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Mr. Baumgartner stated sometimes the attorney is the mediator and prosecution does not always <br />mean conviction but sometimes means mediation because sometimes good people make <br />mistakes and it is important to make that distinction. <br />Please describe your philosophy with prosecutions. <br />Mr. Baumgartner stated they understand that simply because someone breaks the law does not <br />mean they are a bad person. Sometimes good people make mistakes. Mr. Baumgartner stated <br />they treat all with respect, they are firm yet understanding, compassionate while still doing their <br />job. Their philosophy is they know the Police Chief and his staff work hard to do their jobs and <br />the last thing they want to do is let them down when the file gets to their desk. Mr. Baumgartner <br />stated they look for input from the Police Department who may have a better understanding <br />between neighbors or the situation. They ask for direction and input because sometimes law <br />enforcement wants a case handled a certain way and they work for the City and law enforcement <br />agency. Mr. Baumgartner stated they will offer their opinion and would like feedback as well. <br />He stated they understand prosecution is a matter of numbers and certain crimes /cases where you <br />need to balance out the cost to get conviction and being mindful of the City's dollar. He <br />explained that sometimes with first offenders, you look at the situation and ask if that person is a <br />criminal, and talk with the Police Department to ask what they think. With a DWI at .09, they <br />may consider a plea to careless in exchange for a waiver so if they have a subsequent DWI, they <br />can revert back to the waiver. Mr. Baumgartner stated they try to balance if it is worth the time <br />and cost for officers to testify at jury trial. <br />Any other questions and/or concerns? <br />Mr. Baumgartner stated all they do is municipal and criminal prosecutions and they do a good <br />job. He is proud of their staff and that they work well together, creating an environment where <br />he enjoys going into the office. Mr. Baumgartner stated they have a fully functioning law firm <br />that is ready to take on additional prosecution tomorrow. They already have all authorizations, <br />access to data bases, and an extensive forms library accumulated over six years on potential <br />motions that may come up so there is no need to "recreate the wheel." Mr. Baumgartner stated <br />they have established important relationships in Anoka County with other prosecutors, the <br />Anoka County Prosecutors Association, have a good relationship with the County Attorney's <br />office and the Alexandra House to deal with victims and get things resolved. Mr. Baumgartner <br />stated he knows every judge on the bench and their personalities so he understands how to <br />approach cases. He has been in Anoka County for 17 years during his career and likes it here. <br />Mr. Baumgartner noted those established relationships are of benefit. He stated their firm <br />represents Oak Grove and Andover and as mentioned, Mr. Archambault is working on the <br />Missouri vs. McNeely case that will be another source code, follows the defense attorneys to <br />learn of their perception with this case, and knows the law. <br />Mr. Baumgartner apologized again that he has to withdraw his civil proposal. He distributed the <br />annual report he prepared for Elk River that shows the accountability of his firm. He noted <br />presentation of this report allows the Councilmembers to stay in touch with them and understand <br />what his firm has done for the City. <br />City Council Work Session / May 7, 2013 <br />Page 10 of 23 <br />