4.a Staff Memorandom - Prosecution Services DiscussionPage 1 of 1
City of Scandia
14727 209th St. N. PO Box 128, Scandia, Minnesota 55073
Phone (651) 433 -2274 | Fax (651) 433-5112 | http://www.cityofscandia.com
DATE: December 1, 2021
TO: Honorable Mayor and City Council Members
FROM: Ken Cammilleri, City Administrator
RE: City Prosecution Services
The City of Scandia has retained Attorney Mike Welch as City Prosecutor since its charter in
2007. He also served as Town Prosecutor prior to transitioning to a City. In that time, the
city has not evaluated the performance of this contractor. Further, given the timing of
implementing changes to the City’s code enforcement strategy, a review of this office is due.
For those who are unfamiliar with the functions of a City Prosecutor, the office is
responsible for taking all petty misdemeanor, misdemeanor, and DUI gross misdemeanor
cases that were cited within the City of Scandia to resolution. (Additional details can be
found in the attached RFP.) This means that this office handles changes from any law
enforcement agency that introduces a charge within our municipality, not just those issued
by the Washington County Sheriff’s Office. The office also works with staff to address
enforcement action.
It is recommended that the City Council consider the following options:
1. Recommended – Approve the enclosed Eckberg and Lammers, P.C. proposal for
services. This arrangement will make it easier to coordinate criminal and civil
enforcement actions as the same firm would be performing both functions. (This
firm is currently appointed as City Attorney or civil counsel.) The proposal offers a
flat rate monthly retainer of $1,200 for a cost of $14,400 a year. This cost is within
the City’s proposed 2022 legal budget, which was also included an increase to cover
the cost of potential additional special detail by the Sheriff’s Department for summer
traffic issues.
2. Issue a Request for Proposal (RFP) to solicited firms for service. This option would
include presenting the RFP to attorneys who currently conduct prosecution in
Washington County, including Attorney Welch.
3. Continue to retain the services of Attorney Welch as City Prosecutor.
If a change is approved, the current service contract only requires a written notice on behalf
of the City. Staff would provide this notice based on a new agreement’s start date and will
also file the necessary authorizations for the new prosecutor to have access to the State of
Minnesota’s data systems on behalf of the City.
Please let me know if you have any questions.