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<br />F?Ë.f'OF?T <br /> <br /> <br />6.11 <br />Page 1 <br /> <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />March 13, 2006 <br /> <br />Subject <br />Retention of Lance Bayer, Esq., as special legal counsel to undertake criminal <br />misdemeanor/infraction prosecutions for violations of the Redwood City Municipal <br />Code. <br /> <br />Recommendation <br />Authorize the City Attorney to execute a Personal Services Agreement with Lance <br />Bayer, Esq., to serve under the general supervision of the City Attorney as special <br />prosecutor for the City of Redwood City with respect to prosecution of <br />misdemeanor/infraction violations of the Redwood City Municipal Code. <br /> <br />Background <br />For more than the past ten (10) years, the City of Redwood City has neither filed nor <br />prosecuted misdemeanor violations of the Redwood City Municipal Code. Nor has the <br />City Attorney's Office made appearances before the Traffic Division of the San Mateo <br />County Court when citations have been issued for infractions. Criminal prosecutions <br />have occurred by either the filing of felony complaints, which are prosecuted by the San <br />Mateo District Attorney's Office, or the issuance of citations for infractions, which are <br />then adjudicated by the Traffic Commissioner of the San Mateo County Superior Court. <br /> <br />The Redwood City Police Department has requested that the City Attorney retain legal <br />counsel to file and prosecute violations of the Municipal Code when such violations <br />constitute misdemeanors. In addition, whenever a criminal defendant charged with an <br />infraction violation of the Municipal Code is being represented by legal counsel, the <br />police department has requested that legal counsel appear on behalf of Redwood City. <br />The prosecutorial work to be performed by the special prosecutor would occur under <br />the general supervision of the City Attorney, and on a day-to-day basis under the <br />supervision of management within the police department. <br /> <br />The police department and the city attorney's office have identified Lance Bayer, Esq., <br />to serve as the special prosecutor for the City of Redwood City. Mr. Bayer is currently <br />engaged by the cities of Palo Alto and Mountain View to serve in a similar capacity. A <br />copy of Mr. Bayer's resume is attached hereto as Exhibit A. Attached hereto as Exhibit <br />B is the personal services agreement to engage Mr. Bayer as special prosecutor. The <br />agreement includes among other matters an hourly rate of compensation of One <br />Hundred and Twenty-five Dollars ($125.00) per hour. <br /> <br />AttyAgenda Reports/Lance Baer Retention <br />030306 <br />