Loading...
HomeMy WebLinkAboutCCMin_04Nov10 CITY OF FALCON HEIGHTS MINUTES November 10, 2004 Mayor Gehrz called the regular Council meeting to order. PRESENT: Mayor Sue Gehrz, Council members Robert Lamb and Peter Lindstrom Also present: City Administrator Heather Worthington ABSENT: Council members Laura Kuettel and Peter Lindstrom COMMUNITY FORUM: There was no commentary from the audience. PRESENTATIONS: City Prosecuting Attorney – Martin Costello – Minnesota’s Domestic Violence Statutes Mayor Gehrz said that once a year the City Prosecuting Attorney, Martin Costello, from the law firm of Hughes and Costello, provides an educational program for the City Council. Because the Council meetings are televised and web streamed on the Internet, other people can also have the benefit of their presentations. Attorney Costello introduced himself and his two associates: Katrina Joseph and Russell Platzek. He said they would be giving a power point presentation and taking turns presenting the material about criminal prosecutions for domestic assault, restraining orders, victim advocacy and firearms disqualification. Criminal Prosecutions Courts are actively prosecuting cases of domestic violence No Contact Orders, orders prohibiting contact between the victim and the aggressor, are commonly requested by the prosecutor, and granted by the court, in criminal cases Caveat: Victim cooperation is important Misdemeanor Arrest Rule – Minn. Stat. 629-34 Police may not make a warrantless arrest for a misdemeanor or gross misdemeanor offense unless the offense is committed in the presence of the arresting officer Domestic Violence Arrests – Minn. Stat. 629.72, subd. 2 An officer cannot merely issue a citation to, and refuse to arrest, an individual charged with harassment, domestic abused, violation of an order for protection, or violation of a domestic abuse no contact order FALCON HEIGHTS CITY COUNCIL MINUTES -2- November 10, 2004 City Prosecuting Attorney – Minnesota’s Domestic Violence Statutes (continued) Assault Laws Minn. Stat.609.224: Fifth-Degree Assault Crime to intentionally (1) cause fear in another of immediate bodily harm or death, or (2) inflict or attempt to inflict bodily harm upon another. Minn, Stat. 609.2242: Domestic Assault Same as Fifth-Degree Assault, but crime must be committed against a “family or household member”. “Family or Household Members” – Defined in Minn. Stat. 518B.01, subd. 2(b) Spouses and former spouses 2. Parents and children 3. Persons related by blood 4. Persons presently residing together, or who have resided together in the past 5. Persons with a child in common, regardless of whether they have been married or have lived together at any time 6. A man and women, if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time 7. Persons involved in a significant romantic or sexual relationship Criminal Prosecution: Restraining Orders – Types of Orders Orders for Protection (Minn. Stat. 518B.01, subd. 6) Harassment/Restraining Orders (Minn. Stat. 609.748.subd. 5) No Contact Orders (Minn. Stat. 518B.01, subd. 22(a) Violation of Court Orders Violation of an Order for Protection Crime to act in violation of an Order for Protection whenever one is granted, and the person to be restrained knows of the existence of the order Violation of a Harassment/Restraining Order Crime to violate the order whenever one is granted, and the person to be restrained knows of the existence of the order Violation of No Contact Order Crime for a person who knows of the existence of a domestic abuse no contact order issued against the person to violate that order Contempt of Court – Minn. Stat. 588.20, subd. 4 Crime for a person to willfully disobey the lawful process or other mandate of a court. Harassment/Stalking – Minn. Stat. 609.749 It is a gross misdemeanor to engage in intentional conduct that the actor knows or has reason to know would cause the victim to feel frightened, threatened, oppressed, persecuted, or intimidated; and that actually causes this reaction on the part of the victim FALCON HEIGHTS CITY COUNCIL MINUTES -3- November 10, 2004 City Prosecuting Attorney – Minnesota’s Domestic Violence Statutes (continued) Qualified Domestic Violence Related Offences (QDVROs) – Minn. Stat. 609.02, subd.16 Violation of domestic abuse order for protection First-fifth degree assault Domestic assault First-fourth degree criminal sexual conduct Malicious punishment of a child Terroristic threats Violation of harassment restraining order Harassment/stalking Similar laws of other states, the U.S., the District of Columbia, tribal lands, and U.S. territories Bail and Conditions of Release – Minn. Stat. 629.471 and 629.72 A judge can impose bail in an amount up to 6 times the maximum fine that may be imposed for the offense Misdemeanors: $6,000 Gross Misdemeanors: $18,000 A judge can impose conditions of release, including: A no contact order An order prohibiting possession of a firearm Prohibition of drug and/or alcohol use Electronic monitoring; or Any other conditions necessary to protect the victim’s safety and ensure the appearance of the defendant at future court proceedings Mandatory Sentencing Guidelines All domestic violence offenses: Minn. Stat. 518B.02, subd. 1 If the defendant is placed on probation, he or she must participate in, and successfully complete, a domestic abuse counseling program or educational program Violation of an OFP: Minn. Stat. 518B.01, subd. 14(b)(c) Misdemeanor: Must serve a minimum of 3 days imprisonment Gross Misdemeanor: Must serve a minimum of 10 days imprisonment Domestic Assault: Minn. Stat. 609.2243, subd. 1 Gross Misdemeanor: Must be sentenced to a minimum of 20 days imprisonment, 96 hours of which must be served consecutively Criminal Prosecution: Victim Advocates Provide moral support for the victim in court proceedings Advocate for the victim’s wishes in criminal case resolutions Provide general support for the victim Provide shelters for victims and their children Assist in obtaining orders for protection and harassment/restraining orders FALCON HEIGHTS CITY COUNCIL MINUTES -4- November 10, 2004 City Prosecuting Attorney – Minnesota’s Domestic Violence Statutes (continued) Firearms Disqualification: State Law Persons convicted of domestic assault, violation of an order for protection, or harassment/stalking, may be prohibited from possession of a pistol for three years from the date of conviction A person convicted of an offense involving the use of a firearm may, at the discretion of the court, be ordered not to possess a firearm for three years up to life Firearms Disqualification: Federal Law Federal law prohibits any person subject to an order for protection from possessing a firearm It also prohibits anyone who has been convicted of a misdemeanor crime of domestic assault from possessing a firearm Firearms Forfeiture If the offender owns or possesses a firearm, and used the firearm in any way in commission of domestic assault, violation of an order for protection, or harassment/stalking, the firearm is subject to forfeiture to the state Challenges to Prosecution Reporting – Many incidents of domestic violence are not reported by the victims, who often fear retaliation, ostracism, and humiliation by the abuser, family, friends and the community Victim Cooperation – Those victims who do report the crime to police may recant or alter their version of events, often in an effort to reconcile with the abuser Goals – City Prosecuting Attorney Work closely with the Saint Anthony Police Department to ensure that reported instances of domestic violence are prosecuted Work closely with the victim advocates for Falcon Heights at the Tubman Family Alliance Obtain appropriate and just results to ensure the safety of victims and the community Council member Talbot asked what percentage of domestic abuse cases involve drug or alcohol abuse. Attorney Costello said that his office prosecutes for five cities in three counties. Drug or alcohol abuse is highly prevalent; well over half the cases; although, in his opinion, it seems that in nearly all of the cases there is alcohol or chemical abuse. Council member Talbot asked if one flows out of the other. Would Attorney Costello be willing to guess that if you could take care of the alcohol or chemical abuse, the domestic abuse wouldn’t happen? Attorney Costello said they occur together but he is not sure if there is a causal relationship. He said he couldn’t say that if you don’t have the drug or alcohol abuse, that the domestic abuse wouldn’t occur. There are other problems within the family or relationship, and it seems that drugs or alcohol tends to lower the inhibitions, reduce judgment and are sometimes used as excuses for bad behavior. FALCON HEIGHTS CITY COUNCIL MINUTES -5- November 10, 2004 City Prosecuting Attorney – Minnesota’s Domestic Violence Statutes (continued) Council member Talbot said these sound like dangerous situations for police to get into. Attorney Costello said they are dangerous and we should be proud of the response that our police give to them. The police are called. Rarely do these things happen in a parking lot. Normally the police are called to the home. They are doing their duty. They are duty bound and would be severely criticized for not responding. Once they arrive they are not always welcome because the perpetrator and the supporters, even the victims, don’t want the police there. At that point the perpetrator is surrounded by the family and protected, and the police are looked at as invaders. It is very dangerous. They have to separate the victim and the abuser and have to be very careful for weapons. Over the years police officers have been attacked, shot and even killed. Council member Talbot asked what restitution means in a domestic assault. Attorney Costello said that restitution is normally paying back the victim for monetary losses. Sometimes domestic assault involves property damage. The person damages the victim’s property. There are cases where the victim’s money has been stolen. Injuries, uncompensated for medical bills are the responsibility of the perpetrator, both monetary and physical. Council member Talbot asked who pays when you talk about imprisonment? Sometimes there are people on work release but they pay a rent to the jail. Attorney Costello said that not all domestic violence cases qualify for work release programs. Normally, these have non-violent offenders. The courts are cautious about that. If an offender is granted that, they have to pay a per diem and should pay for their incarceration. The courts are better at ordering than collecting. Financial problems are also involved in the domestic violence cases as well. Judges are constantly balancing these competing factors in trying to follow the law and they take the domestic violence cases very seriously. Council member Talbot said that while Attorney Costello’s job is to prosecute, what is the outcome for people who go through counseling? Does the situation ever improve and the incidence of domestic violence decrease? Attorney Costello said the situation does improve and he has seen successful probations where defendants have gone through counseling and have not re-offended, to the best of his knowledge. The situation can improve. Has the problem of domestic abuse been solved in a community? He is somewhat skeptical of that. Attorney Costello said domestic abuse is always going to be there in a particular family. There is always going to be that potential. They are in a constant state of recovery, always struggling. Mayor Gehrz asked about the process for issuing the no contact order. How does that work? Attorney Joseph said they are not automatic in the way they are issued. The prosecutor has to request them, using a specific form provided by the court. It is presented to the judge who has the discretion to sign or not sign the order. There are some judges that go off on their own and don’t sign them. FALCON HEIGHTS CITY COUNCIL MINUTES -6- November 10, 2004 City Prosecuting Attorney – Minnesota’s Domestic Violence Statutes (continued) Mayor Gehrz said that, for example, there is a situation where you have a married couple, there is an incident of domestic violence and the man is taken away. There is a no contact order. If the victim needs information that the perpetrator has, is there a process by which communication can occur in a safe way? Attorney Joseph said there are always going to be circumstances where the victim and the abuser will need to have some kind of contact, child care issues, monetary issues, etc. They can utilize a Victim Advocate from the Tubman Family Alliance. It is not uncommon for the Victim Advocate to communicate with all of the parties involved to try and straighten issues out. It is a very fine line for everyone to walk. There are ways to solve those problems. Mayor Gehrz said she had a question about communication between law enforcement, agencies and prosecutors. You have a situation where someone is reported in a shopping mall committing domestic violence on their spouse and a passerby calls that in. The domestic assault occurs in one location but the parties live somewhere else. Does the prosecuting attorney check with the city or county the people live in to see if there is a prior history of domestic abuse? Is that looked into? Attorney Platzek said that one of the things to understand about the system is that everyone is trying to work together. Communication is always a problem and everyone is working hard to improve upon it. The no contact orders typically have strict language included in them. The order is to be enforced throughout the state and any law enforcement agency is directed to enforce the order. Victims are encouraged to carry their copy of the order with them, so that it can be provided to law enforcement on the spot. The system is not perfect but it is always improving. Mayor Gehrz asked if there is anything being advocated at the legislative level to help improve on what we have now in the area of domestic violence. Attorney Costello said that the list of qualified domestic violence offences could be improved. It is an independent crime to interrupt an emergency telephone call, i.e. tear the phone out of the wall or throw a cell phone down and break it. These are common occurrences during domestic violence cases. That should be added to the list of qualified domestic violence. Another change he would like to see is that the State law mirror the Federal law. Under the Federal law, a perpetrator cannot possess a firearm during the time they are subject to a restraining order. That is not true under the current State law. You have to be convicted of the violation first and then there is a much more limited firearms disqualification. In his opinion, that should be expanded so that while an individual is subject to a restraining order, they should not be allowed to possess firearms because they are often used in subsequent domestic violence situations. Another one is that it would help if the State laws required communication. For example, with regard to no contact orders or restraining orders for protection, have it mandated so that this information would be communicated, at least to the county of residence and really state wide. FALCON HEIGHTS CITY COUNCIL MINUTES -7- November 10, 2004 City Prosecuting Attorney – Minnesota’s Domestic Violence Statutes (continued) In response to questions from Council member Talbot about a parent spanking a child in public or a couple arguing in an apartment, Attorney Costello said that what is involved is a question of degree or judgment. Minnesota allows corporal punishment, which is defined as reasonable force, to restrain or correct a child. Malicious punishment goes too far. It is unrestrained, it is not corrective. It goes too far. That is a gross misdemeanor offense. With regard to couples that are arguing: If police are called by the victim or a neighbor, they must investigate. They are obliged to respond, assess and investigate. They don’t automatically arrest someone. They have to determine if there was an assault and who committed it. Then they would make an arrest. That is why there is training and supervision for the police to learn how to make those judgments. The Saint Anthony Police Department does a good job with that. APPROVAL OF MINUTES: The Council minutes dated October 26, 2004 were unanimously approved as presented. PUBLIC HEARINGS: None Scheduled CONSENT AGENDA: Mayor Gehrz said that the General Disbursements amount needs to be adjusted from $96,245.85 to $149,040.85. The City received a check in the amount of $52,795 for State Fire Aid and will be transferring this amount to the Falcon Heights Fire Department’s Fire Relief Association. Lamb moved approval of the Consent Agenda, as outlined below. The motion was unanimously approved. General Disbursements through November 5, 2004: $ 149,040.85 Payroll (10/15/04-10/30/04 $ 11,038.29 2. Transfer of funds ($150,000) from the Water Special Revenue Fund (204) to the Public Safety Capital Project Fund (402) to help fund a new fire truck for 2005 MnDOT Maintenance Resolution Administrator Worthington said the City of Fridley has contacted staff regarding a need to communicate the impact on cities of MnDOT’s lack of maintenance on state-owned roadways that traverse our communities. Fridley is asking cities to consider a resolution that asks MnDOT to regularly maintain guard rail, sound wall, and other fencing in their rights of way, in addition to regular mowing and maintenance of grass and plantings. In Falcon Heights, MnDOT has responsibility for Snelling Avenue. For many years, MnDOT did not mow the median of Snelling very often; as a result, the city received numerous complaints. Staff did communicate this problem to MnDOT; however, they did not increase the frequency of their maintenance and as a result, Falcon Heights’ public works maintenance began mowing the median and boulevards on Snelling Avenue in 1999. FALCON HEIGHTS CITY COUNCIL MINUTES -8- November 10, 2004 MnDOT Maintenance Resolution (continued) Administrator Worthington said the resolution represents a new effort by multiple cities, to draw MnDOT’s attention to this problem. The City of Fridley hopes to convene a meeting between several suburban mayors and the Governor, sometime in early 2005 before the legislative session. They are also recommending that the cities who participate in this effort send a packet of information to their legislative delegation. A brief discussion followed. RESOLUTION 2004-23 Talbot moved adoption of Resolution 2004-23 requesting that MnDOT conduct regular maintenance of their rights of way within City limits. The motion was unanimously approved. 2005 Tree Removal Contract Extension Administrator Worthington said that typically the city takes proposals for tree removals annually. Since these are under the $50,000 statutory competitive bidding cap, the city is not required to bid these contracts. Tree trimming takes place in the winter, when trees are largely dormant. The City currently has a contract for 2004 with S & S Tree Service for tree removals. The trimming contract is a separate contract. S & S has offered to honor their 2004 pricing in 2005, provided that we do not solicit any new proposals for 2005. With increased fuel costs for companies with large fleets, as well as some difficulty in the past in getting proposals from reputable companies, it makes sense to extend the removal contract for one more year. In addition, staff has received many favorable comments about the quality of S & S’s work, and they have provided an excellent response to emergency call-out, routine removals, and special situations, including our Dutch Elm season. Staff reviewed this proposal with the city attorney, and there are no legal impediments to a one-year extension to the contract. Staff is currently researching better, more competitive ways to solicit proposals for the tree contract, and in 2005, will recommend that the city combine the tree trimming and removal contracts into one request for proposals. A brief discussion followed. Council member Lamb commented that while he recognizes S & S is probably giving the City a price break for 2005 and the contract with them is under the $50,000 statutory competitive bidding cap, he would prefer the City bid out all contracts on principle, to ensure the City’s taxpayers are getting the biggest bang for the buck. Council member Talbot said that he talked with City Forester Anita Twaroski and she told him that Dutch elm disease is running rampant through the metro area, requiring the removal of large numbers of trees at additional cost to each community. Also, gas is going up. He would vote to accept S & S’s offer for 2005. FALCON HEIGHTS CITY COUNCIL MINUTES -9- November 10, 2004 2005 Tree Removal Contract Extension (continued) Mayor Gehrz concurred with extending the contract for 2005. Talbot moved that staff be authorized to extend the current tree removal contract with S & S Tree Service through the end of 2005. The motion was approved 2-1, with Gehrz and Talbot voting in favor, Lamb voting no. REPORTS, INFORMATION AND ANNOUNCEMENTS: Council member Talbot reminded the viewing audience to study the City’s newsletter about refuse collection when it arrives in their mail and let the City know what they think. Mayor Gehrz said there will be a special edition of the City newsletter that will be dedicated solely to solid waste collection. The public input process is critical and comments will be accepted until December 30, 2004. Comments will be accepted in three ways: Letters, via fax or via e-mail. The Council will be considering this subject at its regular Council meeting on January 26, 2005 Council member Lamb reminded the viewing audience to take the time to study the newsletter. It is 12 pages in length but is the result of hundreds of pages of research and study by the Solid Waste Commission. It deserves people’s attention. Pay close attention to the rules of how to respond. Mayor Gehrz said the Saint Anthony Police Department utilized an 18 year old individual to do compliance checks at the three businesses that have on or off-sale liquor licenses in Falcon Heights: J’s Liquors, Dino’s Gyros and the Chianti Grill (formerly Ciatti’s). All three businesses refused to sell alcohol to the individual and Mayor Gehrz thanked them for their diligence. Mayor Gehrz said that with regard to the election on November 2, Falcon Heights had a gigantic, wonderful turnout at both of its precincts. Things went very, very smoothly at both precincts and she thanked Deputy Clerk Kodluboy and the election judges for the fantastic job that they did. Administrator Worthington said that Kids Voting went very well. Over 2,000 kids voted and they had a fun time doing it. They hope to do it again in two years. The regular City Council meeting adjourned at 8:15 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk