04. Council Request for Action - Reinhardt Family - 18884 Layton Ave. N. Staff Report
Date of Meeting: December 6, 2023
For: Honorable Mayor and Council
From: Kyle Morell, City Administrator
Subject: Request for Council Action – Reinhardt Family – 18884 Layton Ave. N.
Background:
The Reinhardt family has requested the City Council aid them in finding out who vandalized
their property earlier this month. The family has offered a $500 reward for the arrest of the
individual or group of people who vandalized their motorhome. They are asking the City to put
up similar reward money. The family’s request is included in the report.
Discussion:
Can a City offer rewards towards the conviction of criminals for crimes committed within City
limits?
I posed this question to our City Attorney, and he responded with the following:
Per Minnesota statutes, section 471.631, a city’s power to provide rewards is
limited to felony violations. I believe the rationale for limiting a reward to felony
offenses is that a city prosecutes all lesser offenses and should not be mixing its
prosecution role with a civil reward for the same offense.
I reached out to our prosecutors to verify the standards for felony damage to
property.
In order for vandalism or any unlawful damage to property to be deemed a
felony, the damage must have reduced the value of the property by more than
$500, or the costs of repair or replacement exceed $1,000, then the offense is a
felony under Minnesota law.
Under section 609.585(1a), however, if the offender undertook the act due to
the gender or race of the victim(s) as set forth more fully in subdivision 1a, then
the offense may be classified as a felony offense. This a determination to be
made by the Washington County prosecutor’s office.
Therefore, if there is legally admissible evidence establishing damages requiring
repair and replacement in excess of $1000 or loss of property value greater than
$500 or the Washington County Attorney’s Office has determined that the
offense is a felony offense under section 609.585(1a), then the City Council may
approve and offer a reward for information leading to the apprehension of the
criminal(s).
Despite being able to offer rewards for information leading to the apprehension of criminals in
felony cases, staff worries about establishing a precedent where the City might be expected to
offer or match similar rewards proposed by residents in the future.
Attachments:
Request for Council Action – Reinhardt Family