The URL can be used to link to this page

235173 ORIGINAL TO GITY GLERK 1 ��`-'�'�� CITY OF ST. PAUL FOENCIL NO. _ OFFICE OF THE CITY CLERK COUN IL RESOLUTION—GENERAL FORM PRESENTED BY � COMMISSIONE DATF Wf�tEAS, The Detention and. Corrections Authority of the City of Saint Paul and the County of Ramsey, at its regular meeting on Monday, , September 25, 1967, authorized ita proper officers to execute on its behalf a lease of administrative office space for the office of Mr. Bernard M. Troje and sta.ff in the Commerce Bailding for a one-year period commencing November l, 1967, and ending October 31, 1968, at a rental of appro�.mately �300 per month, sub�ect to concurrence by the City Council and the County Board; n.ow, therefore, -be it RESOLVED, That the Council of the City of Sai.nt Paul hereby concurs in the action of the Detention and Corrections Authority in authorizing the egecution of the afore�aid lease and procuring office space in the Commerce Building for its E�ecutive Director and staff. FORM APPROVED /G��y..2� p.�� . Carporation Counsel .� ��P 2 7 1967 " COUNCILMEN Adopted by the Council 19_ Yeas Nays Carlson ��p 2 7 �� Dalglish Approved 19.._ � Holland � Favor , Meredith r--- � n.,+„-��- � • ��, Mayor �� A gainst ............................�-- ...,,.............� . ,.,.� _�.. .. . -- .__......e:... `i!d�::e.�a:Efe6 Mr. Vice President (Yc:terson) !`�yi. • PIiBLISFI�s $EP 3 0 1967� - �22 ��'�� DUrLICATE TO rRINTER , CITY OF ST. PAUL FOENCIL NO. ' OFFICE OF THE CITY CLERK - COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER pA7E _ ��.�, The Detenti.on and Correotiona Authority of the City oP 3aint Paul and the Courity o� Ramsey, at its regular meeting on Monday, September 25, 1967, authorized. ita proper ofPicere to exeaute on its beha].f a leaee of adm3nistrative office space for the offioe of Mr. Bernard M. Tro�e and etaff in the Co�nerae Buildin.g for a one-year period cammencing November 1, 1g67, and. ending October 31, 1968, at a rental o� approximately �300 per mont�h, aub�ect to concurrence by the City Council and the County Board; nrn►� t�herefore, be it RFSOLVED, That the Counoil of the City of Seint Paul hereby ooncurs i.n. the aQtion of the Detention and Correationa Authority in authorizing the e�,eQUtion of �he aforesaid lea,ee and proouring office space 3n t,he Commerce Huflding for its F�ecutive Director and stafF. �EP 2 7 19fi� COUNCILMEN Adopted by the Council 19— Yeas Nays Carlson �l�P �,7196� Dalglish Approved 19— Holland Tn Favor Meredith p�,� � Mayor � A gainst �G�ie��.S��U[43i�,..�ocii:�::id� Mr. Vice Preaident (Peteraon) �22 .. �z�� Aroa Codo 612 ,�,��T� "f• GERALD A. ALFVEDY �� Y23-5121 k`� ': P/U1L J. KELLY a �e,,,;;��;, '� 7HOMA5 J.STEARNS • Y a '�":'_:�l;,t� .5 JON R. DUCKSTAD , ��, ::- m �c - ARTHUR M. NELSON JEROME J. SEGAL ' RODERT E.O'CONNELL THOMAS M. MOON[Y First Assistant CI�C,�- ��, S.�I�T�, �"ATJ� ��MES W. KENNEY KENNETH J. FITZPATRICK DANIEL A.KLAS GERALD H.SWANSON Spocial Assistant LEGAL DEPARTMENT - 316 City Hall, St. Paul, Minnesofa 55102 JOSEPH P. SUDAMERS Corporation Counsel September 19� 196? Mr. Bernaxd M. Troje Executive Director Detention and Corrections Authority Dear Sir: � This is to ackno�vledge receipt of your letter of September 6, 1967, addressed to Mr. Joseph P. Summers, Corporation Counsel, v�herein you request a legal opinion of this office with respect to the Detention Authority procuring rental space outside of the City Hall and Court House for location of your o�vn office. In your letter you state in paxt: "The City Hall and Court House Committee is considering the acquisition of the office space now being occupied by the undersigned and his staff, comprisin� the administra- tive division of this department. This space is located on the 17th floor of the Court House and consists of some 1250 squaxe feet. They intend to use this space along with other space on the 17th floor to house the new Family Court Division. "In vie�v of the above I have presented the matter of • � relocating my offices in other available office space in � the irrmiediate vicinity of the City Hall and Court House building to the Detention and Corrections Authority. The Authority has authorized the undersigned to enter into a " one-year lease for office space in the Commerce Building, located on the corner of Fourth and Wabasha Streets in this city. They further advised that any contractual arrangements must be approved by both th� City Council and County Board in addition to the Detention and Corrections Authority. "I have been unofficially advised that a present Minnesota statute prevents c.ounty departments under the jurisdiction of the County Board of Commissioners�to pay in excess of =3G � I� . Mr. Bernard M. Troje -2- September 19, 1967 , �1.50 per square foot for office space outside of the City Ha11 and Court House building. VPould you kindly advise if this statute is binding on this department; namely, the administrative oPfices of the Detention and Corrections Authority, vahich is a dual financed operation, 50% by the county and 50� by the city. Space available in the Commerce Building rents for approximately �3.30 per square �'oot per year." You also have advised the undersi�n.ed this date that you have now received official notice from the City Hall and Court House Comrn3.ssion that your office space must be�relinqu.:i.shed forthwith. � The statute to which you allude in the third paragraph of your letter above quoted is presently coded as Minnesota Statutes Annotated, Section 380.25 captioned "Lease of city and caunty offices" under the chapter of A7innesota Statutes pertaining to County Boards of Certain Counties. The authority for the construction and operation of the joint Detention facilities belonging to the Joint Detention Authority o� the City oi' Saint Paul a.nd the County of Ramsey, including your own office, is contained in Chapter j53, Laws of Nlinnesota for �955, as amended by Chap�;er 664, Laws of Minnesota for 1957, and by Chapter �F35, Laws of Minnesota for 1g61, and by Chapter 556, Laws of Nli.nnesota for 1g63. The basic authority for the operation of the Detention Authority as we have previously pointed out in opinions of this office as carried forrvard in the above mentioned la�vs is to be #'ound in Section 2 of the - Lativs of Minnesota for 1961, Chapter �+35, v�hich is an aznendment of ' Section 15 of the basic law of Chapter 353, Laws of Minnesota for 1955• The enactment applying no�v to the Detention Authority provides: "The committee shall have full charge, and , management of the joint facil.ity or facilities and shall have the poc�er to appoint such employees as the corrunittee � shall deem necessary for the proper care, management and operation of the joint facility or facilities, the salary and compensation to be fixed by the committee. The board of county commissioners and the council of such city shall each provide an amount sufficient to pay one-half of the expense of operating the joint facility or facilities." As we have also previously pointed out in prior opinions of this office, the Detention Authority is a separate statutory body created by the Legislature of the State of Minnesota and is not a branch of City • Mr. Bernard M. Troje -3- September 19, 1967 government nor is it a branch of County government. It is a sepaxate , and distinct governmental. unit. Its sole purpose,as expressed in the legislative enactments per�Laining thereto,is to provide for the operation of joint City and County detention facilities which serve for , incaxceration of adult and juvenile offenders from the City area as well as the larger County area. The presently constituted statutory enactanents pertaining to the said Detention Authority under a provision of Chapte� 664, Laws of NLinnesota for 1957, added the following section to the law applicable to the Detention Authority: "The receipt and expend.iture of any monies hereunder, including monies spent for operation or maintenance of any such joint facility or facilities provided for in this act shall not be included within tYie definition of any la.mitation imposed on taxing or spending by the charter of such city or by the laws affecting such county. Any taxes levied by any such city or county for the purpose of operation or maintenance of any facility provided for herein shall be in addition to all taxing powers no�v possessed by such units of government." (Elnphasis supplied). In viecv of the foregoing, I am of the opinion that it is within the prerogative of the Detention Authority to enter into a lease of rental space outside of the City Hall and Court House for the purpose of providing you with office space for your principal administrative office rather than to require you to locate your office space within. one of the present joint detention facility structures. Flzrthermore, I am of the opinion that because of the powers contained in the provision of Chapter 66�+, Lav�s of Minnesota for 1957� above quoted, together with the pov�ers inferred by ,the la�vs creating and establishing the Detention Authority above cited, that the Detention Authority is not limited to the rental rates specified by Minnesota Statutes Annota.ted, Section 380.25, but may authorize a reasonable rental for quarters for your office outside of the City Hall and Court House. It is my understanding that you have written a comparable request for opinion to the County Attorney's Office relative to this matter. It was agreed, hotivever, bet��een Mr. Quayle of that office and the undersig�ed that since the Corporation Counsel is charged with the responsibility of being legal advisor to the Detention and Corrections Authority that our office would respond to this request for opinion and submit the same to Mr. Quayle; and if he is in accord with the � opinion, he �ri.].l transm�.t the same to the County Board and appropriate County offices. L a Mr. Bernard M. Troje -�+-- September 19, 1967 � Consequently, I have prepared additional caxbon copies of this opinion for the individuals or bodies as shovrn below. Yours very truly, . Jos h P. S�mmers Corporation Counsel > � ,-� - t�G� . Rob rt E. 0'Connell First Assistant Corporation Counsel REO/mlp . cc: County Attorney Attention; Mr. Thomas M. Qu.ayle City Comptroller . Attention: Mr. Clemens J. Schleck County Auditor Attention: Irir. James D. Swan, Jr. City Council County Board m � � �� 4� �� •. ��r s�ptea�btr 6, 1967 Mr. Jos�ph P. Su�w�rs� Corpor�tton Counsel Clty of St. Rau) 31b City Hall St. Paul � Mlnn�sota 55102 Ait'n: Mr. Rob�rt E. 0'Connsll � Flr�t A,sist�nt ��r M r. Su��rs: The C i ty Ha 1 I and Cau rt Ibus� GawN t t t�• 1 s cons i de r i ng th� �c�u t f 1 t t on ot th• offic� space now bsing occupi�d by the und�rsign�d and his staff� comprising tha adminlstrativ� divlsion of this d�part�nt. This spece Is lout�d on th� 17th floor of the Court Hous� And consists of so� 1250 squ�n t�st. Th�y I�t�nA to us• thls spac� alon9 wtth oth�r sp�u o� th� l7tfi floor to house th• n� Fa�tly Cou�t Divlslon. In vi�w of th� above I h�v� pr�s�nt�d the matter of r�locattny rny offices ln oth�r •vailabl• offic� sp�c� fn th• i�an�diete vfc(nity ot tl►� City Flal ) and Court Nouss bullding to th� Dst�ntlon and Correctfans Authorlty. The - Authority h�s •uthoriz�d th� und�rsign�d to cnt�� into • on�-y�ar laes� for off ice sp�c� in th� Caw��rc� Fsu i lding� locat�d on th� co.�n�r of Fourth •nd Mabasha Str��ts In this city. They furthcr advis�d th�t any cor�tractwl •��n��nts �aust bs approv�d by both th� City Council �nd Lounty 6oard tn addition to ths D�t�ntlon and Corr�ctions Authorlty. � I hav� bNn unofftcially �dvis�d that a pr�s�nt Minn�sota •tatut• pr�v�nts oountY d�parta�nts und�r th� Jurisdlction of the County doerd of C«imisslon�n to pay in exuss of 51 .50 p�r sqwr� foot for offit� spac� outsid� of th� City Hall and Court Hous� buildiny. Would you kindly advta� if thls statut� is bindiny on this d�part�nt; ��ly� th� ada�inistrativ offices of th� D�t�ntlo� end Corr�cttons Authorlty� which (s � dual ffn�nc�d op�rati�on� SOX by tht county •nd SO,G b� th� clty. Sp�ce av�{ l�bl• In th• Caam�rc� duildiny r�nts for app roxlw�t�ly 53.30 p�r saw r� foot p�r y�ar. ' Slnu th• City Hall and Court Hous• Ca�nittec is anxious to ocwpy .thls spac� on th� 17 th f 1 oor •rtd th• ren t i ny of spac� i n th• Ca�w�rce Bu i 1 d i ng r+�c��s( tates construction of offic�s and other r�wodeiln9, You� •nswer or , optnlo� to th• •bow qwstlo� Is quit� i�win�nt. - Y�ry slnur�ly� ° BERNARO M. TftOJE Ex�cut Iw 01 r�ctor �M