Contract is attached hereto and incorporated by reference herein. A copy of the Extension of Prosecutor Attorney Contract is also attached hereto and incorporated by reference herein. Section 2: Execution. The Mayor is hereby given authority to execute the Extension of the Prosecutor Attorney Contract on behalf of the City. Section 3: Effective Date. The effective date of the Extension of the Prosecutor Attorney Contract is hereby approved effective July 1, 2022. Introduced at a regular meeting of the City Council on the 14`h day of June, 2022, by Council Member Sparks. PASSED and APPROVED by the City Council of the City of Laurel the 10 day of June, 2022. R22-28 Approve Extension of Prosecutor Attorney Contract APPROVED by the Mayor the 14th day of June, 2022. CITY OF LAUREL Dave Waggoner, Mayor ATTEST: fKWy Sker, Clerk -Treasurer APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R22-28 Approve Extension of Prosecutor Attorney Contract EXTENSION OF PROSECUTOR ATTORNEY CONTRACT THIS EXTENSION OF PROSECUTOR ATTORNEY CONTRACT, is hereby made and entered into by and between the City of Laurel, hereinafter referred to as "Client," and Lore Law Firm, P.L.L.C., hereinafter referred to as "Prosecutor Attorney." RECITALS WHEREAS, the City of Laurel and Lore Law Firm, P.L.L.C. entered into a Contract for the Prosecutor's duties for the City of Laurel on February 11, 2020 (hereinafter "Prosecutor Attorney Contract"); and WHEREAS, the City of Laurel City Council approved the Prosecutor Attorney Contract and authorized the Mayor to execute said Contract on the City's behalf; and WHEREAS, Lore Law Firm, P.L.L.C. has served as the City of Laurel City Prosecutor since February 2020; and WHEREAS, the Prosecutor Attorney Contract by and between the City of Laurel and Lore Law Firm, P.L.L.C. expires on June 30, 2022; and WHEREAS, the Mayor recommended the extension of the Prosecutor Attorney Contract for another two (2) year term, commencing July 1, 2022 and concluding June 30, 2024, subject to the same rights and responsibilities of the City of Laurel and Lore Law Firm, P.L.L.C; and WHEREAS, the City Council approved the extension of the Prosecutor Attorney Contract for another two (2) year term, commencing July 1, 2022 and concluding June 30, 2024, subject to the same rights and responsibilities of the City of Laurel and Lore Law Firm, P.L.L.C. Section 1: Approval. The Prosecutor Attorney Contract negotiated by and between the City of Laurel and Lore Law Firm, P.L.L.C. for the City of Laurel prosecutorial duties is hereby extended for another two (2) year term. A copy of the original Prosecutor Attorney Contract is attached hereto and incorporated by reference herein. Section 2: Execution. The City hereby executes this Extension of the Prosecutor Attorney Contract, pursuant to City Council approval. Section 3: Effective Date. The effective date of this Extension of the Prosecutor Attorney Contract is July 1, 2022. Section 4: Termination Date. The termination date of this Extension of the Prosecutor Attorney Contract is June 30, 2024. Section 5: Incorporation of Original Terms. All other terms of the original Prosecutor Attorney Contract are hereby fully incorporated herein. DATED this day of June, 2022. CITY OF LAUREL Q2�j n �� Dave Waggoner, Mayo PROSECUTOR ATTORNEY: Julie e� E. Lore, bore Law Firm, P.L.L.C. ATTEST: It A >e � �: APPROVED AS TO FORM: A�L�,LL L Michele L. Braukmann, Civil City Attorney CITY HALL City of Laurel us w. lu. sr. PGB WORKS: 6284796 P.O. Box 10 PRD FAX: 628-2241 Laurel, Montana 59044 WATER OFFICE: 628-7431 WIR FAX: 628-2289 MAYOR: 628-8456 City Prosecutor Appointment Comparison to Other Applicants: DEPARTMENT • All other applicants proposed, through their RFPs, to bill at an hourly rate for both attorneys and support staff. o Proposed Hourly Rate for Attorneys: $175-$250 per hour o Proposed Hourly Rate for Support Staff: $50-$75 per hour • Resulting Fees for Hourly Billing Attorneys/Support Staff for Comparison RFPs: o Average for Attorneys (20 hours per week): $3,500-$5,000 per week o Average for Support Staff (-10 hours per week): $500-$750 per week Yearly Cost for the City of Laurel: $208,000-$299,000 • Proposed Prosecutor Contract Fees (Continuation of Existing Prosecutor): $67,200 • Limited City Prosecutor Experience and/or Knowledge of Laurel City Court Additional Issues: • Existing Prosecutor's Experience in the City of Laurel (2.5 Years as Laurel City Court Prosecutor) • Existing Prosecutor's Relationship with Public Defender and Defense Counsel • Existing Prosecutor's Relationship with City of Laurel Police Department (Please see Chief Langve's Letter of Recommendation) • Continuity of Prosecutorial Work in the City of Laurel • Existing Prosecutor's Commitment to Fulfill Another Term • Knowledge Base of Constituents in Working with 2.5 Year Tenured Past/Present Prosecutor • Extensive Experience in District Court (Allowing Handling of Continued Appeals to District Court from City Court) • Avoidance of Burden of Transition of Pending Cases/District Court Appeals • Working Relationship and Knowledge by Existing Prosecutor of City Staff/Mayor/Civil City Attorney • Extensive Knowledge of Laurel City Court/City Court Clerk Requirements • Additional Experience in Working with Other Municipalities (ie. Town of Joliet City Attorney Experience) • Residency in the City of Laurel and Commitment to the Laurel Community CrrY HALL us W:1st st PUS WORKS: 6284796 PWDFAM 628-2241 WATER OFFICE: 629-7431 W"M FAX: 628-2289 MAYOR: 62&8456 City of Laurel P.O. Box 10 Laurel, Montana 59044 REQUEST FOR PROPOSAL Part -Time City Prosecutor for the City of Laurel (Estimated Half -Time Position) � q' • '4 I q This request is intended to gather pertinent information concerning the ability of an individual attorney or law firm to meet the needs of the City. The City is interested in establishing an ongoing contractual relationship with an attorney or law firm to ensure high quality, necessary, timely, and cost-effective legal services. The expectation is that the selected fmn/individual will be experienced in the type of legal services required on an ongoing basis for Cities and will be generally familiar with legal issues associated with prosecuting cases for Cities. Additionally, the attorney or firm should have experience in a court setting to act as the prosecuting attorney on behalf of the City, and working with the City's Law Enforcement Officers, the City Court Clerk's Office, and the City Court Judge. The City is seeking an attorney or law firm that can establish successful communication and coordination on an ongoing basis. _ City _ resecuwr is appointed by the City Mayor W.d t—;Ly ;:... cil :. a supervised by the City Mayor. Requirements for Submission of City Proposal: Time of Filing: No later than April 22, 2022 at 5:00 p.m., addressed to the City of Laurel, Bethany Langve, Clerk/Treasurer, PO Box 10, Laurel, MT 59044; or hand - delivered to the Clerk/Treasurer at Laurel City Hall, 115 W. 1" Street, Laurel, MT 59044. 2. Sealed Envelope: Outer envelope containing proposal should be marked: "Proposal for City Prosecutor". If contained in a mailed envelope, the mailing envelope should be marked to indicate that it is an outer, sealed envelope. Three copies of the proposal are requested. 4. The City will open and review all proposals after the above deadline of April 22, 2022 expires. City of Laurel is an EEO Employer Equal noosing DppmUlfty Juliane E. Lore 709 Roundhouse Drive Billings, Montana 59044 Telephone: (406) 591-7568 April 22, 2022 Laurel City Clerk PO Box 10 Laurel, MT 59044 Re: RFP, Prosecuting City Attorney Position Dear City Clerk/Treasurer, Mayor, and Reviewing Committee; I am submitting this proposal in order to continue prosecuting in my current position serving the City of Laurel, and hope this summary, responses, and my enclosed CV will support my selection. I believe that it is important to have continuity in representation for the City, and in part, it is for this reason and with the support of the Laurel Police Department that I hope to continue with my tenure. The structure I propose is a renewal at the current compensation, $5600.00/monthly, with contractual review and renewal in two years. 1 have includes: m} tbxs renewer RFP1rz0 ;ding the . iii cs of my agricultural bachelor's degree, Juris Doctorate degree, and;prior experience including public defender employment, law firm employment, and more than a decade operating a successful small firm. Before attending law school, I owned a landscaping business, managed and invested in commercial properties, and was employed in the financial software industry, in coding and implementation positions. In addition to the fulfilment of these basic requirements and additional qualifications, I hope the knowledge, connections and experience I have added in the past two years of my current service as the prosecuting attorney for Laurel may continue to make me ever more effective, and an even stronger candidate for renewal. I believe that my current two years of service here bolsters the confidence of the Police Department I am honored to support, as well as the people of Laurel. Transition in staff in this role is historically problematic in part due to the significant ongoing caseload, and specific nature of this Court and operations. I have successfully advocated for the City in hundreds of criminal prosecutions during my tenure, one in which the public defender assigned to our Court has changed five times, and been able to guide constantly changing staff while managing the scheduled docket through these transitions. I am proud of the many cases in which I have been able to achieve justice for Laurel residents and obtain restitution for Laurel businesses, and have enjoyed an excellent partnership with Walmart, and support from the corporate headquarters at the Town Pump. Working together to build knowledge and trust with the community is beneficial to establishing positive relationships with law enforcement allowing them to be more effective. Effective law enforcement and prosecution enhances trust and opportunities for our businesses and residents. I am local resident of the Laurel community, which I believe is helpful in this role due to my close proximity to the Court, the Police Department, and the people who may be charged or victims. or witnesses in matters I prosecute. I am personally invested in this community, having lived in the Laurel area for five years, and being an active member of the Legion Auxilliary serving our veterans. I enjoy volunteering for many local causes and events, and have plans to open a new business downtown to encourage more shopping locally, more public art, and to continue to invest the funds I earn from Laurel back into our future. In this.spirit, I recently participated in the contested election for the position of City C.OI.i..ti a:!FJ_ wlrh tP;d hciiefthat. J propos::d ,cod ideas cit.impTi .mems to r};:. a ii:ms ofib, City Court, but acknowledging the divergence of opinions and issues that race presented. Recognizing the authorities which I serve, I am committed to serving all of the elected City officials in my role faithfully and effectively, and I am excited to work with the new administration as the City grows, adds opportunities, and advances our services. Looking towards growth and direction in our City, and very cognizant of the changes in law enforcement this brings as we grow, I have forged a great trust in our police Chief, Stan Langve, during my tenure, and the training and tools his officers bring to the community. I learn from Captain Travis Pitts each time we have a case with new or unusual circumstances, and regard him as my team for research and strategy. My two years' experience working with all of our officers has built trust in each other that may bolster my application to remain in this role. It is not one with knowledge or ties that can be quickly or easily rebuilt, and should be served by a resident of Laurel. I believe that residents have greater trust injustice that is pursued by their neighbors, with their own community members. Being local also helps me get information and better assess information for investigations, allowing more efficient resolutions to cases.. The Request for Proposal for this position references experience in other areas of City law as desirable, and I currently serve as City Attorney for two smaller municipalities in Carbon County, contracted work I have enjoyed for the past two years in addition to my work in Laurel. I have also worked hard to continue my education in municipal and prosecutorial current applications and developments, attending seminars and conferences on DUI work and municipal legal issues throughout my tenure in Laurel at my own expense. I have enjoyed sharing the materials and discussions after my attendance with my colleagues at the Laurel Police Department and believe we all improve in our performance with these kinds of collaborative, knowledge -sharing activities. If I am selected as the best candidate to continue in my position, I will continue to strive to improve in order to meet the challenges of developments in criminal law and local trends, and the defense attorneys who challenge our prosecutions. I place a high value on continual professional improvement in my position. In closing, I hope that the material I have provided may highlight my specific qualifications in this competitive process, and will promote confidence in my selection, allowing me to continue in my position prosecuting for the City of Laurel. It is an honor, and a privilege, to perform this service for my community. Thank you for your time and review. Respectfully, Julian E. Lore 709 Roundhouse Drive Laurel, Montana 59044 Phone: (406) 591-7568 Email: iuliane(a)lorelaw.us CURRENT 11/2021 — Present Town of Bearcreek. Montana Town Attorney Guidance to City Council, civil matters, zoning/land issues, water rights. 3/2020 — Present Town of Joliet. Montana Town Attorney Guidance to Council, prosecution, civil matters, land issues, water rights. 2/2020 — Present City of Laurel. Montana Deputy City Attorney, Prosecutor Prosecution of Laurel misdemeanor criminal and traffic matters in City court. 2010 — Present Lore Law Firm PLLC Bankruptcy Attorney Billings, Montana USC Chapter 7, 12 and 13 bankruptcy counsel, handling personal and corporate bankruptcy filings and financial restructuring. EXPERIENCE 10/2009 —10/2010 Patten. Peterman. Bekkedahl & Green Bankruptcy Associate Billings, Montana USC Chapter 7, 11 and 13 bankruptcy counsel, handling personal and corporate bankruptcy filings and financial restructuring. 6/2009 — 8/2009 Center for Constitutional Jurisprudence Of Counsel, U.S. Supreme Court Case 08-1151 Orange, California (Claremont Institute, Chapman Law School) Of counsel for amicus curiae brief filed August 20, 2009 on. behalf of Petitioners' property rights, on certiorari to the Supreme Court of Florida. 1/2009 - 5/2009 Nevada State Public Defenders Office Deputy Public Defender Ely, Nevada (Seventh Judicial District) 6/2008 —12/2008 Montana State Public Defenders Office Assistant Deputy Public Defender Miles City/Glendive, Montana (Sixteenth Judicial District) EDUCATION 2007 Juris Doctorate University of the Pacific - McGeorge School of Law - Sacramento, California • International Law Program Diplomate • Wilhem Vis International Arbitration Moot Competition (Vienna, 2007) Honorable Mention, Martin Domke Award (Best Individual Oralist) • President, McGeorge chapter of the American Constitution Society (2006) • Witken Award Winner for Academic Excellence in Agency Law (2005) • Soroptimists International Scholarship Award Recipient (2007) 1994 Bachelor of Science Colorado State University - Fort Collins, Colorado • Botanical Sciences major • Officer, Beta Beta Beta Honors Biology Society • Colorado State Cycling Team member BAR AND CO URTADMISSIONS • Montana State Bar Member # 9786 • Federal District of Montana • Ninth Circuit US. Court of Appeals PROFESSIONAL MEMBERSHIPS Montana State Bar Association (www.montanabar.org , Sections: Bankruptcy, Criminal Law Moot Alumni Association (www.maa.net) Judge, 2008, 2015 Wilhem Vis Moot Competition East/Hong Kong (Memoranda & Oral Arguments) Judge, 2010, 2012 Wilhem Vis Moot West/Vienna (Memoranda & Oral Arguments) LEGAL VOLUNTEER WORK Montana State Bar Association, 2010-2011 Continuing Education CLE Committee State of Montana / Richland County Council on Aging — Project, Eastern Montana — 2014-2015 PERSONAL AFFILIATIONS AND VOLUNTEER WORK • American Legion Auxiliary —Laurel, Montana Unit #123 • Daughters of the American Revolution —Julia Hancock Chapter, Lewistown, Montana • Fergus County Council on Aging — Board Member, 2016-2017