By Myrna Trauntvein
Times-News Correspondent
The legal services for Nephi City were separated into
two separate contracts.
Tuesday night, council members agreed to enter into a
legal services contract with Denton Hatch, as city attorney,
and Jared W. Eldridge, Attorney at Law P.C., to provide
general prosecution services for the city.
"I would suggest a brief review of the contracts and
then, that we take action tonight," said Chad Brough,
mayor.
He said the terms were straightforward and had been
reviewed previously as the contracts were negotiated. The
change in representation would begin this month,
October.
"You have done an outstanding job for us," said Chad
Brough, mayor. "I am glad you renewed your contract and will
continue to work with us."
Hatch will continue to perform municipal attorney
services for a period of one year, and continuing for a
12-month period thereafter.
"Denton Hatch will provide legal services consisting
of civil representation, including legal advice to the
governing body and administrative and operating departments
of the city," said Randy McKnight, city administrator.
Hatch will attend city council meetings, prepare
resolutions, ordinances, contracts, agreements and other
documents as directed by the city administrator and will
represent the city in civil and administrative
proceedings.
He will prepare and carry out civil actions initiated
by the city and will do research, as requested, by the city
administrator or city council.
In addition, Hatch will provide all support staff
necessary to provide effective representation. That will
include telephone service, postage and office supplies.
Hatch will perform those duties for $1,500 per
month.
If there are any extraordinary projects, where a major
expenditure of time is anticipated, the parties will
negotiate in good faith as how to best handle the situation
including receiving extra payment or contracting some legal
service to outside counsel or to other options.
Hatch will be allowed to maintain an outside practice
providing the practice does not interfere with the legal
interests of the city.
"We agree, in the contract, that the attorney's
relationship with the city will be that of a contractor and
not an employee," said McKnight.
McKnight said that the firm of Jared W. Eldridge,
Attorney at Law P.C., was the firm which would screen cases
and provide general prosecution services for the city.
"He is prepared to offer the general prosecution
services required by the city through his duly organized
professional corporation," said McKnight.
Eldridge and his associates will review and screen all
cases submitted by the Nephi City Police Department for
possible criminal charges to be prosecuted in the Nephi City
Precinct Court.
The firm will also maintain all appropriate documents,
files and records necessary to the prosecution of cases
prosecuted in that court.
"He and an added attorney have agreed to be available
to discuss cases that are being prosecuted in the Nephi
Precinct Court with defendants or their attorneys during
business hours," said McKnight.
The firm will also ensure that officers for the city
police department have access to the advice of an attorney
during traffic stops or criminal investigations on an as
needed basis.
"They have also agreed to review nuisance or zoning
violation investigations for possible prosecution or
enforcement that requires court action," said McKnight.
They will also prosecute, in court, nuisance or zoning
violations that require court appearance and will be, like
Hatch, responsible for all operating expenses including
materials, supplies and payroll expenses for their
employees.
The contract fee of $30,000 annually will be prorated
so that it will cover the year remaining until the actual
city fiscal year budget begins for 2006 on June 30.
There is no employer/employee relationship. The
contract fee represents a contract amount agreed upon by the
parties and does not give employee status to the attorney
and his firm, said McKnight.
Both contracts were passed by unanimous vote of the
council.
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