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Minutes - Council Work Session - 05/07/2013
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Minutes - Council Work Session - 05/07/2013
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Meetings
Meeting Document Type
Minutes
Meeting Type
Council Work Session
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05/07/2013
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Do vou bill hourly for civil work or are you open to retainer to assure staving within budget? <br />Ms. Weikel stated she proposed a retainer. <br />With regard to prosecution services, how would vou propose to manage officer time in court to <br />ensure the best use of City funds for overtime? If you proposed a retainer for prosecution, does <br />that include forfeitures and code enforcement work? <br />Mr. Martie proposed a retainer for criminal prosecuting and receiving one -third of recovery on <br />civil forfeiture. He explained that code enforcement work would be in line with the prosecution <br />contract and part of that flat fee. <br />Describe the most challenging municipal issues you have faced during your legal career? What <br />were the circumstances and what was the outcome? <br />Mr. Martie stated the most challenging municipal issue will be with DWI prosecution <br />enforcement based on the current litigation. He described the recent case Missouri versus <br />McNeely that will impact current implied consent and warrant requirements for DWI <br />prosecution. <br />Please describe your philosophy with prosecutions. <br />Mr. Martie stated prosecutors have prosecutory discretion and in using that, the key element is <br />interest of justice in resolving cases. The prosecutor has to make sure to balance keeping <br />Ramsey's streets safe and that the people entering the criminal justice system are friends and <br />families of Ramsey. He stated the prosecutor needs to assure a fair and just result while making <br />sure those who break the law are still held accountable. <br />Any other questions and/or concerns? <br />Ms. Weikel stated her background is not in prosecution so Mr. Martie will be handling all of the <br />prosecution and she handles the firm's other legal matters. She stated they are located across the <br />street, a local firm, they already know the City Council and staff, are vested in the City, and want <br />to grow business in Ramsey and see good things happen. Ms. Weikel stated their firm providing <br />prosecuting services is the best thing for Ramsey. <br />Mr. Martie stated when looking to select the City prosecutor, he would suggest looking at <br />professionalism, commitment to the public, and people skills. He stated they are three important <br />elements in deciding what firm to use for prosecution. Mr. Martie stated professionalism in <br />dealing with judges, defense attorneys, and the public, and being committed to public service are <br />important. He noted that in looking at their office and his experience, he has been committed to <br />public service for eight years. People skills include accessibility and their firm has the ability to <br />be accessible to law enforcement, the Police Chief, and residents of Ramsey. <br />Police Chief Way asked if their firm has association with another law firm to cover during <br />vacations. <br />City Council Work Session / May 7, 2013 <br />Page 18 of 23 <br />
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