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90-605 �-__. �e_c`���� e.: �:c,. ,.�, �� �rj' �" � � � � ��� � � � Counci l Fi le �t ��n �J'r ������ ,)n ��f�—�� Green Sheet # �< � ���`�' RESOLUTION �r�C��1 `�' CI F SAINT PAUL, MINNESOTA Presented By Referred To Comnittee: Date Whereas, Offi Norman Berry, while employed by the Summit-University Teen Center, Inc., to perform security e 'ces at a teen dance held at the Jimmy Lee Recreation Center on May 6, 1989, allegedly assa lted�n individual while attempting to enforce the rules of the Teen Center; and �. � Whereas, Offi er Berry bv�as found by a jury to be not-guilty of the alleged offense, and has requested that the ity of Saint��aul, as his employer, reimburse him for attorney's fees incurred in successfully defendi g himself from these charges; and �'� Whereas, Mi esota Statutes, section 465.76, provides the City Council with the discretion to reimburse officers f r reasonable attorri� 's fees incurred by that employee in defending himself against criminal cha ges for activities tha�arose out of the reasonable and lawful performance of his city duties; and `�,� � Whereas, The Finance, Management an Personnel Committee has considered this request and has determined that the activities from whi the criminal charges arose did not arise out of the performance of city uties, based on the findings the Committee that Officer Berry was in the employ of the Teen Center, that he was attempting o enforce the rules of the Teen Center as opposed to rules of he City, that he was compensate for his services by the Teen Center, that he did not perform any anest of a suspect and that there re Officer Berry was not "on duty" at the time of the alleged riminal offense; Whereas, Whil off-duty, Officer Charles Lutchen ob rved two persons in the act of stealing a coat from a tailor hop and he assisted in the arrest of the�suspects; andJ '�� Whereas, Offi r Lutchen was charged with assaulting on�of the suspects, and was found not guilty; and � Whereas, Offic r Charles Lutchen has requested that the Cit� of Saint Paul reimburse his legal fees incurred i successfully defending himself from a criminai',,charge; and Whereas, The ity Council may reimburse Officer Lutchen for teasonable attorney's fees incurred in the defe e of a criminal charge brought against the officer and which arose out of the reasonable and la 1 performance of duties of the city (Minn. Stat. §465.76); and Whereas, The inance, Management and Personnel Committee has considered the request and has recommend d that the Council autliorize reimbursement based on the Committee's findings that the criminal cha ge arose out of the reasonable and lawful performance of his police duties, which duties include the apprehension of a criminal suspect, he was paid by the Police Department for the time which h expended in preparing official reports as a result of the incident, and that there was no evidenc of malice on the part of Officer Lutchen; now therefore be it a� � -� 9� , �- ��s�bivtd-Tha the Council does hereby concur in the findings and recommendations of the Finance, Manageme t�d Personnel Committee and does hereby decline to reimburse Officer Norman Berry for s at�pmey's fees incurred in defending himself from the criminal charges which arose from the even held���t the Jimmy Lee Recreation Center on March 6, 1989; and be it Further Resol ed, That�'the Council of the City of Saint Paul does hereby concur in the findings and reco endations'b� the Finance, Management and Personnel Committee and does hereby approve the eimbursement to Officer Charles Lutchen for his reasonable legal expenses in the amount of $7,25 .04. �`� , .�, , ;.}. , �� �4 t at.d YVyX�. ,�� �y�� .��� tt� ` ��! �� 3 ;. p��� � � � �: �i �. �: �� ��C. tl t: c, �i —________________c=_ _____=c=___________________________=c e=__________�.;_______________—___ � _______________ __ '.:.. . =v=c =___=o c''_=e=_= si Y as Na s Absent Requested by Department `+ of: D i mona Goswitz ��� Lon Macca ee Rettman Thune Wi son BY� ___�____________________________________ Form Approv by City torney,� Adopted by Council: Date �-;� � Adoption Certified b Council Secretary By. � �' By. i" / �� I ApprQved ��� �by Mayor " for� Submission to Approved by Mayor: Date Coun�il; � By: By: , , � �D „ � U�'_ Committee Report Finance C mmittee December 7, 1990 Page 2 i � j 5. Reso �ution 90-1927 - amending the 1990 Budget by adding $73 , 00 to the Financing and Spending Plan for Street Repair - C1 aning Fund - Equipment Purchase. (Referred from Coun il 11/Ol/90) Apprc�ved 3-0. i 6. Reso ution 90-2153 - authorizing payment of $2,468.24 to Melv'n W. Riley from the Tort Liability Fund in settlement of h' s claim. (Referred from Council 12/11/90) Appr ved 3-0. . 7 . Reso ution regarding the claims of Officers Berry and Lutc en. (Laid over in Finance 07/23/90 at the request of the ity Attorney) APPR VED 3-0. Reso ution fulfilling the claims of Officers Indehar, Bailey and immons. (Laid over in Finance 07/23/90 at the request of t e City Attorney) Approived 3-0. i 8. Resol tion 90-129 - amending the 1990 Budget by adding $7, 110. 00 to the Financing and Spending Plans for Housing Info ation Office. (Referred from Council 12/06/90) Appro ed 3-0. 9. Resol tion 90-2127 - amending the 1990 Budget by adding $11,4 0. 00 to the Financing and Spending Plans for Community Servi es - Libraries - Salary needs. (Referred from Council 12/06 90) Appro ed 3-0. 10. Resol tion 90-2147 - authorizing an agreement with the State Depar ment of Education for the continuation of Lending Libra relationship with the St. Paul Division of Libra ies. (Referred from Council 12/11/90) Appro ed 3-0. � 1 1 �a-l� ; . � Committee Report J Fi.n e t, and Personnel Committee u y 23, 1990 � '��C,.� ,6. Resolution 90 885 - amending the 1990 bud�et by adding ��;�T3" to the Financing and Spending Plans for the Environmental Health Education Pro ram. Re erred from Council 5 29 90 Referred the riginal resolution to Council without recommendation due to lack of a quo um. Rettman will contact Kathy Cairns before going to full Council . Additional Item esoiution 90 605 - acknowledging receipt of claims for payment attorney fees incurred by St. Paul Police Officers Norman Berry and Charles Lutch n. ( • __�,� - �, .c.,c �' �c �1�. Dnfnr.rcr! + f a quorum. Committee Rep rt Fi.n ent, and Personnel Committee ,u y 23, 1990 ;,? ,�.-__ ��l,�' , 6. Resolutio 90-885 - amending the 1990 budget by adding ��;�7� to the Financing and Spending Plans for the Environmental Health Education Pro ram. Referred from Council 5 29 90 Referred he original resolution to Council without recommendation due to lack of a quorum. Rettman will contact Kathy Cairns before going to full Council . Additional It m esolutio 90-605 - acknowledging receipt of claims for payment attorney ees incurred by St. Paul Police Officers Norman Berry and Charles L tchen. (Referred from Council 4j12/90, laid over in Committee 6 18 90 and 7 16 90. Referr�d o Cauncil without recommendation due to lack of a quorum. Reconanend d approval of payment of attorney fees for Charles Lutchen and denial of pay�ment of attorney fees for Norman Berry. A new resolt�tio wi'�7 be drafted by City Attorney's Office. �J ��5, /�Jj!��� . ��� ,A 1"'} ,_ �,�:.,)i`?� �E �� �,�iv�r�es� ,���.- Ch� °;; s3'.y� � G:.✓,�7 e � C' �'t..�— (�05 ..� ,�. ���, � -� � R I G I N�� �� � � ' ' Council File #` 94-�pOS� r Green sheet # 3 �� RESOLUTION ,�° � CITY O SAINT PAUL, MINNESOTA � �`!�� . , �i..� Pr eented By � _ Referred To � -z.t� Committee: Date �-o� 'Gt� RESOL ED, �hat the Council of the City of Saint Paul hereby acknowledg s the , receipt of claims for payment of attorney fees incu red by '�.,St. Paul Police Officers Norman Berry and Charles Lu chen and'��.will direct such claims to the appropriate committee s will bee'�,determined at the time of the introduction of this re olution. .� . �� � � �. eas Navs Absent Requested by Departm�nt of: mon osw � on acca e -- e man � une i son By� Adopted by Counci : Date Form A roved by City Attorney Adoption Certifie by Council Secretary g � � �� � -z y: s �'- 's BY� Approved by Mayor for Submi ion to Council Approved by Mayor: Date By: By: . . . . , . , ���-Gas� DEPARTMENT/OFFIt�ICOUNCII DATE INITtATED City Counei]. 4�4-90 GREEN SHEET No. 8341 OONTACT PERSON 8 PNONE ��TIAU DATE INITIAUDATE �DEPARTMEMT aAECTOR �GTY COUNCIL Wi 11 i am Wi I s on �� �cm arroaNev �cm c�au MUST BE ON OOUN(:IL A(�ENDA BY(DA IIOUTMKi �BUOOET DIRECTOH �FIN.3 MOT.SERVICES DIR. 4-12-9 0 �MAVOR(OR AS818TANT1 � TOTAL A�OF SI�iNATURE PA (CLIP ALL LOCATIONS fOR SIQNATURE) ACTION REGUES'TED: Approval of a res lution acknowled�ing receint of claims o£ Officers Norman Berry and Charles Lutchen r reimbursement o£ attorneys' fees. t�coMMeNwmoNS:Mwow UU o► (� COUNCIL COMM11'TEEJRESEI1Rq1 REPORT �TIONAL _PLANNINO COMMI8SION _ VIL 8ERVIC�COMMI8810N ANALY8T PHONE NO. _qB COMMITTEE _ —STAFF ���: _DI87AICT OOURT _ SUPPORT8 YVNIGI OaJ1�IL OBJE IN171A1'INO P�1.18SUE.OPPORTU (Who�Whet�Whsn�WMro�Wh�: Officers Berry an Lutchen have submitted claims to the city for reimbursement o£ attorneys £ees re ating to an incident occurin�; on �Ianuary 26, 1989. ADVMITAOES IF 11PP�/ED: Provides the Ofic rs with an opportunity to present their case to the appropriate Gity Council committee. 018ADVANTAOE8 IF APPROVED: DISADVANTACiE8 IF NOT APPROVED: . RECEtVED A�PR45i�0 CITY CLERK TOTAL AMOUNT OF TRANSACTIOi�I -O" COSf/REVENIlE oUDO�TED(qfiCLE ONE) YE8 NO FUNDINO SOURCE ACTIVITY NiHASER FlNANpAL INFORAAATION:(EXPLAIN) . • - : , . , _ NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE tiREEN 9HEET INSTRUCTIONAL MANUAt AVAILABLE IN THE PURCHASIN�3 OFFICE(PHONE NO.298-422�. ' ROUTIN(�ORDER: l Bebw are prefened routings for ths�ve most froqueM typee of docutrisnts: CONTRACTS (aswmes authorized COUNqL RESQI.UTION (Amend, Bdqta./ budpet sxists) Accept.f3rarna) �. o�de n�cy �. �n�n arec�a 2. Inkiatinp D�penmsnt 2. Budg�t Dirsctor 3. Gty Attomey 3. Clty Attomey 4. Mayor 4. MsyodAs�taM 5. Flnance d Mpmt Svcs. DireCtor 5. (�ty Coundl 6. Flnance AocouMing 8. Chief AccouMant, Fln&M�mt Svca. ADMINISTRATIVE ORDER (R u�d�pst' COIJNqL RE�L.UTION �and ORDINANCE 1. Activiy MansDsr 1. IniUatinq Dspartment Dirsctor 2. Depertment�Mant 2• a�Y�'�Y 3. DepartmeM Director 3. MayoNllabtent 4. Budget Dfrector 4. (�ty COtlncil 5. dry Clerk 8. Chief Ik�couMant, Fln&Mpmt Svcs. AOMINI3TRATIVE ORDERS (all othe►s) 1. Initiating Dspa�tment 2. City Attomey 3. Mayor/Asefstant 4. qty qe�lt TOTAL NUMBER OF 31QNATURE PAGiES Indicate the#�of pagas on which sipnaturos ere requfred and papercUP sach of these pa�ss. ACTION REOUE3'TED Deecribs whet ths proJ�ct/roqwet sseks to acoo�nplish In either chro�ologi- cal order or adsi'of imporht�ce,whlchsver is rrwst eppropriate for ths lssue. Do not writs oompl�Es ssntsnc�s. Bepin each item i�your list with a verb RECOMMENOATION8 Complete if ths lans in qusqion hes besn preaeMed betore any body, Publ� or privets. � SUPPORT8 WHICH COUNdI OBJECTIVE? Indiwb which CouncN abjectlw(sI Y�+�P��iuest supports by Iisting Ms key word(a)(HOUSINO, RECREATION, NEICiHBORHOODS, Ef�ONOMIC DEVELOPMENT, BUDOET, SEWER 3EPARATION).(3EE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNqL COMMITTEElHESEARqi REPORT-OPTIONAL AS REQUE8TED BY OOUNCIL INITIATIN(3 PROBLEM, 13SUE,OPPORTUNITY Explain the situatia�or oaMkbna that croeted a need for y�wr project or request. ADVANTACiES IF APPROVED Indicato wh�thsr thia is simply an annwl budp�t proceduro required by Iaw/ charter or whMt�sr thers are spsciflc wa in which the City of 3siM Paul a�nd ita ciNzens wfN beneflt from this pro�t/actio.n. , . DISADVANTA(iES IF APPROVED What negadve eiMcts or maja changes to existirag a�;pra�might this projecUreqwst producs if ft is passed(s.g.,traffic delaya, rwase, tax i�crsases a assestments)?To WhomT Whsn�For ha�p Iqng? DI3ADVANTAOE8 IF NOT APPROVED What will be the nspaUve consequenrss if ths promised action is not approved? Inebiliry to dslivsr service�Continued high t�affic, noise, accidsnt rate?L�ss of revenue? FINANCIAL IMPACT - Although you must taflor ths infomi�ation you provide here to the isaue you ars add�n�, in{�neral you must anawsr two questbns: How much is it poing to oost?Who is goiny to p�y? . � . - . r(,�. yo_�o.� S piTi O�• �� •. CITY OF SAINT PAUL a � ; ;;��;;��q ; OFFICE OF THE CITY ATTORNEY r �O • us• JANE A. MC PEAK, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 JAMES SCHEIBEL MAYOR February 28 , 1990 Council Pre ident William Wilson 7th Floor City Hall Re : Norman Berry and Charles Lutchen Dear Counci President Wilson: Pursuant t your request, please find enclosed a resolution which will start the process of the Council ' s consideration of the claims for reimbursement of attorneys ' fees of the above captioned o ficers. Yours truly _ - ` .� �(if� �`� �e!�� • � r -�PAUL F. MC LOSK � Assistant C ty P � ' ...�-��_-_ PFM:cg ; -�Z���i.-✓'-� ,.�°,�;�'�+. -C,• .� Encl . ,�°'�`���'���' ` ~�'• n � m ,�= � D cc : Mark G han /''7�� - Kevin hor� ''�'l�`'�" �y�� BILI WILSOiJ . . , . . . �y�-fos • CITY OF SAINT PAUL � „�����aie1 OFFICE OF THE CITY COUNCIL a�u II�Ii� � WILLIAM L. WILSON MARK VOERDING Counci(man Legislative Aide MEMORANDUM T0: Jane McPeak City Attorney FROM: Bi 11 Wi 1 son ���", DATE: February 14, 1990 RE: Claims of Charles Lutchen and Norman Berry Jane, will your office draft an appropriate resolution so that the above referenced St. Paul police officers will appear on the City Council agenda. Please reference the attached background materials. � If there are any uestions, lease let me q P ux�.:��i:� .:�a:..��, l.l>:��:i�sxr�:��::.��1:�.;»; 2=�y�u:;�,����F.:. kn ow. ....�kR,.,,....��. .�,,,,.�n�, -..�>.r �,•: WLW:jca Encs. CITY HALL SEVENTH FLOOR SAINT PAUL, MINNFSOTA 55102 612/298-4646 s�4a >s�` �Y ?; ;?2. i �}�7 }� �t#� :<, ;�� �2�; i��. �,S �: • y 3� )� t; f > s, �; �� �tij�.;S t S t 1��'. �. . .�. . ,. , Z) f7 �: . . .. ,. . , .� , . �,. � . . . ,.: . ' �,`, , . , . . , � �a -�a.� ' d '�r�;�� �ITY OF SAINT PAUL = � �, �ti� • „ .. � � . . , . . . . . � . �. � ,�� OFFICE OF THE MAYOR �a �'`��}, 'a�2 �� ;iiiii t'it�i� �' . s �9' 347 CITY FIALL '��� SAiNT PAUL, :�fIN`'ESOTA 55102 JA\tESSCHEiBEL (512) 293-4323 MAYOR January 17 , 1�90 Council Presi ent William Wilson Seventh Floor City Hall Re : Officers Ch�es Lutchen and Norman Berry Dear Council resident Wilson: � - Prior to my taking office as. Mayor, I had been contacted by Messrs. Mark Gehan and Kevin Short, attorneys for the above Saint Paul Po ice Officers , respectively. Their contacts dealt with the claims for reimbursement of at- torneys ' fees incurred arising out of their defense of separate criminal char es against each of the officers. • In my then apacity as President of the Council , I requested the advice of the City Attorney as to how to hand,le these matters and Jane Mc eak responded by letter dated January 3 , 1990, and you were opied with that advice. Mr. Gehan ha once again contacted me to renew his request and a copy of his letter is enclosed. May I recomm nd to you that as President of the Council you schedule the claims of these Officers as a Council Agenda item and refer the matter to the appropriate committee for discussion and recommend tion. Sincerely yours�, /.� - � ' ' ;, f�;� ,r..'/�:/:� U JAMES SCHEIBEL ' Mayor : Encl. cc: Council M mbers � Kevin Sho t . • Mark Geha Jane McPe k .. � . . � 6�u 4a � � . . . Pdnud on Rccycted Paper . . . . . . . -,� � yo-� � � ��,�� . . �� . LAW OFFICES Collins, Buckl y, Sauntry & Haugh • �+F'r��:;��� Eugene D.BUCkley West 1t00 First Natio al Bank Building rneoeore�.con��s 332 Minnesota Street William E.Haugh,J�. Saint Paul,Minnesota 55101-1379 � �` "' 'MichaelJ.Sauntry �.i���� ��� � � ��`J'� Jart�es O.Redman Marfc W.Geha�.Jr. Teiephone:(612)227-0611 Patrick T.Tiemey �'�•' � ,,,-.. Thomas J.Gertnscheid Fax:�6t2)227-0758 . .:-"�`' ����°�� John R.Schulz Thomas R.O'Connell Dan ClConnell Sarah J.Batzli January 10 199� eonnie.l.Bennett , Michael T.Tiemey Christine LStrcemer Timothy C.Godfrey Kelly A.Skalicky -aso nam�eea Mayor James Sc ibel �^W�^ _ 347 City Hall ' St. Paul, MN SS 02 Re: Police O cer Charles Lutchen Our File o. 13061 Dear Mayor Sche bel: I am responding t Paul McCloske}�s letter to you of January 3, 1990, in which he addressed the issue of my reque t for reimbursement of attorne�s fees on behalf of my client, Charles Lutchen. • The Lutchen case involved these facts: on January 26, 1989, while he was off duty, Officer Charles Lutchen e tered Agnes'Tailor Shop in the St. Paul Midway area. While there he observed • two persons steal a leather jacket. Officer Lutchen identified himself, as a police officer and ordered the two p .rsons to remain in the store until other police could arrive to take the suspects into custody. Th suspects jumped him. During the struggle, one of the suspects attempted to take Lutchen's . Other officers arrived, and the suspects ultimately were arrested and handcuffed. The egation against Officer Lutchen is that he slapped one of the suspects after he was in custody. Officer Lutchen entered a plea of not guilty, went to trial, and was acquitted. At page 2 of his 1 tter to you, Mr. McCloskey seems to suggest that because Officer Lutchen was not "on duty" at e time rhe suspects were arrestea, his conduct did not therefore arise "out of the reasonable lawful performance of duries" within the meaning of M.S. 465.76. Mr. McCloskey states at he will defer to me for an explanation. Let me begin by s ying that I strongly disagree with Mr. McCloske�s inteipretation of the word "duties" as it occ in the statute. Certainly the Legislature did not intend the statute to apply only when a publi employee is punched in to a time clock. Rather, the Legislature meant that if the conduct fro which a criminal charge arises is related to the official responsibilities of the employee, reimbu ement is available. I enclose for your eview and consideration photocopies of several provisions within the St. Paul Police Department anual. I would direct your attention specifically to Sections 020.00, 133.03, 180.20, and 180.4 . • , . . . . . , �ya _�o� Collins. Buc ley. Sauntry & Haugh � Mayor James Sc eibel January 10, 199 Page 2 _ Section 020.00 m�akes it clear that the Department Manual is: "... a composite of current policies, procedures and rules pertaining to e Depamnent ..." Section 133.03 sp.cifies, in pertinent part: "O ce a crime has been committed, it is the d� of the department . to 'tiate the criminal justice process-by identifying and arresting the perpetrator ..." [Underlining added.] Section 180.20, hich is a new general order promulgated on March 1, 1988, unequivocally ` states: "O -duty officers, while within the City, have full police authority and responsibility as that of an on-dury officer within the City • s..." - Section 180.40 sp cifies, in pertinent part: "All sworn personnel will be prepared to discharge their duties and obli ations without regard to the fact that the situation may arise d g their free time ... *** Po rs, duties and obligations of an officer are not limited to those ho in which he is on-duty. But they aze in force and effect ttNe ty-f�i:r hours eyery day of the weelc. An officer is required to erform these duties during the tenure of his appointment whe er or not he is under assignment or supervision and willful fail e on his art to do so ma constitute ounds for action on the art of the de artment." [Underlining added.] To the extent that r. McCloskey seems to be implying that police officers are only perforining their duty if they ct when they aze on' the clock, I think that it is 'quite clear the Police Department regula ons contradict that implication In fact,written departmental policies required Officer Lutchen to ct to arrest the suspects: If he had not done so, he would have been subject to discipline. Finally, Officer Lut hen was on the clock when the suspects were arrested. Because of the • amount of time inv lved at the scene, writing reports, etc., Officer Lutchen submitted an overtime . , , . . . . ��d-�0 5 Collins, Buc ley, Sauntry & Haugh � Mayor James Sc eibel January 10, 199 Page 3 pay request to e Police Department. This request was approved, and Officer Lutchen was paid for the time he ent that day at Agnes' Tailor Shop. We are available to meet with you, the Council, and any Committees to which this question nnay be referred. Ve truly yours, . G�/� < --�_ : l� r�` MARK W. GEH ,;!JR. MWG/tc Encl. cc: Mr. Paul cCloskey Ms. Jane cPeak • All Counc embers Mr. Chazl s Lutchen • � � � � � , - � � . � � q° -�°s � � . DEPARTMENT POLICY � 010.00 DE�AR�NT OF POLICE: I Saint PaulllAdministrative Code, Chapter 8 (Subd. 8.01) 1 I DEPARTMENT ESTABLISHED � There ' s hereby established an Executive Department. of the City of Sa'nt Paul to be known as the Police Department.,._ The head of su h department shall be the Chief of Police, who shall � be appoint d in accordance with the provisions of the City Charter. � ` 0 2 0.0 0 DE ARTME�NT MANUAL ESTABLI SHED. ._.::: ---:. � The M nual of the St. Pau1 Police Department is hereby establishe , and shall hereafter be referred to as "The �Department Manual" . It is, and shall be a composite of current � policies, rocedures and rules pertaining to the department, as establishe under previously existing department orders, special "�� orders, an approved practices._. The manual describes the : � � - -- department' s organizational structure and lists the -- --- � � ` responsibi ities and functions thereof. _. All employees of�the _ depajrtment are to comply with the rules and provisions herein -.__: - contained. All existing manuals, orders;� and other regulations � ---: - which are 'n conflict 'with the contents of the Department Manual .. _� are hereby revoked; except the portions of existing manuals,..._. . ___ - orders, an other regulations which have not been included herein � shall rema'n in effect where they do not conflict with the provisions of the Department Manual. � 0 3 0.0 0 OR ANZ ZATION OF TF3E DEPP�tTl�NT MANUAL: _ � The D partment Manual is composed of six general orders which are ereby established and whose contents may be briefly. ��-� described s follows: � . 400.00 G ERAL PROVISIONS - - - - This ection will spell out a brief resume of the general provisions of the manual. This section will precede the regular -�` � numbered g neral orders. This section will contain, but not be _ limited to, the index, the glossary and the authority, maintenanc and organization of the manual. . � _ 1 . � �:*:. . . . . � . � �yo-�6 - .� =�_ ��: . f:; employee ay be instilled with a sense of concern for the crime problems nd law enforcement needs in his assigned area of responsib lity. �,t.r. The revention of crime remains as a basic obligation of .1 society. When it becomes necessary to rely on police action to � secure co pliance with the law, society has failed in this ,�r t_ responsib lity. ;:,r_,; �;--- 13 3.0 2 D CE OF CRIME: V.-_ :;:.::..-. �k�;: �� ' Whil there are certain crimes that cannot be deterred, _ .�i`� crimes c mmitted against property and against innocent victims `-�=�= in public places are reduced by police patrol. Street crime is _�Rl1_'. - curbed by the potential criminal's fear of immediate apprehens'on or by the . increased likelihood of his detection. �:� deter ence of crime requires the investigation of behavior The - whi�h rea onably appears to be criminally directed. ��� In d ploying patrol forces to deter crime and to inspire = public co fidence in its ability to ensure a peaceful � �- environme t, the department must strike a balance between the ;:;�.. desirable deterrent affect of visible patrol and any undesirable :��, _;.�>-- appearanc of oppression. In the long-run, however, it must e ��'�'�-' the peopl , not the department, who determine the -limitations on- - their fre dom. -_ .._. _ .. ._ . T:�,,,=- . - . 133.03 PREHFtISION OF OFFENDERS: .: - �:�`. � . «�=;- . ;�:,_ The dministration of criminal justice consists of the � identific tion, arrest, prosecution, punishment, and �:�� rehabilit tion of a law violator, and it has as its objective the '_'��� voluntary compliance with the law as an alternative to � punishmen . Once a cri.me has been committed, it is the duty of the depar ent to initiate the criminal justice process by '��� identifyi g and arresting the perpetrator, to obtain necessary � evidence, and to cooperate in the prosecution of the case. :�,.. As t e certainty of swift and sure punishment serves as an _ effective deterrent to crime, the department must diligently � � strive to solve all crimes and to bring the perpetrators to justice. � : In s' tuations involving concurrent jurisdiction, the � � Departmen of Police will have primary jurisdiction and �'- responsib' lity for the investigation of all criminal offenses within th City of St. Paul. When jurisdiction becomes a . _ .. �.,� prosecuti n or other issue with Federal, County, or other law �..- ;. 13 :�:� � � . . . . ./J�.... y��/�� c���_ �.a d the ublic are rotected. � • rights of oth the individual an p P 170.02 AL ATIVES TO ARREST: � Once violator has been identified, it is the function of � the depar ent to initiate the criminal process;. however, there are circum tances when a crime may occur and the department will not make a physical arrest. There may be a report written and an � applicatio for a complaint made, or in some cases, when the offense is of a minor nature, a verbal warning or other direction may be giv n. The decision. not to make an arrest will be guided � by departm nt policy and the. factual situation involved, not by the person l feelings of the officer. - � 180.00 TO TARE POLICE ACTION: , � 180.10 PONSIBILITY OF ON-DUTY OFFICERS: . � 180.11 O -DUTY, WITHIN CITY, FULLY RESPONSIBLE: . 1 On-d ty officers within the city limits, after considering the tactical situation; are to take all steps reasonably . -- � S necessary and consistent with their assignment to affect the s enforceme t of the laws of the City, State, and Nation, and to protect life and property. _: • , 180.12 O -DUTY, OUTSIDE OF CITY, FULLY RESPONSIBLE: On-d ty officers outside the city limits who become aware of a situati n requiring police action must first consider the tactical ituation, then take all steps reasonably necessary on police ma ters of direct concern to the City of St. Daul. " 180.20 O -DUTY, WITBIN CITY,: FULLY RESPONSIBLE: � Off- uty officers, while within the City, have full police authority and responsibility as that of an on-duty officer within the City imits. All off-duty police authority is granted by permissio of the Chief of Police. (See also G.O. 180.11) . � . 180.21 O -DUTY, OUTSIDE OF CITY, LIMITED POLICE AUTHORITY: ' "-_ • _ 24 -=::e-�:� . ������ . � - . . - - � �� yd -G�.��- :��_ =.a::- ..�:,: : �' Off-d ty officers, while outside of the City, have the ;�,s- arrest aut ority of a peace officer when and only when confronted �`�� with a sit ation that justifies his or her use of deadly force in the line o duty under Minnesota Statute 609.066 (Authorized Use of Deadly orce by Peace Officers, 1987) . Otherwise, officer `:� ~ arrest aut ority is limited to that of� a private citizen. � .=.. ��`` 180.30 NO PEACE OFFICER Ai1THORITY OUTSIDE OF STATS- . ' Peace officer powers of St. Paul police officers do not � _ _. ����;. extend bey nd this State except as provided for in the Uniform ""':" Act of Fre h Pursuit. Officers who are outside the boundaries of this State for extradition or other matters of direct concern to �.•��-= the City, re not to engage in their police activities unless � � �_._ ��'�� ` ' necessary n the performance of their duties. ' � � : _ ; ; . .. tr�a`_ 180.40 D _STATtJS: , �<- � . ° ; ._ . _ �= � � All s orn personnel will be re ared to dischar e their P P 9 � duties and obligations without regard to the fact that the ,�;:. situation ay arise during their free time. This order �does not �„�:,� . change pas policy in permitting the individual officer to ._.. - _�:,_:_:; �~"�-� exercise d scretion as to the type of action he will take in �;�.°.=: ��;���: minor neig orhood disagreements, or while otherwise employed �°s::-_ � during his f ree. time. _ ,:.-,:. ^F��� � duties and obligations of an officer are not limited • - .;..__ .,; . Power �,s_: � to those h urs in which he is on-duty. But they are in force and ��`��'�` effect twe ty-four hours every day of the week. An officer is =�=:�-� required t perform these duties during the tenure of his _._: ���~ appointmen whether or not he is under assignment or -supervision .-- .:.�V. and willfu failure on his part to do so may constitute grounds �"J�"'"� for action on the part of the department. ��� - �,;::��=:- � - - , 180.SO IN ON DVI'Y: � ��� . _._,�; The g neral rule applied in determining whether an employee ''�`y�`"` was injure on duty is whether the injury occurred within the � _ course and scope of his employment and this is a question of fact - �.:;: to be dete ined in each particular instance. The particular �:;;�=,t��:.` nature of he service rendered by the employee will be • ..r. ,. - considered. ._ �.�_ � . ` - 180.60 PO ICY OF LITIGATION: - � � , , .. _ 25 . _:... � :. . _ , . . .