1f Prosecution ContractCITYOF
CHAN EN
City Center Drive, PO Box 147
~anhassen, Minnesota 55317
Phone 612937.1900
7eneral Fax 612.93Z5739
e, ineering Fax 612.93Z9152
'~lic Safety Fax 612.934.2524
;'b www. ci. chanl~assen, mn. us
MEMORANDUM
TO:
FROM:
DATE:
SUB J:
Mayor
City Council
Scott A. Botcher, City Manager
October 18, 1999
2000 Prosecution Contract
Please find attached a copy of a contract from the Carver County Attorney seeking
ratification for the provision of prosecution services during calendar year 2000.
I have discussed the contract with our City Attorney and he finds it to be in order.
Additionally, I asked Mr. Knutson how applicable performance standards were in
a legal engagement, especially as performance standards relate to the ABA tenets.
He indicated that performance standards in a legal arrangement are difficult as
they do conflict with the ABA tenets and would therefore be inappropriate in this
setting. However, I did contact Mr. Fahey and during our discussion I indicated
that I wished to have a discussion with him concerning the expectations of the
City of Chanhassen as it relates to prosecution.. We will have this meeting
between now and January 1st SO I fully understand the operation of his office and
he understands fully the concerns of the City of Chanhassen as it deals with the
cases that will come before him.
That being said, this item is on the Consent Agenda this evening and I seek your
approval. As always, please call with any questions.
g:\user\scottb\prosecution contract.doc
City o£Chanhassen. A e~vwin~ communit3, ivith clean lakes aualin' schools a cha,,i, e downtown; thrivin¢.businesses, and.beautiful oarks. A ereat O/ace to live. work, and olay. ._ -
CARVER
COUNTY
MICHAEL A. FAHEY
CARVER COUNTY ATTORNEY
Government Center, Justice Center
600 East Fourth Street
Chaska, Minnesota 55318-2188
(612) 361-1400
(612) 361-1413 Fax
October 12, 1999
Mayor and City Council Members
City of Chanhassen
City Administrative Offices
690 Coulter Drive
Chanhassen, MN 55317
2000 PROSECUTION CONTRACTS
Law Office Coordinator
Christopher Weldon
Criminal Division
Peter Ivy, Head
Tara E. Keehr
Gina M. Brandt
Martha E. Mattheis
Carrie Daklin, Paralegal
Victim Witness Coordinator
Nancy E. Yates
Civil Divisio~ '
Robert G. He~Incks, Head
MelissaA. R~sow}
Edith M. Anderson, Paralegal
Juvenile Div~on
Janet L. Bark{Cain, .Head
Kevin G. Ced~gren
~ .
Enclosed for your review is a proposed contract for municipal prosecution services. The .C~er
County Board and County Attorney's Office are again offering to provide this service t~ the
municipalities in Carver County.
Please execute both contracts and return them to me. After the county board acts on the-
contracts, we will return a si~ned original to yOu for your records.
If you have any questions, please feel free to call me. It has been a pleasure to offer this sera'ce
to all the cities in Carver County. Hopefully you feel it is cost-effective for your city and
residents. We have one ofthemost efficient justice systemsin the state in part because ofth!
~prosecution contract with your city. : ~
Yours truly,
MICHAEL A. FAHEY
CARVER COUNTY ATTORNEY
MAF/dtr
Enc.
Affirmative Action/Equal Opportunity Employer
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 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 proseca.~ed by the attorney'of the mun:~cipality where the violation is allegcd 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, 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 $50.00 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 1,2000, and extending through December 31, 2000.
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.
4) The City shall forward current traffic ordinances to the County Attorney's Office
and immediately inform the County Attorney of any changes made during the contract period.
5) Carver 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, 2000.
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:
Mayor
IN PRESENCE OF:
City Administrator
Date: Date:
COUNTY OF CARVER
BY:
Chairperson
Board of Commissioners
Date:
APPROVED AS TO FORM:
Michael A. Fahey #28071
Carver County Attorney
Date:
IN PRESENCE OF:
County Administrator
Date: