3n. 1995 Prosecution Contract.'. Office of Michael A. Fahey A/
Count Attorney Carver Count Attorney
Y Y Y Y
Carver County Courthouse
' 600 East 4th Street, Box 12 Criminal Division: Civil Division:
ri Chaska, Minnesota 55318 -2188 James W. Keeler, Jr. Duane A. Bartz
CARVER Peter Ivy Chantal S. Sorenson
Fax (612) 361 -1413 Tara E. Keehr Kari L.S. Myrold
COUNTY Janet L. Barke Cain Chris Weldon, Paralegal
(612) 361 -1400 (612) 361 -1410
1
' November 14, 1994
Manager's Comments: This contract is
' identical to last year's. Approval is
recommended.
Donald J. Chmiel DWA (1 -4 -95)
' 7100 Tecumseh Lane
Chanhassen, Minnesota 55317,
' RE: Prosecution Contract for 1995
Dear Mayor and City Council:
' Enclosed you will find the prosecution contract for 1995. This
contract is exactly the same as the contract for 1994. There is no
surcharge added in the contract.
' On October 12, 1994 I wrote to you concerning the need for
additional staff in our office. The Carver County Board of
Commissioners has decided to not fund the additional positions for
' 1995. I have decided that it would not be fair to the cities in
Carver County to add a surcharge for 1995 because of the fact that
all the cities have already set their levy for 1995.
' As indicated to you in the material sent on October 12, 1994, there
has been a significant drop in fine revenue from 1990 through this
' year. I have already spoken to the sitting judges in Carver County,
Judges Philip Kanning and Robert Goggins, about this problem. They
are both willing to look at this issue.
' One thing that has been brought to my attention has been the
possible impact .of the sentence to serve program through the
Department of Corrections. Often times judges will sentence
individuals to so many hours of sentence to serve work in lieu of
a fine because of indigence on the part of the defendant. As you
can see from the enclosures, your city is still benefiting under
this system. However, it does impact our revenue from prosecuting
the case.
Enclosed you will find a quarterly report for both adult and
' juvenile crews for the sentence to service program. You will
readily see that many hours of time have been provided to cities
throughout Carver County for projects that in the past went undone
I or done at city expense.
I Affirmative Action/Equal Opportunity Employer
Printed on 10% Post - Consumer Recycled Paper
Page 2 '
Mayor and City Council
p aying more for
that cities should be '
.Because of my belief P
prosecution services provided by this office based upon a survey of
cities in the metropolitan area, we will be addressing this issue '
with the County Board during the summer of 1995.
This letter is to put you on notice that there may be a surcharge '
added for budget year 1996 or we may simply decide to no longer
prosecute petty misdemeanors, misdemeanors or gross misdemeanors
for the twelve cities in Carver County. This decision will be made
well in advance of setting your levy for 1996. '
You may wish to talk to your city attorney about the possibility of
taking over the prosecution duties in 1996 which are presently ,
handled by this office. This can only help you better prepare for
the worst case scenario, that being the discontinuance of the
prosecution contract system in 1996. '
Some cities have asked for additional information' as to the
breakdown of services provided by this office to the different
jurisdictions in Carver County. '
Enclosed you will find such.a breakdown. These statistics reflect
only those cases which go beyond the arraignment stage. There is '
additional time spent at arraignments by our office, since we
always have a prosecutor present. There are arraignments every
Monday morning. Generally these last at least two hours and often '
times go three hours till noon.
If you or your city attorney have any questions concerning the 1995
prosecution contract, please call me. ,
If you would like me to appear before your council at any time
during your budget process for 1996, please call me and I will be '
happy to attend. Thank you for reading this letter.
Yours truly, '
,��va • rt
Michael A. Fahey '
Carver County Attorney
cc: Richard Stolz ,
County Commissioners
1
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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, organiz4tions or individuals with liquor
licenses or permits issued by the City of Chanhassen 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 Commissioners 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 Commissioners, the Carver
County Attorney, and the City of Chanhassen, through its Council,
r
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
establishments, 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 will be abandoned vehicle violations under
municipal ordinance.
The Carver County Attorney's Office may prosecute any other
ordinance violation at a rate of $30.00 per hour for prosecutor
time plus expenses incurred if the municipality so requests and the
County Attorney agrees. This would be in addition to any fine or
penalty paid pursuant to paragraph 3 below.
2) Prosecution services shall be rendered by the Carver
County Attorney's Office commencing January 1, 1995, and extending
through December 31, 1995.
3) In consideration for said prosecution services being
rendered, the County of Carver shall collect an additional one -
third (1/3) of all fines or penalties pursuant to Minn. Stat.
§487.33, Subd. 5, as amended, because the County of Carver will be
providing prosecution of these offenses.
4) Carver County shall develop on its own behalf and as
prosecutor for the City, a plan for expediting the resolution of
domestic abuse prosecutions pursuant to Minn. Stat. §611A.0311.
5) The City shall forward current traffic ordinances and
immediately inform the County of any changes made during the
contract period.
6) Carver County indemnifies and holds harmless the City of
Chanhassen for all acts and omissions of Carver County employees
2
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consistent with the provisions of Minn. Stat. Chapter 466.
7) This Agreement shall terminate of its own accord without
further action taken or notice given by either party at midnight,
December 31, 1995.
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
BY:
IN PRESENCE OF:
Dated:
IN PRESENCE OF:
Dated:
COUNTY OF Carver
IN PRESENCE OF:
BY:
Tracy D. Swanson, Chairperson
Board of Commissioners
Dated:
AND:
Michael A. Fahey #28071
Carver County Attorney
Dated:
IN PRESENCE OF:
3
PROSECUTIONS BY TWSP'S & CITIES
TOWNSHIP
Benton Twsp 0001
P
M
G
Camden TWSP 0002
P
M
G
YEARS
92 93 94*
1
5 10 6
1 2 1
TOTAL: 6 12 8
2 7 1
1
TOTAL: 2 8 1
Chaska TWSP 0003
P
M
G
Dahlgren TWSP 0004
P
M
G
1 5 2
1 1
TOTAL: 1 6 3
4 1
6 10 2
1 3 2
TOTAL: 7 17 5
Hancock TWSP 0005
P
M
_G
2 1
TOTAL: 2 1 0
TOWNSHIP
Hollywood TWSP 0006
P
M
G
YEARS
92 93 94*
3
6 11 9
3 3
TOTAL: 6 14 15
Laketown TWSP 0007
P
M
G
San Franciso TWSP 0008
P
M
G
Waconia TWSP 0009
3
7
16 26
17
2 8
10
TOTAL: 18 37
34
2 1 7
1
TOTAL: 2 2 7
P
1
2
M
9
15
10
G
3
4
2
TOTAL: 12
20
14
Watertown TWSP 0010
P
2
2
M
15
13
10
G
3
1
4
TOTAL: 18
16
16
TOWNSHIP
Young America TWSP 0011
P
M
G
YEARS
92 93 94*
2 1
5 7 3
6 1
TOTAL: 5 15 5
CITY
Carver City 0200
P
M
G
YEARS
92 93 94*
9 17 6
4 3 2
( TOTAL: 13 20 8
Chanhassen City 0250
P
M
G
1
9
30
119
208
108
37
50
26
TOTAL: 157
267
164
Chaska City 0300
P
M
G
Cologne City 0400
P
M
G
Hamburg City 0450
P
M
G
12
29
381 426
275
39 103
78
TOTAL: 420 541
382
1 1
8 18 7
1 9 2
TOTAL: 9 28 10
1
4 4
2
TOTAL: 0 4 7
CITY
Mayer City 0500
P
M
G
YEARS
92 93 94*
1
1 6 2
3 2
TOTAL: 1 10 4
New Germany City 0550
P
M
G
6 12 4
1 3 4
TOTAL: 7 15 8
Norwood City 0600
P
M
G
Victoria City 0650
P
M
G
11 28 11
1 9 1
TOTAL: 12 37 12
5 5
20 43 26
1 8 6
TOTAL: 21 56 37
Waconia City 0750
P
M
G
1
4
5
79
102
71
6
13
14
TOTAL: 86
119
90
CITY
Watertown City 0350
P
M
G
Young America City 0950
P
M
G
YEARS
92 93 94*
23 62 23
4 10 12
TOTAL: 27 72 35
1
7 10 16
2 3
TOTAL: 9 13 17
UNCERTAIN LOCATION
0030
P
M
G
TOTAL:
CA FILE NUMBERS: 26999, 25695, 27904
UNCERTAIN LOCATION
0040
P
M
G
CT FILE NUMBER: T3 -93 -536
1
1 1
0 2 1
1
TOTAL: 0 1 0
0100
p
M
G
CA FILE NUMBER: 25328
GRAND TOTALS
UNCERTAIN LOCATION
1
TOTAL: 1
92
93
94*
p
2
44
89
M
734
1044
620
G
106
245
174
TOTALS:
842
1333
883
UNCERTAIN LOCATION
1
TOTAL: 1
PROSECUTION PERCENTAGES BY TWSP'S & CITIES
GRAND TOTAL
CASES
ALL TWSPIS
& CITIES 842 1333 883
TOTALS
Benton Twsp
92 93 94*
TOTAL CASES
6
12
8
26
PERCENTAGE
.71%
.900
.90%
.85%
PERCENTAGES
.23%
.07%
0%
.09%
Camden Twsp
TOTAL CASES
2
8
1
11
PERCENTAGES
.23%
.60%
.11%
.35%
Laketown Twsp
Chaska Twsp
18
37
34
89
TOTAL CASES
1
6
3
10
PERCENTAGES
.11%
.45%
.33%
.32%
Dahlgren Twsp
TOTAL CASES
7
17
5
29
PERCENTAGES
.83%
1.2%
.56%
.95%
Hancock Twsp
TOTAL CASES
2
1
0
3.
PERCENTAGES
.23%
.07%
0%
.09%
Hollywood Twsp
TOTAL CASES
6
14
15
35
PERCENTAGES
.71%
1.1%
1.7%
1.1%
Laketown Twsp
TOTAL CASES
18
37
34
89
PERCENTAGES
2.1%
2.8%
3.9%
2.9%
Watertown Twsp
92
93
94*
TOTALS
TOTAL CASES
San Francisco
Twsp
16
50
PERCENTAGES
2.1%
TOTAL CASES
2
2
7
11
Young America Twsp
,
PERCENTAGES
.23%
.15%
.79%
.35%
.59%
Waconia Twsp
.56%
.81%
TOTAL CASES
12
20
14
46
PERCENTAGES
1.4%
1.5%
1.6%
1.5%
,
Watertown Twsp
TOTAL CASES
18
16
16
50
PERCENTAGES
2.1%
1.2%
1.8%
1.6%
Young America Twsp
TOTAL CASES
5
15
5
25
PERCENTAGES
.59%
1.1%
.56%
.81%
Carver City
TOTAL CASES
13
20
8
41
PERCENTAGES
1.5%
1.5%
090%
1.3%
Chanhassen City
TOTAL CASES
157
267
164
588
PERCENTAGES
19%
20%
19%
19%
Chaska City
TOTAL CASES
420
541
382
1343
PERCENTAGES
50%
41%
43%
44%
Cologne City
TOTAL CASES
9
28
10
47
PERCENTAGES
1.1%
2.1%
1.1%
1.5%
92
93
94*
TOTALS
Hamburg City
I
TOTAL CASES
0
4
7
11
PERCENTAGES
0%
.30%
.79%
.35%
Mayer City
TOTAL CASES
1
10
4
15
PERCENTAGES
.11%
.75%
.45%
.49%
New Germany
TOTAL CASES
7
15
8
30
PERCENTAGES
.83%
1.1%
.90%
.98%
Norwood City
TOTAL CASES
12
37
12
61
PERCENTAGES
1.4%
2.8%
1.4%
2.0%
Victoria City
TOTAL CASES
21
56
37
114
PERCENTAGES
2.5%
4.2%
4.2%
3.7%
Waconia City
TOTAL CASES
86
119
90
295
PERCENTAGES
10.2%
8.9%
10.2%
9.6%
Watertown City
TOTAL CASES
27
72
35
134
PERCENTAGES
3.2%
5.4%
4.0%
4.4%
Young America
City
TOTAL CASES
9
13
17
39
PERCENTAGES
1.1%
.97%
1.9%
1.3%
92 93 94* TOTALS
UNCERTAIN LOCATION
0030
TOTAL CASES 0
PERCENTAGES 0%
CA FILE NUMBERS: 26999, 25695,
2
.15%
27904
1
•
3
•
UNCERTAIN LOCATION
0040
TOTAL CASES 0
1
0
1
PERCENTAGES 0%
.07%
0%
.03%
CT FILE NUMBER: T3 -93 -536
UNCERTAIN LOCATION
0100
TOTAL CASES 1
0
0
1
PERCENTAGES .11%
0%
0%
.03%
CA FILE NUMBER: 25328
GRAND TOTALS
92 93 9 4*
P 2 44 89
M 734 1044 620
G 106 245 174
TOTALS: 842 1333 883 = 3058
* Figures represent files up to Sept. 30, 1994.
Report prepared Oct.12, 1994.
SENTENCING TO SERVICE
' Dept. of Corrections —Dept. of Natural Resources
450 Nor :h Syndicate Street, 1 400
St. Paul, MN 55104
. 1 — 612 %642.0337 FAX - 612:642 -0223
'
T October 26,
1994
'
Dave Loftness,
Director
Carver /Scott County Court Services
'
Courthouse
Chaska, MN
55318
Re: Sentencing
to Service Quarterly Report - Juvenile Crew
Dear Dave:
Following is
a list of projects worked, and an overall summary
of activities of your
Carver /Scott County Juvenile crew for.the period from July through
September 1994.
'
Date
Proiect
1 In Crew
7/25/94
Prior Lake - Weeding
8
'
7/26
7
7/2i
10
'
7/28
9
8/1
Scott Co. Fairgrounds - Clean up
7
8/2
Phyllis Wheatly Camp - Trim Trees
8
'
8/3
if ,
5
8/4
,� ,�
6
8/15
�� ,� ,�
6
'
8/16
7
8/17
" " " "
6
8/22
If It
6
'
8/23
of It
6
8/24
�� ,� to It
9
8/25
Victoria - Landscaping, Painting
6
'
8/30
Prior Lake - Weeding
9
8/31
Belle Plaine - Landscaping
8
9/1
Prior Lake - Landscaping, Weeding
6
'
9/2
Waconia - Paint School
8
9/6
Prior Lake - Weeding
4
9/7
1' ,� .�
3
'
9/10
Caner Co„ Courthouse. - Landscaping
13
9/17
7
Dave Loftness, Director '
October 26, 1994
Page 2
Date Proiect s In Crew ,
9118 Carver Co. Courthouse 7
9/19 Prior Lake - Painting 1 '
9/24 10
9/25 10
During this past quarter your juvenile STS program served 67 male and 12 female offenders '
who worked 1,617 hours. Based on a rate of $5.00 per hour, this is a benefit of $8,085.00.
Adult crews were taken a few days when juveniles were not available, thus saving 8 jail bed '
days for a benefit of $440.00. (Based on $55.00 per diem.) Estimated market value of
projects was $5,710.00. This is an overall benefit to the two counties of $14,235.00
As you are aware, a number of problems surfaced during this first quarter of operation with '
your juvenile crew. Thus, crewleader Gregory Holmes' employment with the State was
terminated effective 10/20/94. The position is currently open for transfer. I hope to hold '
interviews with applicants the week of Nov. 7, and if all goes well, have the new
crewleader on board by Dec. 1, 1994. 1 apologize for the inconvenience I know this is
causing in both Carver and Scott Counties. I
Sincerely,
Bob Hunter, STS Region Vi Supervisor
B H /gi
cc: ,tilike Thuening '
Lynn Cullen
n
SENTENCING TO SERVICE
Dept. of Corrections —Dept. of Natural Resources
450 North Syndicate Street. - 300
St. Paul. MN 55104
612/642 -0337 FAX-612/642-0223
October 26, 1994
Dave Loftness, Director
Carver County Court Services
Courthouse
Chaska, MN 55318
Re: Sentencing to Service Quarterly Report - Adult Crew
Dear Dave:
Following is a list of projects worked, and an overall summary of activities of your
Carver County Adult crew for the period from July through September 1994.
Date
Proiect
In Crew
7/1/94
Courthouse - Lawn ,Maintenance
3
7/2
Carver - Painting Picnic Tables, Brushing
8
7/6
Courthouse - Lawn maintenance
3
717
Watertown - Brushing, Clean up
4
7/8
it of
4
7/9
County Shop - Brushing, Clean up
14
7/14
Watertown - Brushing
3
7/15
5
7/16
7
7/20
Waconia - Courthouse Bldg. - Lawn Maintenance
1
7/21
Watertown - Brushing, Clean up
4
7/22
Waconia - Ag Ext - Paint
5
7/23
If
10
7/27
Courthouse - Lawn Maintenance
4
7/28
Watertown - Brushing, Build Handicap Ramp
4
7/29
County Shop - Brushing, Lawn Maintenance
8
7/30
Carver - Brushing, Wax/Wash Fire Trucks
9
8/3
Courthouse - Lawn Maintenance
5
8/4
Watertown - Paint
7
8/5
Waconia - Clean for Fair /Luce Line Trail - Brushing
4
8/6
DNR - Trail Brushing
7
8/17 - --
Courthouse - Move to Gov't Center
6
Dave Loftness, Director '
October 26, 1994
Page 2 '
Date
Proiect
T In Crew
'
8/18
Watertown - Paint, Clean up
6
8/19
Courthouse - Move Miscellaneous - Gov't Ctr.
5
'
8/20
DNR - Trail Brushing
8
8/24
Courthouse - Lawn Maintenance
1
'
8/25
Watertown - Paint, Roofing
4
8/26
Chaska - Trail Brushing
2
8/27
DNR - Trail Brushing
6
'
8/31
Courthouse - Lawn Maintenance
Waconia - Move Furniture
6
9/1
Watertown - Roofing, Painting
6
'
9/2
Chaska - Trail Brushing
7
9/3
DNR -Trail Maintenance
7
9/8
Mayer - Paint Fire Hydrants
1
'
9/9
Courthouse - Sodding
5
9/10
New Prague - Helped Scott Co. Crews Paint
8
9/14
Courthouse - Lawn Maintenance
4
'
9/15
Watertown - Plant Trees
1
9/16
Mayer - Paint Fire Hydrants
1
9/17
Watertown - Plant Trees
3
'
9/21
Courthouse - Lawn Maintenance
6
9/22
9/23
Watertown - Painting
Watertown - Painting
4
5
'
9/24
New Prague - Helped Scott Co. Crew Paint
9
9/30
Courthouse - Lawn Maintenance
4
'
During this past quarter your Carver County Adult STS Crew served 31 male and 3 '
female offenders who worked 1,864 hours. At a rate of $5.00 per hours. This is a
benefit of $9,320.00 Eighty jail bed days were served for a benefit of $4,565.00. (Based
on $55.00 per diem.) Estimated market value of completed projects was $23,602.00. '
Dave Loftness, Director
October 26, 1994
Page 3
This is an overall benefit to Carver County for this one quarter's STS operation of
$37,487.00
If you have questions regarding this report or your Carver County STS program, please
contact me.
Sincerely,
Bob Hunter, STS Region VI Supervisor
BH /gj
cc: Lynn Cullen
Jeff Peterson