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MICHAEL A. FA}tEY
CARVER COUNTY ATTORNEY
Go;'ernment Center. Justice Center
~ 604 East Fourth Street
~ Chaska. Minnesota 55318-2102
CARVER (952)361-1400
COUNTY (,952) - 61- 413 Vax
TO:
Chief Deputy County Attorney
Kari L.S. Myrold
Criminal Division
Peter Ix')', Head
Tara E. Keehr
Nlartha E. Mattheis
Michael D. Wentzell
Mary E. Shimshak
Mark Debban, Paralegal
Victim Wimess Coordinator
Nancx E. Yates
CITY ADMINISTRATIVE OFFICES
Law Office Administrator
Christopher Weldon
Civil Division
Robert G. Hendricks, Head
Thomas W. Haines
Carol J. Mayer
Patricia May, Paralegal
Juvenile Division
Janet L. Barke Cain. Head
"~ i~:
(CARVER, CHANHASSEN, CHASKA, COLOGNE, HAMBURG,
MAYER, NEW GERMAN~f, ViCTORiA, WACONIA, x.,,,,~,,. ~.~,,~z,, ~L ,_, ~ q~r'.?.X
AND NORWOOD/YOUNG AMERICA)
FROM:
MICHAEL A. FAHEY, CARVER COUNTY ATTORNEY
DATE:
OCTOBER 22, 2002
SUBJECT: 2003 PROSECUTION CONTRACTS
Enclosed for your review is an original and one copy of the proposed contract for municipal
prosecution se~Mces. The Carver County Board and County Attorney's Office are again offering to
provide this service to the municipalities in Cra"vet County.
If you wish to renew the contract as proposed, please sign the both the original and the copy
and return both contracts to my office by November 15, 2002. After the contract is fully
executed, the original will be filed in the Accounting office and a fully executed copy will be sent to
you for your records.
We have not raised our hourly rate for services in 2003. Non-traffic and non-parking municipal
violations ,,',,ill continue to be billed at $69.00 per hour. We prosecute these offenses only upon the
request of the city.
If we are to prosecute the traffic ordinance violations, it is imperative that we have a record of
current city ordinances. In addition, any changes made during the year should be forwarded to the
County Attorney's Office. If we do not receive these doculnents, we will be unable to provide the
prosecution se~Mces.
If you have any questions or need further information, please feel flee to contact me. I look forward
to participating in this cooperative effort.
H: ' U-/c'£R E', EG~ \. ;'2 P.UO C ~ ',,CZVZ LL Z T 'x Z - 7 F.C,E K
JOINT POWERS AGREEMENT PROSECUTION CONTRACT
THIS JOINT POWERS AGREEMENT is made and entered into by and between the
County of Carver, a political subdivision of the State of Minnesota, and the City of Chanhassen, a
municipal corporation organized under the laws of' the State of Minnesota, to provide for
prosecution of statutory gross misdemeanor, misdemeanor and petty misdemeanor violations, other
than liquor law violations directly involving establishments, organizations or individuals with
liquor licenses or permits issued by the City of Chamhassen and also to provide for prosecution of
municipal traffic and parking ordinance violations.
WHEREAS, Minn. Stat. §471.59, as amended, authorizes the Board of County
Con]missioners of any county in the State of Minnesota to enter into agreements by resolution with
any other governmental unit to perform on behalf of that unit any service or function which that unit
would be authorized to provide for itself; and
WHEREAS, in 1983, the Minnesota State Legislature amended Minn. Stat. §487.25, Subd.
10, to provide that statutory gross misdemeanor, misdemeanor and petty misdemeanor violations
and municipal ordinance violations in the counties of Anoka, Carver, Dakota, Scott and
Washington shall be prosecuted by the attorney of the municipality where the violation is alleged to
have occurred; and
WHEREAS, Minn. Stat. §487.25, Subd. 10, further provides that municipalities may enter
into a three party agreement with the County Board and County Attorney to provide for prosecution
services for any criminal offense; and
WHEREAS, each of the parties hereto desires to enter into this Joint Powers Agreement
and has, through the actions of its respective governing bodies, been duly authorized to enter into
this Joint Powers Agreement for the purposes hereinafter stated;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, it is hereby agreed by and between the County of Carver, through the Board of
Conm~issioners, the Carver County Attorney, and the City of Chanhassen, through its Council, that:
1) The Carver County Attorney's Office shall prosecute statutory gross misdemeanor,
misdemeanor and petty misdemeanor violations other than liquor law violations directly involving
establisttments, organizations or individuals with liquor licenses or permits issued by the City of
Chanhassen allegedly occurring in Carver County and within the jurisdiction of the City of
Chanhassen (those liquor violations dealing with ordinances not duplicated by state law, such as
nuisances, license revocations and suspensions). The Carver County Attorney shall also prosecute
all municipal traffic and parking ordinance violations allegedly occurring within the jurisdiction of
the municipality and within Carver County. Specifically excluded witl be abandoned vehicle
violations under municipal ordinance.
The Carver County Attorney's Office may prosecute any other ordinance violation at a rate
of $69.00 per hour for prosecutor time plus expenses incurred if the municipality so requests and
the Carver County Attorney agrees. This would be in addition to any fine or penalty paid or any
surcharge pursuant to paragraph 3 below.
2) Prosecution services shall be rendered by the Carver County Attorney's Office
commencing January 1, 2003, and extending tln'ough December 31, 2003.
3) h~ consideration for said prosecution sen, ices being rendered,' the County of Carver
shall collect an additional one-third (1/3) of all fines or penalties pursuant to Mime. Stat. §487.33,
Subd. 5, as amended.
4) The City shall fox-,yard cun'ent traffic ordinances'to the County Attorney's Office and
inm~ediately inform the County Attorney of any changes made during the contract period.
5) Ca,wet County indemnifies and holds harmless the City of Chanhassen for all acts
and/or omissions of Carver-County employees consistent with the provisions of Minn. Stat. Chapter
466. The City of Chanhassen indemnifies and holds harmless Carver County for all acts and/or
omissions of its employees consistent with the provisions of Minn. Stat. Chap. 466.
6) This Agreement shall terminate of its own accord without further action taken or
notice given by either party at midnight, December 31, 2003.
IN WITNESS WHEREOF, each of the parties has caused this Agreement to be executed
by its appropriate officers and with the consent and approval of its appropriate governing bodies.
CITY OF CHANHASSEN
IN PRESENCE OF:
BY:
Mayor
City Administrator
Date: Date:
COUNTY OF CARVER
IN PRESENCE OF:
BY:
Chairperson
Board of Commissioners
County Administrator
Date: Date:
APPROVED AS TO FORM:
Michael- A. Fahey #28071 ",
Carver County Attorney
According to figures received fi'om Court Administration, the fine revenue for 2001 and 2002 is
as follows:
2001 Fine Revenue
Date City Share Prosecution
Share
Jan 1 $1,369.28 $1,369.46
Feb 1 $1,113.47 $1,113.73
Marl $1,692.87 $1,693.19
Apr 1 $1,209.92 $1,210.10
May 1 $1,162.74 $1,163.06
Jun 1 $1,844.13 $1,844.70
Jul 1 $1,835.41 $1,836.16
Aug 1 $ 2,145.76 $ 2,146.60
Sept 1 $1,560.02 $1,560.83
Subtotal $13,933.59 $13,937.83
Oct 1 $1,302.53 $1,302.91
Nov 1 $ 756.88 $ 757.17
Dec 1 $1,385.46 $1,385.87
Total $17,378.46 $17,383.77
2002 Fine Revenue
Date City Share Prosecution
Share
Jan 1 $1,092.19 $1,092.50
Feb 1 $1,256.90 $1,257.37
Mar 1 $1,235.11 $1,235.56
Apr 1 $1,522.14 $1,522.54
May 1 $1,209.91 $1,210.11
Jun 1 $1,304.53 $1,304.84
Jul 1 $1,843.03 $1,843.59
Aug 1 $1,801.62 $1,802.22
Sept 1 $1,018.33 $1,018.73
Subtotal $12,283.76 $12,287.43
Oct 1
Nov 1
Dec 1
Total
From January 1 through September 30, the Carver County Attorney's Office has opened the
following number of cases:
Offense
2001 2002
Gross Misdemeanors 11 32
Gross Misdemeanors-DWI 22 17
Misdemeanors 206 207
Petty Misdemeanors 28 26
267
Total Cases Opened
282