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<br />scheduled and the amount of work that can be handled by a paralegal that is billed at substantially <br />lower rates. In reviewing future needs and the related costs, the Committee also took into <br />consideration the fact that the in-house budget would continue to increase as staff was added to cover <br />the increased work load and to provide coverage. The Committee discussed whether there were other <br />advantages of maintaining an in-house department that outweighed the additional costs of having an <br />in-house department. The Committee did not feel there were enough benefits from having an in- <br />house staff to outweigh the additional costs. Although it is convenient to have the attorney at City <br />Hall, the department tends to operates independendy and time has not been available as originally <br />thought to provide assistance on civil cases. Communication with the arresting officers, investigators, <br />other police staff and administration is an important consideration in this decision. The Committee <br />feels that no matter what decision is made, efforts to increase communication need to take place. <br />Further, although City Prosecutor Chris Johnson occasionally provides assistance on minor civil <br />matters, he has indicated he does not have time to assist with civil matters because of his prosecuting <br />schedule. Adding another attorney is an option, but, again, it would have a significant impact on the <br />budget. Based on this information, the Committee agreed that contracting was the most fiscally <br />responsible way to handle the City's prosecuting needs. <br /> <br />If the Council agrees to contract for prosecuting services, the next step is to determine which of the <br />two firms would serve the City best. At the November 20 Council meeting, the Council authorized <br />the Committee to interview the two firms who had submitted RFP's for prosecuting service. The-~'" <br />committee interviewed Mr. William Hawkins and Mr. Scott Baumgartner representing William G. <br />Hawkins and Associates and Mr. Tom Fitzpatrick and Mr. Chris Johnson representing Randall, <br />Goodrich, and Fitzpatrick, PLC. The Committee asked a series of questions including experience level <br />of the firm, how they would handle increased work load, their communication style and how they plan <br />to communicate with the Police Department, cost of service, their knowledge of the Sherburne <br />County court system, and their relationships with Sherburne County court personnel and judges. <br />Attached are the rates for each firm as presented in the RFPs. Although the Committee has discussed <br />making a recommendation for Monday's meeting, we have decided to gather more information before <br />presenting the final recommendation. The Committee is currendy conducting more research and <br />doing reference checks on the two firms. If all of the information is received before Monday's <br />meeting, the Committee will present its final recommendation at that time. The Committee is very <br />aware and is concerned that this affects the employment of Chris Johnson; therefore the Committee <br />wants to make sure all of the information we have is correct and complete. As I stated earlier, he is <br />partnering with Tom Fitzpatrick on the proposal from Randall, Goodrich, and Fitzpatrick. If that <br />firm is selected, he would continue to be lead prosecutor for Elk River as an employee of that firm. <br /> <br />In conclusion, because the Committee now knows that comparable prosecuting services are available <br />through an outside law firm and because contracting this service results in considerable cost savings, <br />the Committee is recommending that the in-house prosecuting attorney department be eliminated and <br />the City begin contracting for this service. A three month transition period is proposed to <br />accommodate this change. If the Council agrees with that recommendation, Legal Secretary Jennifer <br />Johnson would be transferred to another open secretarial position in the city. <br /> <br />FinanciallmDact <br />The Committee estimates that the savings will range from $50,000 to $100,000. <br /> <br />Attachments <br />Letter from Chris Johnson <br /> <br />s: \ Council\Lori\2006\Attomey Recommendation Revised.doc <br />