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10.a Welch ProposalRECEIVED SEP 2 2 2022 CITY OF SCANDIA APPLICATION OF MICHAEL A. WELCH FOR POSITION OF PROSECUTION ATTORNEY FOR THE CITY OF SCANDIA Michael A. Welch Hebert and Welch, P.A. P.O. Box 188 Forest Lake, MN 55025 651-464-3397 mike@mikewelchlaw.com To: Ken Cammilleri City Administrator City of Scandia 14757 209th Street North Scandia, MN 55073 Re: City of Scandia Request for Qualifications and Proposals for Legal Services Submitted By: Hebert and Welch, P.A. P.O. Box 188 Forest Lake, MN 55025 Telephone: 651-464-3397 Facsimile: 651-464-8664 Email: mike@mikewelchlaw.com 1. Brief history of firm The firm was originated by now retired Judge Howard R. Albertson in the late 1950's in Stillwater, Minnesota. It opened an office in Forest Lake in 1963 with John V. Jergens as its resident partner. The firm conducted a general practice including emphasis in the areas of real estate, estate planning and probate, personal injury, family law and municipal law. Four members of the Firm have become District Court Judges, namely: Howard R. Albertson, J. E. Cass, J. B. Gunderson and David E. Doyscher. We closed the Stillwater office in 1986 and have been located in Forest Lake exclusively since then. 2. Number of attorneys, including number of partners and associates and areas of specialty. David Hebert, formerly the City Attorney for the Cities of Scandia and Forest Lake, retired in 2018. 1 have been essentially a solo practitioner since that time. I was admitted to practice in 1981. My practice areas of concentration included family law, criminal prosecution and criminal defense, but I have focused exclusively on criminal prosecution since 2018. 3. Support personnel: number and expertise The firm has one paralegal: Kellie Olson. Kellie Olson has served as my assistant for three years, processing hundreds of prosecution cases on an annual basis. This includes opening, maintaining and closing all files, ordering certified copies of driver's license records, motor vehicle registration and insurance verification. Kellie also uourdiiiates c untac;ting witnesses, calling off witnesses, preparing correspondence, subpoenas, preparation of formal complaints and processing discovery. She is also my daughter, and makes herself available on the weekend, if necessary, to prepare and file formal complaints for in custody defendants. 4. Office organization and support capabilities The firm is a professional association which is the equivalent of a business corporation. Michael A. Welch is the sole shareholder. 5. Office Location(s) The Firm office is located in my home at 9439 Jewel Lane Court North, Forest Lake, Minnesota, about one mile from the Scandia border. My part time employment with the law firm of Johnson and Turner, which has locations in Forest Lake and Lake Elmo, does provide me with office space if the need arises. 6. Current use of technology A. Capability for computerized legal research and for sharing and editing documents electronically. The Firm has an extensive paper library as well as computerized legal research tools. More importantly, I have established collegial working relationships with other Washington County municipal prosecutors, the Washington and Chisago County Attorney's Offices, the Attorney General's Office, and the Bureau of Criminal Apprehension which is useful for sharing research and addressing complex legal issues when they do arise. B. Capability to provide monthly reports that provide updates on all in -process matters, (including prosecution matters, if applicable) At the completion of every case I send a disposition letter to the officer/deputy and to the City Administrator if the offense involves an ordinance violation. C. Capability to provide monthly invoices that adequately describe all billed activities. I have served as the Prosecuting Attorney for the City of Scandia since its incorporation on January 1, 2007. Prior to that, dating back to 1983, statutory violations were handled by the Washington County Attorney's Office, but I handled the ordinance violations. My fees have always been billed on an hourly basis and I have provided detailed monthly billing. My hourly rate has been $110 per hour, dating back to January 1, 2007. My average monthly billing dating back to 2019 has been as follows: 2019 — $644.42; 2020 — $665.50; 2021 — $1,079.58; 2022 year to date — $785.13. The higher billing for 2021 was the result of one ordinance violation that came on for jury trial on three separate dates involving a significant amount of trial preparation. It is my proposal that I continue to work at the rate of $110 per hour. If the City of Scandia prefers a flat rate fee, I would propose a fee of $1,100 per month. 7. Malpractice insurance coverage: carrier, limits, and exemptions. See attached certificate: The Firm's malpractice carrier is Minnesota Lawyers Mutual Insurance Company. Limits are $1,000,000 per claim and $3,000,000 aggregate. The Firm is not covered for the public issuance of securities nor does it practice in that area. In all of my years serving as a municipal prosecutor, including thirty nine years for the City of Forest Lake, and fifteen years for the City of Scandia, there has never been a malpractice claim based upon my services. 8. Compliance with federal and state laws respecting civil rights. The firm adheres to the following: No person shall on the grounds of race, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of all applicable federal and state laws against distcimination including the Civil Rights Act of 1964. More importantly, Michael A. Welch is vigilant in complying with crime victims' rights and notices as set forth in Minnesota Statute 611A. 8. Attorney Qualifications: Michael A. Welch will serve as the sole attorney for the legal services related to criminal prosecution and vehicle forfeiture files associated with the criminal prosecution. A. Personal. I'm stable. I've been in the same law firm for forty-one years and have lived in the same home for thirty years. My wife and I have six children and twelve grandchildren. I was a charter member of the Forest Lake Rotary and served as its president. I am past president of the 19th District Bar Association and served on the 19th District Ethics Committee for twelve years, six years as chair. I have coached youth baseball, football and fastpitch softball for the communities of Forest Lake, Scandia, and Wyoming for the better part of thirty years. I volunteer as a small group leader in Eagle Brook Church student ministries. 3 B. Academic training and degrees. Michael A. Welch graduated from Forest Lake High School in 1974; graduated Magna Cum Laude from St. Olaf College in 1978; and graduated from the University of Minnesota Law School in 1981. 1 was admitted to practice law by the Minnesota State Bar Associated in October of 1981 and in the United States District Courts in November of 1981 and has been licensed to practice law continuously since that time. C. Description of background and experience. I, Michael A. Welch have handled all legal services related to the prosecution of petty misdemeanor, misdemeanor and gross misdemeanor criminal offenses occurring in the City of Forest Lake since February 1983 and have handled all civil forfeitures related to DWI offenses since the time law went into effect providing for vehicle forfeitures associated with certain DWI cases in 1993. 1 have provided similar service for Scandia since 2007, and the Cities of Hugo, Grant, Lakeland and Marine on the Saint Croix since 2018. I attend all arraignments, rule 8 hearings, omnibus hearings, pre-trial conferences, court trials, jury trials, sentencings, probation violation hearings, probation revocation hearings, and restitution hearings. I attend all pre -trials and trials on civil forfeiture cases, and take depositions where appropriate. I have handled all appellate work related for Forest Lake criminal prosecutions and vehicle forfeitures, successfully defending several criminal convictions and one vehicle forfeiture verdict. When I first started prosecuting for the City of Forest Lake, there were six police officers and the prosecution work constituted twenty to twenty five percent of my caseload. The rest of my practice was devoted to criminal defense work in other jurisdictions and general civil litigation, including family law. My courtroom experience is substantial and varied. I have tried child custody cases, civil jury trials, including wrongful death and many court and jury criminal trials, including felony cases. Doing other work, particularly criminal defense in other jurisdictions, was extremely valuable. Doing selected criminal defense in other jurisdictions gave me a perspective that is a substantial advantage in handling the criminal prosecution files. It allows me to analyze cases from the defendant's and the defense attorney's vantage point. In my capacity as prosecuting attorney for the Cities of Forest Lake, Scandia, Hugo, Grant, Lakeland, and Marine, I have tried in excess of one thousand court trials and more than one Hundred jury trials. While statistics can be misleading, I 4 rarely lose a court trial, and, in thirty nine years of prosecuting, fewer than ten jury trials have resulted in acquittals. Although it is critical to have trial skills, and more importantly, a willingness to try cases, there are three other areas where skill and experience are of more prominent importance: 1) charing decisions; 2) communicating with witnesses, particularly crime victims; and 3) negotiating successful resolutions without having to proceed to trial. I have earned the respect of the Forest Lake Police Department and the Washington County Sheriff's Department, particularly when it comes to making aggressive charging decisions, and would encourage you to reach out to them directly. One of the often unrecognized roles of a City Prosecutor is communicating with witnesses and victims, particularly victims of domestic abuse. I drafted the City of Forest Lake Domestic Abuse Prosecution Plan in 1994. 1 have attended numerous seminars and workshops related to effective prosecution of domestic violence, on my own time, at my own expense. At their twentieth anniversary celebration, the Family Violence Network, the agency that provides domestic abuse victim advocacy for Washington County (they have since merged with Tubman Family Alliance, which now serves Ramsey and Washington Counties) recognized me with a "Special Angel Award" for "extraordinary commitment to the mission and values of Family Violence Network, tireless dedication to families in crisis, and significant contribution to helping end violence in our communities." I was the only Washington County Prosecutor so honored, and one of three in Washington and Ramsey County. I have earned the respect of the Washington County Bench and the defense bar, as a tough, but fair, prosecutor. Defense attorney's know that I am willing to try cases and that I will stand firm when it comes to holding criminal defendants accountable. Negotiating criminal cases is all about leverage and the combination of preparation of the case and command of the law typically puts me in a position to get the best resolution possible for the State.To substantiate this, you are referred to any of the Washington County Judges, any of the Washington County Public Defenders who deal with me regularly, or, most importantly, the Forest Lake Police Department or Washington County Sheriff's Office. D. Continuity. One of the significant advantages of continuing to retain my services for prosecution matters in the City of Scandia is continuity. I am familiar with the City of Scandia, including the City's history, roads, and businesses. In addition to the many cases that are pending, there are additional files where the defendants are still on probation and others where the defendant is in warrant status. I all) already familiar with the cases. When a defendant is referred for prosecution, I 5 know from past experience if the defendant is a repeat offender. I am familiar with the deputies who have been working North Washington County and have a good working relationship with them. E. Accessibility. As the prosecuting attorney for the City of Scandia, I would be available on a daily basis, at all hours, to the Washington County Sheriff's Department and the City of Scandia to answer questions, provide updates, and to make charging decisions. My office is in my home, approximately one mile from the Scandia border, and six miles from Scanida City Hall. As such, my office phone rings into my home, and I am available virtually twenty four hours a day, seven days a week. My assistant is available on weekends in the event there is an in -custody complaint that needs to be prepared over the weekend. F. Experience/Accountability. If the City of Scandia continues to retain my services, you know exactly who will be providing the legal services and who to contact with any questions or concerns. The City will, no doubt, receive applications from larger firms, with more attorneys. I would submit that it is an advantage to have one attorney handling the files from beginning to end, rather than having files passed around to whomever is available for a particular hearing. You will not find a more experienced or committed applicant. G. References. Forest Lake Police Chief Rick Peterson 651-209-9925 401@flpd.com Forest Lake Police Sergeant Jake Ayers 651-325-6590 408@flpd.com Washington County Deputy Chris Majeski 612-741-6573 chris.majeski@co.washington.mn.us Washington County Deputy Zach Boesel 651-338-8174 zachary.boesel@co.washington.mn.us 0