90-1450 . , ` , , V
O���I�� p � Council File # Q`�7J`�
H ,
^ � R LUTION Green sheet # ��J�.S;S
CITY OF,SAi T AUL, MINNESOTA Z� �
�
Presented By
Referred To / Committee: Date � ��/�U
C
A resolution supporting and ' ming
the position taken by the M sota -
Legislature in rejecting th reinstate-
ment of the death penalty � �he State
of Minnesota.
i
WHEREA , the laws of the S � of Minnesota have not per-
mitted the death penalty to be/ m osed in any case since 1913 ,
and the las execution in Mi sbt occurred in 1906 ; and
;
WHEREA , during the la ;� session of the legislature a
proposal to� reinstate the deatY� penalty in Minnesota was defeated
in a bi-pa tisan vote in th�' Judiciary Committee of the House
of Represen�atives ; and
��i
- WHEREA5 , contrary te,o� 'the position taken by the Minnesota
Legislature , the Unite �6�ates Congress has enacted laws which
broaden the applicati di the death penalty for federal crimes
and has un�er con i er�'tion at this time measures to further
enlarge its applicat ' a-'� and
WHEREAS , re e � by Saint Paul officials to the U. S .
Attorney fo the ' r,trict of Minnesota of cases for prosecution
where the �ieath �halty may be applicable could lead to the
first execut�oni\ '�nnesota in 80 years ; and
\
WHEREAS , h City of Minneapolis has recently passea a
resolution C �c mning the concept of reinstating the death
penalty in th State of Minnesota and strongly recommending
that law en�for ement officials present cases which could carry
the death e alty under the federal law to state officials
for prosecut� n under Minnesota law; now, therefore, be it
RESOLV , that the Council of the City of Saint Paul fully
supports a d affirms the position taken by the Minnesota Legis-
lature i �ejecting the reinstatement of the death penalty
in the St te of Minnesota ; and, be it
� � � ; � � � � � �yo-��.��
. .
�
� ,-
FURTHE� RESOLVED that the Council of t e Ci,,� of Saint
, , v
Paul strong�.y recommends that law enforcem n off.�cials present
cases whic could carry the death pena uneier federal law
to State of�icials for prosecution under n sq�a law.
i
� /
� �
I
�
�
�/
� � i
�
i ��
S
�
�
�
, � �
,
il �,,��
,
��'�r
���
;� ,
I 2
as Navs Absent Requested by Department of:
on
oswi z
on "—
acca ee
et man
un e
i son SY�
Adopted by Council: IDate Form A oved by City Attorney
Adoption Certified b� Council Secretary By: '
By' I Approved by Mayor for Submission to
Approved by Mayor: IDate Council �
i'"? , ,
i
��� /
By. � gY; �,� ��-�
I
. .
. � � Ci�lo-/��5�
DEPARTMENTlOFFICE/COUNCIL DATE INITIAT�EOD No _10 9 5 5
City Council s/s/ G R E EN SH E ET
CONTACT PERSON&PHQNE INITIAUDATE INITIAUDATE
�DEPARTMENT DIRECTOF �CITY COUNCIL
W11118]R L. IYl l S011 ASSIGN �CITY ATTORNEY �CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DA E) NUMBER FOR �BUDGET DIRECTOF �FIN.&MGT.SERVICES DIR.
ROUTING
August 16� I 99O ORDER �MAYOR(OR ASSISTANn ❑
TOTAL#OF SIGNATURE PA ES 2 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
Approval of a re olution supporting and affirming the position taken by the Minnesota
Legislature in re ecting the reinstatement of the death penalty in the State of Minnesota.
RECOMMENDATIONS:Approve(A)or Rej (R) pERSONAL SERVICE CONTRACTS MUST ANSWER TFIE FOLLOWING�UESTIONB:
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION �• Has this personlfirm ever worked under a contraCt fOr this department?
_CIB COMMITTEE YES NO
_S7AFF 2• Has this person/firm ever been a city employee?
— YES NO
_DISTRICT COURT _ 3. Does this person/Firm possess a skill not normall
y possessed by any current cfty employee?
SUPPORTS WHICH COUNCIL OBJECTIVE YES NO
Explain all yes answers on separate sheet and attach to green sheet
INITIATINQ PROBLEM,ISSUE,OPPORT ITY(Who,What,When,Where,Why):
The United States Cong,ress has enacted laws which broaden the application of the death
penalty and furth r enlarges its application. The laws of'°the State of �iinnesota have
not permitted the death penalty sirLce 1913.
ADVANTAOES IF APPROVED:
Approval of this r solution would demonstrate that the City of Saint Paul fully supports
and affirms the po ition taken by the Minnesota Legislature in rejecting the reinstatement
of the death penal y.
DISADVANTA(3E3 IF APPROVED:
None
DISADVANTACiES IF NOTAPPROVED:
None
�►�� vUUi�C�:�� 'r�E,:a€:c3tC;�l C+C{lt@I'.
AUG101'9,90 �.U� 1�����
CITY CLERK
TOTAL AMOUNT OF TRANSACTION n COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) ��
� .
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent rypes of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. Ciry Attorney
3. Ciry Attorney 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. Ciry Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES J
Indicate the#of pages on which signatures are required and paperclip or flag
each of these pages.
ACTION REQUESTED
Describe what the project/request seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the citys liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the Ciry of Saint Paul
and its citizens will benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When?For how long?
DISADVANTAGES IF NOT APPROVED
What wili be the negative consequences if the promised action is not
approved? Inabiliry to deliver service?Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is it
going to cost?Who is going to pay?
. , � � � � �9'o-,�.so
. `t==o. �
eF'' �M CITY OF SAINT PAUL
� ��_;n� a OFFICE OF THE CITY ATTORNEY
�
� ,...
JANE A. MC PEAK, CITY ATTORNEY
647 City Hall,Saint Paul,Minnesota 55102
612-298-5121
JAMFS SCHEIBEL FAX 612-298-5619
MAYOR
May 16, 199
M E M O R AIN D U M
TO: Terr� Sullivan
FROM: JanelMcPeak/�
RE: Atta�hed Resolution
The Mayor h s been asked by Hennepin County Attorney Tom Johnson
to seek Cit Council support for a Saint Paul resolution similar
to the atta hed. Please review it and advise Molly O'Rourke as to:
1. What ii does in practical terms; and
2. Whethe� it would be legally sufficient.
Thanks.
JAM:j r
y , � � ' � '90R- -
,��s�
,.q F�` j���,�s�e a�s��u-r�o-� �y° � c�
p�TE• - � �� ��Pi
. c�TY o�
IVlINN�APOLIS
gy Campbell , John on, Cramer, Sayles Rpli:att " �
• Suppori,ing nd afflrming the pos�tion take» by the Minnesata. l.egislature in -
re�ecting the re nstatert�ent of the death penalty in the St�te of Minnesota.
wheret�s. th laws of the State of M3nnesota hav� not permitted tht: desth
penalty ta a•: �ir�� ospd �in any case since 1913, and the last execut�lon in Mi:��-��so�a
occurred i n 19(�t�; and . .
Whereas, du 9ng the' last session of the �egislature a proposal to�reinstate
the death penalt in Minnesota was resoundingly defeated by a bipartisan vote in
the Judiciary Co ittee of the Nouse af Representatives; and
Whereas, co trary ta the position taken by the Minnesota Legislature, the
United States Con ress has enacted laws which broaden the application of the
death penalty for federal crimes and has under consideration measures to further
en?arge its appli atian; and
Whereas. ref rral by Minneapolis officials to the U.S. Attorney for the
District of Minne ota of cdses for prosecution where the death penalty may be
applicable couid ead to the first execution in Minnesata in 80 years;
Now, Therefo e, Be It Resolved by The City Council of The City of
Minneapolis: �
That the Cit of Minneapolis supports. and aff�rms the position taken by the
hSinnesota Legisla ure in rejecting the reinstatement of the death penalty 1n the
State of MinnNsot�t.
� .
-;,::��'
a.¢,� .,��a
�T;in ra ��,'�,r _. - � .
�, ,.
�".
�x��r
1F�' ' d' F. _ .
� � �
a� ".: ,
,�,�_'�y -
��;�:�.:::;?:. .
-4_t... .
3 !,�'' � . . .
h::"'�,. �.......
. , . ' � •
, , . ; � , , � � � � .� . - � d-��sv
� . � . - ��
, • � Se IL Furth�r Resolved that the Minneapolis City CounCil strongly recommersds
, that 7aw enforcer�ent officials present cases which cauld carry the death penalty .
under federal la� to state officials including the Hennepin County Attorney for � .
prosecution under� Minnesota law. � ' � �
. «,rT"+'=4: � ,yyn�<,g . . ,� ;Y ... .
•.. ,. ,
.� �`,,�; $#.3�i�CORD��CldHCIL YOiE'��7#C�►7FS YOi�I�` <'�i> ,� ,,.:<;.". _
COUNC�L � NOT VOTE TO YOTE TO GOUNCIL NOT • VOTE TO VOTE TO
• MEMBER AYE t�AY VOTING ��E� OVERIDE SUSTAIN MEMg�R AYE kAY V�TING �•D•SEwi OVERIDE SUSTAIN
Dziedzlc SceUOn
Cempbef! ' Ni�m+eC
F!ilary Cramer
R�invi!!e • Sc�ufstod
Che�ry•homes Johnson
�y�e PrAaidanf
ScoK Saylas Beltorr ' '
PASSED o�re APPRbV�p— NQT APPROV�D —VETOED pwSE
,
� PpEStOEN OF�OUNC4 1.1AYOR
..r,_ •
��.�=�•,s.,,,�,. „,,, ATTE5T
C.iTY C.i EN� •
l+lJ . 1'lI IUI��IYLIJ 1 �� ��� .vit v�•� �itc 1'IQy 11f7V I • GI IYV .V��l I� .V4
, I �
� � _ ,�. . . . _R s�/� �yd.��s
.s . . ;
.
� Q��� �Qt,�C1C� � ��--z�.-���
����1�, �. .
� �ta �ce� �� . �
��
n�t at� � : .
. r���� . ou� � ` - �
��ath � � . �
. �
By Rub Hat��:alnen pcnalty for somc d►ug•rttaicd hom�-
5tafl�+'nter c�des. It urges the cit�'s law cnfarce- �
ment otTicers to b��pass thc U.S. ac-
T1 ikc Ehrt;chmann's h lichmann�stil� atrst ke. Instead t th��wouldnbe cn- �. •
in a haldup, but E coura ed to refer cases to statc and
opposcs tbe death pcn liy. ��i prosecutors. Minneso�a fias no��
••}iow can you teach lhat killing is dcaih p�nalty. �
�.�png if you kill'?" asked Ehrlich-
' mann, cha�rman ot the ttegionaf Henncpin County Aitorney� Tom
Trans�t $oard. He id that drugs 3ohnson sxid ii's appropriatc for the
and thc easy avaiiabi ity af guns are C�ty Council to providc d�rection to
responsiblc for rising cnme and that ' •the e�ty's detectivcs, especially since
the death penatty be omes the "casy case could1OSPc11 thehdiffe enceebe- � �
focus",ior a frustrate citizcnry. twccn lifc and dcath. � � .
I �
Hc pro�•ided the mo � r��oving testi-
mony Wednesday, hen a panel of He said that passing the resolution .
the M�nncapolis C�t Counc�! voted would reach bcyond Minneapolis
4-1 eo approve a solat�on that's and send a messa6e to other jurisdic- �•
simed at making sur the death pen- tions that they do not have to acCCpi
aily is n�ver camcd out for a crime . Congs'ess andathe $ush�tadrnin st ay
commttled in ihc cit . tion to cxpand its use. "This would
The resolution is pr mpted by a 1988 � .
fcderai !aw that in ludcs the dcath Deatb penalty continued on 7�i
��+�th � na�#,� Continucd from paRe 1B
be noticed;'he said. The pancl heard tcstimony support-
ing the measur� from representac�ves
7hc s�solution's c ief sponsor is oC th H�MtnTrin t� Lutheran Church '
. Joan Campbell, t e comm�ttee's enc�, y Y
chairwoman. The easure passed of Minneapolis, Amnesty Interna-
with svpport itom CamPtxll and tional, Feminists Far Lifc of M�nne-
council members ]ackie Cherry- sota,
the St. Paul'ar�a synod of the .
homcs, Ssndra Hila neRdW3S�un Am nca�and t etG eater Minneapo- ,; '
micc. The ]on� op lis chapter oC.the NAACP• . . •
cil Mcmb�r Dennis hulstad. '.
Schulstad called t � resolution a L� Richard Nuss of the Minneapolis �
•'public rdations p oy" t�a� has no Policc Dcpartmcntjnstgtht p1an.�Hc .
auchority. He said that fedzral au- son to testify eSnatt as e ropriate
thorities can pro u�e CaKS °f th�ir said the dceth pe y PP ., .
choosing,ohn�n d h1a�s possible are some cases whe'rc the punishmeni i .
pff'�cials ]o must ftt th�crime:' . �
but unlikely. ,
Thou t�ia}1 ere isYno�oncl si�ve sotg si ces 1906, but uU 51 Alitorn Y ' .
tution nalty de- )erome Arnold has said he s�prcparcd
evidence that the death pc
ters violcnt crim . They said that to press for death in tht �nt appra i
racist attitudes pl y 8 tol� in deter- priatz case. , l
mining who recei es thr death sen-
tcncc, bccause dispropon�onate How would an ex�cution be carried �
number of beath Row inmat�s are out in Minnesota?
biack.They said t at the dcath pcnal- .�Thry do�'t knaw:' 7ohnson said•
ty�liminaus the hattet of tieform►r6
� s pr�soncr and t�+ � tnt �son�is too bui d,anhexecutton ch m��t�n �h
executing ae inn P� S�at� �r transCcr Dcath Row �nmates `
grcat. • put fl{Minncsota. � .
�
� � � � � _ �a-9a
��� ��s-�
5) 11/21/89 GS - 55 Resolution - Section 5.02 of the St. Paul City
CF - 892054 Charter authorizes the City to retain special
council in the event of special or unusual
circumstances. Intergovernmental Relations and
Public Safety Committee Agenda for August 12,
1992.
WITHDRAWN -0
6) 11/30/89 GS - 56 Ordinance - Amending Chapter 24 of the St. Paul
� CF - 88623 Administrative code pertaining to a code of
� ethics for city employees and officials.
{No material attached}
NO ACTION
7) 12/21/89 GS - 54 Resolution - Supporting legislation requiring
CF - 892242 that for-profit tenants in facilities which are
tax exempt continue to pay taxes. '
WITHDRAWN -0.
✓8) 4/24/90 GS - 8899 Resolution - St. Paul Relief Association has had
Cj CF - 90683 legislation (HF 2275) introduced which would
��•a' grant additional benefits to certain members who
retired prior to 6/1/71.
WITHDRAWN -0. .
9) (�7/10/90 GS - 10403 Resolution - Approval of a resolution directing
� CF - 901158 City staff to begin lobbying for changes in
�� , State law and the LGA formula to address unfair
tax burden for cities with tax.
WITHDRAWN �-0.
✓10) �8/21/90 GS - 10955 Resolution - Approval of a resolution supporting
,� CF - 901450 and affirming position taken by Minnesota
� Legislature �n rejecting reinstatement of death
penalty in State of Minnesota. �
WITHDRAWN -0.
J 11) y12/11/90 GS - 10950 Resolution - Stating if a metropolitan tax is
�?. CF - 902013 considered by the 1991 legislature, the Cit
. y
prefers a payroll tax to a sales tax and listing
conditions under which the City would support a
metropolitan tax.
WITHDRAWN 3-0.
✓12) /12/11/90 GS - 3367 Resolution - Supporting State legislation which
�a`, CF - 902024 removes replacement housing requirements which
' are in conflict with other laws, burdensome to
I cities and interfere with development, and do
' not apply to all cities.
WITHDRAWN 13-0.
2
�
�