5.5. SR 02-13-2006
City of Elk River Item Number
5.5.
REQUEST FOR COUNCIL ACTION
Agenda SectionMeeting DatePrepared by
WorksessionFebruary 13, 2006Lori Johnson, City Administrator
Item DescriptionReviewed by
Discuss City Organizational Structure Relating to Prosecuting
Attorney
Introduction
This item was added to the January worksession by Councilmember Farber and is being brought back for
discussion as requested by the Council when both Prosecuting Attorney Chris Johnson and Police Chief
Jeff Beahen could be in attendance.
Discussion
There are three issues that staff researched regarding prosecuting services: First, how do other cities
handle prosecuting services? Second, to whom does the prosecuting attorney report? Third, is there a
conflict if the attorney reports to the police chief?
The answer to the first issue is that Elk River is unique; only a few, mainly larger, cities have in-house
prosecuting attorneys. Of those cities, most, if not all, have a legal department with staff attorneys
providing civil and prosecuting services. In this case, the prosecuting attorney reports to the city
attorney. Most cities contract with a legal firm for their prosecuting services.
In the cities with contracted prosecuting services, most report to the police chief. Most in-house
prosecuting attorneys report to the city attorney if there is one on staff or to the city administrator.
Finally, is there a conflict if the attorney reports to the police chief? Clearly, the prosecuting attorney
needs to be allowed to exercise independent judgment to decide whether or not to prosecute a case. To
eliminate any potential conflict, it is more appropriate that the prosecuting attorney report to the city
administrator.
Staff will be prepared to discuss this issue and to answer the Council’s questions at the worksession on
Monday. Both short and long-range plans for this department should be identified and considered before
any decisions or changes are made.
Financial Impact
None.
Attachments
None.
Action Requested
This is a discussion item; no action is required.
Council Action
Motion by Second by Vote
Follow Up