91-2230�RiG�NA L .�� �;
� �O�`�I Council File # q1_� o�a�3Q >
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�'--'� Green Sheet # �/ �3 9�
RESOLUTION
CITY OF SAINT AUL, MINNESOTA
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Presented By � ��w�.--,/
Referred To �_--�� c� /r Committee: Date
Council File No.
WHEREAS, A criminal investigation has been brought against a Saint Paul Police
Officer for potential criminal charges; and
WHEREAS, said complaint arose in the City of Saint Paul and is therefore in the
prosecutorial jurisdiction of the City Attorney; and
WHEREAS, The City Council has by virtue of the City Cha.rter Section 5.02 the
authority to retain a special prosecutor at the request of the City Attorney and further
has the authority to fix or set the compensation to be paid, now; therefore be it
RESOLVED, That David Ayers is hereby appointed to be the special prosecutor
for said complaint against the Officer and; be it
FURTHER RESOLVED, That the fee for such services be $85.00 per hour.
Yeas Nays Absent Requested by Department of:
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� Form Approved by City Attorney
Adopted by Council: Date � � � � (�° , �l
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Adoption Ce tifie�ci by Council„Sec�fetary By: �� �, �''�,�/�
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y• Approved by Mayor for Submission to
Approved by Mayor. Date Z, �'��"'
G� Council
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED � �
City Attorney' s Office GREEN SHEET N. _ 13790
INITIAUDATE NITIAL/DATE
CONTACT PERSON 8 PHONE �DEPARTMENT DIRECTOR CITY COUNCIL �
Reyne Ro f uth 2 9 8�4 2 7 1 A$$�GN ,�'CITY ATTORNEY J� � CITY CLERK �
NUMBER FOR
MUST BE ON COUNCIL AGENDA BY(DATE) ROUTING UDOET DIRECTOR �IN.8 MGT.SERVICES DIR.
ORDER MAYOR(OR ASSISTAN'n
TOTAL#OF SIGNATURE PAGES (CLIP ALL L ATIONS FOR SIGNATURE)
ACTION REQUESTED:
Retaining special prosecutor for conflict of interest case involving
potential criminal charges against a Saint Paul police officer.
RECOMMENDATION3:Approve(A)or ReJect(R) PERSONAL SERVICE CONTRACTS MUST AN8WER THE FOLLOWING QUESTIONS:
_ PLANNIN(i COMMISSION _ CIVIL SERVICE COMMISSION �• Hes this person/firm ever wOrked under a contraCt fOr this department?
_CI8 COMMITfEE _ YES NO
_STAFF _ 2• Has this person/firm ever been a city employee?
YES NO
_DISTRiCr COURT — 3. Does this personffirm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OB,IECTIVE? YES NO
Explaln all yes answers on saparots sheet end attach to green sheet
INITIATINQ PROBLEM,ISSUE,OPPORTUNITY(WFro,Whet,When,Where,Why):
St. Paul City Attorney' s office represents St. Paul police officers civilly
and the criminal division prosecutes with St P 1 police officers as
witnesses. When one of those same officers'�� g�C in criminal activity,
it becomes a professional conflict of inter�st to review and prosecute
one of those same officers.
ADVANTAOES IF APPROVED:
Avoid conflict of interest
Prosecution of criminal incident in St. Paul
Upholding interest of justice
DISADVANTAOES IF APPROVED:
(' � -
None foreseen �
013AOVANTAOES IF NOT APPROVED:
Inability to prosecute criminal activity in St. Paul due to conflict of
interest. C��r,- 3 �., _, �
-,�,, ..�.,,.�,�
kECEIVED
DEC 0 3 �gg� NOU 2 6 1991
�
TOTAL AMOUNT OF TRANSACTION S 8 S.O O pe r hour COST/REVENUE BUDGETEp(CIRCLE ONE) YES NO
FUNDING SOURCEG211@Y'dl Government ACCOUT1tS ACTIVITY NUMBER
FINANCIAL INFORMATION:(EXPLAIN) ��
NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225).
ROUTING ORDER:
Below are correct routings for the five most frequent rypes of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants)
1. Outside Agency 1. Department Director
2. Department Director 2. City Attorney
3. City Attomey 3. Budget Director
4. Mayor(for contracts over$15,000) 4. Mayor/Assistant
5. Human Rights(for contracts over$50,000) 5. City Council
6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services
7. Finance Accounting
ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all others, and Ordinances)
1. Activiry Manager 1. Department Director
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Finance and Management Services
ADMINISTRATIVE ORDERS(all others)
1. Department Director
2. City Attorney
3. Finance and Management Services Director
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are required and paperclip or flag
each ot these pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cal order or order of importance,whichever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your projecUrequest supports by listing
the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules.
INITIATING PROBLEM, ISSUE,OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/
charter or whether there are specific ways in which the City of Saint Paul
and its citizens wiil benefit from this projecUaction.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might
this projecUrequest produce if it is passed(e.g.,traffic delays, noise,
tax increases or assessments)?To Whom?When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not
approved? Inability to deliver service?Continued high traffic, noise,
accident rate?Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions:How much is it
going to cost?Who is going to pay?