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89-1928 WHITE - C�TV CIERK PINK - FINANCE G I TY O SA I NT PA LT L Council GANARV - pEPARTMENT BLUE - MAVOR File NO. � oun 'l Resolution - � �� Presented By .��� __ Referred To Committee: Date Out of Committee By Date RESOLVED, that the roper City officials are hereby authorized and directed o execute an Agreement with Gudrun Emrich whereby Em ich will work in the Criminal Division of the City Att rney' s office without cost to the City, but providing or indemnification by the City of any other civil claim that should occur; a copy of said Agreement to be kep on file and of record in the Department of Finance an Management Services. COUNCIL MEMBERS Yeas Nays Requested by Department of: rnmooa �� City Attorney �� [n Fav r � ���� /,� � ,/ Rettman v B � � , �v�`'�/ �C-��L- scne�be� __ A gai n s Y Sonnen Wilson Adopted by Council: Date QC," 2 D�989 Form Approved by City Attorney Certified Pas-e ou cil r BY gy. �����`� t�pproved �Vlavor o OC7 2 71989 Approved by Mayor for Su on to�C�ncil - �— ---__ PUSIt�D ►a��;`'; � �_�� i�� � � � . � � � r��'�-i�a�' DEPARTMENT/OFFICEICOUNCIL DA7E IN TED 16 6 7 c�ty Attorney io/ o/s9 GREEN SHEET No. INITIAU DATE INITIAUDATE CONTACT PERSON 8 PFIONE �DEPARTMENT DIRECTOR �CIIY COUNqL J e r r y H e nd r i c k s o n - 4 2 71 �� ��y An�NEY �CITY CLERK MU3T BE ON OOUNCIL AOENDA BY(DAT� ROUTI �BUDOET DIRECTOR �FIN.&MQT.SERVICES DIR. �MAYOR(OR ASSISTAN � TOTAL#�OF SIGNATURE PAQES 4 (CLI�A LOCATIONS FOR SIGINATURE� ACiION REWE8TED: RECOI�AMENDATION8:Approve(A)a Reject(R) NC CpMM17TEE/RESEARCH REPORT OPTIONAL _PLANNINO OOMMISSION _qVIL SE� MMI$SION ��YST � PHONE NO. _qB COMMITTEE _ST,,� — ��E o�,�, p iL R���1V —o�icr ca,�r — �,,yQc�`,oq/c�. C'T j. FO SUPPORTS WHICH COUNqL OBJECTIVE? ��q�Q�S OFF{ E � �j, �ir� 6'J '���� q tii 9 INITIATIN(i PROBLEM,ISSUE,OPPOR7UNITY(Who,What,When,Where,Why): F,y���o,t,�!,��c G��`I Gudrun Emrich will act as cri'mi al prosecutor �{��"'�O,�ity Attorney' s Office to provide adequate pros cution of petty �C�meanors, misdemeanors and gross misdemea ors. FS, ADVANTA(iE3 IF APPROVED: NO F.T.E. ' s affected - services will be provided at no cost to City. DI3ADVANTAQE3 IF APPROVED: Insubstantial exposure on malpr ctice, unemployment compensation and workers' compensation. DISADVANTAOEB IF NOT APPROVED: Loss of free legal services. Council Research Center OCT 181989 � TOTAL AMWNT OF TRANSACTION C08T/i�VENUE BUDOETED(qRCLE ONE) YES NO FUNDIN(i SOURCE ACTIVITY NUMBER FlNANqAI INFORMATION:(EXPWN) No F.T.E. ' s affected - servic�s ill be provided at no cost to City. NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE CiREE SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PH NE NO.298-4225). ROUTING ORDER: Below are preferred routings for the five most frequent typea of doc ments: CONTRACTS (assumes suthorized COUNCIL R LUTION (Amend, BdgtsJ budget exists) Accept. Grants) 1. Outside A�ncy 1. Depart M Director 2. Initiating Department 2. Budget irector 3. Ciry Attorney 3. City Att ney 4. Mayor 4. MayoN istant 5. Finance&Mgmt Svcs. Director 5. Ciry Co ncil 6. Finance Accounting 6. Chief Mant, Fin 8�lulgmt:3vc�,„ ADMINISTRATIVE ORDER (Budget OOUNCIL R SOLUTION (all others) Revision) and�ORDINANCE 1, Activity Manager 1. Initiatin Department Director 2.` Department Accountant 2• City Att ney 3. Depertment Director 3. Mayod staM ` �; : • � 4. BudgeY Director 4. Ciry Co ncil 5. Gry Clerk 6. Chief Accountant, Fn&Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating Department , � 2. Ciry Attorney 3. MayodAssistant 4. City Clerk TOTAL NUMBER OF SIGNATURE PA(iES Indicate the#of pages on which signatures are required and li each of these pages. ACTION REQUESTED Describe what the projecUrequest seeks to accomplish in efther chr nologi- cal order or order of importance,whichever is most appropriate for he issue. Do not write c�mplete sentencea. Begin each item in your li with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any , public or prfvate. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, E NOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INST UCTIONAL MANUAL.) COUNCIL COMMITTEEIRESEARCH REPORT-OPTIONAL AS RE UESTED BY COUNCIL INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your proj or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure requir by law/ charter or whether there are specific ways in which the City of Sai Paul and its citizens will beneflt from this project/action. DISADYANTA(3ES IF�1PPR01IED What negative effects or major changes to existing or past proce s might _ this projert�r¢quest)prqdutr�if it is passed(e.g.,traffic delays, rroi , tax increases or assessrrients)?To Whom?When? For how long? � DISADVANTAGES IF NOT APPROVED What wili be the negative consequences if the promised action is t approved?Inability to deliver service? Continued high traffic, noise, accident rate7 Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the i ue you are addressing, in generai you must answer two questions: How m ch is it going to cost?Who is going to pay? � . /�a�, �� April 1 , 1987 ` � ' . Council President Victor Tede co , 5eventh Floor Cit.y Hall . Dear Council President Tedes . Enclosed �please find a Res lution providing for indemnifica-�ion � of attorney interns assisgne to this office. _ By way of background, the law � firm of Robins Zelle Larson & Kaplan some time ago appr ached this of£ice with a pro�osal � ti�►at attorneys hired by tlem undergo an internship with �hhe Criminal Divisiori of our ffice. It was. their intent that the attorney so assigned w uld develop their trial skills and � ge� a first-hand experienc in the court room atmosphere that is par�t and parcel of our day to day work. The law firm has now proposed formalizing t is relationship and has su'pmitted ' a contract to that end. The contract would provide tha� the Robins firm would pay all , . of the salary and fringe enefits of the interns and hold us har:nless for any Workers Com ensation or Unemp�.oyment Compensation claims as they arise. They would desire that the City inder.�nify the firm for any other i;y es of claims. The possibility of such other claims is indeed remote and we have never experienced any such claims as yet witli our regular staff; but we understand • the Robins firm's desire t protect itself. Tne claims that they are asking us to in emnify them against would be such things as gross attorney misconduct, etc. , leading to some sort of a civil suit . � ' In view of the fact `�that t e City is a beneficiary of , the re- lationship with Robins in the internship - program, I have no concern in recommending that the attached resolutio� be considered and passed by the �Council o satisfy the Robins firm' s concern in this area. � - , � • Thank you for your kind cons ' deration oi this request. - � Yours truly� � EDWARD P. STARR '. City Attorney • Encl . cc: Mayor, Councilmembers, erald Hendrickson , � � . . . �- ���-i�a�' � �� � � �� GREEMENT BETWEEN TH CITY OF SAINT PAUL AND GU RUN EMRICH This agreement is made nd entered into on the day of , 1989, y and between the City of Saint Paul ("City") and Gudrun Emrich ( ntern) . CITALS 1. The City, in order o provide its citizens with adequate prosecution of petty mis meanors, misdemeanors, and gross misdemeanors desires to obtai prosecution skills and services from members of the local bar at minimum cost; and 2. It would be benefic'al to the Intern to gain additional trial experience; and 3. This agreement is a thorized by and subject to the laws of Minnesota. Minn. Stat. 1 . 15-15.59 (1988) . UND RSTANDINGS 1. The Intern will act as a criminal prosecutor in the City Attorney's Office for a peri d of approximately three months. In no event shall any assignmen exceed the limitations set forth in Minn. Stat. 15.53 (1986) . 2 . Under the direction nd supervision of the City Attorney, the Intern will draft compl ints, handle arraignments and pre- trials, negotiate plea barga ns, try court and jury trial cases, handle appeals, and perform a y and all other functions and duties currently performed by prosec tors in the Criminal Division of the City Attorney's Office. S ecial emphasis shall be placed on permitting the Intern to y cases before juries in order to improve the Intern's trial s ills. 3. The Intern shall pe form no functions or duties performed by members of the Civil Divi ion of the City Attorney's Office and the Intern's only contacts ith the Civil Division shall be only on an informal basis or in the performance of the duties as a member of the Criminal Divis'on. 4. In performance of t e Intern's functions and duties, the Intern shall abide by the ru es, regulations, and policies of the City Attorney's Office, sha 1 abide by the Code of Professional Responsibility, and shall be responsible to the City of St. Paul and its citizens. 5. In consideration of the services rendered by the Intern, the City will provide the I tern with office space in the City Attorney's Office as well as secretarial and clerical support and all books, paper, and suppli necessary in the performance of the Intern's functions and dutie . 6. The Intern shall wor under the direction and supervision of the City Attorney or his r her designee. 7. In consideration of the services rendered by the Intern, the City agrees to indemnify nd hold harmless the Intern from any claims and causes of action a ising out of the Intern's activities in the Saint Paul City Attor y's Office, Criminal Division. 8. The Intern acknowle ges the benefits of practical legal experiences offered under thi agreement and further acknowledges that no rights or benefits ar acquired by the Intern as to 2 employment status under the ity charter or civil service rules as this agreement alone governs the Intern's employment. 9. This agreement may e terminated by the City at any time by giving the Intern a writte notice thereof by mail or in person. The Intern may terminate this agreement by giving the City Attorney 30 days written notice there f. INTERN�, G� � �--�----- Gud n Emrich CI F SAINT P ` r � By �` ( Direc r of Fina ce and Management Services gy �C�t.t,� /�}-. ����.L�-/su�M City Attorney � � � Ass stant City Attorney 3 - � . � !��-�9a� R�~C1S O,�i, CITY OF SAINT PAUL ° � OFFICE OF THE CITY ATTORNEY : ���_� h' 0 P �••• EDWARD P. STARR, CITY ATTORNEY 647 City Hall,Saint Paul,Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR October 10, 1989 � � � �., � � �� .�°°� '� � � � � � Council President James Sch ibel � `� 716 City Hall �,� Dear Council President Sche'bel: Enclosed please find one Re olution providing for indemnification of an attorney intern assig ed to this office. Also enclosed is a copy of the April 1, 1987, letter to Council President Victor Tedesco explaining th background of this resolution. This is somewhat different in th t instead of dealing with a firm, we are dealing with an individu l. We believe that this would require the City to be an employer w th regard to unemployment or workers' compensation. Please present this Resolut'on to the City Council at your next meeting. Thank you. Yours truly, Ju.�.e_ �-.-���f'� JANE MCPEAK Deputy City Attorney Encs.