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88-426 WHIT — CITY CLERK PINK — FINANCE � CA RV — OEPARTMENT ,. GITY OF AINT PALTL COI1f1C1 � B E —MAVOR File NO. ��_� � e 1 Council Resolution Presented By Referred To Committee: Date Out of Committee By Date WE�EAS '�he City Attorney has stated that au rized staff in the 1988 Pr3apted General Fur1d budget are u�adequate to meet the demarxls of current w�orkload, and Wf�FAS, Attorn+ey workload had increa.sed since 1983 due to legislative changes shifting prosecutiari responsibilities fran the Caunty t the City and an increa.se in the voltm�re of cases filed, and Wf3ERF'�AS Authorized positio�s in the City Atto ey's Office have only increased by five(5) 5ince ].�83, and WF�RE'.AB, The May�rt pursuant to Sectio� 10.07. of the City C�,arter, does certify that there are available for appropriaticaa r ues in excess of those est�mated in the 1988 budget; aryd Wf-TEREAS, 'I'he Mayor recam�exids th�e follawing c ges to the 1988 budget: B dge t Changes B�� FIN�ING FLF,tv' ------------ ------------ ------------ 001 C�+lERAL FUt�ID 9890 Use of F�1 Balance, Unreserved 0 172,414 172,414 Designated All Other Financing 118,468,720 0 118,468,720 ------------ ------------ ------------ 115,468,720 172,414 118,641,134 COUIVC[LMEN Requested by Department of: Yeas D].tt10rid Nays Goswitz �_ �n Favo Long Rettman � _ Against BY Scheibel Sonnen Wi130ri MAR 2 9 198$ Form Approved by City Attorney Adopted by Council: Date Certified Ya �b� uncil � r t BY By aC 1j►� Approved b 'Navo : D e 1-wn 2 9 � 8� p►PPr by Mayor for S iss' o�mCil B B P��ISHED ��r': ` 1988 � , - . �.ouncf� Research Center C�.-�2 f° ,�, g , , , ' � . JAN 2 6�g o .�t� Q10974� City 3��i:orney " DSPARTMENT - Ed Starr CONTACT NAML► 298- 5121 PHONE � 1 4/88 DA�E . �lSSIGN NiTl�IBER FOR ROUTING ORDER: (See re rae side.) � Department Director 4• Mayor (or Assistan ) Finance and Management Services Direc or � City Clerk N� K� '�'j''�� Budget Director � _ � � City Attorney _ TOTAL NiJIiBER OF SIGNATURE PAGES: 1 (C ip all locations for signature.) TT G ? .(Purpose/Rationale) Dramatic increase of work responsibilities s nce 1982 in City Attorney's Office(eg. gross mis- demeanors from 0 pre 1982 to 2000 per year i St. Paul last year, misdemeanor charges in criminal matters from 1983 to 19"86 increased from 4,820 ta 8,490, Traffic matters increased from 46,118 in 1983 to 52,443 in 1986) � . No increases in professional nor paralegal s aff to handle dramatic increase. This increase of S FTEs is a cox�servative ad ition to ensure that the legal business of the City can be adequately and consistently handled. COS UDG AN P S C S R�CEjVE� Additionel $116,334 salary cost and $30,248 ringe benefit cost to Gene�j Fund to cover 5 new. FTEs(1 Clerk Typist, 2 Law Clerks, 2 ',Attorne s) plus $25,832 supplies a4f�c�iip��8 cost to accomodate new FTEs. Additional costs suppo ted by general fund revenue sources(no new sources ' generated) . B�DGE1'OFFlCE Cannot perform legal function without curren budget plus these additional ,costa. T�o sttorneys necessary to assure sufficient number of la ers available to appear in court as required by law. Two law clerks to relieve load of la ers in reparation and semi-clerical matters. NANC G S T B CHARGED 0 CREDIT D: (Mayor's signature not requirad if under 10,000.) .Total Amouat of Transgction: $172,414 Activity Number: 00200 City Attorney- General Operations and various fringe � Funding Source: �d Balance, Unreserve , benefit activities Desic�nated RECEIVLp ATTACI�MENTS: (List and number all attac ents.) JA N �. �tesolution t � ��$8 2. Memorandums: 12-9-87, 10-29-87,9-18-87 1-15-87, 12-10-86, 11-17-86, � 3. Equipment Costs For Additional Staff MAY�/;�� C� ` 4. Letter, Starr to Blees, on priorities. �iD1rtINI3TRATIVE PROCEDIJRES ✓Yes _No Rules, Regulations, Pro edures, or Budget Amendment required? ' �3fes _No If yes, are they or tim table attachedT DEPARTMENT REVIEW CITY ATTQRNEY REVIEW ✓Yes No Council resolution requir d? Resolution required� �Yes �No _Yes �o Insurance required? Insurance sufficient� _Yes _�io _Yes No Insurance attached? �., ' � }. .,� � ��=�a� � ""'��°`�' CITY OF SAINT PAUL -,�� tITT D.R�� .3,�04 .�'/�ti • �; �� OFFICE OF 7HE CITY ATTORNEY �,'� ��"�1J ^:' .� < m EDWARD P. STARR, CITY ATTORNEY ��"��,�,n'!^'fi.�'`� 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR January 7, 1988 , � �- � ,�y. � . '�q�?�; Gregory Blees Budget Director �-�-�- � ` �y':"�= 367 City Hall Dear Mr. Blees : This letter is being sent to ou in support of our request of increasing our staff by th addition of two attorneys, two paralegal attorneys, and ne clerical employee. We have given you extensive writ en documentation in the past. As you know, in early Decembe we met with the Mayor, and he expressed support for our equested staff increase and asked us to meet with you to ork out the documentation. We met with you on December 2 and discussed with you at length our request. In summary of that meeting an the previous documentation, since 1982 there has been a d amatic increase of the work responsibilities, particularl for the criminal division of the City Attorney' s Office At the same time, there has been an increase in the r sponsibilities of the civil staff as well . To the extent possible, resources have been transferred to the criminal d vision, but we find that we are no longer able to handle the aseload with current resources . Prior to 1982 our office had o responsibility for gross misdemeanor matters . There a e now close to 2 , 000 charges a year brought in St . Paul, a cording to the records of the Clerk of Court. Misdemeanor harges in criminal matters from 1983 to 1986 have gone u from 4 , 820 to 8, 490 . Traffic matters have been inc easing as well, from 46, 118 to 52 , 443 . During the same period of time, there has been no increase of professional staff, no increase of paralegal staff a d only an increase of one FTE of clerical staff. It is our opinion that the legal business of the City cannot b adequately and consistently handled without at least this conservative increase we requested. You have requested that we pr vide a list of priorities of our needs . This is a difficult t sk as it is our opinion that they all are needed. P,nything les will substantially impair criminal law enforcement in St. Paul . Therefore, we are reluctant to prioritize. In other words, ' t would be inaccurate to take any listing of priorities to mean that we can properly perform our function with less resources han the people and equipment we have requested. .� . , ' . � �� ° Gregory Blees Page Two January 7, 1988 With that in mind, and with the desire to cooperate with your request, I would point out that the two lawyer positions are necessary to assure that we hav the sufficient number of lawyers available to appear in ourt as required by law. That must, therefore, be the fi st importance. The two paralegal positions, which woul be utilized to relieve the load of the lawyers in prep ration and other semi- clerical matters, would be of n xt importance. And, finally, the one clerical position is ne essary to adequately deal with the dramatically increased paperload. We appreciate your efforts in his area, and we look forward to a swift presentation of thi matter to the Mayor and City Council . Sin rely, P. ST CITY ATTORNEY EPS/mla .. . �. � , ; , � , �. �� - � �� EQUIPMENT COSTS FOR ADDITIONAL STAFF 4 Executive Desks - $517 ea. (�,�� $2, 068 4 Executive Chairs - $182 ea. �� J`.� 728 8 Side Chairs - $83 ea. j}s� ;�, 664 4 Two Drawer File Cabinets - $ 67 ea. t�� r.� 668 4 Two Shelf Bookcases - $210 e . �) �'/ �^ 840 2 Steno Desks - $417 ea. (�`�'� " � 834 2 Steno Chairs - $165 ea. (� ��' 330 2 Typewriters - $1200 ea. U `;�; /' 2 ,400 Desk Top Copier (purchase) /� ; r1� 5 , 000 Copier Stand C��/S 400 Supply Cabinet !"? ,� f � 150 Coat Rack '`'i'�� 150 Extra Rent (�� 5 , 000 Utilities d �; J 1 1 , 200 Extra Phones ��'� � 5 400 � TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25 , 832 � � . � � /�� E� '��r� �� . : � _�.�'T' �.',� 3�, d..b . CITY OF SAINT PAUL � "' '' OFFICE OF THE CITY ATTORNEY ,;, . � ��{� � : . EDN',qRD P. STARR, CITY ATTORNEI` "°' . 64? Cit� Hall. S,+int Paul, .ti1innesota 5510� 612-?98-i1_l �,E_C�kGE l �71��tER � �1 11 OR December 9 , 1987 � ��'��'�� I�'I E M, O R A N D U M D�C � ;� �987 BU[1�a�:! t1F�=�� TO: P�layor George Lati r 347 City Hall FROP•� : Edward P. Starr � City Attorney RE : Request for Increased ity Attorney Staffing � Ttze �;;��eting with you Thursda , December 10 , 1987 , was requestecl Cct�:�_��r 29 and was in follo -up to earlier requests for staff add.� ii��ns in the City Attorn y' s Office. Copies of varioLS pre-- •�-io:_�.� �er;�os going back to abo t one year ago are attached. :�:e r:a-��e experienced a stead rising demand for services at all leveis , but more dramaticall in the criminal division. Twice in t�:<_ last four years the Legislature has transferred responsi- b�li ��.;� for major areas of rosecution from counties to cities . Ir� ac�c.�i tion, the court admin � stration in Ramsey County has strug- gled ov��, the past year wit a merger and with a concept which • demar;ds �ity Attorneys to b constantly on call and rea:�y for trial cn short notice. . You :�:il� recall our short erm and temporary solution i:Z 198? of }ziri.ng part-time attorney on contracts . You will also recall o.ur other effort to meet t e demand without ccst to th� City through '�ne Trial Internshi Program (TIP) . We now knc�,v tha� N:e need :�ermanent solutions . In all areas of our responsibility . • . the d�mand for our services has increased. The ward system and . • othc;° more recent developm nts in our governmental str�ucture , invo?vin� service to neigh orhoods has dramatically increased , the volume of work in the li ensing and zoning activities. Saint Paul has not escaped the valanche of imaginative litigation that has swept the country ov r the past decade. Employees demand more �rights and alm�st every orm of disciplinary activity r�esults in an administrative hearing and probable appeal into the court system. ; .} � ; . , . . , . - �c�:�� . i�layor Latimer Page Two December 9 , 1987 COI`ICLUSION : City departmen s , neighborhood activism, the state legislature and the pi�blic enerally have all acted to increase the demand for services fr m the City Attorney' s Office. We are unab�e to meet that dem nd. Attempting to meet that demand with current staff levels w' ll only dilute the work product and frustrate and demorali:�e the ork force. EPS : jr cc : Lee Ann 'I'urchin Greg Blees � Bob Kessler ;. ° , , , ��'�°Z� , � , � October 29, 1987 , � M E M O R A N D U M T0: Lee Ann Turchir . Office of the t�:ayor � ' FROt�I: Edward P. Starr � , City Attorney � � � � RE: City Attarney Staff � . Z request a meeting wit you, the Mayor� Gregory Blees , �3ob ::essler and our division s pervisors, Jim Hart, Jerry Hendrickson, F:^c�.rik Viliau.me and Terry Sullivan to discuss the contents of ,:�y memo to Greg Blees da �d September 18, 1987 relating �o my s�afting needs. t�y staff has met to cons dEr service reductions in view of the lack of response to my e :•lier r�emo. �t is impossible for us �o prioritize and el:ir*iina � phases of our work. 1�ye must Iook to the administration for direct;ion. I pre:fer that the nteeLing :�e in my office, if possi le, so that we caii have a concentrated cp�ortunity for one half h ur to discuss these urgent issues. • EPS : j r � . • • • ' ' , . . , . � , . , . ' ' C�� 0 CRIMI AL DIVISION STAFFING I . Introduction � The c:riminal staff ha 10 lawyers, including the chief prosecutor, and m st cover as many as eight assignments at once. I there is any simultaneous use of vacation, sick 1 ave or CLE time by two or more prosecutors, time ust be taken away from trial �reparation, admi istration or screening to cover the assignment . This causes unpreparedness, disordE.r, delay and poo morale. The problem will be m de significantly worse on March 30, when the new ourt merger goes into effect. Not all the details are fixed. However, two signifa.cant figures hav emerged: (1) St. Paul � . misdeme:anor and gross m' sde�r,eanor assignments will � increa:�e by one; and (2 ) Any lack of judges, due to sicicness, vacation, eminars and so forth, will be takEen out of civil, ot criminal , assignments. The goc�d news is that t is means that the jury trial • assigni�ents should drop from 25 to 30 cases per prosec�itor per week to 5 cases per prosecutor per week. The bad news is hat more bodies are needed tc cov��r the assignment . II . The Problem In no uncertain terms the current staff level cannot accommodate the urrent case Ioad, much less � the new assignments to ourt that the merged court system requires . The m yor ' s staff has indicated that there may be conti gent funds available to hire one more prosecuto . Beyond that, there is no money available. Ali of the following teps appear necessary for minimally acceptable pe formance of the prosecution function . _ ZII . Propo:�ed Steps to be Ta en � A. Tom Weyandt to scre nin . Ed Starr has already d::rected this . The amount of Tom' s time available i� not clear yet. t may be substantial . . � -. . . . ��'-�°�� , , . B. Secure contin ent allocation for one more prosecutor. Ed Starr has made the orma request for this. So, it is in process. _ C. Discontinue a ea ance at Pett Misdemeanor Court Trials. T is wo ree a most one u -time " . emp oyee. The ov whelming majority of these matters are minor raff ic offenses (speeding, � - � �� disobeying a stop sign and so forth) . A competent police officer can tell the judge the facts . without the assis ance of counsel. Civilian witness s, however, often need help �- - getting to court a d telling their story. Due `= _ � =>:°;::�`�-�� to this, and to th fact that most civilian � : witnesses come in n min�r traffic accident cases, we will .sto char�7ing tickets where � � . - there is no police witness to the infraction. D. Obtain the service , on a pro bono basis, �f new � la ers from lar e law firms. We have not been � very successfu in the past at getting such lawyers. However, we now ha e one lawyer on a pro bono basis from the Robins, Z lle, Kaplan, et al firm. His experience has bee very positive for both him and - for us . We will b working on establishing this program on a regul r basis. E . Screening Standard . Our case ?oad could be reduced somewhat b raising the criteria for approving charges. Realistically, domestic assaults is the ar a where a case load reducticn is most likely. D e to perceived public concern, . we have aggressive y pursued these cases . Nonetheless, after pushing the case through the • system, most cases fall apart on the day of trial ' due to lack of coo eration of the victim. We will be looking fcr way of evaluating these cases earlier, hopefully at the time of screening, to reduce the number f unwinnable cases or , • uncooperative vict ms from the system. > . . � F. Seek additional staff ir, next budget c cle. � 2 � . . . � . . . � ' . ; � . , ' • • • . . _ /� • •� �� ! ' � . � . . � �. , � .. � � � •� 1��-✓K/ �.�� ;. .a � . • . . 2• .. , �, V • • . . . , ' . . � . '� .. `� • • . . . ' • ' ' -• • . / • � • ? . ' � . September 18, 1987 � . ' , . � ' f ' • � . . . - . : . • , . � . . - � . ' - . � • � - . • _ • � � _ Gregory Blees • • � . •� ' � Budget Director ' ' � � . ' . . . � � 367 City Hall • •' . ' , _ �• ' ,. , � . � ' � . � • . . �Saint Paul, kIId 55102 � ' . ' ' � . _ � RE: 1988 B•sdget Request Ame dinent � � . ; � � � - � ,: ' ' ~ -- . . , . , . �. � . , , • � . . Dear Mr. B2ees: . . . ' ' _ • � ' .: - This 2etter is intended to formalize my- reqvest for an increase �' � • in the 1988 budget to provi e • for additional staffin � ally, n�y re��uest is for the o2lowing: � ' g' =�Peciff.c- ' 2 Clerls-Typists . . . . . . . .. . . .•. . . . . . . . . . . '29,905 ` . . 2 Law Clerks . . . . . . . . . . . :'. . . . . . . . . . . . . 41 �6�2 � • 2 Attoi,ney Iz . . . . . . . . . : . . . . . . . . . : . .. . 57,724 • . ----_._ TOTAL ,, . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . 129,271 - . • � . During my term� as City Atto ey� the staff levels in our office have remained essentially he� same from 1979 to the pr.esent. In that sat��e � period of tlm , signif,icant changes • have occurred in. the demand for services. Z use the term demand to • and_ emphasi.ze that we have no• control over the demand for our. services. We canriot decid to cut� service to meet budgetary . ' � constraints: • .'All of the d mand for our services are external � and� in many instances� man ated by state or Iocal law. We are� � in the busin.ess of responding to those demands. ' . � . Historical3y� our criminal division has beer_ respc�nsirle , for � � • prosecutinq all misdemeanors rtd petty misdemean�rs which 'includes ' � � traffic, criminal � health � d building code� . • Appro:a�imate2y � four �?t ' years ago the Minnesota tate Legislature a3ded the r�sponsi- - bility for I�rosecu�ing gross misdemeanors to c�ties, thu:� trans- ' � ferring that responsility fro courities. In 1987 the Stat� Legis-� lature again transferred th responsibility i'or prosec�ting a_ certain segment of crimes fro courity attorneys to city attorneys. This occurred when certain felonies previously prosecuted by county attorneys were recls sified as gross misdemeanors, thus affecting the trans�erred r spunsibility to us. I 'm not sure . , ' � , � ' . • ' • . • _. ' �" •�� °:—'��!�::c '•'•'—.i�; • o:`1''. : . , _ .. y • .jj�� .. �. j i :, • . '�„ -t. . . « . . , //jy�(• �/ ,.�/' �• , ,• : - , ' , :i• 2'^`:� . � ., 'I• r• � ; ' ,• � �. . • . • b.�✓:.,°� •/,�� • � 1 . � • , . . � T� . .. ��'.� w� � •r�� '�r . � � • ... . •� �r' . � . . . • .� • .•� — , �• �1 :t /� ... , • / ` _ • ' • . . • • � ` , •�� • ' �l:. • �' •_ � • .• . • � � ••• ' .' , • . . ��, . � • . , . � • ...�� , �•� � Gregory Bl�es ' ' . ' , :.. ; , . . . _ . . . _ . . - Page T'wo � ', . .. �:: ._ • . . • . .. • ' ' .' =- •� . . � . - - September 18, 1987 �. � •. ' ' •+�,� � ;: .., .. ' . • � : ^ . . . . . .� - . . � . . • . . ,. • � . , • • � . • � ___ . , . __ . - � . .. _ . . � . . . . .. � where th� impetus come:s fr for• these ,legislative developcaerits;.� � � • I do know that. we have the x�ra work . ta handle. The processing o� gross misdemeanor cases s far more formalized $nd�� therefore,• ;. _ creates far more �wor� for,cl r3ca1. as well as legal staff. ' � � . ' . . . . . • . � .: . . - r - - � � . - �� _� �� , Since 1983 �the volume of c ses''handlcd by our prosecutirig staff ' - has increased 167�. - ' . •.;...:• .��• ' ' • - .• , , . . � .� . . :ti . .. •+ •.:.��' . ' •1. , • , . - I. �Durin 1987 •from . .� .' . ��,. . :- .. � •' . .�;. 4. • , , :. .'•.._ =-- ;.:. g , April� thro gh 'Septem�ier;'�we have had the benefit--•._ .. . of four haxf-time experienc prosecutors who were 'hired - �ur'suant :. - �to a contract. This . was d ne on an experimental basis to'�staff � the additional court �ssi ents that, we Iu�ew would result from . . ' '=. .the raerger of the Dis�ric� d Municipal Court� which was imple- - • � mented April 1�• 198'7.. We . ow know through , the experience tha� �• � we have gained in the inter m� that we need additional permarient • . . � sta:#'ing to meet .the de:mand. • . . : . The Trial Internship :Progr (TIP) �will be a great benefit to • our needs� but will not� suf ice.� Wh31e we gain staffing� through . the prograr, we also must spend time training and supervising • : inasmuch a:� the peopl,e in he pragram are ali totally inexper- � � • ienced. . ' � � � . Simultaneously. civil liti ation . has gone through a _ critical expansion. Legal writers r fer to this period as the litigation • � explosion. People in c�ur so iety az�e continuously more 13tigious. . Zt seems that people increa ingly expect redress for everything � • wrong that happens to thera. : This is a�•nat3onal trend and we_:. . . ' are experic�ncing the s;ame ing here. •�� The�cfore, more a�nd more � " attention and staff t:ime m st be devoted to defending clalms - that .are made against t;he Ci and its •employees. .� We have ea•�h yea: com��lied ith management requests to; hol.d the � . line oz� spending. We h.ave r sisted�the need to ask for additiona3 � ' � ' staff. However. as gover ent generally fine twnes itself to � ' . meet .�the increasPd demand fo services and the decrease in funding � sources, w�: find that the emands for Iegal services from all � City depart:ments are in the increase. The increases are at�. such � a level th.�t the quality of work preduct suffers. We have two � choices: ' • 1. Zncrease staff - � • • ' . 2. Diminish services . ' � . - � • , . . � , . � i • ' ` • '. • , . ' ' .. �. .� . . • �. .. . .. . � ' •• .. .T:.. � :; '.r..�•� .�:::�. . . ,. . . .. . �;.* , • _ •� � . .. , . . . . . : � 9� �►, . ' • � • • . .'.. , . • .�� •• '.' , • . :i• �� ; �!�/• �}'. , • . � . . . . . ./��•s' ' '.��I��, / ' '� ' � • � . . . • � . • . � . , ' . • • j . .:• • • - :" • �•• . • ' ( t.. ��:.^. •� .�:' 'C: . . � , . . •. ` •• . �• • . •• ';• •� • � � • f � • � �/� ��r�t • �•I•• • . . . . • � • • .{ . �• . ' • • �.. •�' Y.� J ..1� •'•- � Gregory Bleea . • ' • • • . . _ •. ' •, •. • , � �. . :, . • Page Two . . . �. . . • . .. .. . : ::' ., _ . . . .:*.� � September 18, 198'7 • � . • • • � . . � . . . . �. . �' • �'. . • � �. + . ' .•. . ; . .� • � • :. ' .. � ' ``�" •w" •:� . . • . . . • • • . :. . . . . . � • . .: . �. To diminish services at ' a � time when the emphasis is, on �better = - • neighborhoods •will not wo k. � To diminish services iri� ar� era of litiqation and hiqh j ry verdict is p��ny wise and • pouzid '.'`' foolish. As government b comes � more complex, diminishing' leqal� :• • t� services within the �frame ork � of our operation will ��.only• hazyn::. --= our government and compound its problesas: . �� .� -� � � . � - . . The. conce ts referred to .hc r ' • , �., , ' � t ' .' �� ..`' � P . �ein could be��deveaoped with additionai�:..,,-' ' explariation. . However, it was my. intention to• keep tlzi.s � 1'etter . • as brief as possible. • - � .� ' •. � � . . � . : �� . : - . .. �.� . . .; :. � : � � Sincerely, . � � . . • . . - . � ' , . .� : : - . , , , .,: . , . . �� . • . �. .- . . . , . _ � _ � � . . . . .. . . ' ` • - �. • . . . . � . : . - '. , .� . . ED:JJ�RD P. STARR • ' : • • • � .; . � City Attorney . . � � ' � , • _ . E�S:jr - � ' • � : - � " . . .. - . . .~ . , . . . . . , � ' � . �� . . .�: .� , . • . . . . . . � . -�. � • � � � _ , �. � • ' � . . . � . . . , � . . . � � • � ' .�.. • . . . . - . . � : . . . : . •�. ' . . ._. . • . , • .. • . . . - . . ' - . . • . . .. ' � '_ . . , . � . . . • � • _ . . . . . _ � . . . . . , . - . . : . . , . _ : . . �...s"' ••, � � � CiTY OF SAINT PAUL ''�, ��` '' ': .� ' ' • OFFICE Of THE CITY ATTORNF� •' y� �C ��. • �t' �� Rt� s� EDWARD P. STARR, C1TY ATTORNEI • "'� 647 City Hall,Saint Paul,Minnesota SS'IO 612-298-512 GFORGE LATIMER • . ��_ �� M�YOR � January 15 , 1987 M E M 0 R A N D U M T0: Greg Blees Budget Director FROr;: Edward P. Starr � City Attorney � � RE : City Attorney Sta in , The City F�ttorney' s staff is shor.thanded and needs addi�tional F. T . E . s if the work to b performed is to meet satisfactory standards . This is especi lly true -in the Criminal Division. The worklo��d is 100°!o respon e oriented. We have no control over the denand for our service . The workloa3 has been increasing steadily in rscent years and does not seem to be leveling off. � The demand for services is ontrolled by the assignmen� of judges �o the pending cases . Mer ly to be able to attend the court r-�andated schedule , we need additional staffing. As we have indicated in earlier discu sion, the merger of Municipal arid District Courts was to ha e resulted in scheduling ehanges. ' Yesterday we were notified s to the nature of those scheduling changes . 'The result is tha we will be required to cover more ' caurtrooms than we have been cover•ing previously. This increases the staffi:zg problems and uts us in an extremely vulnerable position. It will � therefore, be nec ssary for us to request additional > • � • F . T. E . s during the 1988 • bu get process . You have indicated in �, , earlier di�cussion t.hat th re is no possible way to fund any • more than one additional 1 wyer. We, therefore � respectfully request yo•ar approval and ndorsement of this request for one ' additional lawyer. EPS : j r cc : Lee Ann Turchin Gerald T. Hendrickson G F N��T• �•,�� . . - _ . CiTY OF SAINT P.AUI ` � ' ` ' � � ' OFFtCE OF THE CITY ATTORNEI „ > .., . . , . �, �,� :� . . . . . E..;` ��i�i ii�o '_ . . i-1- �= EDWARD P. STARR, CITY ATTORNE` `."•;ti��E� ' , . `'c�•,;�°' 647 City Hail,Saint Paul,Minnesora 551C GEORGE LATIMER • 612-298-51s MAYOR . /��,,.../.Y/�C��`fp �/' Uo December 10, 1986 N,EMO��.NDUM TO: Edward P. Starr � FROM: Gerald T. Hendrickson ' � RE : Staffing - Tnis is to update you on the incre•3se in caseload and court assign;nents and the impact o thes� on staffing n�eds . I have ' a�ter�ted to separate the ch ff fr�:n the whea� as far as true prchlerrs__ from generalized �i content . The �follo�aing are the `icu:es of new cases from 19 3 through June of 1986 : 1983 1°84 1985 Jan. -�une 1986 C=��;,_^�i 4820 5734 6714 4042 G_oss '•.:sdemeanor 1454 � 1668 1995 9�8 Tz�`�ic ( excludes parking ) 6118 480�5 52362 24892 _ You w�ll note that if the 19 6 figures continue as they are ( and trey are more likely to incr ase since the �usy summer months are not included) , criminal case are now 167� of what they were in � 9fi3 , we will have approxim tely 2 , 000 gross misdemeanor cases �=hereas , prior to 1982 , we h d none. Also, the traffic cases , inciud�ng DwI rr�isdemeanors, ppear to be holding steady at a . righ rate . Th�se are the needs as I see them: ' • � � c•�e need one person simply to cover existing easeload as I indicated in my November 17 memo. �Th Court Admir.istrator has advised me that the consolidation of mu icipal and district courts will result in one more judge hea ing �.t. Paul misdemeanor cases on a regular basis. Therefore, we need another person to cover that inc.rease . ,. , ��. . . _ � �, �� _�a� . Memo to £dward P. Starr Page Two . . December 10, 1986 I feel it is__critical to get a third person so that a screening ' unit can be established. There is currently - significant delay in chargin of cases for which no court date has been set. We have some cases as old � as a year that have still n t been screened. we also have a problem with consistency. Finally, I would like the capacity to track the m re serious cases that we now do not have and I would also like the capacity for training and oversight of the prosecutors. I theref�re would request and suggest that three lawyers are ab�olutely necessary to establish minimal performance of cur responsibilities to the City of Saint Paul . � I� �s f�rther my opinion that twen�y minu�es per jury t�ial for preparation and catch-as-catch-can preparation for other appearances is inadequate . For example, on � �omes�ic asszult cases, state law requires us to make • a gooc-�aith effort before a plea is accepted to contact �he victim and ir.form him c her of the plea agreement and r._s �� her riaht to appear t sentencing . h�e si�nply don ' •t :;��e *�:e t�r�er*_o do that on a regular basis , and one judg,e ^as a_reacv proven reluctant to accept a plea in these c�=es w•_t.hout the showing of a reasonable and good-faith e�:c=;. to inform the victim. � �'L:�ouc:: most of the 1970 ' s rosecutors for jury trials '^.ac �cn to fifteen cases per week to prepare . The numbers are r.�ow more like twenty-fi e to thirty _cases per week an3, � - even kith the addition of three more staff , the numbers ' will still be in excess of t enty . To do adequate ' p:-epar_ation so that cases can be presented 'and prepared a� a standard to which the City has been accustomed and en�itled, I �vould request t o additional prosecutors over tr:e three that are absolutely necessary . ► � • � • The increased caseload, particularly the gross misdemeanors , , has �drastically increased the clerical workload. During �he � • past year, clerical staff f r the criminal division worked over 8G0 hours of overtime. And still we have a significant ' � backlog of cases that have een approved for charging but need the clerical workup. I also point out that over 60� of these overtime hours were worked by the two highest paid clerical persons . 0 , �. . _ . � . . . •�. . �e�,'�a�i ,� . �. . Memo to Edward P. Starr Page Three . � December 10, 1986 �lso, when there was an add tion recently to �he clerical staff , there was a simultan ous reduction of clerical staff in that the police renioved he� one clerical person they had in ou� office. But the wor to be done remained for our staif to perform. As a res lt, for example, our receptionist, on a slow day, has to answe 176 phone calls ; 22 an hour) , plus try to call police wit esses releasing them from or.-call status. it appears that the c7.erica resources are stretched so thinly that whenever there s an unusually busy day or .an absence due to sickness or acation that all work falls � • be'r.ind and there is no flex ' bility to catch up. The clerk responsible for o ening files has to open over 2Q0 new files a week, which includes obtaining the police =eports , running the �-ecord checks, typing the manifolds, • �v�inc the file cover:� , and preparing index cards . '�ne sE-c•Y�c-��-y preparirzg gro s misdemeanors must prepare ��.•e= � 0 a ��eek whicn requir s extensive typ�ng and xeroxing . �o�^, t7ese `unctions �:re si nificantly backed up. To remedy th:.s , I request two additio al clerical positions . _ � a�:ea�s clear to mEe that while no� ali complaints are � ::s=_fied, there simp�y is ore caseload than the current s:.a�_`ing levels can arcommo ate . If additional personnel �Gnr.c� be obtained, sc�me st ps must be made to reduce the � . c�=eload. �ti'hile this is no totally within our han�s, we - can cut down on the c<3ses b simply refusing to charge � � ce=tain offenses or . c<�rtain types of cases ( for example, no� chargir.g thefts under S 5, not charging DWI ' s under . �4 readings ) . I am not co fortable with making these �c��s of changes in tlze cha ging standards and hope that the staffing levels r�ither ould be increased. And, as .r ' � , you are aware, the Coi.irt Ad inistrator ' s Office, the . . . judges , and even the ��ublic defenders have indicated � . . their belief that an �ncrea e in staff is necessary. GTi�!mla � , � ��'" •• . _ CiTY OF SAINT PAl �� OFFICE OF THE C(TY ATTORN _� � . . • �. � :� . �� . � �; �,��' ��"i i�' � � � '• "�. '<� '�`�� =E - ' �, E�WARD P. STARR, CtTY ATTORi� '"�;,a�"`�E , 647 City Hall, Saint Paul,Minnesota S'. GEORGf I�TIMER 612-29&: M^YOR ' D,.�. ��/.�„�/�� /��d Y - November 17, 1986 ME^lOP.�NDUN FF.OM: Gerald T. Hendrickson � � nL' : St��ing '"::e staffing probl�m on the criminal staff ca� be clearly =ee.^. by considering the followina . '�ne court �y�ically assigns seven ( 7 ) judges �er week to St . Fa;:i ma�ter= . Only arrai nments are scheduled �or two wee�s around Cnristmas and f r one week durin� the bar c��.ventio� . So there are 343 judge weeks per year to be �c-��e_ec ( ix49=343 ) . ' .he criminal staff consisted of 9 . 75 full-time employees (FTE) . Sc, d�.:ring those 49 weeks we have a total of 477 . 75 attorney k•Fe:.:= �er vear with which to work ( 9 . 75x49 ) . � . - - :o be adequately organized, ne person (chief prosecutor) ' neecs to be available to adm' nister and supervise and � a-:c�her person must be avail ble to screen cases : These runc�ions are outs�ide of cou t, so the available attorney ��ee;:s per year are reduced t 379 . 75 ( 477 . 75-49-49 ) . ► , • ' , Bv :.he collective bargaining agreement, one attorney has . . �ive weeks ' vacation, two ha e four weeks, ar3 the rest have � . �hree weeks . They all have wo floating holi3ays . They all must average 15 CLE cred' ts per year which takes about ' 2 . 5 �ays to acquire. Also, n average of 2 . 5 sick days per year seems a fair assumption This reduces the available ' attorney weeks per year to 3 2 . 85 t379 . 75-33 . 25-3 . 9-4 . 875-4 . 875) . � _ �00, ,' � „. . . ^ . _ . , �� . . -, . Page Two . t�ovember 17 , 1986 The a�torneys also need some time for preparation. Minimum preparatior. on arraignments, court trials and pre-trials might be done after court during n rmal working hours. Minimum preparation f or jury trials ould be one day free of court during the week' prior to jur trial assignment. Hit:� normally three jury tri 1 settings per week, this reduces thE available attorn y weeks per year to 303 . 45 ( 332 . 85-29 . 4 ) . Obviously, 303 . 45 attorney w eks does not cove.r 343 judge weeks . So, whenever anyone ' s on vacation, sick or at a � CLE seminar , chaos results . If the chief goes to court, organizaticn falls behind, w ich it has. If the screener � � goes to court , screening falls behind, which it has . - I� la�:yers have ta fc�rego ju y trial preparation , public satisfacticn and staff moral both f all , which they have . Due to vacatians , sick leave , CLE seminars, floaters and . • so forth, cne more FTE only i creases the attorney weeks �e� vea� by 44 . So one more staff only makes the ratio 3 4 � j ucae—�.� .c-�:-E. per year to 3 7 . 4 5 attorney weeks per year. So, c;�z r,ore s��ff is essent� 1 to allow even minimally ac'cuate s�aF`ing and prepara ion with no excess to deal with acditional demands like ppeais, victim contact �roc;�a;ns . No� does it allow or the changes due to court =ec�c�nizat�on. So, one more prosecutor is ab olutely necessary for at least ,:��ni:,�aily acceptable performa ce . Given the increase in case load ( doubled in the las 3-4 years ) and the hope that tk�e City cc�ld have more than minimal representation, two . . pc�sitions should be cr�ated. G':�:/ml d * This is ver minimal . A w ek of jury trials includes at least 25 cases . Preparati n includes contacting witnesses, researching law, making su e all subpoenaes and notices. have been sent, reviewing ocuments and contacting defense � �� attorneys to negotiate . T e jury trial lawyer with only cne preparation day thus h s less than 2�� minutes per case p�'e?aration time . In the iddle i0 ' s, jtiry trials only had 10 cases per week set . In the late 70 ' s and early 80 ' s :.:is kas increased to 15• p r week . � •� � Me�nbers ��r�� CITY OF AINT PAUL Bob Long, Chair � � � OFFICBf OF H� CITY COUNCIL Janice Rettman � Tom Dimond : � Commi tee Repoi•� 7 � Fin ce Mana ement � Personnel Committee. MARCH , 19F38 � . F'ERSONNEL � � . - - . 1:3a l . Approval of minutes of Fe ruary 29th meeting. AppROVFA 1 :35 2. Resolution approving chan e in minimum qualiflca�ions for the class of Bridye Crew Lead r. Lp;ID O�rER TO MARCH 21 ls45 3. Resolutton changing the r te of pay for Volu�teer Coordinator from the ungraded rate tn Special Employment Sectfon to Grade 1, _ Section I D 3 in the Prof ssional Employees No►n-Supervisory Ranges in the Salary Plen and Ra es of Compensation Resolutton. (Referred from City Council meeting �'ebruary 25) AppROVED - . • t=55 4. Resolution accepting deci ions of the St. Paut Poltce Reltef Assvciatlon and the St. P ul Ftre Relief Association by rescindfng C.F. 87-240, not approvin any consolidattorr of the safd Assocta- tions with the Public Emp oyee's Retirement Fund, and instructing appropriate staff to take action needed to uphold thls dectston. (Referred from City Counc 1 meettng February 11� �,ppgp� � �,,�� FINANCE 6 BUOGET 2:30 5. Resolution amending the 1 88 budget by adding $l2,200 to the Financing and Spendtng PI ns for Fire Responsive 5ervices. (Referred from City Counc 1 meeting February 25) APPROVED -'__._.'__._._..,_.__._.__......._._.�y�.. ��.__�_' - ..... . _._........._ ti.. . . ___'_"_""__ 2:40 6.° � , � , � ��. b�rdget by adding $t 72,4l 4 to the ,. � [�"�+ '�' ' y ^ing Pian-City Attorney's Office. _ ,. _ ., �. - ,._ � ,� —.._ _ �. _ _ _ ---� . .__.:_. ------- .�-----� `------- -- ---- 2:55 7. Resolution amencfing the 1 88 budget by adding $200,000 to ths Financing and Spending PI ns for Publtc Health Division - . Removai of Vacant and Naz rdous Buildings Program, a�d that the HRA $800,000 fund balance is �eleased and added back to HRA Development Fund. tRefer ed from Ctty Counctl meett�g February �A� LAID OVER TO r]AP, 14 � CITY HALL SEVENTH FLO R SA1NT PAUL, biINNESpI'A SSI02 . • �ae