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2.a GDO Law_RFP Response Prosecution Legal Services Proposal City of Scandia Submitted by: GDO Law Robb L. Olson robbolson@gdolaw.com 4770 White Bear Parkway White Bear Lake, Minnesota September 21, 2022 www.gdolaw.com Phone 651.426.1533 | Fax 651.426.9501 TABLE OF CONTENTS 1) PROSECUTION SERVICES PROPOSAL a) FIRM BACKGROUND 1 b) CURRENT PROSECUTION CLIENTS 3 c) REFERENCES & CLIENT CONTACTS 3 d) CITY AND ATTORNEY RELATIONSHIP 4 e) CONFLICT OF INTEREST 4 f) PROSECUTORIAL PHILOSOPHY 4 g) POLICE TRAINING 5 h) COMPENSATION 5 2) ROBB L. OLSON’S RESUME 8 3) HEATHER A. MONNENS’ RESUME 10 4) C. MATTHEW MOERTEL’S RESUME 11 5) INSURANCE DECLARATION 13 1 A. FIRM BACKGROUND 1. History GDO Law has operated as a professional limited liability company since 2010. The firm practices in the areas of municipal prosecution, business and banking law, real estate, estate planning and probate, and family law. The firm currently prosecutes in Washington, Ramsey, Anoka, and Isanti counties, and represents the cities of St. Paul Park, White Bear Lake, New Brighton, Gem Lake, the Minnesota State Fair, Lino Lakes, Isanti, and Cambridge. We also handle code enforcement matters for four townships in Olmsted County. 2. Number of Attorneys / Availability GDO Law is comprised of ten attorneys, a student law clerk, seven paralegals/ legal assistants, and an office manager. Robb Olson is GDO’s managing partner, and also heads up our prosecution team. GDO Partner Heather Monnens heads up our work in Washington County, and would be the lead prosecutor for Scandia. Robb Olson and associate attorney Matt Moertel would serve as back-up prosecutors. Please see the attached resumes of Robb Olson, Heather Monnens and Matt Moertel for attorney qualifications and professional affiliations. We would not need to hire additional attorneys if we are awarded the prosecution contract for the City of Scandia. Our prosecutors are readily accessible to the police departments we serve during normal work hours. Additionally, we are available by cell phone 24/7 for consultations with police officers as needed, and for weekend probable cause determinations. Any questions by individual officers, requests for charges, or formal complaints are usually answered and completed within the same day of the request. 3. Support Personnel Jody Hudalla is our prosecution assistant and has been with GDO since 2017. Jody has a paralegal degree from Rasmussen College, and previously worked for five years as a Senior Court Clerk in Ramsey County. Jody has extensive experience preparing our criminal cases, interacting with court personnel, defense counsel and prosecution witnesses, as well as interacting with numerous law enforcement agencies. Our prosecution team is also supported by another part-time paralegal, who has extensive experience in criminal law. 4. Appellate and Trial Experience GDO Law has successfully handled many appeals of criminal cases. On an annual basis, our office tries several jury trials, dozens of contested evidentiary hearings in DWI cases, and numerous court trials in traffic ticket cases. Despite being paid 2 a flat monthly fee for our prosecution work, our attorneys vigorously pursue cases for our prosecution clients. 5. Office Location GDO Law’s office is located at 4770 White Bear Parkway, White Bear Lake, Minnesota 55110. Our prosecution department can be reached at 651-426-1533. Our fax number is 651-426-9501. 6. Legal Library / Use of Technology We subscribe to Westlaw, the leading computerized legal research service. We also subscribe to a number of deskbooks/handbooks put out by the Minnesota State Bar Association or Minnesota CLE that cover issues relating to criminal law, DWI law, courtroom evidence and procedure, and municipal law. We have access to resources addressing municipal law issues through the League of Minnesota Cities’ website. We utilize an in-house network server with cloud-based emails, up-to-date computers, and the latest Microsoft Office products. Outlook is utilized for our email communication as well as calendaring court dates and other tasks. Our prosecution department is virtually paperless. All police reports, complaints, and other documents are retained electronically. Instead of paper files, our attorneys bring Microsoft Surface tablets or laptops to court. This allows them to access all court files electronically and obtain up-to-date criminal record checks on defendants. By switching to a paperless prosecution system, it has allowed us to save time preparing and managing our cases, and helps us save paper and reduce our office supply expenses. We are a registered user with MNCIS, the Minnesota Court Information System. Our firm also has access to the Minnesota Government Access (MGA) system, which is an updated and enhanced version of MNCIS. We are proficient in e- Charging and have met all BCA requirements since its adoption many years ago. 7. Statement of 2021 Billings For fiscal year 2021, municipal prosecution work comprised approximately twenty percent of the firm’s overall billings. 8. Malpractice / Ethics Claims & Coverage There have been no malpractice claims or ethics complaints against any of the members of the prosecution team. There are no actions pending or currently under review by the State Board of Professional Responsibility, and we are not aware of any matters that are likely to lead to the filing of a malpractice claim or ethics complaint against our prosecution team. The firm carries malpractice insurance through Minnesota Lawyer’s Mutual, with current limits of liability of $7,000,000 per claim and a $7,000,000 annual aggregate (see attached Declarations page). 3 9. Compliance with Federal & State Laws GDO Law complies with all Federal and State laws respecting civil rights and equal opportunity employment. B. CURRENT PROSECUTION CLIENTS City of White Bear Lake – City Prosecutor from 1997 to present City of Gem Lake – City Prosecutor from 1997 to present City of Lino Lakes – City Prosecutor from 2012 to present City of Saint Paul Park – City Prosecutor from 2016 to present City of New Brighton – City Prosecutor from 2018 to present City of Isanti – City Prosecutor from 2019 to present Minnesota State Fair – Prosecutor from 2021 to present Salem Township (Olmsted County) – 2016 to present Kalmar Township (Olmsted County) – 2016 to present Haverhill Township (Olmsted County) – 2018 to present Cascade Township (Olmsted County) – 2019 to present City of Cambridge – 2022 to present C. REFERENCES & CLIENT CONTACTS John Swenson Public Safety Director for Lino Lakes 651-982-2301 john.swenson@ci.lino-lakes.mn.us Julie Swanson Police Chief for White Bear Lake 651-429-8551 jswanson@whitebearlake.org Jessica Danberg Police Chief for St. Paul Park 651-459-9785 jdanberg@stpaulpark.org Tony Paetznick Public Safety Director for New Brighton 651-288-4102 tony.paetznick@newbrightonmn.gov Travis Muyres Police Chief for Isanti 763-444-4761 tmuyres@cityofisanti.us 4 D. CITY / CITY ATTORNEY RELATIONSHIP As the City Prosecutor, we serve at the appointment and direction of the City Council. We are open to client input from both the police department and city staff regarding the performance of our prosecution work on the City’s behalf. As the prosecutor, however, we are bound by the code of ethics governing our profession to make an independent judgment regarding the prosecution of any particular matter, without regard to political concerns. In terms of communication, we will generally respond to emails or phone calls from city staff or police department personnel the same day, and no longer than 24 hours of any request. E. CONFLICT OF INTEREST GDO Law does not believe that it has or currently represents any clients whose representation may conflict with our ability to provide legal services to the City of Scandia. We do not currently represent any real estate developers in the Cambridge area. Should we identify conflicts of interest arise on any prosecution matter, we are able to resolve such conflicts by referring these matters to other prosecuting agencies. Our office does not have any professional or personal relationships with City Council members or the City of Scandia staff. F. PROSECUTORIAL PHILOSOPHY REGARDING PUBLIC SAFETY As city prosecutors, our cases involve misdemeanor and gross misdemeanor offenses for domestic violence-related cases, DWIs, thefts, traffic, and code violations. We approach these cases as follows: 1. Domestic Violence-Related Cases Our firm attaches the highest importance to domestic violence-related cases. We attempt to obtain qualified domestic violence-related convictions whenever possible so that subsequent offenses are “enhanced,” or charged out at a gross misdemeanor or felony level, ensuring that the full weight of the criminal justice system is utilized to try and deter this behavior. We also try to discern the root cause for domestic violence in a case, and try to tailor the probationary conditions to require mental health or chemical dependency counseling as appropriate. 2. DWI Offenses We also place great emphasis on the prosecution of DWI cases, and do not plea bargain these offenses below the mandatory minimum sentences set forth in the DWI statutes unless the circumstances of the case dictate otherwise. Due to our tough stance on DWI cases, we conduct contested hearings and jury trials in DWI cases on a regular basis. 5 3. Code Violations We are very experienced with handling code or ordinance violation cases. The goal in these cases is compliance, not punishment. We will work closely with the code enforcement department to resolve these cases. For most first-time offenders we will dismiss the case if the code violation is resolved early on. For repeat cases and those cases requiring a trial, we will seek a stayed jail sentence, with a condition of probation that the violation be resolved to the City’s satisfaction within a short period of time to avoid jail. Our experience is that very few code violation cases end in trial. In at least two recent cases, however, offenders have served jail time for repeated violations, which has resulted in speedy resolution of the violations. G. POLICE TRAINING Understanding that the law is continuously changing, we provide ongoing training to our police departments, typically in conjunction with the departments’ training schedules. Areas covered include the ever-changing law relating to DWIs, the handling of domestic violence-related cases, testimony by officers at hearings, and other selected topics. Our firm has extensive experience providing formal training to law enforcement. H. COMPENSATION & CONTRACT TERM The contract shall be for a three-year term, although either party may cancel the contract at any time and for any reason, upon a 90-day written notice to the other party. We propose charging a flat fee of $27,500 per year for the term of the contract. This is for all prosecution services, including the preparation for and attendance at arraignments, pretrials, jury trials, court trials, and appeals relating to all petty misdemeanor, misdemeanor and gross misdemeanor offenses within the City limits. There will be no extra fee for our copying costs, postage, travel time, staff time, periodic training sessions with the police department, or for online research fees. Attorney time spent on vehicle forfeitures would be charged at $120.00 per hour. There would be no charge for appeals. However, if the City is the Appellant because it lost at the trial court, the defendant’s attorney is entitled to recover attorney fees for their work on the appeal, regardless of the outcome, and the City would pay these fees. Any appeal work in such cases would only be done with advance approval from the City. Detailed monthly billing statements outlining work performed will be issued to reflect attorney time spent in one-tenth hour increments on all hourly fee work for forfeitures. The firm will advance and obtain additional reimbursement from the City for any out-of-pocket costs, such as witness fees, service of process fees, couriers, and appeal costs, although these costs should be minimal. ATTORNEYRESUMES ROBB L. OLSON HEATHER A. MONNENS C. MATTHEW MOERTEL 7 Robb L. Olson (651) 426-1533 i robbolson@gdolaw.com BAR MEMBERSHIP Minnesota State Bar, 1984 U.S. District Court, District of Minnesota, 1984 PROFESSIONAL ORGANIZATIONS Minnesota State Bar Association Anoka County Bar Association AWARDS & HONORS Tubman Family Alliance Nominated for award for work as an advocate for victims of domestic violence Mothers Against Drunk Driving (MADD) Acknowledged for outstanding work in prosecuting misdemeanor and gross misdemeanor DWI offenses in White Bear Lake EDUCATION University of Minnesota Law School, Minneapolis, MN Juris Doctor, cum Laude, 1984 Oral Roberts University, Tulsa, OK, Bachelor of Arts, Magna cum Laude, 1981 Major: Theological and Historical Studies WORK EXPERIENCE GDO Law, White Bear Lake, MN Managing Partner, 2010 to present o City Prosecutor for White Bear Lake, New Brighton, Gem Lake, Lino Lakes, St. Paul Park, Isanti, Minnesota State Fair, and four townships in Olmstead county. o Represent private clients in the areas of family law, estate planning, and probate. o Qualified Rule 114 Neutral, Minnesota Supreme Court ADR Neutral Roster Tubman Family Alliance, Minneapolis, MN Volunteer Attorney, 2013 to present, representing victims of domestic assault in Order for Protection cases. Robb Olson Law Office, PLLC, White Bear Lake, MN Partner Attorney, 2006-2010 o City Prosecutor for cities of White Bear Lake and Gem Lake. o Represented clients in the areas of family law, estate planning, and probate. 8 Meslow & Olson, PLLC, White Bear Lake, MN Partner Attorney, 1996-2006 o Practice focused on criminal prosecution for the cities of White Bear Lake and Gem Lake, estate planning, probate, and family law. TeamVantage Molding, Inc., Forest Lake, MN President/Owner, 1987-1996 o Grew small family business from $2 million in sales to become an $8.5 million supplier of precision plastic components to original equipment manufacturers such as 3M Company, Illinois Tool Works, and Alliant TechSystems; sold business to investor. Fabyanske, Westra, Thomson & Hart, PA Minneapolis, MN Associate Attorney, 1984-1987 o Practice focused primarily on construction litigation, real estate and corporate law. U. S. Army, 1975-1978 o Attained rank of Specialist 5 in the Finance Corp. o Honorably discharged, used GI Bill to finance education. 9 Heather A. Monnens (651) 426-3249 i heathermonnens@gdolaw.com BAR MEMBERSHIP Admitted to Minnesota State Bar October 2010 PROFESSIONAL ORGANIZATIONS Board of Trustees, Merrick Inc., Secretary 21st District Ethics Committee Investigator Minnesota State Bar Association Ramsey County Bar Association EDUCATION William Mitchell College of Law, St. Paul, MN Juris Doctor, May 2010 St. Mary’s University of Minnesota, Winona, MN Bachelor of Arts, Magna Cum Laude, May 2007 LEGAL EXPERIENCE GDO Law, White Bear Lake, MN Partner, December 2011 – present o Serve as the city prosecutor for the cities of White Bear Lake, New Brighton, Gem Lake, Lino Lakes, St. Paul Park, Isanti, and Minnesota State Fair. o Prosecuted thousands of cases through all stages of criminal litigation including first appearances, contested omnibus hearings, court trials, jury trials and probation violation hearings. o Drafted legal memoranda and presented oral arguments before the Minnesota Court of Appeals. o Represent clients in family law cases involving divorce, custody, parenting time, division of assets, and spousal maintenance. Mower County, Austin, MN Freeborn County, Albert Lea, MN Judicial Law Clerk, August 2010 – December 2011 o Drafted over 150 memorandum decisions and orders for four district court judges. o Attended various court sessions including criminal and civil trials, custody hearings, probate, juvenile, child protection matters, and civil commitments. o Conducted legal research for criminal, civil, child protection, and family issues. Washington County Public Defender’s Office, Stillwater, MN Certified Student Attorney, June 2008 – May 2009 o Interviewed clients in jail to gather case information for their initial appearance in court. o Represented clients in court by entering their initial plea to the court and arguing conditions of release. o Read juvenile case files, researched pertinent laws, and developed defenses. Tubman Family Alliance, Minneapolis, MN Domestic Abuse Advocate, January – May 2008 10 ͳʹ C. Matthew Moertel (651) 426-3249 i mattmoertel@gdolaw.com BAR MEMBERSHIPS Admitted to Minnesota State Bar October 2017 EDUCATION University of Wisconsin Law School, Madison, WI Juris Doctor, May 2017 Honors: Dean’s List, Fall 2015, Fall 2016 Distinctions: Criminal Law Concentration University of Wisconsin-Madison, Madison, WI Bachelor of Arts, May 2013 Majors: History; Political Science LEGAL EXPERIENCE GDO Law, White Bear Lake, MN Associate Attorney, January 2022 – Present o Serve as the city prosecutor for the cities of White Bear Lake, New Brighton, Gem Lake, Lino Lakes, St. Paul Park, Isanti, Cambridge, and Minnesota State Fair. o Prosecuted hundreds of cases through all stages of criminal litigation including first appearances, contested omnibus hearings, court trials, jury trials, and probation violation hearings. o Represent clients in family law cases involving divorce, division of assets, and spousal maintenance. Minnesota Judicial Branch, St. Paul, MN Judicial Law Clerk to the Honorable Joy D. Bartscher, November 2019-December 2021 o Acquired a thorough working knowledge of Minnesota’s substantive and procedural criminal law o Successfully navigated the transition to conducting court virtually as the COVID-19 pandemic evolved while working with Judge Bartscher as the presiding Judge of the Criminal Division o Took a leading role among law clerks in assisting court administration in developing and piloting new procedures to meet the challenges of the pandemic o Analyzed legal issues before the Court and provided insight to Judge Bartscher in issuing orders. Drafted over 200 orders and legal memoranda. Wisconsin State Public Defender, Eau Claire, WI Staff Attorney, May 2018-November 2019 o Represented indigent clients across a variety of cases, including felonies, misdemeanors, civil commitments, juvenile delinquency, CHIPS, child support, and probation violation hearings o Negotiated, worked collaboratively, and developed professional relationships with prosecutors and corporation counsel in Eau Claire and Chippewa Counties o Litigated a variety of evidentiary motions o Maintained a holistic, compassionate, client-centered practice, and went above and beyond to ensure client needs were met 11 ͳ͵ Hennepin County Public Defender, Minneapolis, MN Law Clerk, May 2016-August 2016 Wisconsin Innocence Project, Madison, WI Student Attorney, June 2015-May 2016 ADDITIONAL INFORMATION Eagle Scout Troop 212, Vadnais Heights, MN (September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ll other terms and conditions remain the same. Words and phrases that appear in all capital letters have special meaning. Please refer to the Definitions section of the coverage form. MLM-0019 (06-18) Page 1 of 1 Named Insured Endorsement Number Duea, Olson & Tiede, PLLC d/b/a GDO Law 1 Policy Number Policy Period Effective Date 19859 18 1/1/2022 - 1/1/2023 1/3/2022 Prior Acts Retroactive Date Endorsement It is understood and agreed the PRIOR ACTS RETROACTIVE DATES for the following INSUREDS are listed below. The PRIOR ACTS RETROACTIVE DATES are effective 12:01 a.m. at the address of the NAMED INSURED. INSUREDS PRIOR ACTS RETROACTIVE DATES C. Matthew Moertel 1/3/2022 $2,171.00 ADDITIONAL PREMIUM 14