01-734Council File # O l—'1 3`
Green Sheet# �p +�#�'j�
Presented By
Referred To
Conunittee: Date
WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
Adininistrative Code authorize the City Council, upon request of the City Attorney, to appoint
special counsel and provide compensation therefore in cases of conflict ar of special or
unusual circuxnstances; and
VJHEREAS, the Ramsey County Sheriff is conducting an investigation of the circumstances
surrounding the dismissal ofmisdemeanortheft charges originally filed by the City Attorney's Office
against Thomas R. Berkelman, who is the husband of Minnesota State Supreme Court Chief Justice
Kathleen Blatz; and
WHEREAS, the City Attorney, after a personal review of the facts and evidence, has
determined that misdemeanor theft charges should be reinstituted, and such a charge and
accompanying complaint has therefore been filed against Berkelman; and
WHEREAS, in conducting his personal review of the matter, the City Attorney also sougJ�t
the outside opinion of Donald M. Lewis, a former Assistant U.S. Attorney and recently an advisor
to the University of Minnesota in its case against former basketball coach Clem Haskins, who
concurred that a misdemeanor theft charge was appropriate; and
WHEREAS, Donald M. Lewis has therefore acquired a familiarity with the case now entitled
State v. Thomas R. Berkelman; and
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
WHEREAS, in the normal course of events an attorney from the criminal division of the City
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12
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14
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Attorney's Office would be assigned to prosecute the case against Mr. Berkelman; and
WI�REAS, the pending investigation of the activities of the crimival division of the City
Attorney's Office constitutes a special or unusual circumstance which makes it inappropriate for the
City Attomey's Office to conduct this criininal prosecution;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does
hereby appoint, upon request of the City Attorney for the purpose of avoiding the appearance of
impropriety due to the special circumstances described above, the firm of Halleland Lewis Nilan
Sipkins & Johnson, under the direction of attomey Donald M. Lewis, as special counsel representing
the city in the above-referenced criminal prosecution; and be it
FURTHER RESOLVED, that the compensation to be paid for the services of said special
counsei shall be in accordance with the City Attorney Fee Policy, established for the appointment
of all such special counsel now and in the future, and the total fees to be paid to said special counsel
shall be in accord with such policy, will not exceed $ 165.00 per hour, shall be reasonable and shall
take into account the factors listed Rule 1.5 of the Rules of Professional Conduct.
o i -�13`L
Requested by Department of:
By:
Form Approved by City A
BY� lQ�i`� P�• I(•�'A 7/!�/G/
Approved by Mayor for Submission to Council
By: � �- � �- By:
- t �—__
Approved by Mayor: Date V � (
By:
Adopted by Council: Date \\ �OLS �
Adoption Certified by Counc' Sec t ry
DepartmenUofficelcouncil: Date Initiated Green Sheet No . 104177 0 � — 13 �
City Attorney's Office 7f11/01
Cor�ct Peison 8 Phone: Initialleate 1niHauaate
Clayton Robinson, 266-8710 � Depazmient Dir. _ Ciry Council
Must Be on Council Agenda by (Date) Assi9� �City Attomey� 7 J! �/ _ Ciry Clerk
Number Financial SeN D"u. FinanciaL Secv/acctg
7/11/� I p Mayor (Or Asst) _ Civil Service Commission
Routing
Order
Total # ot SignaWre Pages _(Clip All Locations for Signature)
Action Requested:
Approval of appointment of special counsel to conduct criminal prosecution in State v. Thomas R. BerkeUnan.
Recommendations: Approve (A) or Rejed (R) Personal Service ConVacts Must Answer the Following Questions:
1. H this personffirm ever worked under a contract for this department?
Planning Commission es No
CIB Committee 2. s th�o�rm ever been a clty employee?
Civil Service Commission Yes No
3. Does t person/firm posse skill not normally possessed by any current city
employee? Yes o
Expiain all yes answers on se rete sheet and attach to green sheet
Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why):
The City Attorney's O�ce (CAO) has issued a criininal complaint in the case of State v. Thomas Berkelman. The
Ramsey County Sheriff is currently investigating whether CAO personnel previously improperly dismissed the
case. The CAO should not prosecute the case because of the appearance of impropriety.
AdvanWges If Approved:
The case will be prosecuted without an appearance of impropriety.
Disadvantages If Approved:
None.
Disadvantages ff Not Approved:
A different outside counsel would have to be selected and retained.
Total Amount of Transaction: $ CostJRevenue Budgeted: yPis
Funding Source:�City Attomey's Outside Counsel Activity Number: 09073
Financial Information: (Explain)
I.IUSERS�DOIJMANriFORMS\Greensheet wpd
Council File # O l—'1 3`
Green Sheet# �p +�#�'j�
Presented By
Referred To
Conunittee: Date
WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
Adininistrative Code authorize the City Council, upon request of the City Attorney, to appoint
special counsel and provide compensation therefore in cases of conflict ar of special or
unusual circuxnstances; and
VJHEREAS, the Ramsey County Sheriff is conducting an investigation of the circumstances
surrounding the dismissal ofmisdemeanortheft charges originally filed by the City Attorney's Office
against Thomas R. Berkelman, who is the husband of Minnesota State Supreme Court Chief Justice
Kathleen Blatz; and
WHEREAS, the City Attorney, after a personal review of the facts and evidence, has
determined that misdemeanor theft charges should be reinstituted, and such a charge and
accompanying complaint has therefore been filed against Berkelman; and
WHEREAS, in conducting his personal review of the matter, the City Attorney also sougJ�t
the outside opinion of Donald M. Lewis, a former Assistant U.S. Attorney and recently an advisor
to the University of Minnesota in its case against former basketball coach Clem Haskins, who
concurred that a misdemeanor theft charge was appropriate; and
WHEREAS, Donald M. Lewis has therefore acquired a familiarity with the case now entitled
State v. Thomas R. Berkelman; and
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
WHEREAS, in the normal course of events an attorney from the criminal division of the City
2
0
6
7
9
10
11
12
13
14
15
16
17
18
19
Attorney's Office would be assigned to prosecute the case against Mr. Berkelman; and
WI�REAS, the pending investigation of the activities of the crimival division of the City
Attorney's Office constitutes a special or unusual circumstance which makes it inappropriate for the
City Attomey's Office to conduct this criininal prosecution;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does
hereby appoint, upon request of the City Attorney for the purpose of avoiding the appearance of
impropriety due to the special circumstances described above, the firm of Halleland Lewis Nilan
Sipkins & Johnson, under the direction of attomey Donald M. Lewis, as special counsel representing
the city in the above-referenced criminal prosecution; and be it
FURTHER RESOLVED, that the compensation to be paid for the services of said special
counsei shall be in accordance with the City Attorney Fee Policy, established for the appointment
of all such special counsel now and in the future, and the total fees to be paid to said special counsel
shall be in accord with such policy, will not exceed $ 165.00 per hour, shall be reasonable and shall
take into account the factors listed Rule 1.5 of the Rules of Professional Conduct.
o i -�13`L
Requested by Department of:
By:
Form Approved by City A
BY� lQ�i`� P�• I(•�'A 7/!�/G/
Approved by Mayor for Submission to Council
By: � �- � �- By:
- t �—__
Approved by Mayor: Date V � (
By:
Adopted by Council: Date \\ �OLS �
Adoption Certified by Counc' Sec t ry
DepartmenUofficelcouncil: Date Initiated Green Sheet No . 104177 0 � — 13 �
City Attorney's Office 7f11/01
Cor�ct Peison 8 Phone: Initialleate 1niHauaate
Clayton Robinson, 266-8710 � Depazmient Dir. _ Ciry Council
Must Be on Council Agenda by (Date) Assi9� �City Attomey� 7 J! �/ _ Ciry Clerk
Number Financial SeN D"u. FinanciaL Secv/acctg
7/11/� I p Mayor (Or Asst) _ Civil Service Commission
Routing
Order
Total # ot SignaWre Pages _(Clip All Locations for Signature)
Action Requested:
Approval of appointment of special counsel to conduct criminal prosecution in State v. Thomas R. BerkeUnan.
Recommendations: Approve (A) or Rejed (R) Personal Service ConVacts Must Answer the Following Questions:
1. H this personffirm ever worked under a contract for this department?
Planning Commission es No
CIB Committee 2. s th�o�rm ever been a clty employee?
Civil Service Commission Yes No
3. Does t person/firm posse skill not normally possessed by any current city
employee? Yes o
Expiain all yes answers on se rete sheet and attach to green sheet
Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why):
The City Attorney's O�ce (CAO) has issued a criininal complaint in the case of State v. Thomas Berkelman. The
Ramsey County Sheriff is currently investigating whether CAO personnel previously improperly dismissed the
case. The CAO should not prosecute the case because of the appearance of impropriety.
AdvanWges If Approved:
The case will be prosecuted without an appearance of impropriety.
Disadvantages If Approved:
None.
Disadvantages ff Not Approved:
A different outside counsel would have to be selected and retained.
Total Amount of Transaction: $ CostJRevenue Budgeted: yPis
Funding Source:�City Attomey's Outside Counsel Activity Number: 09073
Financial Information: (Explain)
I.IUSERS�DOIJMANriFORMS\Greensheet wpd
Council File # O l—'1 3`
Green Sheet# �p +�#�'j�
Presented By
Referred To
Conunittee: Date
WHEREAS, Section 5.02 of the Saint Paul City Charter and Section 3.04 of the
Adininistrative Code authorize the City Council, upon request of the City Attorney, to appoint
special counsel and provide compensation therefore in cases of conflict ar of special or
unusual circuxnstances; and
VJHEREAS, the Ramsey County Sheriff is conducting an investigation of the circumstances
surrounding the dismissal ofmisdemeanortheft charges originally filed by the City Attorney's Office
against Thomas R. Berkelman, who is the husband of Minnesota State Supreme Court Chief Justice
Kathleen Blatz; and
WHEREAS, the City Attorney, after a personal review of the facts and evidence, has
determined that misdemeanor theft charges should be reinstituted, and such a charge and
accompanying complaint has therefore been filed against Berkelman; and
WHEREAS, in conducting his personal review of the matter, the City Attorney also sougJ�t
the outside opinion of Donald M. Lewis, a former Assistant U.S. Attorney and recently an advisor
to the University of Minnesota in its case against former basketball coach Clem Haskins, who
concurred that a misdemeanor theft charge was appropriate; and
WHEREAS, Donald M. Lewis has therefore acquired a familiarity with the case now entitled
State v. Thomas R. Berkelman; and
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
WHEREAS, in the normal course of events an attorney from the criminal division of the City
2
0
6
7
9
10
11
12
13
14
15
16
17
18
19
Attorney's Office would be assigned to prosecute the case against Mr. Berkelman; and
WI�REAS, the pending investigation of the activities of the crimival division of the City
Attorney's Office constitutes a special or unusual circumstance which makes it inappropriate for the
City Attomey's Office to conduct this criininal prosecution;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul does
hereby appoint, upon request of the City Attorney for the purpose of avoiding the appearance of
impropriety due to the special circumstances described above, the firm of Halleland Lewis Nilan
Sipkins & Johnson, under the direction of attomey Donald M. Lewis, as special counsel representing
the city in the above-referenced criminal prosecution; and be it
FURTHER RESOLVED, that the compensation to be paid for the services of said special
counsei shall be in accordance with the City Attorney Fee Policy, established for the appointment
of all such special counsel now and in the future, and the total fees to be paid to said special counsel
shall be in accord with such policy, will not exceed $ 165.00 per hour, shall be reasonable and shall
take into account the factors listed Rule 1.5 of the Rules of Professional Conduct.
o i -�13`L
Requested by Department of:
By:
Form Approved by City A
BY� lQ�i`� P�• I(•�'A 7/!�/G/
Approved by Mayor for Submission to Council
By: � �- � �- By:
- t �—__
Approved by Mayor: Date V � (
By:
Adopted by Council: Date \\ �OLS �
Adoption Certified by Counc' Sec t ry
DepartmenUofficelcouncil: Date Initiated Green Sheet No . 104177 0 � — 13 �
City Attorney's Office 7f11/01
Cor�ct Peison 8 Phone: Initialleate 1niHauaate
Clayton Robinson, 266-8710 � Depazmient Dir. _ Ciry Council
Must Be on Council Agenda by (Date) Assi9� �City Attomey� 7 J! �/ _ Ciry Clerk
Number Financial SeN D"u. FinanciaL Secv/acctg
7/11/� I p Mayor (Or Asst) _ Civil Service Commission
Routing
Order
Total # ot SignaWre Pages _(Clip All Locations for Signature)
Action Requested:
Approval of appointment of special counsel to conduct criminal prosecution in State v. Thomas R. BerkeUnan.
Recommendations: Approve (A) or Rejed (R) Personal Service ConVacts Must Answer the Following Questions:
1. H this personffirm ever worked under a contract for this department?
Planning Commission es No
CIB Committee 2. s th�o�rm ever been a clty employee?
Civil Service Commission Yes No
3. Does t person/firm posse skill not normally possessed by any current city
employee? Yes o
Expiain all yes answers on se rete sheet and attach to green sheet
Initiating Problem, Issue, Opportunity (Who, What, When, Where, Why):
The City Attorney's O�ce (CAO) has issued a criininal complaint in the case of State v. Thomas Berkelman. The
Ramsey County Sheriff is currently investigating whether CAO personnel previously improperly dismissed the
case. The CAO should not prosecute the case because of the appearance of impropriety.
AdvanWges If Approved:
The case will be prosecuted without an appearance of impropriety.
Disadvantages If Approved:
None.
Disadvantages ff Not Approved:
A different outside counsel would have to be selected and retained.
Total Amount of Transaction: $ CostJRevenue Budgeted: yPis
Funding Source:�City Attomey's Outside Counsel Activity Number: 09073
Financial Information: (Explain)
I.IUSERS�DOIJMANriFORMS\Greensheet wpd