90-350 ORIGINAL � �� �^
council File # �0�Sa
Green Sheet #
RESOLUTION ---�
CITY O AINT PAUL, MINNESOTA
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Presented By
Referred To Committee: Date
WHEREAS , A criminal investigation has been brought against Saint
Paul Police Officers David Timm and David Plucinak for potential
criminal charges of Assault IV; and
WHEREAS , Said complaint arose in the City of Saint Paul and
is therefore in the prosecutorial jurisdiction of the City Attorney;
and
WHEREAS , The City Attorney' s Office cannot undertake the prose-
cution of said complaint by reason of potential conflict ; and
WHEREAS , The City Council has by virtue of City Charter Section
5. 02 the authority to retain a special prosecutor at the request
of the City Attorney and further has the authority to fix or set
the compensation to be paid; now, therefore , be it
RESOLVED, That Anne B. Petersen is hereby appointed to be the
special prosecutor for said complaint against Officers David Timm
and David Plucinak; and, be it
FURTHER RESOLVED , That the fee for such services be $85. 00 per
hour.
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Yeas Navs Absent Requested by Department of:
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Adopted by Council: Date
Form Approved by City Attorney
Adoption Certified by Council Secretary gy; ��, �..` �'Z3'�
By' Approved by Mayor for Submission to
Approved by Mayor: Date
Council � �
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By: By'
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DEPARTMENTlOFFI(�/COUNqL DATE INITtATED � �O�
' City Attorney's Office a/ao/90 GREEN SHEET No.
INITIAU DATE INITIAUDATE
CONTACT PERSON 3 PHONE �DEPARTMENT�HECTOR �CITY COUNqL
Reyrie Rof uth 298-4271 ��� �qTY ATTORNEY �CITY CLERK
MUST 8E ON COUNqL AOENDA BY(DATE) ROUTINO �BUDOET DIRECTOR �FIN.8 MOT.SERVICEB DIR.
O MAYOR(OR ASSISTANn � ,
TOTAL#�OF 81�iNATURE PAQES (CLIP ALL LOCATIONS FOR SIGNATUR� '
ACTION REIXIESTED:
Retaining special prosecutor for conflict of interest case involving criminal prosecution
of two (2) St. Paul police officers.
RECOMMENDATIONS:Approw(A)a Rs�ct(f� Cp{JNqL COMMITTEE/RESEARCH REPORT OPTIONAL
_PLANNINQ COMMI8810N _qVIL SERVICE COMMI3310N ��Y� P�E��
_CIB COMMITTEE —
COMMENT3:
_STAFF _
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SUPPORTS WHICH COUNqI OBJECTIVE?
INII7ATINO PROBLEM,ISSUE,OPPORTUNITY(VVIw,What,When,Where,Why): �,
St. Paul City Attorney's office represents 5t. Paul police officers civilly and the
criminal division prosecutes with St. Paul police officers as witnesses. When those same
officers engage in criminal activity, it becomes a professional conflict of interest to
review and prosecute those officers. Two St. Paul police officers engaged in behavior
which potentially could be charged as assault IV.
ADVANTAOES IF APPROVED:
Avoid conflict of interest
Prosecution of criminal incident in St. Paul
Upholding interest of justice
DtSADVANTA(iE8 IF APPROVED:
None foreseen
D18ADVANTAOES IF NOT APPROVED:
Inability to prosecute criminal activity in St. Paul due to conflict of interest.
I�EC�iVED
1�IAAR011� ���:'c�i ►{ES��rcr� �:enter.
CITY CLERK FE B 2 � 1��
TOTAL AMOUNT OF TRANSACTION a 8 5.O O�Yl r'. C08T/REVENUE BUDOETED(GRCLE ONE)� NO
�N���� General Government Accts. ACTIVITY NUMBER 09073
FINANCIAI INFORMATION:(EXPWN)
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