Agenda - Council Work Session - 07/18/2006

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Administrative Penalties in Minnesota ACBA, Government Section November 14, 1996 Administrative Penalties in Minnesota by Kent Sulem, LMC Codification Attorney I. Definition: For the purpose of this paper, "Administrative Penalties" shall mean a ,ystem of citations and fines imposed and administered by a city for the vic,lation of local ordinances. An opportunity for a hearing before a de,.ignated city hearing officer shall be given before any such penalty is imposed. II. Purpose: The general purpose of administrative penalties is to offer a more effective and efficient alternative to formal court proceedings (i.e. misdemeanor prosecutions) for certain types of offenses. On an increasing basis, city prosecutors are finding judges unwilling to hear a trial over what are perceived to be minor problems, or if a trial is conducted, only nominal penalties are imposed, often not enough to justify the expense of the prosecution. Further, court proceedings are intimidating to the accused, and in some circumstances, even just the threat C'f jail time may be to severe a penalty for certain types of offenses, even if the prosecutor knows it will never be imposed, thus discouraging enforcement of the ordinance. Ill. Advantages: - Less Costly - Less intimidating - Fosters better relations - Better compliance rates - City maintains control IV. Authority: There is no express authority for administrative penalties. It is generally accepted, however, that the power to adopt ordinances inherently implies the power to enforce them. (For a general discussion on the scope of authority for imposing penalties for ordinance violations, see 5 McQuillin, Municipal Corporations S 17 and 56 Am. Jur. 2d Municipal Corporations S 343-427.) Statutory cities are authorized to impose up to a misdemeanor violation for ordinance offenses (Minn. Stat. S 412.231). A general legal principal is lofl