HomeMy WebLinkAboutCity Council Packet 01-20-2015 SpecialCITY OF PLYMOUTH
AGENDA
SPECIAL COUNCILMEETING
JANUARY 20, 2015, 5:30 p.m.
MEDICINE LAKE CONFERENCE ROOM
1. CALL TO ORDER
2. TOPICS
A. Update on prosecution services
B. Set Future Study Sessions
3. ADJOURN
Special Council Meeting 1 of 1 January 20, 2015
DOCUMENT INDEX
MCNEELY DECISION
o This Memorandum analyzes the U.S. Supreme Court's McNeely
decision, the most significant case relating to DWI law in decades.
The McNeely case directly affected the ability to obtain a chemical
test during DWI arrests without a warrant and altered the manner in
which DWI investigations are conducted. This Memorandum was
released on the day McNeely was issued.
CELL PHONE SEARCHES -WARRANT REQUIRED
o The U.S. Supreme Court ruled that the "search incident to arrest"
exception to the warrant requirement does not apply to cell phone
searches.
UPDATE ON IMPOUNDING AND INVENTORYING VEHICLES
o This Memorandum outlines the circumstances under which a police
officer may impound and perform an inventory search of a vehicle in
light of new caselaw from the Minnesota Supreme Court.
ENHANCEMENT CHART FOR ASSAULT -RELATED OFFENSES
o Certain domestic violence related offenses may be enhanced if the
offender has a prior conviction. These laws are complex. This chart is
designed to provide law enforcement an easy method to determine
whether a particular offense should be charged as a misdemeanor,
gross misdemeanor or felony.
2014 MINNESOTA CRIMINAL LAW LEGISLATIVE UPDATE
o This is a comprehensive legislative update that describes the
amendments to relevant criminal statutes that occurred during the
Minnesota 2014 Regular Session. It provides a summary and effective
date for all changes.
Page 1
EMAIL CORRESPONDENCE
CAMPBELL KNUTSON
FROM: ELLIOTT KNETSCH, CITY ATTORNEY
DATE: APRIL 17, 2013
RE: MCNEELY DECISION
The U.S. Supreme Court issued its decision in McNeely today. The issue as stated by the Court
was:
The question presented here is whether the natural metabolization of alcohol in the bloodstream
presents a per se exigency that justifies an exception to the Fourth Amendment's warrant require-
ment for nonconsensual blood testing in all drunk -driving cases. We conclude that it does not,
and we hold, consistent with general Fourth Amendment principles, that exigency in this context
must be determined case by case based on the totality of the circumstances."
This holding is the exact opposite of the holding of the Minnesota Supreme Court in State v.
Shriner, 751 N. W. 2d 538 (Minn. 2008) which held that the natural dissipation of blood-alcohol
evidence alone constitutes a per se exigency which negates the requirement to obtain a warrant.
Officers must begin to follow McNeely immediately. Based upon McNeely, I believe an officer
must obtain a warrant before taking a nonconsensual blood draw. Based on Minnesota law and
McNeely, I believe an officer may only try to get a warrant for a nonconsensual blood draw
when the officer has probable cause to believe the person is impaired, and that the person was
involved in an accident that constitutes the crime of criminal vehicular operation (CVO). CVO is
causing the injury or death of a person as the result of operating a vehicle in a grossly negligent
manner, or in a negligent manner while under the influence of alcohol, or a controlled or
hazardous substance.
A warrant would not be needed in the limited circumstances where the exigencies of the situation
make the needs of law enforcement so compelling that a warrantless search is objectively
reasonable. The Schmerber case was not overruled. In Schmerber a nonconsensual warrantless
blood draw was found reasonable under the facts of that case which included that alcohol levels
decline after drinking stops and that testing was delayed while officers transported the injured
suspect to the hospital and investigated the accident scene
I do not believe McNeely changes the procedure for routine DWI cases. An officer does not
need a warrant to obtain a consensual breath, blood or urine test. If a person refuses a breath test
no other test need be offered. If a person refuses a blood test, the person must also be offered a
urine test. Only if both fluid tests are refused may a person be charged with test refusal. My
office continues to recommend that it is better to get a test whenever possible because that is the
best evidence to obtain a conviction. So if a person refuses one test, offer the other tests to see if
they will consent.
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This decision will surely spur defense attorneys to argue that a warrant is needed before any test
can be given, and that even if a person consents to a test, it is "coerced consent" because if they
refuse they are charged with a crime. Another question is whether McNeely will be applied
retroactively to pending cases. We will argue under it should not be applied to pending cases, or
cases where the defendant has been convicted. (Teague v. Lane, 489 U.S. 288 (1989)).
I will send out a more detailed analysis of McNeely shortly, along with final recommendations
on what changes in procedures it may require. I believe it is important to get this initial
information circulated to patrol as soon as possible.
Please contact me if you have any questions.
Elliott
Link to McNeely decsion
http://www.sppremecourt.gov/opinions/12pdf/11-1425 cb8e.pdf
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MEMORANDUM =_=
CAMPBELL ItNUTSON
FROM: ELLIOTT KNETSCH, CITY ATTORNEY
DATE: AUGUST 8, 2014
RE: "SEARCH INCIDENT TO ARREST" IS NOT A VALID EXCEPTION TO THE WARRANT
REQUIREMENT FOR CELL PHONE SEARCHES
This Memorandum is an update on the recent caselaw regarding searches of cell phones.
On June 25, 2014, the United States Supreme Court ruled that a warrant is generally
required to search a suspect's cell phone unless a valid exception to the warrant
requirement exists. Riley v. California, Nos. 13-132 and 13-212 (U.S. June 25, 2014).
Importantly, the Supreme Court held that a search incident to arrest does not permit an
officer to search the contents of a person's cell phone. A "search incident to arrest"
occurs when the police conduct a warrantless search of an arrestee's person and the area
within the person's immediate control. Chimel v. California, 395 U.S. 752, 762-63
1969); United States v. Robinson, 414 U.S. 218, 236 (1973)). A search incident to arrest
generally has two justifications:
1) Officer Safety
2) Evidence Destruction
The Supreme Court held that neither of these justifications apply to a search of the
contents of a person's phone.
First, with respect to officer safety, the Supreme Court stated: "Digital data stored on a
cell phone cannot itself be used as a weapon to harm an arresting officer or to effectuate
the arrestee's escape." Riley, Nos. 13-132 and 13-212. The Supreme Court did
acknowledge that in unique circumstances, a cell phone may present a risk to officer
safety. For example, the "arrestee's confederates are headed to the scene" and a search of
the cell phone is necessary for officer safety. In this situation, the exigent (emergency)
circumstances warrant exception would allow an officer to search the contents of the
phone immediately.
Second, the Supreme Court held that the possibility of evidence destruction, including the
remote wiping of data on a cell phone, generally does not justify a search of the contents
of a phone. The Supreme Court held that law enforcement should instead take action to
disable a phone's locking mechanism or use other technologies to prevent remote wiping
while obtaining a warrant. If there is a unique "now or never" situation and circumstances
suggest that a defendant's phone "will be the target of an imminent remote wipe attempt,"
it may be possible to rely upon the exigent circumstances warrant exception to search the
contents of the phone immediately. This exception should be used cautiously.
Page 4
MEMORANDUM
CAMPBELL KNUTSON
FROM: ELLIOTT KNETSCH, CITY ATTORNEY
DATE: SEPTEMBER 8, 2014
RE: UPDATE ON IMPOUNDING AND INVENTORYING VEHICLES
This Memorandum is an update on the recent caselaw regarding the impoundment and
inventorying of vehicles. State v. Rohde, No. A13-0610 (Minn. Aug. 20, 2014). Under
certain circumstances, a police officer may impound a motor vehicle and inventory its
contents. The inventorying of a vehicle is considered a search for Fourth Amendment
purposes. The impoundment is reasonable if the State's interest in impounding the
vehicle "outweigh[s] the individual's Fourth Amendment right to be free of unreasonable
searches and seizures." Rohde, No. Al3-0610 at 6 (citing State v. Gauster, 752 N.W.2d
496, 502 (Minn. 2008).
An impoundment of a vehicle may be justified under the following circumstances:
A) When a Vehicle is Impeding Traffic or Threatening Public Safety, the Vehicle
May Be Impounded.
1. A police officer may impound a motor vehicle to ensure the uninterrupted flow of
traffic, especially if a traffic accident has occurred. 1 If the vehicle is a traffic hazard
or its location may cause an accident, a police officer may seize it immediately.2
2. An officer may also impound a motor vehicle if the vehicle is unlawfully parked. If
the vehicle is simply on the shoulder of a highway (but not creating a traffic hazard),
the vehicle may be impounded after it is tagged and has remained at that location for
four hours.3 The vehicle must be illegally parked at the moment of the impoundment.4
B) If a Person is Arrested After a Traffic Stop, the Vehicle May Be Impounded.
1. The police have an obligation to protect the defendant's vehicle from theft and to
protect the police department from claims that the police failed to safeguard the
vehicle from theft.5
2. Defendant May Make Arrangements: A police officer has no obligation to inform a
defendant that s/he may make arrangements to have the vehicle removed. However, if
a defendant asks to make arrangements for the vehicle, the police officer must give
the defendant a reasonable amount of time to do so. The vehicle cannot be impounded
if the defendant has a lawful driver or towing company remove the vehicle.6 If the
vehicle is not insured, the defendant may still have it removed by a towing company.
1 South Dakota v. Opperman, 428 U.S. 364, 368-69 (1976).
2 Minn. Stat. §168B.04, subd. 2(b)(1)(ii).
3 id
4 State v. Gauster, 752 N.W.2d 496,502 (Minn. 2008) (citing Minn. Stat. §168B.04, subd. 2(b)(1)(i)).
5
City of St. Paul v. Myles, 298 Minn. 298, 304 (1974).
6 State v. Goodrich, 256 N.W.2d 506, 510 (Minn. 1977).
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Q If a Person is Not Arrested After a Traffic Stop, the Vehicle May Not be
Impounded.
1. A police officer has no obligation to protect the vehicle from theft or to protect the
police department from claims that the police failed to safeguard the vehicle if the
driver was not arrested and taken into custody. Under these circumstances, the driver
never relinquished control of the vehicle. This is true even if the vehicle is not insured
and the driver of the vehicle does not have a valid license.7 If a person is not arrested
after a traffic stop, the vehicle should not be impounded .8
2. No Proof of Insurance: If the driver cannot provide proof of insurance, the vehicle
may not be impounded if it is legally parked. The defendant cannot have any other
person drive the car away. The driver should be told not to drive the vehicle until it is
insured.
3. Driving After Withdrawal: If there is a traffic stop for Driving After Withdrawal
Driving After Revocation/Suspension/Cancellation), then the vehicle may not be
impounded if it is legally parked. The driver should be told not to drive the vehicle
until it is insured.
State v. Rohde, No. A13-0610 (Minn. Aug. 20, 2014).
8 id.
2
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CAMPBELL KNNUTSON
ENHANCEMENT CHART FOR ASSAULT -RELATED OFFENSES - -
A prior conviction for a violation of or an attempt to violate one of the following Qualified Domestic Violence
Related Offenses will enhance the new charge as noted in the chart below. According to Minn Stat. § 609.02, subd.
16, a QUALIFIED DOMESTIC VIOLENCE RELATED OFFENSE is:
Assault 1St to 5th Degree (609.221 to 609.224)
Crim Sex 1St to 4th Degree (609.342 to 609.345)
Domestic Assault (609.2242)
Domestic Assault by Strangulation (609.2247)
Female Genital Mutilation (609.2245)
Stalking (609.749)
Interference with an Emergency Call
609.78, subd. 2)
Malicious Punishment of a Child (609.377)
Murder 1St to 2nd Degree (609.18 and 609.19)
Terroristic Threats (609.713)
Violation of Domestic Abuse No Contact Order (629.75)
Violation of an Order for Protection (51813.01, subd. 14)
Violation of a Restraining Order (609.748, subd. 6)
NEW CHARGE
Enhanceable to a Gross Misdemeanor if
Enhanceable to a Felony if there are priorthereisapriorconvictionor
conviction(s) or adjudications of delinquencyadjudicationofdelinquency
Prior conviction or adjudication of Two prior convictions or adjudications of delinquency
Assault 5th Degree delinquency against the same victim within against the same victim within 10 years of the new
609.224 10 years of the date of new offense (2nd in offense (3rd in 10)
Same Victim
10)
609.224, subd. 2(a) 609.224, subd. 4(a)
Prior conviction or adjudication of Two prior convictions or adjudications of delinquency
Assault 5th Degree delinquency against anyone within 3 years against anyone within 3 years from the date of the new
609.224 of the date of the new offense (2nd in 3) offense (3rd in 3)
Different Victim
609.224, subd. 2(b) 609.224, subd. 4(b)
Prior conviction or adjudication of Two prior convictions or adjudications of delinquency
Domestic Assault delinquency against anyone within 10 years against anyone within 10 years of the date of the new
609.2242
of the date of the new offense (2nd in 10) offense (3rd in 10)
609.2242, subd. 2 609.2242, subd. 4
Prior conviction or adjudication of delinquency against
Stalking This crime is always at least a gross anyone within 10 years of the date of the new offense
609.749 misdemeanor.
2nd in 10)
609.749, subd. 4
Prior conviction or adjudication of Two prior convictions or adjudications of delinquency
Violation of a Domestic delinquency against anyone within 10 years against anyone within 10 years of the date of the new
Abuse No Contact Order of the date of the new offense (2nd in 10) offense (3rd in 10)
629.75, subd. 2
629.75, subd. 2(c) 629.75, subd. 2(d)
Prior conviction or adjudication of Two prior convictions or adjudications of delinquency
Violation of an Order for delinquency against anyone within 10 years against anyone within 10 years of the date of the new
Protection of the date of the new offense (2nd in 10) offense (3rd in 10)
518B.01, subd. 14
51813.01, subd. 14(c) 518B.01, subd. 14(d)
Prior conviction or adjudication of Two prior convictions or adjudications of delinquency
Violation of a Restraining delinquency against anyone within 10 years against anyone within 10 years of the date of the new
Order of the date of the new offense (2nd in 10) offense (3rd in 10)
609.748, subd. 6
609.748, subd. 6(c) 609.748, subd. 6(d)
Revised 11-18-2014
Campbell Knutson P.A.
Page 7
CAMPBELL KNUTSON
MINNESOTA LEGISLATIVE UPDATE
2014 REGULAR SESSION
QUICK REFERENCE GUIDE
Selected Minnesota Statutes Relating to Criminal Law)
Affected Topic Summary of Changes Effective
Minnesota Date
Statute
13.05 Data practices The responsible authority (i.e. state official August 1,
designated by law or the commissioner as the 2014
individual responsible for data collection) must
develop procedures and policy to ensure that data is
being properly accessed.
13.055, Data practices; The statute has been expanded to prohibit any August 1,
subd. 1, 2 breach of government entity—including a person under 2014
secured data contract with a government entityfrom breaching
the security of data.
The definition of an "unauthorized person" has been
limited to mean any person who accesses secured
data without a work assignment that reasonably
requires that person to have access to the data. An
unauthorized person used to include any person who
accessed secured data "without permission."
The statute now also requires any government entity
to conduct an investigation and create a report if any
breach of secured data occurs. The persons whose
data was improperly accessed must be notified. The
report must include the following:
1) a description of the type of data breached; (2) the
number of individuals who improperly accessed the
data; (3) the names of the employees responsible for
the breach; and (4) the final disposition of any
disciplinary action.
Finally, a government entity must conduct a security
assessment of any personal information it stores on
an annual basis.
13.09 Data practices; A knowing unauthorized acquisition of not public August 1,
penalties data as defined in 13.055, subd. 1 constitutes a 2014
misdemeanor. This is grounds for suspension
without pay or dismissal of an employee.
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13.84, Data practices; Specifically authorizes disclosure of private or January 1,
subd. 5 disclosure of confidential court services data to crime victims. 2015
court service
data
13.84, Data practices; Provides that upon request, the commissioner of January 1,
subd. 6; public court corrections or its designee shall disclose, to a victim 2015
611A.06, services data of domestic violence, notification of the five -digit
subd. 6 zip code and city of the offender's residency upon or
after release from DOC custody, unless the offender
is not under supervision, the zip code is not
available, or disclosure creates a risk.
151.37, Prescription of Registered emergency medical responders, officers, July 1,
subd. 12 legal drugs; and community-based health disease prevention or 2014
administration social services programs may administer an opiate
of opiate antagonist (overdose treatment) if they have proper
antagonists training and authorization from a licensed physician,
licensed physician's assistant, or licensed advanced
practice registered nurse.
152.22 Medical This statute provides definitions for medical September
cannabis; cannabis. Medical cannabis means any species of the 1, 2014
definitions genus cannabis plant, or any mixture or preparation
of them, including whole plant extractions and resins
and is delivered in the form of. (1) liquid, including
by not limited to an oil; (2) pill; (3) vaporized
delivery method with use of liquid or oil but which
does not require the use of dried leaves or plant
form, or (4) any other method, excluding smoking.
Patient" is defined as a Minnesota resident who has
been diagnosed with a qualifying medical condition
by a health care practitioner and who has otherwise
met any other requirements for patients under
sections 152.22 to 152.37 to participate in the
registry program under sections 152.22 to 152.37.
The statute specifies a number of "qualifying
medical conditions" that would permit a person to
use medical cannabis, as allowed by the
Commissioner of Health.
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152.23 Medical Nothing in sections 152.22 to 152.37 permits a September
cannabis; person to engage in: undertaking any task while 1, 2014
limitations under the influence that would constitute negligence
or professional malpractice; possessing or using
medical cannabis on a school bus, on the grounds of
a school, child care facility, or home daycare, or in
any correctional facility; vaporizing medical
cannabis in any public place, including public
transportation, or where the vapor would be inhaled
by a nonpatient child; and operating any motor
vehicle or equipment while under the influence of
medical cannabis. Nothing in sections 152.22 to
152.37 requires a medical assistance program,
including MinnesotaCare, to reimburse for costs
associated with the medical use of cannabis.
152.32 Medical There is a presumption that a patient enrolled in the September
cannabis; registry program under sections 152.22 to 152.37 is 1, 2014
protections engaged in the authorized use of medical cannabis.
from registry This can be rebutted if use was not for the purpose of
program treating a medical condition. A participant cannot be
participants discriminated against based solely on his/her patient
status by a school or landlord; in obtaining custody
or visitation rights or parenting time (unless that
would violate federal law); or by an employer unless
the patient is engaging in or possessing medical
cannabis at place of employment or during working
hours (unless that would violate federal law).
152.33 Medical It is a felony punishable by up to two years for a September
cannabis; manufacturer or an agent of a manufacturer to 1, 2014
violations transfer medical cannabis to a person other than a
patient or a registered designated caregiver
including a parent/legal guardian of a patient).
A person who makes intentionally false statements
about any fact or circumstance relating to the
medical use of cannabis is guilty of misdemeanor.
A person who knowingly submits false records to
register as a manufacturer of medical cannabis is
guilty of a felony, punishable by up to two years in
jail.
If a health care practitioner holds a financial interest
in a manufacturer and knowingly refers patients to
that manufacturer or designated caregiver who
advertises as a manufacturer, then the health care
practitioner is guilty of a misdemeanor.
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168.002, Transportation; Statute amended to change the definition of July 1,
subd. 15 definition of limousine to include vehicles with a seating capacity 2014
limousine of up to 15 people, including the driver. The
definition used to include vehicles with a seating
capacity of up to 12 people, excluding the driver.
168.128, Transportation; Statute amended to include the new insurance July 1,
subd. 2 limousine coverage amounts necessary to obtain limousine 2014
plates. plates.
168.128, Transportation; Statute amended to increase the minimum aggregate July 1,
subd. 3 limousine amount of insurance from $300,000 to $1,500,000. 2014
insurance
169.09 Traffic and Statute amended to require driver of a motor vehicle August 1,
public safety; involved in a collision to stop at the scene of the 2014
accidents collision or as close to the scene as possible and "to
reasonably investigate what was struck"; the stop
must be made without unnecessarily obstructing
traffic. A driver is required to remain at the scene if
the driver knows or has reason to know the collision
resulted in injury to or death of another or that the
collision involved damage to a vehicle driven or
attended to by another; failure to do is a
misdemeanor.
If a driver "knows or has reason to know" that a
collision occurred with an unattended vehicle or
property, the driver must make an effort to find the
owner or person in charge of the property.
169.16 Traffic and This statute was repealed in an effort to eliminate or August 1,
public safety; modernize antiquated, unnecessary, redundant, or 2014
speed on a obsolete provisions.
bridge
169.19, Traffic and When it is necessary to accommodate a vehicle's August 1,
subd. 1 public safety; configuration, a driver may make an otherwise 2014
turning at an illegal wide right-hand turn into a lane that is not the
intersection one closest to the right-hand curb, as necessary to
make a U-turn, if safe to do so.
169.19, Traffic and When it is necessary to accommodate a vehicle's August 1,
subd. 2 public safety; configuration, a driver may turn into the farthest lane 2014
making a U- and temporarily use the shoulder to make a U-turn.
turn
169.835 Traffic and This statute was repealed. August 1,
public safety; 2014
federal
qualifying
highway
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169.867 Traffic and This statute was repealed. August 1,
public safety; 2014
special milk -
hauling permit
169A.03, DWI law; Statute was amended to add the new crimes to the August 1,
subd. 20, definitions list of prior offenses that trigger enhancement: 2014
21; Criminal Vehicular Operation causing death or
169A.24, injury to an unborn child (if substance related).
subd. 1
169A.60, DWI law; Stop This statute was repealed. It previously permitted a August 1,
subd. 18 of vehicles peace officer to stop vehicles bearing special series 2014
bearing special registration plates for the purpose of determining
plates. whether the driver had a valid driver's license. This
was found unconstitutional in State v. Henning, 666
N.W.2d 379 (Minn. 2003)
171.306, Traffic and Statute amended to limit those who may apply for July 1,
subd. 4 public safety; conditional reinstatement, subject to ignition 2014
issuance of interlock, to those participants who have fewer than
restricted two qualified prior impaired driving incidents in ten
license years or three in life.
If a person's license was (1) revoked due to a
manslaughter criminal vehicular homicide
conviction; (2) suspended due to a certification or
charge of criminal vehicular operation with alcohol
involved and that resulted in some degree of bodily
harm, but not death, then the person must enroll in a
chemical dependency treatment program before
applying for a limited license. Under those
circumstances, eligibility is also limited to
participants who have fewer than two qualified prior
impaired driving incidents in ten years or three in
life.
243.1605 Corrections; Article XV, Section A amended regarding timing August 1,
interstate periods for detaining a parolee or probationer. When 2014
compact for there is a risk of public safety, officers can detain the
adult offender parolee or probationer for 12 business days prior to
supervision a probable cause hearing being held if it appears that
retaking or reincarceration is likely to follow.
245C.22, Expungement If the Commissioner of Human Services disqualifies August 1,
subd. 7 of criminal an applicant based on the expunged record, that data 2014
record must be private.
245C.23, Expungement Prohibits the Commissioner of Human Services from August 1,
subd. 1 of criminal notifying an employer of an expunged criminal 2014
record record when the Commissioner disqualifies an
applicant based on the expunged offense.
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25313.07, Civil Statute amended to allow simultaneous competency August 1,
subd. 2a commitments; and civil commitment examinations pursuant to rule 2014
plea 20.04 when criminal charges are pending if the
originating prosecutor, defense counsel, or court doubt the
from criminal defendant's competency and the prosecutor and
proceedings defense counsel agree simultaneous examinations
are appropriate.
26013.198, Expungement Statute amended allowing court to expunge all January 1,
subd. 6 of criminal records relating to delinquency rather than just the 2015
record adjudication of delinquency if the court determines
the benefit to the subject outweighs the detriment to
the public safety. The statute outlines various factors
the court should consider and gives courts authority
to expunge records held by the executive branch
entities. Sharing of records between criminal justice
agencies is still authorized.
260C.201, Domestic If a court finds a child is a victim of domestic child August 1,
subd. 3 violence; abuse and the abuser had proper notice and 2014
domestic child opportunity to participate at the hearing, the court
abuse must prohibit the abuser from possessing firearms,
The abusing party shall transfer any firearms to a
federal licensed firearms dealer, a law enforcement
agency, or a third party who may lawfully receive
them within 3 business days; proof of transfer must
be filed by the abusing party within 2 business days
of the transfer. If a court makes a determination by
the preponderance of the evidence that the abuser
poses an imminent risk of causing another person
substantial bodily harm, the court must order the
local law enforcement agency take immediate
possession of all firearms in the abuser's possession.
299C.157 Forensic This new statute sets forth standards for forensic January 1,
laboratories; laboratory testing. New statute requiring any 2015
accreditation laboratories to be accredited and conform to the
appropriate quality assurance standards set forth by
the FBI, ILAC & ISO/IEC before the laboratory may
perform certain tests (DNA, toxicology,
identification of controlled substances, trace
evidence, latent print, impression evidence, firearms,
toolmarks, questioned documents, or bloodstain
pattern analysis).
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325E.319 Wireless Every wireless device dealer is required to keep a July 1,
communication written record for every purchase or acquisition of a 2014
devices; used wireless communication device for resale for
acquisition for three years and make records available for law
resale enforcement inspection at any reasonable time. The
record shall include a description of the device, the
time, date and place of purchase, the name and
address of the seller, the check or electronic transfer
number, the seller's identification, and a signed
statement from the seller that the device is not
stolen. Wireless communication dealers shall not
make false entries, refuse inspection, or fail to record
transactions. Payments shall be made by check or
electronic transfer only. Wireless communication
dealers are required to install and maintain a video
surveillance camera to record a frontal view of each
seller and retain recordings for 30 days. When law
enforcement has probable cause to believe a device
is stolen, they may put an investigative hold on an
item for an initial 30 days. Violation of this statute is
a misdemeanor. Statute does not apply to returns to
the store of original purchase.
325F.698 Wireless Any smartphone manufactured on or after July 1, July 1,
communication 2015, and sold or purchased in Minnesota must have 2015
devices; smart a "kill switch," to allow for the deletion of all data in
phone antitheft the event the phone is stolen or lost. This must also
protection be reversible if the phone is recovered and given to
the owner. Wireless telecommunications providers
and equipment manufacturers cannot charge
additional fees for the kill switch. If the provider
does not include a kill switch on a smartphone, then
the provider must insure the phone against theft at no
cost to the buyer.
332.70, Expungement A business screening service that knows a criminal January 1,
subd. 3a of criminal record has been sealed, expunged, or is the subject of 2015
record a pardon must promptly delete the record.
504B.171, Landlord All leases are deemed to contain a clause that August 1,
subd. 1 tenant law; prohibits a tenant from committing acts of domestic 2014
terms of abuse, criminal sexual assault, or stalking against a
covenant tenant or any authorized occupant.
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50413.206 Landlord A tenant is now permitted to terminate a lease if the August 1,
tenant law; tenant fears imminent violence after being subject of 2014
rights of an act of domestic abuse under 51813.01, criminal
victims of sexual conduct, or stalking. The previous statute
violence to required a victim to have a no -contact order or order
terminate lease for protection against the perpetrator. The landlord
may request the perpetrator's name, but the tenant
may decline.
50413.285 Landlord A landlord may not start an eviction action against a August 1,
tenant law; tenant based solely on the tenant or occupant having 2014
eviction been the victim of domestic abuse, sexual assault, or
grounds stalking.
518.01, Domestic New provision pertaining to abusers and firearms August 1,
subd. 6 Abuse Act; outlines the same process for victims of domestic 2014
relief by court abuse as that of victims of domestic child abuse, as
described above for section 260C.201.
590.11 Compensating Provides for compensation for exonerated August 1,
exonerated individuals. A person is considered "exonerated" and 2014
persons eligible for compensation if the person was
convicted of a felony and served some part of a
prison sentence. To receive compensation based on
innocence, the exonerated person must prove his/her
innocence by clear and convincing evidence. To
receive compensation in the interests of justice, a
prosecutor would have to join in the petition and
state that the person would not have been
prosecuted, had the prosecutor known all of the
circumstances. A panel of three attorneys or judges
appointed by the Supreme Court will hear all claims.
604A.04 Good A Good Samaritan, who is not a health-care July 1,
Samaritan; professional, may possess or administer an opiate 2014
overdose antagonist to assist a person the Samaritan believes
prevention is experiencing an overdose in good faith. Under
these circumstances, the Good Samaritan is immune
from criminal prosecution and civil liability. Health
care professionals, if acting in good faith, may
administer an opiate antagonist without being
subject to civil liability or criminal prosecution.
177o28vi
Page 15
604A.05 Good Persons acting in good faith seek medical assistance July 1,
Samaritan; for another or for themselves regarding a drug- 2014
overdose related overdose is immune from criminal
medical prosecution for certain acts that law enforcement
assistance may learn of as a result of the person seeking
medical attention. Immunity extends to possession of
controlled substances; possession of drug
paraphernalia; possession or consumption of alcohol
under 21; procuring, purchasing, or enabling
consumption of alcohol to someone under 21; or any
violation of condition or release, probation, furlough,
or parole. If the offense is not covered "the act of
providing first aid or other medical assistance to
someone ... may be used as a mitigating factor in a
criminal prosecution."
609.02, Electronic This section, which defines what an electronic August 1,
subd. 14 Monitoring monitoring device is, has been repealed. 2014
Devices
609.135, Probationary For a gross misdemeanor conviction of Criminal August 1,
subd. 2(b) Period Sexual Conduct in the Fifth Degree, the court may 2014
only order probation for a period of six years. The
last year should be on unsupervised probation,
unless the Court finds that supervised probation is
necessary.
609.135, Electronic This grants a judicial district, rather the August 1,
subd. 5a; Monitoring for commissioner of corrections, the authority to use 2014
629.72, Domestic electronic monitoring devices to protect victims of
subd. 2a Assault domestic abuse. The statute expands the types of
offenses for which electronic monitoring may be
used to include: Stalking; Violations of a
Harassment Restraining Order; Violations of a
Domestic Abuse No Contact Order (DANCO); and
Interference with an Emergency Call. The legislature
considers this a "pilot project."
The statute now also specifies that location data
from the electronic monitoring devices is considered
security information," and may be shared among
law enforcement agencies, probation authorities,
prosecutorial agencies, or court services department
to monitor the conditions of the defendant's
probation.
609.185 First Degree It is now considered First Degree Murder if a August 1,
Murder defendant causes the death of a prosecuting attorney 2014
or judge while that person is engaged in the
performance of their official duties. This carries a
life sentence.
177oz8vi
Page 16
609.21, Criminal This statute has been reorganized to separate the May 1,
subd. 1, 1 a, Vehicular Criminal Vehicular Homicide provisions from the 2014
5 Homicide and Criminal Vehicular Operation provisions. The
Operation penalties remain the same. The word "accident" has
been changed to "collision."
If a person caused death or great bodily harm, it is
no longer an affirmative defense that the person was
using a controlled substance as prescribed.
609.2113 Criminal If a person involved in CVO causes substantial April 30,
Vehicular bodily harm or bodily harm, it is an affirmative 2014
Operation defense that the person was using a controlled
substance as prescribed.
609.2114 Criminal It is now a crime to engage in criminal vehicular April 30,
Vehicular operation which results in either death or injury to an 2014
Homicide and unborn child. The maximum penalty for death is 10
Operation years, and the maximum penalty for injury is 5
years. A person may use the affirmative defense that
the person was using a controlled substance as
prescribed.
609.221, Assault in the It is now considered an Assault in the First Degree to August 1,
subd. 2 First Degree use or attempt to use deadly force against a 2014
prosecutor or a judge who is engaged in the
performance of a duty. The penalty is up to 20 years
in jail and/or a $30,000 fine.
609.2231, Assault in the It is now considered an Assault in the Fourth Degree August 1,
subd. 3 Fourth Degree to cause demonstrable bodily harm to or 2014
intentionally throw fluids or feces on a prosecutor or
a judge who is engaged in the performance of a duty.
It is a felony, and the penalty is up to 2 years in jail
and/or a $4,000 fine.
609.2242, Domestic New provisions outline the same process as in August 1,
subd. 3 violence; section 260C.201, subd. 3 for persons convicted of a 2014
firearms violation of 609.2242, 609.221, 609.222, 609.224, or
609.2247. Upon conviction, the court shall order the
transfer if the court determines the assault was
against a family or household member.
609.344, Criminal There is no substantive change to this statute. One of August 1,
subd. 1 and sexual conduct the penalties listed in the definition sections has been 2014
subd. 2 in the third moved to the penalty section for organizational
degree; crime purposes.
defined and
penalty
10
177028v1
Page 17
609.3451 Criminal This amendment increases the felony penalty from August 1,
sexual conduct five to seven years and from a fine of up to $10,000 2014
in the fifth to a fine of up to $14,000 for a person who engages
degree in either (1) nonconsensual sexual conduct with
another person, or (2) masturbation or lewd
exhibition of the genitals in front of a minor under
the age of 16 if the person violates either clause
within seven years of. a previous conviction for
masturbation/lewd exhibition in front of minor under
16; criminal sexual conduct in the first through fifth
degree (§§ 609.342 to 609.3451); criminal sexual
predatory conduct (§ 609.3453); indecent exposure
617.23, subd. 2(2) or 3); or child pornography (§
617.247); or two or more previous convictions for
nonconsensual sexual conduct. A juvenile
adjudication is not a prior offense for the purposes of
this offense.
609.375, Failure to pay The statute has been amended to replace a person's August 1,
subd. 1, 7, 8 court-ordered obligation to provide "care and support" to an 2014
support to obligation to provide "court-ordered" support of a
spouse or child spouse or child. It is a misdemeanor to fail to pay
court-ordered support.
609.531, Forfeitures; A criminal conviction is now required to proceed August 1,
subd. 6a forfeiture of with a forfeiture of a person's property criminal 2014
civil procedure activity (not for DWI forfeitures). A criminal
conviction is not required if a person is not charged
based upon the person's agreement to provide
information regarding the criminal activity of
another person. State must prove by clear and
convincing evidence the property is an instrument or
represents the proceeds of the underlying offense.
609.5314, Forfeiture; Hearing time amended from 180 days following the August 1,
subd. 3 judicial defendant's filing to 90 days of the conclusion of the 2014
determination criminal case. A "conviction" includes a stay of
adjudication and other diversion programs.
609.5316, Forfeiture; In order to forfeit weapons, bullet resistant vests, and August 1,
subd. 3 weapons, telephone cloning paraphernalia, there must be a 2014
telephone conviction. These items used to have a specific
cloning exception not requiring conviction.
paraphernalia,
and bullet
resistant vests
609.5318, Forfeiture; If a vehicle has been forfeited because of a felony August 1,
subd. 1 motor vehicles drive-by shooting, a conviction is required to forfeit 2014
a vehicle. Previously, a conviction was not required.
11
177028v1
Page 18
609.685 Sale of tobacco This amendment expands the definition of tobacco- April 1,
to children related products to include "other devices intentional 2014
designed or intended to be used in a manner which
enables the chewing, sniffing, smoking or inhalation
of vapors of tobacco or tobacco product." It also
defines what an "electronic delivery device," which
would include an e -cigarette. It is defined broadly as
any product containing or delivering nicotine,
lobelia, or any other substance intended for human
consumption that can be used by a person to
simulate smoking in the delivery of nicotine or any
other substance through inhalation of vapor from the
product."
609.6855, Sale of It is a misdemeanor to sell tobacco -related products April 1,
subd. 1(a) tobacco -related or electronic delivery devices (such as e -cigarettes) 2014
products or to anyone under 18.
electronic
delivery
devices to
children
609.7475 Fraudulent Statute amended making it a crime to file fraudulent August 1,
financing documents (such as liens, documents with forged 2014
statement; signatures, mortgages, certain financial documents)
penalties with a police officer, sheriff, or the Department of
Corrections employees because of that person's
performance of official duties. Previously, the statute
only made it a crime to file false documents with the
sheriff in connection with a sheriff s sale,
prosecutors, the court, defense attorneys, or the
county recorder. It is generally a gross misdemeanor
offense, unless the person has a prior offense, or
filed the document with the intent to harass or
defraud. Under those circumstances, this offense
becomes a felony.
609.748; Harassment; A defendant must make a request for a Harassment August 1,
subd. 3 contents of Restraining Order (HRO) hearing within 20 days of 2014
restraining service of the petition. The previous statute required
order the defendant to make a request within 45 days of
filing.
609.749, Stalking; This amendment prohibits a person convicted of a August 1,
subd. 8 firearms stalking offense from possessing a firearm. The 2014
previous statute only prohibited the person from
possessing a pistol. The provision outlines the same
process for transferring firearms as listed for
domestic assault convictions in section 609.2242,
subd. 3.
12
i77o28vi
Page 19
609.763 Lawful
gambling
fraud; crime
It is now a crime to knowingly tamper or alter any
component or device used in the conduct or play of
electronic pull -tabs or bingo or convert legal
gambling into illegal gambling at an establishment
licensed under section 340A. The possession of
unauthorized electronic pull -tab or bingo devices is a
crime. The level of crime is based upon dollar
amounts; a misdemeanor for $500 or less; a gross
misdemeanor for $500 to $2,500; and a felony for
more than $2,500.
July 1,
2014
609A.02, Statutory This statute grants judges more discretion to January 1,
subd. 3 expungement; expunge criminal offenses. The statute now permits 2015
certain the expungement of certain offenses when
criminal petitioners have completed a diversion program or
proceedings received a stay of adjudication (guilty plea not
accepted), provided the individual has not been
charged with a new crime for one year since
completion. The statute also permits expungement
for offenses petitions who were convicted of or
received a stayed sentence for petty misdemeanor or
misdemeanor (excluding domestic abuse, sexual
assault, OFP, HRO, stalking, or violation of a
DANCO cases but only until July 15, 2015)
provided the person has not been convicted of a new
crime for two years since discharge of the sentence.
Petitioners who were convicted of or received a
stayed sentence for certain felony offenses and have
not been convicted of a new crime for five years
since the discharge of the sentence are also eligible
for expungement under this statute.
609A.025 Statutory New statute provides that if a prosecutor agrees to January 1,
expungement; the sealing of a criminal record for any person 2015
prosecutor described in 609A.02, subd. 3, the court shall seal
agreement and the criminal record without the filing of a petition
notification unless it determines that the interest of the public
and public safety outweighs the disadvantages to the
subject. Before agreeing, the prosecutor shall make a
good faith effort to notify any identifiable victims
who object. The agreement may occur before or after
the criminal charges are dismissed for those in
diversion or stay of adjudication.
13
177028v1
Page 20
609A.03, Petition to This statute expands the court's authority to expunge January 1,
subd. 5 expunge non judicial records. If the court expunges records 2015
criminal under Section 609A.02, the court must seal non -
record; nature judicial records unless the agency or jurisdiction
of remedy whose records would be affected establishes by clear
and convincing evidence that the interest of the
public and public safety outweighs the disadvantages
to the petitioner for not sealing the record. The court
now has the authority to seal expunged records for a
petitioner who went through diversion or had a stay
of adjudication. There is an extensive list of factors
the court considers when determining to seal non -
judicial records. The statute prohibits expunged
records from being introduced in civil litigation
against an employer or landlord for alleged
misconduct of an employee or tenant, if the records
were expunged before the occurrence giving rise to
the civil action.
609A.03, Petition to This statute provides that an expungement does not January 1,
subd. 7 expunge seal the DNA records held at the BCA. It also 2015
criminal permitted expunged records to be opened for
record; criminal investigation, prosecution, or sentencing. It
limitation of permitted a criminal justice agency to see an
order expunged record to evaluate a prospective employer.
Same limitations still apply to petitions to expunge
criminal records. The amended subdivision
establishes that the current standards for accessing
expunged records apply to records expunged prior to
January 1, 2015.
609A.03, Petition to This statute provides similar limitations as set forth January 1,
subd. 7a expunge in Section 609A.03, subd. 7, but it applies to records 2015
criminal expunged on or after January 1, 2015. This statute
record; provides more limitations to an expungement order.
limitation of For example, it permits teaching agencies to review
order expunged records for the purpose of teaching
licensure. It also permits a victim to request that the
expunged record be opened if the victim is in court
for a matter relevant to the expunged record.
609A.03, Petition to This amendment expands the current requirements January 1,
subd. 8 expunge related to the distribution of expungement orders to 2015
criminal require court administrators to notify petitioners of
record; the entities that received the order. If requested,
distribution of agencies are required to send a letter to the petitioner
expungement confirming that the record has been expunged. Data
order on the petitioners mentioned in these letters is
classified as private data.
14
177028v1
Page 21
609A.04 Petition to An individual whose record is expunged under this January 1,
expunge chapter or others laws is now allowed to bring an 2015
criminal action under section 13.8 against a government
record; remedy entity that knowingly opens or exchanges the
expunged record in a manner not authorized by law.
609B.202 Criminal This statute has been repealed; it used to revoke a August 1,
negligence; person's driver's license for CVO that resulted in a 2014
revocation death of a human being. A person still faces license
revocation for this offense, but under a different
statute.
611A.0311, Victims; This subdivision has been repealed. It used to require August 1,
subd. 3 Domestic each city and county attorney to file a notice of a 2014
abuse prosecution plan for domestic abuse cases with the
prosecutors commissioner of public safety.
plan
611A.211 Programs for New statute permitting the commissioner of public August 1,
victims of safety to award grants to programs which provide 2014
sexual assault support services to victims of sexual assault in
violation of sections 609.342 to 609.3453.
611A.45 Programs for New statute permitting the commissioner of public August 1,
victims of safety to award grants to programs which provide 2014
crime support services to victims of crime.
624.712, Crime of The following crimes are now considered "crimes of August 1,
subd. 5 violence violence:" 5th degree assault, domestic assault, and 2014
domestic assault by strangulation. Felony vehicle
theft and looting, and 3rd degree burglary removed
from the list. A crime of violence generally makes a
person ineligible to possess firearms.
624.713, Firearm law; Amendment prohibits a person convicted of August 1,
subd. 1(12) crime of domestic assault or assault involving a household or 2014
and 1(13) violence family member from possessing firearms (for three
years) and prohibiting a person subject to an OFP for
domestic child abuse as described in 260C.201 from
possessing firearms.
624.7144 Allowing an It is a gross misdemeanor for a third party holding a August 1,
ineligible firearm for an abuser if the abuser obtains possession 2014
person to of the firearm during a time transfer is prohibited. It
access a is an affirmative defense if the third party accepted
firearms the firearm and exercised due care to ensure the
abusing party could not access the firearm. The
abusing party must present a current, valid transferee
permit or pass a federal background check through
the National Instant Criminal Background Check
System before obtaining the firearm again.
15
177028v1
Page 22
626.556, Reporting of New provisions added requiring that counties shall August 1,
subd. 11 c maltreatment maintain information of reports alleging child 2014
of minors maltreatment that were not accepted for assessment
for 365 days from the date the report was screened
out in order to identify repeat reports.
626.557, Reporting of Each county board must designate a common entry July 1,
subd. 9 maltreatment point for reports of suspected maltreatment, for use 2015
of vulnerable until the commissioner of human services establishes
adults a common point.
626.8464; New part-time These statutes have been repealed. The Peace June 30,
626.8465, peace officer Officer Standards and Training Board will no longer 2014
subd. 3; positions issue part-time peace officer licenses. Existing part -
626.8468, time peace officer licenses will be canceled when the
subd. 2 part-time peace officer leave the officer's agency of
employment.
626.8468, Part-time Grandfather clause: Statute amended to allow July 1,
subd. 1 officers; licensed part-time peace officers employed on or 2014
grandfather before June 30, 2014, to continue employment
provision indefinitely.
16
1770280
Page 23
626A.42 Electronic New statute stated that except as otherwise provided, August 1,
tracking a government entity may not obtain location 2014
device, information from an electronic monitoring device
tracking without a tracking warrant. The warrant must show
warrant that there is probable cause that the person who
possesses an electronic device is committing, has
committed, or is about to commit a crime. The
application for a warrant must include the identity of
the peace officer making the application; the officer
authorizing the application; a full and complete
statement of the facts and circumstances relied on by
the applicant; and the identity of the person, if
known, committing the offense whose location the
information is to be obtained.
A warrant may be obtained without a warrant when:
the electronic device is reported lost or stolen by the
owner; is used to respond to the user's call for
emergency services; with the informed, affirmative,
and documented consent of the owner or user of the
device or the legal guardian or next of kin if the
owner or user is believed to be deceased or reported
missing and unable to be contacted; and in an
emergency situation that involves the risk of death or
serious physical harm to the person who possesses
the device pursuant to sections 237.82 and 237.83.
Evidence obtained in violation of this statute shall
not be admissible in any criminal, civil,
administrative, or other proceeding.
629.34, Peace officers Statutes amended changing the arrest without a August 1,
subd. 1 and warrant time on non -felony domestic abuse with 2014
629.341, probable cause from the offense happening in the
subd. 1 preceding 72 hours, excluding the day probable
cause was established, regardless of whether the
assault took place in the presence of an officer.
629.342, Domestic Each law enforcement agency must develop, adopt, August 1,
subd. 2 abuse arrests; and implement a written policy regarding arrest 2014
policy procedures for domestic abuse incidents. The section
requirements stating that law enforcement agencies that have
already developed a written policy regarding arrest
procedures for domestic abuse incidents before July
1, 1992, are not required to develop a new policy
was removed.
17
177028v1
Page 24
645.241 Punishment for After September 1, 2014, if any act is prohibited by September
prohibited acts statute and no penalty for the violation is listed, the 1, 2014
doing of such act shall be a petty misdemeanor
punishable by up to a $300 fine only). Prior to this
legislation, such acts were misdemeanors.
18
i77o2svi
Page 25
500,000.00
450,000.00
400, 000.00
350,000.00
300,000.00
250,000.00
200,000.00
150,000.00
100,000.00
50,000.00
2009 2010
Legal Expenses
Legal Expenses
2011 2012 2013
Civil Prosecution
2014
2009 2010 2011 2012 2013 2014
Civil 124,720.83 133,622.89 130,064.76 144,334.00 120,059.50 144,799.80
Prosecution 291,470.62 282,950.87 290,448.27 305,798.12 294,199.57 268,726.98
Total 418,200.45 418,583.76 422,524.03 452,144.12 416,272.07 415,540.78
Average Expense
Civil 132,933.63
Prosecution 288,932.41
Total 423,877.54
Page 26
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective January 1, 2013, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON,
Professional Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties
hereto agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a
City employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City
Manager, and may be terminated without cause by resolution of the City Council and the City
Manager.
B. The Attorney may terminate the contract at any time, provided that the
Attorney shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for
services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be
charged as set forth in subsections B through G below.
Doc. #19660v.22 1
RNK: 11/21/2012
Page 27
B. General Civil Municipal: Lead Attorney $165.00 per hour; Attorneys
150.00 per hour; Law Clerks and Paralegals $45.00 to $80.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of
the particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal
services the cost for which is to be passed through to third parties or paid for out of a bond or special
project fund, with a minimum increment of two-tenths of an hour.
D. Meetings: $255.00 per meeting for the first 4 hours, thereafter at the regular
hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings
will be billed at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $ 22,600.00 per month for attorney fees
and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the
retainer except the following: i) criminal appeals; ii) civil forfeitures of motor vehicles pursuant to
Minn. Stat. § 169.1217; and iii) prosecution of ordinance violations initiated by any City department
other than the Police Department. These non -retainer legal services would be billed at the hourly
rates set forth in Section 3B above.
F. Minimum Billing Increment: The minimum billing increment for all services
is 2/1 Oths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
Doc. #19660v.22 2
RNK: 11/21/2012
Page 28
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to
protect Attorney against claims for legal malpractice.
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or
more often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
of Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State
B. Assignment. The Attorney may not assign or refer any of the legal services
to be performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first
above written. This Agreement shall not be modified or amended without the approval in writing of
the parties.
Dated: &- .3 , 2012.
CITY OF PLYMOUTH
BY:
Kelli Slavik, Mayor
r
AND JZ
La rie Ahrens, City Manager
Dated: y \' O V . 2-7.2012.
CAMPBELL KNUTSON
Prpj essrona s dation
BY:
R er N. Knutson, Vice President
AND: 9 7
Elliott IXt sch, Vice President
Doc. #19660v.22 3
RNK: 11/21/2012
Page 29
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON9 Professional Association
THIS AGREEMENT, effective January 1, 2001, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.06(Clean) 1 PLYMOUTH:CAMPBELL KNTUSON
r12/20/00 LEGAL SERVICES AGREEMENT
Page 30
B. General Civil Municipal: Lead Attorney $125.00 per hour; Attorneys $115.00 per
hour; Law Clerks and Paralegals $40.00 to $60.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $210.00 per meeting for the first 4 hours, thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed
at the hourly rates set forth in Section 313 or 3C, as applicable.
E. Criminal Prosecution: A retainer of $19,000.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
313 above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/1Oths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
19660.06(Clean) 2 PLYMOUTH:CAMPBELL KNTUSON
r12/20/00 LEGAL SERVICES AGREEMENT
Page 31
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
Dated: J" - , 2001.
CITY OF PLYMOUTH
BY:
oy, ely ierney, Mayor
AND ,,,a d ..-
Dwig6ft johns , City Manager
19660.06(Clean)
r12/20/00
Dated! 7--, ! , 2001.
CA_MEBEI-,L KNUTSON
oiessionat Ass ciation
BY:
Roger N. Knutson, Vice President
AND: AK
Elliott B. Knetskjice President
3 PLYMOUTH:CAMPBELL KNTUSON
LEGAL SERVICES AGREEMENT
Page 32
City of Plymouth
Resolution 2000-602
APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES
PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION
BE IT RESOLVED by the City Council of Plymouth, Minnesota, that the agreement for legal
services between the City of Plymouth and Campbell Knutson, Professional Association, is
hereby approved effective January 1, 2001.
Adopted by the Plymouth City Council on December 19, 2000.
Page 33
2") o (, 1,94'a
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective January 1, 2006, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.15 1 PLYMOUTH:CAMPBELL KNUTSON
RNK:rl2/05/2005 LEGAL SERVICES AGREEMENT
Page 34
B. General Civil Municipal: Lead Attorney $142.00 per hour; Attorneys $129.00 per
hour; Law Clerks and Paralegals $41.00 to $74.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $235.00 per meeting for the first 4 hours, thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed
at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $20,085.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
313 above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/1 Oths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
19660.15 2 PLYMOUTH:CAMPBELL KNUTSON
RNK:r12/05/2005 LEGAL SERVICES AGREEMENT
Page 35
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
A. Governing Law. This Agreement shall be governed by the laws of the State of
Minnesota.
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
ZUO4,
Dated: GCi%• ,24965. Dated: ` A °J !l , 20
CITY OF PLYMOUTH CAMPBELL KNUTSON
Pro ss ona anon
BY: BY.
dv .
J
hn on, avor o>;er N.ytutsJon, Vice
AND GLui c f AND: '6/
La e Ahrens, City Manager Elliott B. Vetsrh,Vice President
19660.15 3 PLYMOUTH:CAMPBELL KNUTSON
RNK:r12/05/2005 LEGAL SERVIC S AGREEMENTPage36
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective January 1, 2007, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal-
prosecution
riminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30 days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.17 1 PLYMOUTH:CAMPBELL KNUTSON
RNK:r12/18/2006 LEGAL SERVICES AGREEMENT
Page 37
B. General Civil Municipal: Lead Attorney $147.00 per hour; Attorneys $134.00 per
hour; Law Clerks and Paralegals $42.00 to $77.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $244.00 per meeting for the first 4 hours, thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed
at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $20,884.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/1Oths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
19660.17 2 PLYMOUTH:CAMPBELL KNUTSON
RNK:r12/18/2006 LEGAL SERVICES AGREEMENT
Page 38
Ave
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
q
Dated: faA , / , 2006. Dated: fl , 2006.
CITY OF PLYMOUTH CAMPBELL KNUTSON
BY: BY:
Kelli Slavik, Mayor Roger Knutson, Vice President
AND OC .t L i AND:
Laurie Ahrens, City Manager Elliott B. Aitsch, Vice President
19660.17 3 PLYMOUTH:CAMPBELL KNUTSON
RNK712/18/2006 LEGAL SERVICES AGREEMENT
Page 39
City of Plymouth
Resolution 2007-005
APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES
PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION
BE IT RESOLVED by the Plymouth City Council that the agreement for legal services between
the City of Plymouth and Campbell Knutson, Professional Association, is hereby approved.
Adopted by the City Council on January 9, 2007.
Page 40
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Soren M. Mattick
John F. Kelly
Henry A. Schaeffer, III
Alina Schwartz
Samuel J. Edmunds
Marguerite M. McCarron
1380 Corporate Center Curve
Suite 317 • Eagan, MN 55121
651-452-5000
Fax 651-452-5550
www.ck-law.com
CAMPBELL KNUTSON
Professional Association
Direct Dial. (651) 234-6222
E-mailAddress: snelson@ck-law.com
September 11, 2007
t
Ms. Laurie Ahrens, City Managerer
City of Plymouth
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
RE: FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
Dear Laurie:
Enclosed for the City's files please find fully executed original of the First
Amendment to Agreement for Legal Services between the City and Campbell
Knutson.
SRN:ms
Enclosure
Regards,
CAMPBELL KNUTSON
Professional Association
BY ...
S anR. Nelson, Legal ssistant
Page 41
I(
FIRST AMENDMENT TO AGREEMENT FOR LEGAL
SERVICES BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AMENDMENT TO AGREEMENT, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON,
Professional Association, a Minnesota corporation ("Attorney") and is effective as of the later of the
date the City or Attorney executes this Amendment.
RECITALS
1. The Attorney and the City are parties to that certain Agreement for Legal Services
effective January 1, 2007 pursuant to which the Attorney is furnishing general civil municipal and
criminal prosecution legal services for the City.
2. The City entered an Agreement A071020 with Hennepin County whereby Hennepin
County granted the City file inquiry access to certain information contained in Hennepin County's
computerized data files. These files include SILS and Calendar.
3. The City requested permission to extend access to the SILS and Calendar computerized
data files on the City's behalf to the Attorney.
4. The County consented to the Attorney's use of SILS and Calendar in the course of
performance of services for the City.
5. The parties wish to modify the Agreement for Legal Services to add the following
provisions concerning access to computerized data files with Hennepin County.
PROVISIONS
NOW, THEREFORE, in consideration of the Agreement for Legal Services and the mutual
undertakings herein, the parties hereto agree as follows:
133196 1
Page 42
r
1. ACCESS TO DATA INQUIRY FILES WITH HENNEPIN COUNTY.
A. The Attorney will comply with all of the terms and conditions specified in the
Agreement A071020 between the City and Hennepin County. The terms and conditions of Agreement
A071020 are hereby incorporated by reference.
B. This Amendment to Agreement for Legal Services and the Agreement for Legal
Services will be available to Hennepin County upon request.
C. The Attorney will install, maintain, and keep up to date virus protection software
and firewall technology on each personal computer or device being connected to Hennepin County's
network.
D. The Attorney, its employees, officers, agents, contractors, representatives,
subcontractors and/or assigns will comply with Hennepin County's computing environment security
policies and facility security policies, rules, regulations and directions.
E. The Attorney will protect and keep private and secure, any access passwords
given to the City and/or the Attorney. The Attorney will not release passwords to any unauthorized
individual.
F. The Attorney will abide by the provisions of the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13, and all other applicable state and federal laws, rules,
regulations, and orders relating to data privacy or confidentiality, and as any of the same may be
amended.
2. LIABILITY. This Amendment in no way relieves the City of its liabilities or
obligations under its Agreement A071020 with Hennepin County.
Dated: , 2007. Dated: 10 , 2007.
133196 2
Page 43
CITY OF PLYMOUTH CAMPBELL KNUTSON
BY: U BY: ...._.-
Kelli Slavik, Mayorger . Knutson, Vice President
AND AND:
1% Xe- Ahrens, City Manager Elliotsch, Vice President
133196 3 Page 44
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON9 Professional Association
THIS AGREEMENT, effective January 1, 2008, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.19 1 PLYMOUTH:CAMPBELL KNUTSON
RNK:r12/03/2007 LEGAL SERVICES AGREEMENT
Page 45
B. General Civil Municipal: Lead Attorney $152.00 per hour; Attorneys $139.00 per
hour; Law Clerks and Paralegals $42.00 to $77.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $250.00 per meeting for the first 4 hours, thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed
at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $ 21,725.00 per month for attorney fees and
legal assistant fees, phis out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/1 Oths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
19660.19 2 PLYMOUTH:CAMPBELL KNUTSON
RNK:rl2/03/2007 LEGAL SERVICES AGREEMENT
Page 46
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
Dated: /o2 - // , 2007.
CITY OF PLYMOUTH
BY: XkM4
elli Slavik, Mayor
AND
f
v,
La rie Ahrens, City Manager
Date&' -Z -// '2007.
CAMPBELL KNUTSON
Professi nal Ass ' tion
B — --
oge utson, Vice President
AND:
Elliott B. et h, Vice President
19660.19 3 PLYMOUTH:CAMPBELL KNUTSON
RNK:r12/03/2007 LEGAL SERVICES AGREEMENT
Page 47
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON9 Professional Association
THIS AGREEMENT, effective March 1, 2009, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.21 1 PLYMOUTH:CAMPBELL KNUTSON
RNK:r02/05/2009 LEGAL SERVICES AGREEMENT
Page 48
T
B. General Civil Municipal: Lead Attorney $155.00 per hour; Attorneys $141.00 per
hour; Law Clerks and Paralegals $42.00 to $78.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $132.00 to $200.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $255.00 per meeting for the first 4 hours, thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed
at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $ 22,159.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/10ths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
19660.21 2 PLYMOUTH:CAMPBELL KNUTSON
RNK:r02/05/2009 LEGAL SERVICES AGREEMENT
Page 49
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
Dated: */0—
12009.
CITY OF PLYMOUTH
BY: baq:::
Kelli Slavik, Mayor
AND
La 'e Ahrens, City Manager
Dated: 3 , 2009.
CAMPBELL KNUTSON
PreAmaoxalAskodation
BY:
C Zger N. a on, Vice President
AND: iK
Elliottetsch, Vice President
19660.21 3 PLYMOUTH:CAMPBELL KNUTSON
RNK:r02/05/2009 LEGAL SERVICES AGREEMENT
Page 50
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective February 1, 2005, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.13 1 PLYMOUTH:CAMPBELL KNUTSON
RNK:rl2/13/2004 LEGAL SERVICES AGREEMENT
Page 51
B. General Civil Municipal: Lead Attorney $138.00 per hour; Attorneys $125.00 per
hour; Law Clerks and Paralegals $40.00 to $72.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $132.00 to $178.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $228.00 per meeting for the first 4 hours, thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed
at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $19,500.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/1Oths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
19660.13 2 PLYMOUTH:CAMPBELL KNUTSON
RNK:rl2/13/2004 LEGAL SERVICES AGREEMENT
Page 52
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
Dated: January 21, 2005.
CITY OF PLYMOUTH
Dated r Z , 20'0-S.
BY:; --
oger N. Knutson, Vice President
AND: K-U
Elliott B. tsch, Vice President
19660.13 3 PLYMOUTH:CAMPBELL KNUTSON
RNK:rl2/13/2004 LEGAL SERVICES AGREEMENT
Page 53
e
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective January 1, 2003, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON,
Professional Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties
hereto agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a
City employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City
Manager, and may be terminated without cause by resolution of the City Council and the City
Manager.
B. The Attorney may terminate the contract at any time, provided that the
Attorney shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for
services within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be
charged as set forth in subsections B through G below.
Page 54
B. General Civil Municipal: Lead Attorney $133.00 per hour; Attorneys
121.00 per hour; Law Clerks and Paralegals $40.00 to $70.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of
the particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal
services the cost for which is to be passed through to third parties or paid for out of a bond or special
project fund, with a minimum increment of two-tenths of an hour.
D. Meetings: $220.00 per meeting for the first 4 hours, thereafter at the regular
hourly rate, for attendance at up to two meetings of the City Council per month. All other meetings
will be billed at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $19,500.00 per month for attorney fees
and legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the
retainer except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to
Minn. Stat. § 169.1217, and iii) prosecution of ordinance violations initiated by any City
department other than the Police Department. These non -retainer legal services would be billed at
the hourly rates set forth in Section 3B above.
F. Minimum Billing Increment: The minimum billing increment for all services
is 2/10ths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
Page 55
service of process, etc.)
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to
protect Attorney against claims for legal malpractice.
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or
more often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
of Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State
B. Assignment. The Attorney may not assign or refer any of the legal services
to be performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first
above written. This Agreement shall not be modified or amended without the approval in writing of
the parties.
Dated: Je4i . C) , 2003.
CITY OF PLYMOUTH
Dated: Ai- I' , 2003.
Roger N. Knutson, Vice President
AND: ff&<
Elliott B. Knetsch,i e President
Page 56
CITY OF PLYMOUTH
RESOLUTION NO. 2003-018
APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES
PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION
BE IT RESOLVED by the City Council of Plymouth, Minnesota, that the agreement for legal
services between the City of Plymouth and Campbell Knutson, Professional Association, is
hereby approved effective January 1, 2003.
Adopted by the Plymouth City Council on January 7, 2003.
Page 57
B. General Civil Municipal: Lead Attorney $136.00 per hour; Attorneys $123.00 per
hour; Law Clerks and Paralegals $40.00 to $71.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $130.00 to $175.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $224.00 per meeting for the first 4 hours, thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be billed
at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $19,500.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/10ths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
19660.11 2 PLYMOUTH:CAMPBELL KNTUSON
RNK:r12/22/2003 LEGAL SERVICES AGREEMENT
Page 58
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective March 1, 2004, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.11 1 PLYMOUTH:CAMPBELL KNTUSON
RNK:r12/22n003 LEGAL SERVICES AGREEMENT
Page 59
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
Dated: 2004.
CITY OF PLYMOUTH
I
Dated: F -A)— Z- U , 2004.
ger . Knutson, Vice President
7AND:
Elliott B. KnetsclAice President
19660.11 3 PLYMOUTH:CAMPBELL KNTUSON
RNK:r12/22/2003 LEGAL SERVICES AGREEMENT
Page 60
e
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON9 Professional Association.
THIS AGREEMENT, effective January 1, 2000, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager, and
may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged as set
forth in subsections B through G below.
19660.04 1 PLYMOUrH:CAMPBELL KNTUSON
r12/22/99
LEGAL SERVICES AGREEMENT
Page 61
B. General Civil Municipal: Lead Attorney $119.00 per hour; Attorneys $109.00 per
hour; Law Clerks and Paralegals $40.00 to $60.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal services
the cost for which is to be passed through to third parties or paid for out of a bond or special project fund,
with a minimum increment of two-tenths of an hour.
D. Meetings: $210.00 per meeting until 11:00 p.m., thereafter at the regular hourly rate,
for attendance at up to two meetings of the City Council per month. All other meetings will be billed at the
hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $17,186.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat. §
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in Section
3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/10ths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50¢ or more
photocopies at 20¢ per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
04 2 PLYMOUTH:CAMPBELL KNTUSON
1966019660 04 LEGAL SERVICES AGREEMENT
r12/2Page 62
a
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the parties.
Dated: / 2000.
CITY OF PLYMOUTH
r
BY:
Jo cely ierney, /ayo r
AND ' j 0 ilr wm
Dwightfohnson, Uy Manager
Dated: '//27--,2000.
7-1
BY:
oger N. Knutson, Vice President
AND: A—w
Elliott B. Knetsch, Itj President
9660.04 3 PLYMOUCH:CAMPBELL KNTUSON
19660.04 LEGAL SERVICES AGREEMENT
City of Plymouth
Resolution 2002-018
APPROVING AMENDED AGREEMENT FOR LEGAL SERVICES
PROVIDED BY CAMPBELL KNUTSON, PROFESSIONAL ASSOCIATION
BE IT RESOLVED by the City Council of Plymouth, Minnesota, that the agreement for legal
services between the City of Plymouth and Campbell Knutson, Professional Association, is
hereby approved effective January 1, 2002.
Adopted by the Plymouth City Council on January 8, 2002.
Page 64
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL KNUTSON, Professional Association
THIS AGREEMENT, effective January 1, 1999, is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL KNUTSON, Professional
Association, a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager,
and may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged
as set forth in subsections B through G below.
19660.03
r01/27/99
PLYMOUTHXAMPBELL KNUTSON
LEGAL SERVICES AGREEMENT
Page 65
B. General Civil Municipal: Lead Attorney $116.00 per hour; Attorneys $106.00
per hour; Law Clerks and Paralegals $40.00 to $60.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $115.00 to $175.00 per hour, for legal
services the cost for which is to be passed through to third parties or paid for out of a bond or special
project fund, with a minimum increment of two-tenths of an hour.
D. Meetings: $205.00 per meeting until 11:00 p. m., thereafter at the regular hourly
rate, for attendance at up to two meetings of the City Council per month. All other meetings will be
billed at the hourly rates set forth in Section 3B or 3C, as applicable.
E. Criminal Prosecution: A retainer of $16,686.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat.
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in
Section 3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/10ths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 50C or more
photocopies at 20C per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
19660.03 PLYMOUTH:CAMPBELL KNUTSON
x01/27/99 2 LEGAL SERVICES AGREEMENT
Page 66
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
5. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall be effective the day and year first above
written. This Agreement shall not be modified or amended without the approval in writing of the
parties.
Dated: i -e / , 1999.
CITY OF PLYMOUTH
BY: .//
J cel Tierney, Mayor
AND
Dwigh Johnson, City Manager
19660.03
r01/27/99
Dated: F c . 1999.
V IUC r1GJ1UG11L
Vice President
PLYMOUTKCAMPBELL KNUTSON
3 LEGAL SERVICES AGREEMENT
Page 67
2 1999
Page 68
CITY OF PLYMOUTH
RESOLUTION NO. 99 - 030
APPROVING 1997, 1998 AND 1999 FEE INCREASES AND AMENDING
CONTRACT FOR LEGAL SERVICES PROVIDED BY
CAMPBELL KNUTSON
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PLYMOUTH, MINNESOTA that the 1997, 1998 and 1999 fee increases
for the legal services provided by Campbell Knutson are hereby approved, and the contract
dated December 7, 1994 is hereby amended as follows:
Legal Service 1997 Rate
General Civil 100/hour
Lead Attorney (Knutson) 110/hour
Prosecution 15,450*
Council meetings 200.00
Monthly retainer
1998 Rate 1999 Rate
103/hour 106/hour
113/hour $116/hour
16,200* $16,686*
200 $205
Meeting attendance is rate indicated until 11:00 p.m., and then regular hourly rates
thereafter.
Adopted by the City Council on January 19, 1999.
N:\REFERENC\Council\Council resolutions\Resolutions_199fts&"
AGREEMENT FOR LEGAL SERVICES
BETWEEN THE CITY OF PLYMOUTH AND
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
THIS AGREEMENT, effective December 5 , 19 94 , is by and between the CITY OF
PLYMOUTH, a Minnesota municipal corporation ("City") and CAMPBELL, KNUTSON, SCOTT
FUCHS, P.A., a Minnesota corporation ("Attorney").
NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto
agree as follows:
1. ACCEPTANCE OF PROPOSAL.
A. The Attorney shall furnish and perform general civil municipal and criminal
prosecution legal services for the City.
B. The Attorney shall be engaged as an independent contractor and not as a City
employee. The Attorney is free to contract with other entities.
2. CONTRACT TIME.
A. The Attorney shall serve at the pleasure of the City Council and City Manager,
and may be terminated without cause by resolution of the City Council and the City Manager.
B. The Attorney may terminate the contract at any time, provided that the Attorney
shall give the City thirty (30) days written notice before the termination becomes effective.
3. PAYMENT.
A. The Attorney will bill the City monthly. The City will normally pay for services
within thirty (30) days of receipt of a statement for services rendered. Costs and fees will be charged
as set forth in subsections B through G below.
19660 PLYMOUTH:CKS&F
r11/21/94 GALS ICESVage
r -
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
Thotims J. Camphcll
Roger N. Knutson
Thomas M. Scott
Gare G. Fuchs
lanes R. Walston
Elliott R. Knetsch
Elizkcth A. Lunzer
Andrea McDowell Poehler
December 12, 1994
Ms. Kathy Lueckert
Assistant City Manager
Plymouth City Hall
3400 Plymouth Boulevard
Plymouth, Minnesota 55447-1482
RE: AGREEMENT FOR LEGAL SERVICES
Dear Kathy:
612)452-5000
Fix (612) 452-5550
po''. LNN9 !
r•Y•Y
l
waw y
Pursuant to your request, enclosed for the City's files please find fully executed
Agreement for Legal Services Between the City of Plymouth and Campbell, Knutson,
Scott & Fuchs, P.A.
Very truly yours,
CAMPBELL, KNUTSON, SCOTT
FUCHS, P.A.
Knutson
RNK: srn
Enclosure
Suite 317 • Eagandale Office Center • 1.380 Corporate Center Curve • Eagan, MN 55121
Page 71
B. General Civil Municipal: Partners $95.00 per hour; Associates $85.00 per hour;
Law Clerks and Paralegals $40.00 to $60.00 per hour.
C. Pass-through Legal Services: The customary non -municipal hourly rate of the
particular attorney doing the work, currently ranging from $95.00 to $150.00 per hour, for legal
services the cost for which is to be passed through to third parties or paid for out of a bond or special
project fund.
D. Meetings: $200.00 per meeting for attendance at up to two meetings of the City
Council per month. All other meetings will be billed at the hourly rates set forth in Section 3B or 3C,
as applicable.
E. Criminal Prosecution: A retainer of $15,000.00 per month for attorney fees and
legal assistant fees, plus out-of-pocket costs. All prosecution legal services are included in the retainer
except the following: i) criminal appeals, ii) civil forfeitures of motor vehicles pursuant to Minn. Stat.
169.1217, and iii) prosecution of ordinance violations initiated by any City department other than the
Police Department. These non -retainer legal services would be billed at the hourly rates set forth in
Section 3B above.
F. Minimum Billing Increment: The minimum billing increment for all services is
2/ 10ths of an hour.
G. Costs. Out-of-pocket costs without mark-up. Costs include:
Westlaw
recording fees
postage of 5N or more
photocopies at 2N per copy
long distance telephone calls
litigation (court filing fees, expert witnesses, acquisitions, subpoenas,
service of process, etc.)
19660 PLYMOUTH:CKS&F
x11/21/94 2aAL S7110ES
4. INSURANCE. The Attorney will purchase and maintain sufficient insurance to protect
Attorney against claims for legal malpractice.
S. ANNUAL REVIEW. The Attorney's performance shall be reviewed annually or more
often as deemed appropriate by the City Manager or City Council.
6. MISCELLANEOUS.
Minnesota.
A. Governing Law. This Agreement shall be governed by the laws of the State of
B. Assignment. The Attorney may not assign or refer any of the legal services to be
performed hereunder without the consent of the Plymouth City Manager.
C. Effective Date. This Agreement shall become effective upon its execution by the
City and the Attorney. This Agreement shall not be modified or amended without the approval in
writing of the parties.
D. Transition. Attorney shall perform services as directed by the City Council or
City Manager effective immediately, but shall not attend City Council meetings until the first meeting
of the Council in January 1995.
Dated: December 7 , 19 94 Dated: / ' - % , 192Y.
CITY OF PLYMOUTH C ELL, KNUTSON, SCOTT
FUCH , P.A.
BY
J y ierney, May BY ;
er N. Knutson, Vice President
AND v,
Dwigh(/Johns-oriXity Manager
19660 PLYMOUTH:CKS&F
r11/21/94 3 %SnICES
CAMPBELL KNUTSON
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Suesan Lea Pace
Ms. Kathy Lueckert
City of Plymouth
3400 Plymouth Boulevard
Plymouth, MN 55447-1482
Professional Association
Attorneys at Law
651)452-5000
Fax (651) 452-5550
Author's Direct Dial: 23¢6215
February 1, 1999
RE: LEGAL SERVICES AGREEMENT FOR 1999
Dear Kathy:
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
John F. Kelly
Matthew J. Foli
Marguerite M. McCarron
Also licensed in Wisconsin
Pursuant to your request, enclosed please find Agreement for Legal Services which
has been revised to reflect the fee increases approved by the Council on January 19,
1999.
RNK: srn
Enclosure
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, MN 55121
Page 74
rp)City of Agenda 2BPlymouthNumber:
Adding Quality to Life
To: Mayor and City Council
SPECIAL
COUNCIL MEETING Prepared by: Dave Callister, City Manager
January 20, 2015
Item: Set Future Study Sessions
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Rental Housing Ordinance
Other Council requests for Study Session Topics:
Health insurance premiums (JW)
Review hourly rate vs. participant rate for use of playfields (2016 budget)
Staff s requests for Study Sessions:
Underground power and median improvements on Vicksburg Lane
Page 1
r Plymouth
Adding Quality to Life
January 2015
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Page 2
1 2 3
NEW YEAR'S DAY
CITY OFFICES
CLOSED
4 5 6 7 8 9 10
5:30 PM CANCELLED 7:00 PM
SPECIAL COUNCIL PLANNING PARK 8 REC
MEETING COMMISSION ADVISORY
Council Goals 8 MEETING COMMISSION
Legislative Priorities Council Chambers FRAC) MEETING
for 2015
Medicine Lake Room Council Chambers
11 12 13 14 15 16 17
7:00 PM 7:00 PM
REGULAR COUNCIL ENVIRONMENTAL
MEETING QUALITY
Council Chambers COMMITTEE
5:30 PM EQC) MEETING
SPECIAL COUNCIL Medicine Lake Room
MEETING
Metropolitan Council
Highway 55 BRT Study
18 19 20 21 22 23 24
5:30 PM 7:00 PM 7:00 PM
SPECIAL COUNCIL PLANNING HRA MEETING
MARTIN LUTHER
MEETING
COMMISSION
KING JR. Update on MEETING
BIRTHDAY Prosecution Services Council Chambers
Observed Medicine Lake Room
CITY OFFICES
CLOSED
25 26 27 28 29 30 31
7:00 PM 7:00 PM
REGULAR COUNCIL PLYMOUTH
MEETING ADVISORY
Council Chambers COMMITTEE ON
TRANSIT (PACT)
MEETING
Medicine Lake
Room A
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Page 2
r Plymouth
Adding Quality to Life
February 2015
1 2 3 4 5 6 7
4:00 - 7:00 PM 7:00 PM 3:00 - 7:00 PM
VICKSBURG LANE PLANNING Fire It Ice
OPEN HOUSE COMMISSION Festival
Medicine Lake Room MEETING Parkers Lake Park
Council Chambers
8 9 10 11 12 13 14
7:00 PM 7:00 PM 7:00 PM
REGULAR COUNCIL ENVIRONMENTAL PARK Et REC
MEETING QUALITY ADVISORY
Council Chambers COMMITTEE COMMISSION
EQC) MEETING PRAC) MEETING
Medicine Lake Room Council Chambers
15 16 17 18 19 20 21
7:00 PM 5:30 PM
PRESIDENTS PLANNING BOARD AND
DAY COMMISSION COMMISSION
MEETING RECOGNITION
Council Chambers EVENT
CITY OFFICES Plymouth Creek
CLOSED
Center
Ash Wednesday
22 23 24 25 26 27 285:30 PM
SPECIAL COUNCIL 7:00 PM
MEETING HRA MEETING
Park Dedication Fees Medicine Lake Room
Medicine Lake Room
7:00 PM
REGULAR COUNCIL
MEETING
Council Chambers
Modified on 01/07/ 15 CHANGES ARE MADE IN RED
Page 3
City of
Plymouth
Adding Quality to Life
March 2015
1 2 3 4 5 6 7
5:30 PM 7:00 PM
SPECIAL COUNCIL PLANNING
MEETING COMMISSIONPoliceStaffing
needs for 2016 MEETING
Medicine Lake Room Council Chambers
8 1:00 PM 9 10 11 12 13 14
4:00 PM
Healthy Living 7:00 PM 7:00 PM 7:00 PM 9:00 AM -
Fair REGULAR COUNCIL ENVIRONMENTAL PARK ft REC 12:00 PM
Plymouth Creek MEETING QUALITY ADVISORY City Sampler
Center Council Chambers COMMITTEE (EQC) COMMISSION Plymouth City Hall
MEETING PRAC) MEETING
Daylight Savings Medicine Lake Room Council Chambers
Commences
Set Clocks Ahead
I Hour
15 16 17 18 19 20 21
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
22 23 24 25 26 27 28
7:00 PM 7:00 PM
12:00 PM -3:00 PM
REGULAR COUNCIL HRA MEETING
Spring Bridal Expo
MEETING Medicine Lake Room
Plymouth Creek
Council Chambers Center
29 30 31
Modified on 12101114 CHANGES ARE MADE IN RED
Page 4
r Plymouth
Adding Quality to Life
April 2015
Modified on 11/ 19/ 14 CHANGES ARE MADE IN RED
Page 5
1 2 3 4
7:00 PM
PLANNING
COMMISSION
MEETING
Council Chambers
Good Friday
PASSOVER
Begins at Sunset
5 6 7 8 9 10 11
7:00 PM 7:00 PM 6:00 PM - 9:00 PM 9:00 AM - 1:00 PM
ENVIRONMENTAL PARK Et REC PLYMOUTH HOME PLYMOUTH HOME
QUALITY ADVISORY EXPO EXPO
COMMITTEE COMMISSION Plymouth Creek Plymouth Creek
EQC) MEETING PRAC) MEETING
Medicine Lake Room Council Chambers
Easter Sunday
12 13 14 15 16 17 18
7:00 PM 7:00 PM Time Varies Time Varies
REGULAR COUNCIL PLANNING PRIMAVERA PRIMAVERA
MEETING COMMISSION Plymouth Fine Plymouth Fine
Council Chambers MEETING
Arts Council
Show
Arts Council
Show
Council Chambers Plymouth Creek Plymouth Creek
Center Center
19 20 21 22 23 24 25
Time Varies Time Varies 7:00 PM 7:00 PM
PRIMAVERA PRIMAVERA PLYMOUTH HRA MEETING
Plymouth Fine Plymouth Fine ADVISORY Medicine Lake Room
Arts Council Arts Council COMMITTEE ON
Show Show
TRANSIT (PACT) Plymouth Creek Plymouth Creek
Center Center MEETING
Medicine Lake
26 27 28 6:00 PM 29 30
BOARD OF
EQUALIZATION
MEETING
Council Chambers
7:00 PM
REGULAR
COUNCIL MEETING
Council Chambers
Modified on 11/ 19/ 14 CHANGES ARE MADE IN RED
Page 5