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City staff recommends switching municipal prosecutor to monthly retainer; council questions billing variability
Summary
City attorney Brad Tivish presented a proposed two-year monthly contract for municipal prosecutor Zach Leininger starting March 1, 2026, at $5,500 per month (with a $5.50 deduction for missed court dates). Staff said that average monthly billing through 2025 was roughly $5,600 and framed the change as simplifying invoicing and removing billable-hour administrative time.
City attorney Brad Tivish presented a proposed revision to the municipal court prosecuting attorney’s contract that would replace the current hourly arrangement with a two-year monthly retainer.
Tivish said the proposal—if approved—would begin March 1, 2026, run through February 2028 and pay a monthly fee of $5,500. Under the draft terms, the contract would include a small deduction for any missed scheduled court date (a $5.50 deduction per missed date, as presented to the council). Tivish told the council staff recommends the change to reduce administrative billing time and streamline the city’s budgeting for prosecutorial services.
Tivish said the prosecutor’s contract currently terminates June 30 and that, based on city records through 2025, the average monthly billing historically paid by the city has been roughly $5,600. A council member asked why the prosecutor would accept a monthly retainer that appeared lower than some monthly bills; Tivish explained that a flat monthly fee removes billing overhead and billable-hour administrative work that the city previously reimbursed.
Councilmembers expressed support for retaining a prosecutor who has been available for city questions and court dates; staff will present the finalized agreement for council consideration at a future regular meeting.
