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increase fines paid. He described how fines are divided between the court and municipality and <br />how jury trials can be resolved to save the City money. <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 vou proposed a retainer for prosecution, does <br />that include forfeitures and code enforcement work? <br />Mark Berglund stated it is his understanding that vehicle forfeitures would be included and trial <br />would be at an hourly rate minus $5/hour under the current contract. He stated he found they <br />have been able to resolve matters amicably. <br />John Berglund stated the retainer would cover all prosecutions except appeals. <br />Do you feel it is appropriate for City staff to draft legal documents such as ordinances, purchase <br />agreements, development agreements? If not, why? If so, what is your role to ensure the City's <br />interests are protected? <br />John Berglund stated he does not have a concern with City staff preparing ordinances, <br />resolutions, or purchase agreements, noting 99% of purchase agreements are prepared by realtors <br />with legal review prior to signature. He stated he would suggest it is wise to have a lawyer <br />review and tweak the document, if needed, before it is signed. <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 />John Berglund stated while serving Ham Lake they codified the ordinances, which was a <br />difficult task but completed successfully. He stated he also had a complicated commercial <br />development in Dayton that involved wetland studies, a PUD, railroad spurs, and many meetings <br />with the City. He stated in that case, he represented the developer and it took two to three years <br />to successfully complete that project. <br />Mark Berglund stated his most challenging case was the one he prosecuted for Ramsey because <br />he did not become aware of it until the evening before the court date. <br />Please describe your philosophy with prosecutions. <br />Mark Berglund stated their philosophy is to see that justice is served, both punishment/fining and <br />also recognizing people make mistakes and maybe the full force of the law is not the way to <br />resolve the case. He stated he has done a limited amount of prosecution and defense work and <br />the cases resolved the most efficiently for both prosecution and defense are when the prosecutor <br />is willing to listen to what the defense attorney has to say in resolving the case. He stated you <br />draft a complaint with the appropriate charge and then take a step back and evaluate based on <br />what is learned from the defense counsel. The goal is to gain revenue for the City while assuring <br />justice is served. <br />City Council Work Session / May 7, 2013 <br />Page 7 of 23 <br />