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HomeMy WebLinkAbout1998-12-02 PACKET 04.O.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 12/02/98 �-(. d • PREPARED BY : Administration Ryan Schroeder ORIGINATING DEPARTMENT STAFF AUTHOR �>���>����.����<,���.�««<.<.�.>.,,�.��.�.x��>W<�>< COUNCIL ACTION REQUEST: Authorize three (3) year prosecution services agreement with F. Joseph Taylor, P.A. STAFF RECOMMENDATION: Autnorize agreement BUDGET IMPLICATION: $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION: DATE ❑ PLANNIfVG ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVIGESiRIGHTS ❑ ECONOMIC DEV. AUTNORITY ❑ $ ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUPVIENTS: � PJ��MOlLETTEP: Memo !rom F. Joseph Taylor dated 1?!12/9& ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Copy pf 1997 service agreement; Client surnmary �� ,, �. » l�� ��� Date �����«����.����.����»���� cau�c�� a� - ra��r�: ❑,a�P�avED ❑ o��iE� � c�-r��� f� ���� � I I' I I I�•\ � I��� I'� . I'. �� . F. Joseph Taylor ATTORNEY AT LAW ?064 West Point Dougfas Road • S�ite 203 Coccage Grove, Minnesota 55016 (651)459-6644 Phone (651)459•4719 Fax Patty DeRocker Criminal Paralegal Ellen Brand Adminis[rative Assistane •-. ��� TO: Mayor Jack Denzer Councilmember Jim Woicott Councilmember Rod Hale Councilmember Sandy Shiely Councilmember Cheryl Kohls FROM: F. Joseph Taylor DATE: November 12, 1998 RE: I. Prosecution Update Ii. Proposal for new contract Dear Mayor Denzer and Councilmembers: I am writing this Memorandum to both update Councii on the prosecution services provided over the last few months and to submit, for Council consideration, a proposed contract beginning January 1, 1999. PROSECUTION UPDATE My March 23, 1998 Memo addressed various issues including the increased caseload due to the changes in �Uiinnesota's Dlii law effective January 1, 1998. The changes specifically targeted repeat drunk drivers, including enhanced crimes if the driver's test is 0.20 or more, and a new offense level termed an "Enhanced Gross Misdemeanor". Plate impoundment and motor vehicle forfeiture provisions were strengthened. I predicted that these changes would result a noticeable increase in billable time. Council is aware that the prediction came true as per my Memo of May 14th and Council's agreement to increase the original fee cap. My May 14th Memo to Council also addressed the backlog associated with the trial calendar in Cottage Grove. The Washington County Bench was looking at the possibility of moving Jury Trials to the Stillwater Courthouse. That memo discussed my concem over this move as it wiil increase costs to the City for both my involvement in prosecution services as well as addition�l Court and trave{ time far Cattage Grove Police Officers. It was assumed that Court Administration wili add additional Jury Trial dates to aileviate the Court back log. Unfortunately, these predictions have also come true. November 12, 1998 MAYOR DENZER AND COUNCILMEMBERS Page 2 A. Trial calendar: The 1999 calendar plan for Washington County provides that Cottage Grove cases set for Jury Trial will be moved to the Stillwater Courthouse, effective January 1, 1999. There was no notice provided to South Washington County Prosecutors of this change nor were any of us asked to provide input on the calendar plan. The decision was made by the Judges in Washington County. The second major change associated with the 1999 calendar plan is the scheduling of Jury Trials four out of five Mondays. We were operating on an every other Monday schedule or two out of four. During the first year of the contract, there were 22 Jury Trial dates. I now anticipate the number to be approximately 40 Jury Trial dates in 1999. These changes are important as they will impact both the time I spend in providing the same levei as services and also, the costs that the City pays its Officers noticed for Stillwater Court as weiV as additional travel expenses. I have prepared statistical data regarding the Jury Trial calendar over the last year and a half and provided this data to Chief Kinsey, who is also very concerned with the potential impact to his department. In the first year of my contract there were 147 Jury Trial "files" with over 200 police witnesses noticed for those files. Based on these numbers, I believe the City will see a noticeabie increase in costs when this caiendar is moved to the Stillwater Courthouse. With respect to the calendar setting Jury Trials every four out of five Mondays, I am concerned over the additional time needed to service this many Jury Triai dates. Not only for the time we wi�l be traveling to and from Stiliwater, but also the time required for preparation. Jury Triai settings are the most time consuming part of prosecuting for the City. In most situat:or.s, it takes just as long to h�,nc�l� tvu� or three cases as it does to handle eight or nine cases. 1 will be making every effort to consolidate these dates to attain the same fevel of efficiency that we have had at the Cottage Grove Courthouse. I am currently averaging approximately seven to eight Jury files every trial setting. B. Chan�es in Law: As discussed previously with Council, the 1998 �egislation contained numerous changes and, most particularly, the Legisiation revamped Minnesota's DUl laws. There have been minimal changes as a result of the last Legislative session such that I do not anticipate any significant increase in our caseload for 1999 due to the Legislature. I do, however, predict that for the year 2Q00, we will see the State's legal limit of 0.10 reduced to 0.08. Obviously, there wau(d be some increase to the overall DUI numbers, however, I don't believe this increase would be substantial. November 12, 1998 MAYOR DENZER AND COUNCI�MEMBERS Page 3 C. Otherlssues: In custody detention: As expiained in the last memo, we have impiemented a procedure which meets the requirements with regard to the Rules of Arrest. This new procedure saves time for both the Police Investigators as well as myself and my staff. We have received several comments from the entire Bench applauding Cottage Grove's compiiance in this area. Other agencies have been encouraged to model our procedure. Attending Arraignments: At present, we are one of the handful of the jurisdictions in the County which attend the Arraignment calendar. As I addressed previously, the idea is to resolve as many case files as we can at this early stage in the criminai process. The extra hour or two that we spend each week has resufted in a significant cost savings to the City. The vast majority of these cases, particularly in the area of petty misdemeanors, are resolved by negotiation at arraignment thereby eliminating the need to notice Officers for Court Trials. The City saves overtime dollars. Repeat Drunk Drivers: At the direction of Chief Kinsey, we have initiated an aggressive approach to our prosecution of repeat drunk drivers, people with multiple prior alcohoi- related convictions. As a result, we are seeing increased fines and lengthy jail sentences. We have also impiemented an aggressive "no negotiation" forfeiture policy. Every vehicle that is eligible for forfeiture will be forfeited. We do not return the motor vehicie to the offender at any price. The vehicles received through the forfeiture process are then sold at auction. Because the Legisiature has simpiified the process to forFeit motor vehicles, we have experienced a substantial increase in the number of forfeiture files. Fine Revenue: The County confirmed that the fine revenue through October is �120,570.60. 1 suspect the totai year end will be at approximately $150,000, very similar to last year. As of October, Judges have ordered Cottage Grove defendants to pay "costs of prosecution", totaling $9,250.50. The prosecution costs are in addition to the fine revenue received through the County. Circie Sentencing: In my last memo I discussed a domestic abuse pilot project known as "Circle Sentencing." The program's focus is to initiate direct community involvement in cases of domestic abuse. I am pleased to report to Council that the program's criteria has been estabiished and there, at present, a coupie of cases currently running through the program. I believe we wiii see media attention once this program becomes established. November 12, 1898 MAYOR DENZER AND COUNCILMEMBERS Page 4 II. PROPOSAL FOR PROSECUTION SERVICES According to our existing agreement, the City pays the rate of $70.00 per hour with a fee limitation of $94,000.00. The original contract, signed June 4, 1997, provided a fee limitation of $87,500.00. The fee limitation was amended by Council in May, 1998 to the current level of $94,000.00 premised upon the 1998 Legisfative changes and the corresponding increase in caseload due to those changes (A copy of the legai services agreement dated June 4, 1997 is attached hereto.) Prosecution Proposal "A" (3-year contract�; Under this proposal I would agree to provide the same prosecution "services" set forth in paragraph 1 of our existing Agreement as well as add the new offense level, "Enhanced Gross Misdemeanors", to my responsibility. Ali of the other terms and conditions of the existing Agreement would remain unchanged with the exception of amending paragraph 2 relating to the fee limitation and paragraph 7 relating to the length of the agreement. 1 propose the hourly rate of $70.00 to remain unchanged. I propose a three year duration with the fee limitatian as follows: for the first year, I propose °no change" and the fee limitation would remain the same as its current rate, $94,000.00; in the second year, the fee limitation would increase to $98,000.00; and then in the third year, the fee limitation would increase to $101,500.00. The first year fee limitation allows for approximately 1,342 bilfable hours. The second year fee limitation would aliow for 1,400 billable hours and the third year would allow for 1,450 billable hours. I am current�y averaging 125 billable hours per month which translates into 1,500 hours per year. (I have attached a copy of the Cottage Grove Prosecution Summary and Caselaad ��eakdown for the past tw�lv@ y�ars. ! hav€ aiso attach�d a copy of ���y billing summary for prosecution services from the beginning of my contract, July, 1997.) 1 recognize that the proposed fee limitation and approximate billable hours are less than what I currently expend to provide prosecution services. However, a number of factors enter into my decision in proposing the above fee limitation: 1) I recognize and appreciate Council's recent modification to the original agreement of $87,500.00 based on the Legislative changes; 2) I value the security provided in a contract with a three-year duration; and 3) even though i anticipate an increase in the caseload numbers due to the growth of our City and the changes in the Court calendar, 1 am optimistic that I can work with Court Administration in consolidating trial settings so that I do not have as many new Jsary Trial dates as predicted. I am also optimistic that I can work with Court Administration in cutting down the number of Stiliwater Gourt appearances mede on their Tuesday and Thursday calendars by moving them to coincide with Monday appearanaes. November 12, 1998 MAYOR DENZER AND COUNCILMEMBERS Page 5 It is for these reasons that I am proposing no increase in either the hourly rate or the fiee cap for the first year fo►lowed by increases of 4.2% and 3.5%, respectively in the fee limitation for years two and three. Forcomparative purposes, the Cottage Grove Council in 1995 approved a fee limitation of $102,000.00 for prosecution. In the third year of my proposed contract, the fee limitation will still be less than it was in 1995. Additionally, the 1995 contract did not include such matters as civii forteiture and housing matters. In 1995, the latter services were billed separately under "general civil." Prosecution Proposal "B" (2 year contract� As an altemative, I would entertain a contract with a two year duration. My proposal is to keep the rate constant at $70.00 per hour. The fee limitation, in the first year would increase to $98,000.00 allowing for approximately 1,400 billable hours. in the second year, the fee limitation would increase to $101,500.00 allowing for approximately 1,450 biilabie hours. Again, the proposed increase is approximately 4% each year. Conclusion: The City of Cottage Grove is growing and we hire more police officers as a result of this growth. The Legis{ature changes the law and, with it, the responsibilities of both prosecutor's and police. Court Administration decides to change its calendar. None of these factors are within either of parties' control. As I am looking at the current caseload, it is obvious that the amount of billable time already exceeds the aliotted time in aIB three years of #he proposed contract. If there were no fee limitation, the City would be paying fees currently in excess of $105,000.00, an increase of 12%. Based on current volume, I recognize that both proposals are, in essence, a flat fee. If anyone on the Council desires additional information relative to either the proposais presented or any of the issues set forth in my update, please advise and I would be happy to either supplement the information in writing or appear in person, Thank you for your consideration. cc: Chief Jim Kinsey Ryan Schroeder, City Administrator SUMMARY • ... . • - ... . : PROSECUTION SERVICES PROPOSAL BEGINNING JANUARY 1. 1999 Rate - $70.00 per hour 3-year contract Fee limitation: ear 1999 2000 2001 Rate - $70.00 per hour 2-year contract Fee limitation: Year 1999 2000 Amount $ 94,000.00 $ 98,000.00 $101,500.00 Amount $ 98,000.00 $101,500.00 �.� . . . This agreement, made this � day of , 1997, by and between the City of Cottage Grove, Minnesota, hereinafter referred to "Ciry," first parcy and the law firm of F. Joseph Taylor, P.A., hereinafter referred to as "Taylor," second pariy. RECITALS A. City has selected TayIor to serve as the law firm providing criminal prosecuflon services to the City based upon a formal proposal submitted by Taylor and the subsequent discussions. B. City and Taylor desire to embody their understanding in this agreement in order to memorialize their agreement on such matters as the scope of services and the fee arrangement. Therefore, it is hereby agreed betv✓een the parties as follows: 1. S�"RVI Taylor will prosecute all petty misdemeanor, misdemeanor and gross misdemeanor offenses by including the ordinances of the City, occurring within the geographical boundaries of the City. Taylor will provide the following prosecution legal services: a} vi i. Review of investigatory reports; consultations with police and City officials throughout the work week, evenings and weekends; advising the police and the other City departments on appropriate action or follow-up to be taken in all cases submitted. b) ar i. Draft complaints for statutory and ordinance violations (petty misdemeanor, misdemeanor and gross misdemeanor}; if probable cause exisu, drafting appropriate documents and arranging to have the Complaint signed before a 7udge of the Washington County District Court; azranging to have the defendant appeaz in response to appropriate process. c) Arraignmen?s. Appearing at arraignments fos the City in Washington County Dis� �t Ce»rt (petty *nisdemeanors, irusdemeanors and gross xrusdemeanors). d) �ourt Trials. Representing the City at trials for petty misdemeanors (and some misdemeanors) in Washington County District Court; assembling a case file; notifying and/or subpoenaing all necessary witnesses; obtaining all necessary documentation (certified driving records, prior conviction records, insurance records, etc.); meeting with and interviewing witnesses, presenting the City's case, and attending any subsequent proceedings (sentencing, probation, revocauon, etc.). e) Pretrial Conferences. Representing the City at pretrial conferences (misdemeanors and gross misdemeanors} held in Washington County District Court; prepazing a case file, obtaining all necessary documentation (certified driving records, certified conviction records, etc.), notifying and/or subpoenaing any necessary witnesses, contacting victims pursuant to the V ictims' Rights Act (to solicit input on dispositions, restitution, etc.); making and responding to pretrial motions; and appearing for the City at the pretrial hearing. � Omnibus Hearing�. Representing the City at omnibus hearings and/or evidendary hearings held in Washington County District Court; preparing a case file, obtaining all necessary documentation (certified driving records, certified conviction records, etc.), notifying and(or subpoenaing any necessary witnesses, contacting victims pursuant to the Victims' Rights Act; and appearing for the City at omnibus/evidentiary hearings. g) u T'a . Representing the City in jury trials in Washington CounTy District Court {misdemeanors and gross misdemeanors); being available throughout the week should any case be called for trial; preparing the case file, notifying and/or subpoenaing witnesses; obtaining all necessary documents, responding to prehiai and evidenriary motions and presenting the City's case at jury trial. h) enten in . Representing the City at sentencings (petty misdemeanors, misdemeanors and gross misdemeanors); presenting information pursuant to the Victims' Rights Act; supplying the court with all necessary information (prior record, restitution claims, etc.); and arguing the City's case at sentencing. i) �2evocation Hearingg. Representing the City at revocation hearings (petty misdemeanors, misdemeanors and gross misdemeanors); preparing a case file, notifying and/or subpoenaing necessary witnesses; and azguing the City's case at the hearing. j) Ordinance Enforcement. ICeeping a current Cottage Grove �aty Code (Ciry to supply a complete code and all relevant updates); prosecuting ordinance violations; keeping the ordinances current; working closely with the various City depar[ments to enforce all City ordinances; advising the City as requested or required on all ordinance law developments and changes; consulting as necessary with the civil City Attomey on ordinance development and interpretation. k) �lpneals. Appeals from District Court aze to the Minnesota Court of Appeals and then a discretionary appeal to the Minnesota Supreme Court. Appeals are rarely taken by the defense in non-felony matters and almost never pursued by the prosecution. Appeals are not covered by ihis 2 agreement, and may only be initiated with the express permission of the Director of Public Safety and/or the City Administrator. 1) Officer Training. Informing, advising and �aining the Cottage Grove Police and other City departments on legislative changes, case law developments, court room procedures including testifying. m) �ivil Forfeiture. Consulting with pofice and other City officials on forfeiture issues including prosecution case updates, formal updates to the City Council once a forfeiture action has been commenced; preparing all necessary pleadings in the forfeiture action as well as appearing on behalf of the City at any pretriaUtrial hearings relating to the civil action. n) Petainer Rec�uests. Responding on behalf of the City to any requests for detainer filed with the Court; prepaze any necessary documents relating to transport and appeaz in response to the appropriate process. o) Reports. Maintaining all statistical data relating to prosecution activities and providing updates to Council and staff as requested. 2. FEES. The City agrees to compensate Taylor at the rate of Seventy Dollazs ($70.00) per hour for all criminal prosecution services described in pazagraph l, with a limitation that the annual compensation shall not exceed the sum of Eighry-seven Thousand Five Hundred Dollazs ($87,500.00). No criminal prosecution services or other legal services in addition to those described in pazagraph 1 shall be undertaken by or expected of Taylor without the express request and authorization of the City and without a prior agreement between the City and Taylor as to compensation for any such additional services. 3. ��. Taylor shail also be sepazately reimbursed for any costs and disbursements which it incurs in connection with providing any of the services described in pazagraph 1 of this agreement. Reimbursable costs and disbursements shall include out-of-pocket expenses such as filing fees, transcript fees, photocopying, etc., for documents and materials required ta be served ar,�,'cr filed by the �cw �. T'he casts and disbw*se*rients will be posted on the monthly fee on a per item basis. The costs and disbursements do not include expenses for secretarial or word processing services, office supplies, any expenses related to a back-up attorney. 4. MONTHLY BILLINGS. A fee statement will be submitted by Taylor to the City for legal services and costs and disbursements. The fee statement shatl be submitted to the City Council on a monthly basis. The fee statement shall be in sufficient detail to adequately inform the City concerning the tasks performed, the time spent on each such task, the nature and extent of the costs and disbursements. The fee statements shall also show the total time spent and the fees chazged. 5. CONFLICTS OF INTERF'ST. TayIor agrees that it wili not undertake the representation of any person or other entity duting its appointment as Prosecuting Attomey in instances where such representation may create a potential conflict of interest, unless: a} Taylor reasonably believes the representation will not adversely affect its relationship with the City; and b) The City and such other pesson or entiry have coaasented after consultation. 6. PROFESSIONAT LIABILITYINSiJRANCE. Taylorshallmaintain,duringthe term of this contract, professional liability insurance ensuring payment of damage for legal liability arising out of the performance of professionat services for the City, in the insured's capaciYy as an attomey, in an amount of at least Five Hundred Thousand Dollazs ($500,000.00) with an insurance company in good standing and authorized to do business in the State of Minnesota. 7. TERM OF AGREEMENT. This agreement shall be frorn the date of the approval by th8 Ciry Council through the last day of June, 1998, and being renewed thereafter upon mutual ageement by the parties. Either party may terminate this agreement upon ninety (90) days written notice to the other party. IN WITNESS WFiEREOF, the parties hereto have set their hands the day and yeaz above written. F. JOSEPH TAYLOR, P.A. ,- r�, �.��•" �`t'� t� �, � " ' By: F. Joseph Ta or, President CITY OF COTTAGE GROVE Cienzer, Mayor BY._ LL! d7,c-� � l�/ti'�u�' �arcn �R. Strans'xy, City Clerk Q11-2011 PROSECUTION CONTRACT SiJMMARY Year Total Hours Avera4e Hours/MOnth Total fees for Year 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 859.80 923.30 974.10 1,036.80 1,110.95 1,329.40 1,460.20 1,276.15 1,272.50 1,361.35 1,304.35 1,347.80* 1,510.20** 71.65 76.9 81.17 86.4 92.58 93.30 121.68 106.35 106.04 113.45 108.70 112.30* 125.85** 57,167.40 69,247.50 73,053.00 77,757.00 85,868.00 93,022.50 93,331.00 90,777.92 92,938.50 99,401.25 97,909.97 Unknown* 94,000.00(cap) Q11-2011 PROSECUTION CASE LOAD BREAKDOWN ear Arraicrnments Pre-trials Omnibus Court Trials Jury Trials 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998** 296 494 336 Year Complaints 1986 1987 1968 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998** 123 245 197 198 116 282 197 255 256 121 164 167 212 396 599 503 792 560 644 816 741 779 769 734 770 696 14 9 12 18 41 46 31 40 45 35 28 35 Closed No Prosecutions (cases reviewed but not charged) 81 72 77 63 33 55 22 21 i� 22 35 9 23 52 110 87 128 129 53 90 114 118 90 31 42 54 84 159 138 137 107 91 113 108 129 146 95 116 166 Revocation Hearinas 30 41 Year 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 COTTAGE GROVE FINE REVENUE Court Fines (City's 1/3 share) $ 95,354.00 121,109.00 101,559.46 126,218.00 131,960.00 115,061.00 160,477.00 157,646.00 139,217.40 140,310.08 130,801.65 157,234.53 144.684.'72** Costs of Prosecution 7,500.00 11,100.00** *Estimated based on 6 months of data as I am without billing information from Jack Clinton for the first six months of 1997. **Estimated based on data through October, 1998. 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