1d. 1998 Prosecution Contract with Carver County Attorney
CITY OF
CHANHASSEN
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690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317
(612) 937-1900 . FAX (612) 937-5739
A.~tion by CitY' M~;ni::':';,;.;'
FROM:
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Mayor & City Council ,/
Don Ashworth, City Manager I!P Y
Scott Harr, Public Safety DirectorlV
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MEMORANDUM
TO:
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DU:3 Slit. ,i:;tt-..rl :n Ct.=u';(.{
DATE:
November 18, 1997
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SUBJ:
1998 Prosecution Contract with Carver County Attorney
This memo is to recommend that the City of Chanhassen once again enter into the Prosecution Contract
with the Carver County Attorneys Office for certain criminal complaints and traffic ordinance violations.
Because the majority of traffic violations in Chanhassen are written by Carver County deputies, it is
reasonable to have Carver County prosecute these. Also, it turns out at this point to be cheaper since
their prosecutors are already in court as opposed to having our city attorney present. Under this
agreement, fines are divided into thirds with the city getting one third, the Carver County general fund
getting one third, and the county attorneys office getting one third, (other than city ordinances and
parking fines, which the city gets 100%).
I have consulted with our city attorney who believes that at this point this relationship is the most cost
effective for us.
RECOMMENDATION: It is the recommendation of staff that the city enter into the 1998 Prosecution
Contract with the Carver County attorney.
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County Attorney
Michael A. Fahey
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Office of County Attorney
Government Center, Justice Center
600 East Fourth Street
Chaska, Minnesota 55318-2188
(612) 361-1400
(612) 361-1413 Fax
Chief Deputy County Attorney
Kari L.S. Myrold
Criminal Division:
Peter Ivy, Head
Tara E. Keehr
Gina M. Brandt
PaulJ.Johnson
Civil Division:
Kari L.S. Myrold, Head
Shari L. Sterud
Edith M. Anderson, Paralegal
CARVER
COUNTY
Victim Witness Coordinator:
Christopher Weldon
Juvenile Division:
Janet L. Barke Cain. Head
Kevin G. Cedergren
FROM:
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CITY ADMINISTRATIVE OFFICES ~
(CARVER, CHANHASSEN, CHASKA, COLOGNE, HAMBURG,
MAYER, NEW GERMANY, VICTORIA, WACONIA, WATERTOWN
AND NORWOO?'ll2-ONG AMERICA)
MICHAEL A. JKU~~ CARVER COUNTY ATTORNEY
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TO:
DATE:
OCTOBER 29, 1997
SUBJECT: 1998 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.
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
documents, we will be unable to provide the prosecution services.
If you wish to renew the contract as proposed, please sign the
original and return it to my office at your earliest convenience.
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.
If you have any questions or need further information, please feel
free to contact me. I look forward to participating in this
cooperative effort.
AjJirmatil'e Action/Equal Opportunity Employer
Primed Oil 10% Post-Consumer Recycled Paper
REceIVED
OCT 3 1 1997
i~\TY Of CH/\\\lHASSEl'l
H:\USERS\EGS\WPDOCS\CIVILLIT\l-PROSK
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. ~4 71.59, 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, t.he
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 $35.00 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, 1998, and extending
through December 31, 1998.
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 I 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
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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, 1998.
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:
City Administrator
Mayor
Date:
Date:
COUNTY OF CARVER
IN PRESENCE OF:
BY:
County Administrator
Chairperson
Board of Commissioners
Date:
Date:
APPROVED AS TO FORM:
Michael A. Fahey #28071
Carver County Attorney
Date:
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