HomeMy WebLinkAboutResolutions 22-04-587 - 04/18/2022 - Shared Court Solicitor1
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STATE OF GEORGIA RESOLUTION NO.
COUNTY OF FULTON
A RESOLUTION OF THE CITY COUNCIL OF MILTON, GEORGIA TO
CREATE AN "OFFICE OF PROSECUTING ATTORNEY" PURSUANT
TO O.C.G.A. § 15-18-91 FOR THE MUNICIPAL COURT AND TO
OTHERWISE DECLARE A NEED FOR A SHARED COURT SOLICITOR
WITH THE CITY OF ALPHARETTA, GEORGIA TO HOLD THE SAID
OFFICE
WHEREAS, the City of Milton, Georgia ("City") and the City of Alpharetta, Georgia
("Alpharetta") (collectively the "Cities") wish to appoint a shared prosecuting attorney ("Court
Solicitor"), and to effectuate same, as required by O.C.G.A. § 15-18-91 et seq., the Cities shall
create an "Office of Prosecuting Attorney" ("Office") for their respective jurisdictions by
resolution or ordinance, and the Cities thereafter will share the same Court Solicitor appointed to
hold the created Office; and
WHEREAS, the City, after investigation, has determined that it is desirable, necessary,
and in the best interest of the City to create the Office and to formulize an agreement between the
Cities (i.e., IGA) setting forth the terms and conditions upon which the Court Solicitor will be
retained and compensated; and
WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City has
the power to adopt clearly reasonable ordinances, resolutions and regulations for the protection
and preservation of the public health, safety and welfare of its citizens.
NOW THEREFORE, BE IT RESOLVED BY the Milton City Council that there exists
a need for the City to appoint a Municipal Court Solicitor to be shared with Alpharetta.
BE IT FURTHER RESOLVED that, in order to effectuate this appointment, there is
hereby created an "Office of Prosecuting Attorney" for the City's Municipal Court. This same
office will be correspondingly created by the City of Alpharetta.
BE IT FURTHER RESOLVED, that upon both the City and Alpharetta creating their
respective "Office of Prosecuting Attorney" that the Cities shall thereafter appoint and share a
Court Solicitor to fill said Office, and the Cities will prepare and adopt an intergovernmental
agreement setting forth the terms and conditions upon which this shared Court Solicitor will
function.
BE IT FURTHER RESOLVED that the City hereby adopts in its entirety Title 15,
Chapter 18, Article 5 of the Official Code of Georgia Annotated, and the same shall govern the
shared Court Solicitor's official duties and responsibilities, and the Cities' respective duties and
responsibilities related thereto.
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BE IT FURTHER RESOLVED that the Office is hereby established for the purpose of
providing representation of the City in matters pertaining to municipal ordinance violations and
State offenses enforceable in the City's Municipal Court, as authorized by Georgia law.
BE IT FURTHER RESOLVED that this Resolution shall be effective immediately
upon its adoption by the City and said Office shall be deemed to be fully created and activated
upon the adoption of this Resolution.
BE IT FURTHER RESOLVED that the Cities shall appoint a shared Court Solicitor
subsequent to approval of this Resolution and at the time of official appointment of said officer
the Cities shall notify the Prosecuting Attorneys' Council of the State of Georgia of the name of
the person appointed as joint Court Solicitor on or before thirty (30) calendar days following said
appointment date.
BE IT FINALLY RESOLVED that the `term' of the Court Solicitor, as required by
O.C.G.A. 15-18-91, shall be established in the intergovernmental agreement between Alpharetta
and Milton related to the shared Court Solicitor.
ADOPTED AND APPROVED this the � day of / 2022.
CITY OF MILTON, GEORGIA
Peyton J on, Mayor