88-1422 WHITE - CITV CLERK
PINK - FINANCE GITY OF SAINT PALTL Council /w' �/
CANARV - DEPARTMENT �{ /Lj
BLUE - MAVOR File NO• `• �` •�� -
Council Resolution � �
.�:;
Presented By �j'��
Referred To . Committee: Date
Out of Committee By Date
RESOLVED, that the proper City officials are hereby
authorized and directed to execute an Agreement with the
MN/DOT whereby said department will furnish an attorney to
work in the Criminal Division of the City Attorney' s Office
without cost to the City, including Workers Compensation
and Unemployment Compensation claims as may arise, but
providing for indemnification by the City of any other
civil claims that should occur; a copy of said Agreement
to be kept on file and of record in the Department of
Finance and Management Services.
COUNCIL MEMBERS Requested by epartment of:
Yeas Nays
Dimond Cit A orne
��g � In Favor
Gosw;tz
Rettman
s�bein�� _ A gai n s t BY
Sonnen
Wilson
AVl7 � � � Form A ved by City t n
Adopted by Council: Date �
Certified P<s• d by CounciL Secretl��� By
Bl' r /JC.(� ' ��
t#p rov y Mavor. Date � r �9�� Appr by Mayor for S ssio o cil
B `;r
PU�i.IS�IED =,L� 1 p 1988
_ .��, � _ ��'_���►'�`
�I° �12731 �
City Attorney DEPARTMENT •
Sharon Costello CON'PACT NAt�
4 2 71 PHONE
� Auqust 17, 1988 DATE
ASSIGN NUI�IBER FOR HOUTING ORDER: (See reverse side.�
Department Director � Mayor (or Assistant)
2 Finance and Management Servicas Director _ City Clerk
_,,, Budget Director �
3 City Attorney . _
�,OTAL NOi�iBEg OF SIGNATURE PAGES: 4 (Clip all locations for signature.)
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACIiED IdATER.IALS? (Purpose/Ratiottale) �
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The following will provide an attorney to act as criminal prosecutor in
the City Attorney' s Office to provide adequate prosecution of petty
inisdemeanors, misdemeanors and gross misdemeanors:
State Of Minnesota, Department of Transportation
COST/�ENEFIT; BUDGETARY. AND PERSONNEL IMPACTS ANTICIPATED:
No F.T.E.s affected - services will be provided at no cost to `VEy.
RECE o
pU G 1 s 198�
FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: MqYpF�S OFF��E
(Ztayor's signature not required if under $10,000.)
To.tal Amount of T�ansBCtion: Activit Number:
G�ouncil Research Center
Funding Source:
AUG 151988
ATTACHMENTS: (List and number all attachments.)
Original and two copies of Agreement b�tween City and NiN/DOT.
AD?IINISTRATIVE PROCEDURES
_Yes X No Rules, Regulations, Procedures, or Budget Amendment required?
_Yes �. No If yes, are they or timetable attached? .
DEPARTMENT REVIEW ��TY ATTORNEY REVIE41
_Yes _No Council resolution required? Resolution requiredY _Yes _No
_Yes X No Insurance required? Insurance sufficient? _Yes _No
_Yes �No Insurance attached?
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Council President Victor Tedesco� � ; ; , �� .
Seventh Floor , • _ '� - . 7 � -
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Cit.y Hall . • � � :; '
•' _ , -
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bear C�uncil President Tedesco's , : � ' � ,r''', ' ' , �� �`,
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� Enclosed �please� find =a . Resolution providing �for�indemnit�ication a`..
of attorney interns ass3sgned to �this office. ;� �=�- --� ; .� � -
� .. . . .. . . .. . .. � .. .. � � - . � o✓ M.
. 'By way of bac kground, . the l aw �� f i rm �of I� Rob ins Zei le��Larson � .
Kaplan some time ago approached this �offic:e �.-with . a proposal _
that at�orneys hi red by them�� undergo�': an i.n,ternship '�'with -�the ' ,
erim:nal Divisiori of our office. It - waa theic- intent,�:�.that �` -�.
th� attorney so assigned would,' develop :their� trial skills-=�and- � ':.:��
get a first-hand experience , in the court rc�om � atmosphere:�:.that'-
� is p�:rt and parcel. of our- day to day work.. The Iaw fir�m has �
now prop�sed formalizing� this � relationship and has . subrnitted .
a contra�t to that end. . . . , . � - �
The cantract would provide tha� the . Robins firm w�ould: �pay ��all �, � ;^.
of the salary and fringe benefits ..of the interns and '. hold� us .
harmless for any Workers Compensation or Unemp;loyment Compensation
claims as they . arise. � They would des3re� that the City �indemnify
t:�e firm for any other types of claims. The poss3�ility of ,
such �ther clafms is ' indeed remote and we have .never exper�enced
any such claims as yet with our .regular staff ,� but we understand ' . ';
- the Robins firm's desire to� protect itself. �. The cZaims -�that � : •
� they are asking us to indemnify ��, them -� 'agaj�nst would` be "��such f. _
things as gross - attorney misconduct, ,. �;etc. , ' -leadinq ' to � ��some,: � ;,
sort of a civil suit .� � � � _ � _ � :`�. -
. _ . . - .._. - ,
� In view of the fact rthat tlie � City is � a benF�ficiary� c�f. the� re-
.. � . lationship with Robins in . the internship - ��rograrc�� Y have r�o � �.
concern in reco�unending that the attached reso:4ution be �onsidered
, .and ;�a�sed by the •Council to satisfy the Rcabins fir�'s concern
in this area. . � � ` . . -.
\ . _
Thank you for your kind �consideration of this .request. ' •_ •
- . . -
Yours truly� ! . _ � �. .
ED��ARD P.. STARR � ` .
City Attorney . •
Enc1 . •
cc : Mayor� . Councilrr>embers� Gerald Hendrickson � �
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!��fy�Z
AGREEMENT
BETWEEN THE STATE OF MINNESUTA, DEPARTMENT OF TRANSPORTATION
. AND
THE CITY OF ST. PAUL
This agreement is made and entered into on the day of
, 1988, by and between the State of Minnesota,
Department of Transportation, . hereafter Mn/DOT; and the City -
� of St. Paul, hereafter City.
RECITALS
1. The employee is a classified, confidential employee
covered by the Commissioner' s Plan in the classification of
Attorney 2, in Mn/DOT with certain rights as a state
employee; and
_
- 2. The City, in order to��grovide its citizens with � �
adequate prosecution of petty misdemeanors, misdemeanors,
and gross misdemeanors desires to obtain prosecution skills
-and services from members of the local bar at minimum cost; �
and - -
3. Mn/DOT has practicing attorneys and it would be �-�
beneficial to Mn/DOT to have an attorney gain trial and �
criminal procedure experience; and
4. This agreement is -authorized and subject to the Laws
of Minnesota, Minn. Stat. 15.51-15.59 (1986) .
UNDERSTANDINGS
1. Mn/DOT will send to the St. Paul City Attorney's
Office, Criminal Division, one attorney (Elizabeth Parker) -� --
("Special Assistant City Attorney") to act as a criminal -_-- ,--
rosecutor in �he Cit Attorrte 's Office for a -�� � '� �
P y y period of ,
approximately three months beginning on October 10, 1988,
and for such additional periods thereafter until this
agreement is terminated by either of the parties. In no -
event shall any assignments exceed the limitations set forth
in Minn. Stat. 15.53 (1986) .
• ;
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2. Under the direction and supervision of the City
Attorney, the Special Assistant �ity Attorney will draft � _
complai�ts, handle .arraignments and pre-trials, negotiate
plea bargains, try court and' jury trial. cases, handle
appeals, and perfarm any and all other functions and duties
currently performed 'by prosecutors in the Criminal Division
of the City Attorney's Office. Special emphasis shall be
placed on permitting the Special Assistant City Attorney to
try cases before juries in order to improve 'the Special
Assistant City Attorney's trial skills. �
3. The Special Assistant City Attorney shal.l perform no -
• functions or duties performed by members of the Civil
Division of the City Attorney's O�fice and the Special
Assistant City Attorney's only contact with the Civil
Division shall be only on an informal basis or in the
performance of the duties as a member of the Criminal
Division. �
4. In performance of the Special Assistant City
Attorney's functions and duties, the Special Assistant City - - -- . . __
. _.
Attorney shall abide by the rute-s��-regulationsj and policies ° ' '-
of the City Attorney's Office, shall abide by the Code of
Professional Responsibility, and shall be responsible to the
City of St. Paul and- its citizens.
5. During the Special Assistant City Attorney's stay at
the City Attorney's Office, the Special Assistant City
Attorney shall avoid all conflicts of interest.
� 6. Mn/DOT will supply the salary and other incidental
benefits to the Special Assistant City Attorney during the
life of this agreement.
7. In consideration of the services rendered by the
Special Assistant City Attorney, the City will provide the
Special Assistant City Attorney with office space in the
_— -
City Attorney's Office as well as secretarial and clerical `
support and all books,- pape�s�,- and supplies necessary in the "
performance of the Special Assistant City Attorney's '
functions and duties.
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8. The Special �Assistant City Attorney shall work under
_ the: direction and supervision of the City Attorney, but
shall be deemed an employee of Mn/DO� and not an employee of .
the' City. The Special Assistant City Attorney shall be
considered on a leave of absence from Mn/DOT during the stay
at the City Attorney's Office and if necessary to the
adequate and zealous representation of Mn/DOT, shall be
permitted from time to ti.me to perform services for Mn/DOT �
as iong as they are unrelated to and not in .conflict with
the prosecutorial duties and functions of the City .
Attorney's Office. It is understood and agreed between the
parties that Mn/DOT will maintain the necessary workers'
compensation and unemployment compensation coverage as
required by law, and that Mn/DOT shall be liable as the
employer of the Special Assistant City Attorney for workers'
compensation and unemployment compensation.
. 9. In consideration of the services rendered by the
Special Assistant Attorney, the City agrees to indemnify and
hold harmless the State of Minnesota and the Special
Assistant City Attorney from any clai.ms and causes of action
- - " arising out of the Speciai As sista'rt�t City Att6r`rte�'s - � ' � '�� -`
_. _,-�_.
_ _ . _
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activities in the St. Paul City A�torney's Office, Criminal
Division.
10. During the life of this agreement, Ms. Parker
retains her permanent class and status and remains a
confidential employee covered by the Commissioner's Plan,
and continues to accrue benefits, compensation and seniority .
at Mn/DOT in accordance with the Commissioner's Plan.
- - - ---�1. During the life of this agreement, Ms. Parker �
retains all rights under the Commissioner's PZan.
12. This agreement may be terminated by either party at
any time by giving the other party a written notice thereof
by mail.
,
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_ 13. This ag�eement shall be binding on the parties and .
their successors. : _.... . _ _ .._._. _ _
�
This represents the complete and total agreement between the
parties regarding this matter.
, a
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j . . ��P-���
Mn/DOT CITY OF ST. PAUL
By ��..../ !
Darryl urgin ayor
Assistant Commissioner
. -
� By . By
Eliza th Parker Director of Finance
and Management Services
By By
J m . Yates City Attorney
S n'or Personne Officer
By
ssistant Ci y Attorney
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. ATTORNEY UCENSE • ;T?' �a
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- ' � CIEi 3r �XPIRE3' 07/Oi/8���•,,�,:•'`'
� . 1 CERTIFY THAT
_ � EL�ZABETH- M. PARKER�
� . 2532t BRYANT�. AV�� 30
_ - . M��s' MN� 55a05, _-
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IS A GISTEpEO ATTOR
NE1►OR JYOGE �K��CA7E CO��T
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