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10.a Eckberg Lammers_RFP Response Scandia ProsecutionRESPONSE TO REQUEST FOR PROPOSALS FOR PROSECUTION SERVICES Eckberg Lammers, P.C. Joe Van Thomme 1809 Northwestern Ave Stillwater, MN 55082 jvanthomme@eckberglammers.com Telephone: 651-439-2878 www.eckberglammers.com ECKBERGLAMMERS ATTORNEYS AT LAW City of Scandia, Minnesota September 23, 2022 SUBMITTED BY: ii TABLE OF CONTENTS FIRM BACKGROUND ................................................................................................................ 4 INTRODUCTION ........................................................................................................................ 4 BRIEF HISTORY ........................................................................................................................ 4 NUMBER OF ATTORNEYS AND AREAS OF PRACTICE ................................................................... 4 NUMBER OF PARALEGALS/SUPPORT STAFF AND AREAS OF PRACTICE ........................................ 4 OFFICE LOCATIONS .................................................................................................................. 4 CURRENT AND PAST CITY RELATIONSHIPS ................................................................................ 4 ATTORNEY QUALIFICATIONS ................................................................................................. 5 PROSECUTION TEAM ................................................................................................................ 5 QUALIFICATIONS ..................................................................................................................... 7 ACCESSIBILITY TO CITY, PERSONNEL, POLICE OFFICERS ........................................................... 7 PROSECUTION TECHNOLOGY .................................................................................................... 7 CRIMINAL PROSECUTION REFERENCES .............................................................................. 8 FEES ......................................................................................................................................... 9 CONFLICTS OF INTEREST ...................................................................................................... 9 CONCLUSION ..........................................................................................................................10 APPENDIX A ............................................................................................................................11 Roster of Attorneys ............................................................................................................11 APPENDIX B ............................................................................................................................12 SUPPORT PERSONNEL ............................................................................................................12 APPENDIX C ............................................................................................................................13 Represented Municipalities ...............................................................................................13 3 Proposal Summary Firm Eckberg Lammers, P.C. Attorneys 19 Experience Founded in 1949, Eckberg Lammers is one of the most reputable law firms in the Twin Cities Metro. Our attorneys serve individual, business, and municipal clients throughout both Minnesota and Wisconsin. Scope of Services Prosecution Proposed Attorneys Joseph Van Thomme Thomas Weidner Mitchell Sell Fees Annual Flat Fee for the first year of $30,000 4 FIRM BACKGROUND Introduction Eckberg Lammers, P.C. is pleased to submit this Response to the Request for Proposals City Prosecution Services to the City of Scandia, Minnesota. The true strength of the Eckberg Lammers Prosecution team is our focus on partnership with our municipal clients to provide unparalleled service. Our strong relationships coupled with our depth of knowledge in municipal prosecution allow us to provide the highest level of service. The Eckberg Lammers Prosecution team believes in providing compassionate, courageous, and cost-effective representation. We do this through frequent communication, consistent delivery of services, and training our municipal partners. Quite simply, Eckberg Lammers will deliver prosecution services of the highest quality to the City of Scandia. Brief History Eckberg Lammers was established in 1949. Since its founding, the firm has served as civil, prosecution, employment, and special counsel for many municipalities throughout Minnesota and western Wisconsin. The firm’s attorneys and staff value the relationships made with police departments, staff, elected officials, and residents in the municipalities the firm serves. Number of Attorneys and Areas of Practice Eckberg Lammers currently employs 19 attorneys. See Appendix A. Number of Paralegals/Support Staff and Areas of Practice The firm employs more than 30 support staff consisting of paralegals, legal assistants, victim/witness coordinators, office administrator, marketing director, human resources, accounting, law clerks and a receptionist. Of this, our prosecution staff is comprised of seven full time support personnel, who are dedicated to 100 percent prosecution work. We have four legal assistants, three victim witness coordinators, and two designated law clerks. See Appendix B. Office Locations Eckberg Lammers has two main office locations, but our attorneys often work in regional work spaces. Our main Minnesota office is located in Stillwater, Minnesota and we have a second office in downtown Hudson, Wisconsin. Eckberg Lammers also has flexible meeting spaces available throughout the state since we prioritize committing resources towards having a regional presence. Current and Past City Relationships Eckberg Lammers has historically maintained a significant focus in municipal and public-sector practice and, since its inception, has been one of the leading municipal law firms in the Twin Cities metropolitan area and beyond. Our prosecution team currently represents twenty municipalities within a six-county area. See Appendix C for the current resume of municipalities we serve. 5 ATTORNEY QUALIFICATIONS Our philosophy is an individualized, measured response in each case. We understand that cases are not a “one size fits all” proposition, and always keep the goals and safety of the City in mind. Our prosecutors are skilled negotiators when it comes to resolving criminal cases and skilled litigators when it is time to go to trial. We regularly collaborate with community partners, such as victims’ advocacy groups, to ensure cases are resolved in a way that protects victims’ rights and interests. Our prosecution team provides trainings, monthly updates through a prosecution-specific newsletter, ride-alongs with law enforcement, and 24/7 availability to officers. Eckberg Lammers offers a team approach to municipal prosecution. This team of experienced municipal attorneys who will provide comprehensive prosecution services to the City of Scandia. This structure allows for competent, efficient prosecution services inside and outside the courtroom. Given our team approach, experienced prosecutors and staff are always available to provide timely assistance. All of our prosecutors are effective negotiators, confident litigators and subject matter experts in the criminal prosecution field as well as related fields including code enforcement, vehicle forfeiture, and state and federal firearm permit laws. Each member of our prosecution team is well-versed in every aspect of the firm’s cutting-edge technology, and has significant experience using all BCA databases, e-charging criminal complaints, and utilizing other state prosecution programs. Prosecution Team Joseph D. Van Thomme is a shareholder and earned a juris doctor from Hamline University School of Law in 2009. He joined our firm in March 2014, after spending more than four years prosecuting at an Anoka County firm. Joe prosecutes for all the firm’s prosecution clients and advises municipalities and their police agencies on firearms, vehicle forfeitures, administrative law, and criminal and civil ordinance enforcement issues. Like all of our prosecutors and prosecution staff, he has extensive knowledge and experience with the BCA’s e-charging system and meets all BCA security requirements to use that charging platform. Joe serves on the board for Standpoint, formerly known as the Battered Women’s Legal Advocacy Project, which stands to promote justice for domestic and sexual violence victims through education to survivors, advocates, attorneys, and other professionals throughout Minnesota. He is a member of the DWI Task Force and is a presenter at the annual state-wide Towards Zero Death (TZD) law enforcement conference. He is also the former chair and member of the Minnesota State Bar Association Criminal Law Section. Thomas J. Weidner has led our prosecution team for more than 30 years. He has served as the lead prosecutor for the Cities of Woodbury, Northfield, Faribault, Bayport, Oak Park Heights, Grant, Lake St. Croix Beach, Mahtomedi, Lakeland, St. Mary’s Point, Hugo, Marine on St. Croix, and Lake Elmo. In addition to his substantial prosecution duties, Tom maintains a private practice in civil litigation. Tom has focused on the development and implementation of the use of technology in prosecution. By innovating “paperless” file systems, electronic scheduling and the transfer of electronic reports and evidence, our firm can offer more effective prosecution services at a lower cost to our municipal clients and correspondingly reduce the pressure on police staff resources. 6 Mitchell Sell joined the firm in the summer of 2014 as a litigation support assistant. While attending law school, Mitchell also clerked for the Sarpy County Public Defender’s Office in Omaha, Nebraska working on felony level matters. He graduated from Creighton University School of Law, in Omaha, Nebraska in 2020, summa cum laude, and joined Eckberg Lammers full-time to practice in municipal prosecution. He has a passion for being in the courtroom and advocating on behalf of our municipal clients. Imran Ali is a shareholder, attorney, and the Senior Director of Training, Consulting, and Investigation Services. He joined our firm in 2021, after serving over seventeen years as a felony-level prosecutor in the state of Minnesota. His extensive experience is recognized both in the courtroom and community. Imran is nationally recognized for his work both inside and outside of the courtroom and was selected as Minnesota Attorney of the Year in both 2016 and 2020. We are happy to provide additional information upon request regarding these services. Working with victims of crime has provided Imran with the passion needed to succeed in the court room. He has developed law enforcement training programs that employ participates in serving their communities with honor and integrity while being equipped with the appropriate tools in decision-making. Examples of training include: • In Court Testimony • Digital Crime Investigations • Criminal Court 101 • Evidence Based Investigations • Motor Vehicle Searches • Search Warrants • Report Writing • Sex Trafficking • Human Trafficking • Vehicle Stops • Racial Disparities • Vicarious Trauma Kari E. O’Leary began working at Eckberg Lammers in April 2020. She has over eight years of criminal law experience and has exclusively prosecuted for five years. Prior to joining Eckberg Lammers, she prosecuted petty misdemeanors through felony level offenses at the Rice County Attorney’s Office and Morrison County Attorney’s Office. Kari represents the firm’s municipal clients in Rice County, Dakota County and Washington County. She serves as the firm’s lead attorney for the cities of Northfield, Faribault, Dundas, and Morristown. Kari is committed to community service and outreach, particularly in the areas of education and training for the municipalities we represent. She believes that partnering closely with law enforcement and other justice partners provides effective prosecution and achieves fair outcomes. She is an advocate for victims and member of both the Hope Center Board and Blueprint for Safety. Derek T. Archambault joined the firm in December of 2018. He devotes 100 percent of his practice to criminal prosecution. He also works on municipal code enforcement and potentially dangerous/dangerous dog designations. Derek has spent his entire legal career working in criminal prosecution. Derek regularly coordinates trainings and educational materials for police agencies, lawyers and code enforcement officers, and has presented at the annual Minnesota Criminal Justice Institute. He is the co-author of our firm’s prosecution newsletter and prepares and distributes case law updates to all agencies. Derek is also a member of the Minnesota Organized Retail Crime Association (MNORCA), which is a statewide organization that allows retailers, financial institutions, prosecutors and law enforcement to stay updated on criminal activity affecting businesses. 7 Alexis McKim is a recent addition to the firm. She joined our firm in March of this year and devotes 100 percent of her practice to criminal prosecution. Prior to joining the firm, Alexis served as an Assistant County Attorney in Anoka County. Alexis has worked in many parts of the criminal justice system, including work as a pre-trial services agent, a correctional officer, and a probation and parole intern. Annie McCahery is an attorney in our prosecution and civil municipal practice groups. She joined the firm in 2019, while attending law school. Prior to our firm, she worked as a certified student attorney for the Ramsey County Public Defender’s Office and Mitchell Hamline Legal Assistance to Minnesota Prisoners Clinic. She also worked as a summer law clerk for the Innocence Project of Minnesota and volunteered for the Minnesota Justice Foundation. QUALIFICATIONS Accessibility to City, Personnel, Police Officers Because effective and comprehensive prosecution service requires attorneys in court, available in the office and after-hours, the firm’s “team approach” is well-suited to serve the needs of the City. The City and its law enforcement agency will become well-acquainted with all of the firm’s prosecutors and support staff. The City can expect that all of the firm’s prosecutors may appear in court, handle after-hours calls, and handle the day-to-day tasks attendant to criminal prosecution. This approach has served the firm’s clients well and will ensure that the City of Scandia has effective and continuous representation in and out of court. Our primary responsibility to the City is to provide effective, high-quality prosecution services of petty misdemeanor, misdemeanor and gross misdemeanor violations related to criminal, traffic, vehicle forfeiture, appeals and Criminal City Code violations as well as provide relevant, related legal advice. Our support personnel coordinate court appearances, case scheduling, pre-trial and trial discovery compliance, victim/witness coordination, officer court appearance notifications, technical support and conflict checks. The firm is well situated to represent the City and no staffing changes should be required. We will have no problem handling the volume of work associated with providing comprehensive and timely criminal prosecution services to the City of Scandia. Eckberg Lammers has exceptional depth of experienced criminal prosecutors, combined with the strength of our infrastructure, support, and case management systems. Eckberg Lammers views its municipal representation as a collective, and not an individual, effort. Therefore, every attorney and member of the support staff that is knowledgeable in criminal prosecution and municipal law will assist in the City’s legal representation at one time or another. Prosecution Technology Our prosecution department maintains a case management system separate from the rest of our firm for both privacy and efficiency. We maintain paperless files, which allow all our prosecutors and staff to access case files from any location. They system also affords us maximum flexibility and security for file storage and retrieval as well as calendaring, electronic reminders, conflict management and off-site access. 8 The firm has invested in advanced technology systems in areas of case management; data transactions including body worn cameras and dash cameras; and accessibility of documents to outside agencies. Our office also works closely with our law enforcement partners to reduce the City’s internal staffing time regarding document and video evidence duplication and transfer. We utilize a cloud based electronic data transfer system that is compliant with all video storage formats. CRIMINAL PROSECUTION REFERENCES The City of Scandia is encouraged to contact any of Eckberg Lammers’ current clients, we have provided the contact information for the below references. City of Woodbury: Jason Posel, Chief of Police 8301 Valley Creek Road Woodbury, MN 55125 (651) 714-3500 jposel@ci.woodbury.mn.us City of Ramsey: Jeff Katers, Chief of Police 7550 Sunwood Drive NW Ramsey, MN 55303 (763) 427-6812 jkaters@ci.ramsey.mn.us City of Oak Park Heights: Steve Hansen, Chief of Police 14168 Oak Park Blvd N Oak Park Heights, MN 55082 (651) 439-4723 shansen@cityofoakparkheights.com Washington County Dan Starry, Sheriff 15015 62nd Street P.O. Box 3801 Stillwater, MN 55082 (651) 439-9381 sheriff@co.washington.mn.us 9 FEES We propose a flat fee retainer that encompasses all of the proposed prosecution services. The firm will prosecute all matters outlined in the Request for Proposals within the monthly retainer fee described below, including criminal appeals and forfeitures related to DWI offenses. The fees set forth are not adjusted based on who is completing the work. As such, the City of Scandia can be assured that the flat fee retainer will be the total billed in each month (supplemented by hard costs described below). Accordingly, the efficiency and savings generated by this arrangement will be passed on to the City by eliminating the need for a redundant monthly billing summary of the services provided within the flat fee. The annual fee amount will be billed in twelve (12) equal monthly installments. Year 1 Year 2 Year 3 Year 4 Year 5 Flat-Fee (Per year) $30,000 $30,750 $31,520 $32,308 $33,115 Hard Costs Charges passed through at cost: The firm does not charge for the following: • Courier/Delivery Services • WestLaw Research Fees • Process Server Fees • Printing • Civil Filing Fees (forfeitures) • Mileage reimbursement • Appellate Binding Services • Legal assistant services • Office Supplies • Electronic copies of documents • Postage As part of the firm’s comprehensive flat fee for prosecution services, no charges are ever imposed for phone calls. The firm encourages City staff, law enforcement and personnel to contact any of our prosecuting attorneys and support staff without budgetary concerns. If a phone call evolves into a project or work item, that item will be covered by the flat fee retainer agreement. The firm has found this approach to be welcomed by cities, as it provides for unfettered legal advice without imposing financial pressure on the City. CONFLICTS OF INTEREST The list of all public clients for which the firm currently provides services under a fee for services basis or on a retainer basis is contained in Appendix C of this response. The firm does represent the City of Scandia as Civil Municipal Attorney. The firm does not foresee any potential conflict of interest with the City of Scandia that could result from such representation in relation to prosecution matters. The potential for conflicts of interest always exists. The firm maintains a conflict protocol and client registry as required under existing ethics standards for that purpose. The firm is keenly aware that representation of private individuals, real estate developers, contractors and others may impact its municipal clients, and Eckberg Lammers has worked to successfully avoid those conflicts over the years. In the rare event a conflict presents itself, the firm would promptly refer the case for representation, at no additional cost to the city, as we are professionally required to do, and if necessary, we would assist in making the requisite referrals and transition the file to other counsel in an efficient manner. 10 The firm, as a matter of protocol, conducts a conflict check for each prosecution file opened by the firm. The firm also maintains a separate client list in its computer system which notes all clients and adverse parties. CONCLUSION The breadth and depth of our firm’s longstanding experience in representing municipal clients makes Eckberg Lammers uniquely qualified to provide superior, cost-effective prosecution services to the City of Scandia. Our firm has demonstrated an ability and willingness to maintain close, effective working relationships with its municipal clients. We have enjoyed tremendous success prosecuting for cities of all sizes due to our strong infrastructure and skilled, capable attorneys. The commitment of the prosecution team to our clients allow us to deliver the services requested. We welcome the opportunity to provide comprehensive criminal prosecution services to the City of Scandia. Respectfully submitted this 23rd day of September, 2022. ECKBERG LAMMERS, P.C. Joseph Van Thomme (651) 351-2106 jvanthomme@eckberglammers.com 11 APPENDIX A Roster of Attorneys Eckberg Lammers has 18 attorneys who work collaboratively to deliver a full spectrum of legal services for every client. The following is a summary of each attorney’s area(s) of practice: Attorney: Area(s) of Practice: Joseph D. Van Thomme* Municipal Prosecution Thomas J. Weidner* Municipal Prosecution, Civil Litigation Mitchell S. Sell Municipal Prosecution Derek T. Archambault Municipal Prosecution Kari E. O’Leary Municipal Prosecution Imran Ali* Director of Law Enforcement Education & Training Anneliese L. McCahery Municipal Law, Municipal Prosecution Alexis McKim Municipal Prosecution Andrew LeFevour Prosecution Consultant & Training Christopher T. Nelson Municipal Law, Civil Litigation, Labor and Employment Law Lida M. Bannink* Labor and Employment Law, Municipal Law, Civil Litigation Nicholas J. Vivian* Municipal Law, Banking and Finance, Business Law Thomas R. Loonan Municipal Law, Business Law Kevin S. Sandstrom* Municipal Law, Civil Litigation, Worker’s Compensation Eric J. Sherburne Banking and Finance Keith Marnholtz Civil Litigation Patrick J. Boley Estate Planning and Probate Jade Klemmensen Estate Planning Christina Benson Municipal Law * Indicates shareholder(s) 12 APPENDIX B Support Personnel Name Title Practice Area(s) Missy Barstow Legal Assistant Prosecution Sabrina Thorson Legal Assistant Prosecution Elena Di Vita Legal Assistant Prosecution Kelly Deweerd Legal Assistant Prosecution Emily Rekow Legal Assistant Prosecution Taylor Thoreson Victim/Witness Coordinator Prosecution Linda Wikoff Victim/Witness Coordinator Prosecution Andrea Evans Paralegal Real Estate Jenny Brodrick Paralegal Personal Injury Karen Stoltzmann Paralegal Probate Shelley VanDyke Paralegal Municipal Law, Labor & Employment Carol Dawson Paralegal Municipal Law, Labor & Employment, Civil Litigation Danette Langness Paralegal Municipal Law, Banking and Finance, Business Organization Julie Wheeler Legal Assistant Municipal Law, Banking and Finance, Business Organization Shelley de St. Aubin Legal Assistant Estate Planning Sarah Mendenhall Legal Assistant Personal Injury Kathy Wahlman Legal Assistant Civil Litigation Alex Screaton Law Clerk Civil Litigation James Vandenbergh Law Clerk Civil Litigation Brinda Shah Law Clerk Prosecution Chelsey Fischbach Law Clerk Prosecution Amy Crea Law Clerk Prosecution Aimee Schroeder Investigation Specialist LETAC Kayli Thompson Administrative Assistant LETAC Linda Junco Office Administrator Sherry Delong Human Resources Dana Reynolds Marketing Director Jade Buchanan Accounting Assistant Julie Meredith Accounting Assistant Charmagne Banaszek Receptionist 13 APPENDIX C Represented Municipalities Eckberg Lammers has historically maintained a significant focus in municipal and public-sector practice and, since its inception, has been one of the leading municipal law firms in the Twin Cities Metro area and beyond. The following list includes a listing of all current Eckberg Lammers representative municipalities: City Attorney for the Following: Bayport* Blaine East Bethel Forest, WI* Grant* Holdingford+ Hudson, WI* Lake St. Croix Beach Mankato* Mendota Mendota Heights+ New Richmond, WI Oak Park Heights Oakland, WI* Scandia Star Prairie, WI* St. Joseph, WI* St. Mary’s Point Swiss, WI* Trade Lake, WI* Woodbury* Woodmohr, WI* Wyoming Prosecution Services for the Following: Bayport Blaine Circle Pines Crystal Dundas East Bethel Faribault Grant* Lake Elmo* Lake St. Croix Beach Mahtomedi Mankato* Mendota Morristown Newport* Northfield Oak Park Heights Ramsey Robbinsdale St. Mary’s Point Woodbury* *Indicates municipalities the firm has started to represent in the last three years + Indicates municipalities the firm ended representation of in the last three years