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LAKE ELMO CITY COUNCIL MINUTES 3-5-85 PAGE 3 Mazzara feels that Marshall should also be interviewed and allowed to explain some of the things that would be considered a conflict of interest. The Council interviewed Gregory Tavernier of Castwell & Tavernier for the criminal/prosecutions for the City. In response to the question on how prosecutions would be handled, Mr. Tavernier stated that one city he represents (Oakdale) has the policy that the defendant either "plead to" or "go to trail". This is not the case with other cities he represents, with this decision being made by the City Council interacting with the law enforcement agency involved. There are times when it is actually in the best interest of the city not to try a case. In particular, financial considerations such as paying officers testimony, etc., would be considered when the chances of obtaining a guilty verdict are marginal, at best. In response to a question as to why his bid was lower than the others received, Mr. Tavernier stated the only reason he could bid as low as he did is because he is at the Courthouse so much (about three days a week). Because of this, he is able to account for his travel time and other time out of the office. Also, part of the research he did concerning the Lake Elmo's workload indicated that the City does not take a position on plea bargining, and he submitted his bid on the condition that these same considerations would be continued. If the City Council would take a stand where all DWI's would be tried, he would be caught in a bind, and would be forced to increase his fee in the future. Also, he would be able to contact the Clerk of Court in Washington County and request that Lake Elmo and Oakdale cases be scheduled for the same day, eliminating the need for a second trip to the Courthouse. Mr. Tavernier stated his experience includes over six years of prosecution work for municipalities, and has been in criminal work for almost ten years. He also did criminal defense work in Hennepin County. Dunn pointed out that the prosecuting attorney and the deputies set the precedent on what is going to go to trail versus what is going to be plea bargined. It was the consensus of the council to not change this policy. Mayor Morgan called the regular City Council meeting to order at 7:00 p.m. in the council chambers. Present: Armstrong, Christ, Dunn, Mazzara, City Administrator Klaers, City Engineer Bohrer. 1. Agenda M/S/P Morgan/Dunn - To accept the March 5, 1985 agenda as amended: Add 6A - City Attorney, 6B - Legislative Bulletin. (Motion carried 5-0)