HomeMy WebLinkAbout15.C.2. Delegation of Authority to Prosecute
IS.C. .<.~
CITY OF SHAKOPEE
Memorandum CONSENT
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Delegation of Authority to Prosecute
DATE: April 10, 2003
INTRODUCTION:
The Council is asked to authorize attorneys from the Scott County Attorney's office the
authority to prosecute criminal matters and civil forfeitures that are under the jurisdiction
of the City of Shako pee.
BACKGROUND:
The City is a member of the Scott Joint Prosecution Association. As such, the SJPA has
been the agency that has done prosecution of criminal offenses (less than felony in
nature) and civil forfeiture matters since the City joined the SJP A in 1996.
On March 1 st, the SJP A, its member cities, the County of Scott, and the Scott County
Attorneys Office entered into a joint powers agreement that will have the SJP A staff
share offices, supervision, and some prosecutorial duties with Scott County. It has since
been determined that a special approval should be given by the City for attorneys of the
Scott County Attorneys Office to have the authority to occasionally do work that is
otherwise the responsibility of the SJP A.
A special two paragraph "Delegation of Authority to Prosecute" has been drafted by the
Scott County Attorneys Office, and gives attorneys for the County Attorneys Office the
authority to prosecute criminal matters and civil forfeitures that are within the jurisdiction
of the City of Shakopee. The City Attorney has reviewed this document, and
recommends approval.
RECOMMENDATION:
I recommend that the City Council authorize the execution ofthe Delegation Agreement.
ACTION REQUIRED:
If the Council concurs, it should, by motion, authorize the Mayor, City Administrator,
and City Clerk to execute the attached "Delegation of Authority to Prosecute" document.
~.. \kcWill
Mark McNeill
City Administrator
MM:th
DELEGATION OF AUTHORITY TO PROSECUTE
The City of Shakopee (the City), a member of the Scott Joint Prosecution
Association (SJP A) has entered into a Joint Powers Agreement, dated March 1, 2003
with Scott County, the SJP A and six other cities within Scott County. Under said Joint
Powers Agreement, the parties have agreed that all attorneys of the SJP A shall work
under the direction of the Scott County Attorney and attorneys who are employees ofthe
SJP A may be assigned to prosecute criminal and forfeiture matters that are within the
jurisdiction of the County. Conversely, assistant county attorneys that are employees of
Scott County may be assigned to prosecute crimes and civil forfeitures that are within the ~
jurisdiction of the City.
The City of Shakopee, pursuant to the Joint Powers Agreement dated March 1,
2003, and approved by the City Council of the City of Shakopee, hereby delegates to
those attorneys that are licensed and appointed assistant county attorneys of the Office of .
the Scott County Attorney, the authority to prosecute criminal matters and civil
forfeitures occurring within the jurisdiction of the City of Shakopee, as described in the
Joint Powers Agreement, as directed by the Scott County Attorney. This delegation of
authority shall remain in full force and effect as long as the City of Shakopee is a party to
the Joint Powers Agreement of March 1, 2003, or its successor agreement.
Dated: April_, 2003
By:
William P. Mars
Mayor, City of Shakopee
Mark McNeill
." ""~
Shakopee City Administrator
Judith S. Cox
Shakopee City Clerk