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If your firm is not located locally, how do you intend to manage drive time, getting to City Hall <br />on short notice, would officers be required to come to your office or would you come here for <br />compliant processing, etc.? <br />Mr. Baumgartner stated it depends on the officer's preference. He stated he lives in Ramey and <br />can stop by, their office is across the street from the Court House, and they have the ability for e- <br />charging. Mr. Baumgartner stated they will do whatever is more convenient for police officers. <br />With regard to prosecution services, how would you 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. Baumgartner stated forfeitures are under Statute and prosecutors do not charge an extra fee <br />for forfeitures. The fee is mandated by Statute and is 30% of the forfeiture dollar amount. He <br />stated they currently handle forfeitures for Elk River and he tracks the time and bills it as a "no <br />charge" so the Police Department can see the time going into forfeiture activity. Mr. <br />Baumgartner stated there would be no additional cost to the City. With code enforcement, it <br />would depend on what is being asked. He stated they handle code enforcement for Elk River so <br />he knows City codes for Charter and Statutory cities, and there is benefit to prosecution in <br />knowing that information. Mr. Baumgartner stated he drafted Elk River's social host ordinance <br />because of the interplay between the ordinance and criminal aspect of that. That social host <br />ordinance was shared with Mr. Goodrich and is now part of Ramsey's social host ordinance. Mr. <br />Baumgartner stated if there is additional work in drafting ordinances or feedback on criminal <br />components relating to how it should be drafted so it is easier to enforce, he would be willing to <br />help with that because it all ties together and makes sense for the ordinance to be enforceable. <br />Who does the primary prosecution? <br />Mr. Baumgartner stated both he and Derrick Archambault will handle prosecution to assure a <br />fresh perspective and so they do not become too relaxed. He stated Mr. Archambault is smarter <br />with the books and knows the law very well. In addition, Mr. Archambault is following the <br />Missouri vs. McNeely case law that is under review and related contested cases. <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. Baumgartner stated difficult issues included the Anoka County broad banding, commuter <br />rail transit, and construction on the parking ramp. From a criminal aspect, for him it is not <br />necessarily procedural but the types of cases handled such as domestic assault cases with <br />children. Mr. Baumgartner stated from an emotional aspect, it is difficult when the case involves <br />children and one of the parents having to leave. <br />Mr. Archambault agreed the personalities are sometimes difficult and in situations of assault <br />between neighbors, it may be up to the attorneys to step in. <br />City Council Work Session / May 7, 2013 <br />Page 9 of 23 <br />