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<br /> <br /> <br /> <br /> <br />City of Elk River Item Number <br /> <br />REQUEST FOR COUNCIL ACTION <br /> <br /> <br />5.5. <br />Agenda SectionMeeting DatePrepared by <br /> <br /> <br />WorksessionFebruary 13, 2006Lori Johnson, City Administrator <br />Item DescriptionReviewed by <br /> <br /> <br />Discuss City Organizational Structure Relating to Prosecuting <br />Attorney <br /> <br />Introduction <br />This item was added to the January worksession by Councilmember Farber and is being brought back for <br />discussion as requested by the Council when both Prosecuting Attorney Chris Johnson and Police Chief <br />Jeff Beahen could be in attendance. <br /> <br />Discussion <br /> <br />There are three issues that staff researched regarding prosecuting services: First, how do other cities <br />handle prosecuting services? Second, to whom does the prosecuting attorney report? Third, is there a <br />conflict if the attorney reports to the police chief? <br /> <br />The answer to the first issue is that Elk River is unique; only a few, mainly larger, cities have in-house <br />prosecuting attorneys. Of those cities, most, if not all, have a legal department with staff attorneys <br />providing civil and prosecuting services. In this case, the prosecuting attorney reports to the city <br />attorney. Most cities contract with a legal firm for their prosecuting services. <br /> <br />In the cities with contracted prosecuting services, most report to the police chief. Most in-house <br />prosecuting attorneys report to the city attorney if there is one on staff or to the city administrator. <br /> <br />Finally, is there a conflict if the attorney reports to the police chief? Clearly, the prosecuting attorney <br />needs to be allowed to exercise independent judgment to decide whether or not to prosecute a case. To <br />eliminate any potential conflict, it is more appropriate that the prosecuting attorney report to the city <br />administrator. <br /> <br />Staff will be prepared to discuss this issue and to answer the Council’s questions at the worksession on <br />Monday. Both short and long-range plans for this department should be identified and considered before <br />any decisions or changes are made. <br /> <br />Financial Impact <br /> <br />None. <br /> <br />Attachments <br /> <br />None. <br /> <br />Action Requested <br /> <br />This is a discussion item; no action is required. <br /> <br /> <br />