1b Carver Co Prosecution Cont
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MICHAEL A. FAHEY
CARVER COUNTY ATTORNEY
Government Center, Justice Center
600 East Fourth Street
Chaska, Minnesota 55318-2188
(952) 361-1400
(952) 361-1413 Fax
Chief Deputy County Attorney
Kari L.S. Myrold
Law Office Coordinator
Christopher Weldon
Civil Division
Robert G. Hendricks, Head
Melissa A. Rossow
Edith M. Anderson, Paralegal
CARVER
COUNTY
Criminal Division
Peter Ivy, Head
Tara E. Keehr
Martha E. Mattheis
Michael D. Wentzell
Carrie Daklin, Paralegal
Victim Witness Coordinator
Nancy E. Yates
Juvenile Division
Janet L. Barke Cain, Head
Kevin G. Cedergren
October 19,2000
Mayor and City Council Members
. City of Chanhassen
City Administrative Offices
690 Coulter Drive
Chanhassen, MN 553 I 7
RECEIVED
OCT 2 6 2000
CITY OF CHANHASSEN
RE:
2001 PROSECUTION CONTRACTS
Enclosed for your review is a proposed contract for municipal prosecution services. The Carver
County Board and County Attorney's Office are again offering to provide this service to 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 signed 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 service
to all the cities in Carver County.' Hopefully you feel it is cost-effective for your city and
residents. We have one of the most efficient justice systems in the state in part because of the
prosecution contract with your city.
Yours truly,
M:~I't:~
MICHAEL A. FAHEY
CARVER COUNTY ATTORNEY
MAF/dtr
Enc.
Affirmative Action/Equal Opportunity Employer
Printed on 10% Post-Consumer Recycled Paper
JOINT POWERS AGREEMENT PROSECUTION CONTRACT
TillS 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 oÍ 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 cOIÌsideration 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:
I) 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 I, 200 I, and extending through December 3 I, 200 I,
3) In consideration for said prosecution services being rendered, the County of Carver
shall collect an additional one-third (I/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 3 I, 200 I.
IN WITNESS WHEREOF, each of the parties has caused this Agreementto be executed
by its appropriate officers and with the consent and approval of its appropriate governing bodies.
CITY OF CHANHASSEN
BY:
IN PRESENCE OF:
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
Date:
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 Jaws 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. §47J.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 misderneanor, 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
Comrnissioners, the Carver County Attorney, and the City of Chanhassen, through its Council, that:
I) 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
~...
i,
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 I, 2001, and extending through December 3 I, 200 I.
3) In consideration for said prosecution services being rendered, the County of Carver
shall collect an additional one-third (113) 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 31,2001,
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:
Mayor
City Administrator
Date:
Date:
2
COUNTY OF CARVER
IN PRESENCE OF:
BY:
Chairperson
Board of Comrnissioners
County Administrator
Date:
Date:
APPROVED AS TO FORM:
Michael A. Fahey #28071
Carver County Attorney
Date:
3