91-119
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RESOLUTION 119-91
A RESOLUTION APPOINTING KENNETH N. POTTS
AS A JOINT PROSECUTING ATTORNEY FROM
JANUARY 1, 1992 TO DECEMBER 31, 1993
WHEREAS, the cities of Shorewood, Excelsior and Tonka Bay have
recognized the merits of selecting one attorney to render joint
prosecution services; and
WHEREAS, said cities appointed representatives to a Joint
Prosecuting Attorney Selection Committee; and
WHEREAS, said Selection Committee has received applications,
conducted interviews, and made a recommendation jointly to the
three City Councils; and
WHEREAS, said recommendation is for the appointment of Kenneth
N. Potts to render joint prosecution services.
NOW, THEREFORE, BE IT RESOLVED that the Shorewood City Council
appoints Kenneth N. Potts as Prosecuting Attorney effective January
1, 1992 for a period ending December 31, 1993; and
BE IT FURTHER RESOLVED, that said appointment is in accordance
with the position Description and Letter of Agreement hereby
approved by the City Council and attached hereto and made a part
of; and
BE IT FINALLY RESOLVED, that the City shall pay to the
Prosecutor as compensation for his services $17,500 per year. Said
fee paid by the City encompasses the entire amount owed, as
prosecutor agrees to cover all expenses. The City shall pay
prosecutor one twel veth of said annual amount each month upon
receipt of invoice and report of activity.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this
25th day of November, 1991.
ATTEST:
es C. Hurm
ty Administrator
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POSITION DESCRIPTION
JOINT PROSECUTING ATTORNEY
The City Councils of Shorewood, Excelsior, and Tonka Bay have
recognized the merits of selecting one attorney to render joint
prosecuting services. It is the intent of this position
description to outline the duties of a prosecuting attorney
appointed separately by the three City Councils.
1.1) Duties and Supervision. During the term of this Agreement,
the Prosecutor agrees to perform the following duties:
1. Prosecution of all petty misdemeanor, misdemeanor and
some gross misdemeanor offenses committed within the
corporate limits of the cities.
2. Preparation of criminal complaints.
3. Evaluate all cases where a plea of not guilty is entered.
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5.
6.
7.
8.
9.
10.
A. Prosecute if warranted
B. Prepare pre-trial Rasmussen notice if required
C. Seek a complete additional investigation if
required
D. Plea bargain where advisable
Represent cities in all pre-trial motions.
Perform all needed legal research and prepare briefs when
required or advisable.
Appear at arraignments.
Try all court or jury cases.
Appear at all pre-trials and trial meetings.
Examine and evaluate whether a case should be appealed.
Prepare appellate briefs and other necessary documents
for all appeals and argue the case at oral arguments.
11. Make an accurate accounting of all hours spent by
activity, at least monthly, to each City.
12. Provide advice, consultation and training where required
to the South Lake Minnetonka Public Safety Department,
and to all other departments of the cities in the
interpretation and enforcement of statutes or ordinances
and investigations of suspected violations, in connection
with the prosecution of criminal cases.
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13. Performs other work as required for the proper discharge
of prosecutorial duties for the cities.
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LETTER OF AGREEMENT
To the Shorewood City Council,
As a duly licensed attorney to practice law in the state of
Minnesota, I agree to perform all the duties outlined in the
attached Joint Prosecuting Attorney Position Description for the
City of Tonka Bay upon appointment by the City Council.
Further I agree to the following:
Term of Employment. The City employs Prosecutor as an attorney for
a term beginning January 1, 1992 and ending on December 31, 1993
unless terminated under the termination paragraph.
Expansion of Joint Services. If the Prosecutor should begin
prosecution services for other Cities, the fee agreement shall be
reopened to examine whether the added efficiency would result in
reduction of fees paid by the cities of Shorewood, Excelsior and
Tonka Bay.
Termination. This Agreement shall terminate as follows:
a) By mutual agreement of the parties.
b) Upon the death of the prosecutor.
c) If the city is dissatisfied with the performance of the
prosecutor it may terminate the agreement upon 30 days
written notice after which the City shall have no further
liability to the prosecutor.
d) In addition, the City shall have the right to terminate
this Agreement immediately upon the occurrence of anyone
of the following events:
1) The revocation or suspension of longer than 30 days
of Prosecutor's license to practice law in the
state of Minnesota.
2) The conviction of Prosecutor of any crime
punishable as a felony involving moral turpitude or
immoral conduct.
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Entire Aqreement: Modifications: waiver. This Agreement
constitutes the entire agreement between the parties pertaining to
the subject matter contained in it and supersedes all prior and
contemporaneous agreements, representations and understandings of
the parties. No supplement, modifications or amendment of this
Agreement shall be deemed, or shall constitute, waiver of any
other provision, whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver.
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Kenneth N. Potts, Esq.
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Date L
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