Minutes - Council Work Session - 05/07/2013

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Mr. Martie stated there is another attorney in their firm who is experienced in criminal law and can take on cases if he is absent or on vacation. Ms. Weikel stated the other attorney has worked as a prison guard in Stillwater, prosecuted cases through school, and would be a backup to Mr. Martie. COUNCIL DISCUSSION OF PROPOSALS Mayor Strommen stated prior to interviews, the Council indicated it would not make a final decision tonight but would consider top firms that staff could vet. City Administrator Ulrich stated one questions is the economy of scale to split civil and criminal activities. Police Chief Way stated for 28 years the City has always had civil and prosecution within the same firm because so many cases interact. He stated he is satisfied with what the City has now including the prosecution area. Police Chief Way stated his preference is one legal firm to handle both since many cases overlap between civil and prosecution. City Attorney Ulrich stated Champlin had a split contract and it was generally seamless but sometimes both attorneys need to attend the same meeting, which is not a cost issue if both are on a retainer. Police Chief Way stated having separate contracts would take some getting used to and also in working with someone new, which will require a learning curve. He stated he likes the attorney having office hours and he would be concerned if they are coming from a distance. Councilmember LeTourneau asked if just one attorney has office hours and then communicates back to their office. Police Chief Way stated with the Kiefer case it was complex so both sides needed to know what was going on. Otherwise staff meets with one attorney and they bring that information back to the office. Currently the City is paying only one law firm for that work. He stated he is concerned with a contract based on an hourly rate instead of a retainer, which makes staff reluctant to make a call. Councilmember Tossey stated he knows staff likes the current prosecutor and Mr. VanThomme has a good grasp of prosecution as well as e- processing, which is critical for efficiency. He stated he likes the Ratwik, Roszak & Maloney firm for civil because they offered concise answers and also asked questions. Councilmember Tossey stated he preferred to keep Randall, Goodrich & Haag for prosecution and move civil to another firm as he has been disappointed with unanswered questions or not getting right advice on civil issues. He asked whether Randall, Goodrich & Haag is open to splitting the contract. Police Chief Way stated they would be open to splitting. City Council Work Session / May 7, 2013 Page 19 of 23