HomeMy WebLinkAbout#04 - ProsecutionDATE: October 12, 2021
DISCUSSION
AGENDA ITEM: Interview Applicants for City Attorney for Prosecution Services
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: The city’s current prosecution services ends the end of 2021. At the August work session the council indicated they wanted to issue a Request for Proposals (RFP) for prosecution services and also wanted to interview the candidates. The RFP was issued on August 16 with proposals due September 10, 2021.
ISSUE BEFORE COUNCIL: What questions does the council have of the applicants for city prosecutor?
PROPOSAL: The city received two proposals for prosecution services. Summary of Proposals:
Eckberg Lammers Kelly & Lemmons
History Founded in 1949 Established in 1974
Office Stillwater St. Paul
Attorneys 18 8 Support Personnel 22 2 Main Attorney for Lake Elmo Thomas Weidner Joe Kelly
Fees $51,000 1st year $53,040 2nd year $55,162 3rd year $57,368 4th year
$48,000 annually ($4,000 monthly cap could be less). Bill for mileage at IRS rate.
Each firm has been invited to give a 10 minute presentation and then answer questions from council. Eckberg previously served as the city prosecutor in 2016-17. Kelly and Lemmons has represented a number
of Lake Elmo residents and businesses in matters with the city. FISCAL IMPACT: The budget for prosecution services for 2022 is $51,000. OPTIONS: Provide direction to staff on which firm council would select for prosecution services so a contract can be prepared for approval at future meeting. ATTACHMENTS:
• Proposal from Eckberg Lammers
• Proposal from Kelly and Lemons
PROVISION OF PROSECUTING ATTORNEY SERVICES
Eckberg Lammers, P.C.
Joe Van Thomme
1809 Northwestern Ave
Stillwater, MN 55082
jvanthomme@eckberglammers.com
Telephone: 651-439-2878www.eckberglammers.com
ECKBERGLAMMERS
ATTORNEYS AT LAW
City of Lake Elmo, Minnesota
September 3, 2021
SUBMITTED BY:
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TABLE OF CONTENTS
FIRM BACKGROUND ................................................................................................................ 3 INTRODUCTION ........................................................................................................................ 3
BRIEF HISTORY ........................................................................................................................ 3
NUMBER OF ATTORNEYS AND AREAS OF PRACTICE ................................................................... 3
SUPPORT PERSONNEL & STAFFING ........................................................................................... 3
OFFICE LOCATIONS .................................................................................................................. 3
CURRENT AND PAST CITY RELATIONSHIPS ................................................................................ 3
ATTORNEY QUALIFICATIONS ................................................................................................. 4 PROPOSED ATTORNEY ............................................................................................................. 4
PROPOSED ASSISTANT ATTORNEYS .......................................................................................... 4
QUALIFICATIONS ..................................................................................................................... 5
ACCESSIBILITY TO CITY, PERSONNEL, POLICE OFFICERS ........................................................... 5
PROSECUTION TECHNOLOGY .................................................................................................... 6
CRIMINAL PROSECUTION REFERENCES .............................................................................. 6 FEES ......................................................................................................................................... 7 CONFLICTS OF INTEREST ...................................................................................................... 7 CONCLUSION ........................................................................................................................... 8 APPENDIX A ............................................................................................................................. 9 Roster of Attorneys ............................................................................................................. 9
APPENDIX B ............................................................................................................................10 SUPPORT PERSONNEL ............................................................................................................10
APPENDIX C ............................................................................................................................11
Represented Municipalities ...............................................................................................11 STATEMENTS OF QUALIFICATION
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Proposal Summary
Firm Eckberg Lammers, P.C.
Attorneys 18
Experience
Founded in 1949, Eckberg Lammers is one of the most reputable law firms in the Twin Cities Metro. Our attorneys serve individual, business, and municipal clients throughout both Minnesota and
Wisconsin.
Scope of Services Prosecution
Proposed Attorneys Thomas Weidner
Fees Annual Flat Fee for the first year of $51,000.
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FIRM BACKGROUND
Introduction
Eckberg Lammers, P.C. is pleased to submit this Response to the Request for Proposals City Prosecution Services to the City of Lake Elmo, Minnesota.
The true strength of the Eckberg Lammers Prosecution team is our focus on partnership with our municipal clients to provide unparalleled service. Our strong relationships coupled with our depth
of knowledge in municipal prosecution allow us to provide the highest level of service. The Eckberg Lammers Prosecution team believes in providing compassionate, courageous, and cost-effective representation. Quite simply, Eckberg Lammers will deliver prosecution services of the highest quality to the City of Lake Elmo. Brief History
Eckberg Lammers was established in 1949. Since its founding, the firm has served as civil, prosecution, employment, and special counsel for many municipalities throughout Minnesota and western Wisconsin. The firm’s attorneys and staff value the relationships made with police departments, staff, elected officials, and residents in the municipalities the firm serves.
Number of Attorneys and Areas of Practice
Eckberg Lammers currently employs 18 attorneys. See Appendix A.
Support Personnel & Staffing
The firm employs more than 22 support staff consisting of paralegals, legal assistants, an office administrator, a marketing director, bookkeepers, law clerks, and a receptionist. See Appendix B. The firm does not anticipate any immediate staffing changes should it be appointed as City Attorney.
Office Locations
Eckberg Lammers has two main office locations, but our attorneys often work in regional work spaces. Our main Minnesota office is located in Stillwater, Minnesota and we have a second office in downtown Hudson, Wisconsin. Eckberg Lammers also has flexible meeting spaces available throughout the state since we prioritize committing resources towards having a regional presence. Stillwater Office 1809 Northwestern Ave Stillwater, MN 55082
Phone: (651) 439-2878 Fax: (651) 429-2923 Email: contact@eckberglammers.com
Hudson Office 430 Second Street Hudson, WI 54016
Phone: (715) 386-3733 Fax: (715) 386-6456 Email: contact@eckberglammers.com
Current and Past City Relationships
Eckberg Lammers has historically maintained a significant focus in municipal and public-sector practice and, since its inception, has been one of the leading municipal law firms in the Twin Cities metropolitan area and beyond. Our prosecution team currently represents nineteen municipalities
within a six county area. Our Civil Municipal team represents eighteen municipalities, ten in Minnesota and eight in Wisconsin. See Appendix C for the current resume of municipalities we serve.
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ATTORNEY QUALIFICATIONS
Our philosophy is an individualized, measured response in each case. We understand cases are not a “one size fits all” proposition, and always keep the goals and safety of the City in mind. Our prosecutors are skilled negotiators when it comes to resolving criminal cases and skilled litigators when it is time to go to trial. We regularly collaborate with community partners, such as victims’ advocacy groups, to ensure that cases are resolved in a way that protects victims’ rights and interests.
The Eckberg Lammers team of experienced municipal attorneys will provide comprehensive prosecution services to the City of Lake Elmo. This structure allows for competent, efficient prosecution services inside and outside the courtroom. Given our team approach, experienced
prosecutors and staff are always available to provide timely assistance.
All of our prosecutors are effective negotiators, confident litigators and subject matter experts in the criminal prosecution field as well as related fields including code enforcement, vehicle
forfeiture, and state and federal firearm permit laws. Each member of our prosecution team is well-versed in every aspect of the firm’s cutting edge technology, and has significant experience using all BCA databases, e-charging criminal complaints, and utilizing other state prosecution
programs.
Proposed Attorney
Thomas J. Weidner has led our prosecution team for more than 30 years. He has served as the lead prosecutor for the Cities of Woodbury, Northfield, Faribault, Bayport, Oak Park Heights, Grant, Lake St. Croix Beach, Mahtomedi, Lakeland, St. Mary’s Point, Hugo, and Marine on St. Croix. In addition to his substantial prosecution duties, Tom maintains a private practice in civil litigation. Tom has focused on the development and implementation of the use of technology in prosecution. By innovating “paperless” file systems, electronic scheduling and the transfer of electronic reports and evidence, our firm can offer more effective prosecution services at a lower cost to our municipal clients and correspondingly reduce the pressure on police staff resources.
Proposed Assistant Attorneys
Joseph D. Van Thomme is a shareholder and earned a juris doctor from Hamline University
School of Law in 2009. He joined our firm in March 2014, after spending more than four years prosecuting at an Anoka County firm. Joe prosecutes for all the firm’s prosecution clients and advises municipalities and their police agencies on firearms, vehicle forfeitures, administrative
law, and criminal and civil ordinance enforcement issues. Like all of our prosecutors and prosecution staff, he has an extensive knowledge of and experience with the BCA’s e-charging system and meets all BCA security requirements to use that charging platform. Joe serves on the board for Standpoint, formerly known as the Battered Women’s Legal Advocacy Project, which stands to promote justice for domestic and sexual violence victims through education to survivors, advocates, attorneys, and other professionals throughout Minnesota. He is a member of the DWI Task Force and is a presenter at the annual state-wide Towards Zero
Death (TZD) law enforcement conference. He is also the former chair and member of the Minnesota State Bar Association Criminal Law Section.
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Derek T. Archambault joined the firm in December of 2018. He devotes 100 percent of his practice to criminal prosecution. He also works on municipal code enforcement and potentially
dangerous/dangerous dog designations. Derek has spent his entire legal career working in criminal prosecution. Derek regularly coordinates trainings and educational materials for police agencies, lawyers and code enforcement officers, and has presented at the annual Minnesota Criminal Justice Institute. He is the co-author of our firm’s prosecution newsletter and prepares and distributes case law updates to all agencies. Derek is also a member of the Minnesota Organized Retail Crime Association (MNORCA), which is a statewide organization that allows retailers, financial institutions, prosecutors and law enforcement to stay updated on criminal activity affecting businesses. Kari E. O’Leary began working at Eckberg Lammers in April 2020. She has over eight years of criminal law experience and has exclusively prosecuted for five years. Prior to joining Eckberg Lammers, she prosecuted petty misdemeanors through felony level offenses at the Rice County
Attorney’s Office and Morrison County Attorney’s Office. Kari represents the firm’s municipal clients in Rice County, Dakota County and Washington County. She serves as the firm’s lead attorney for the cities of Northfield, Faribault, Dundas, and Morristown.
Kari is committed to community service and outreach, particularly in the areas of education and training for the municipalities we represent. She believes that partnering closely with law enforcement and other justice partners provides effective prosecution and achieves fair outcomes. She is an advocate for victims and member of both the Hope Center Board and Blueprint for Safety. Imran Ali is a shareholder, attorney, and the Director of our Law Enforcement Education and
Training program. He is a recent addition to our firm, after serving over seventeen years as a felony-level prosecutor in the state of Minnesota. His extensive experience is recognized both in the courtroom and community. Imran is nationally recognized for his work both inside and outside
of the courtroom and was selected as Minnesota Attorney of the Year in both 2016 and 2020
QUALIFICATIONS
Accessibility to City, Personnel, Police Officers
Because effective and comprehensive prosecution service requires attorneys in court, available in the office and after-hours, the firm’s “team approach” is well-suited to serve the needs of the City. The City and its law enforcement agency will become well-acquainted with all of the firm’s prosecutors and support staff.
This approach has served the firm’s clients well and will ensure that the City of Lake Elmo has effective and continuous representation in and out of court. Our prosecution team is recognized as a leader in each community we serve and our prosecutors have decades of experience training
law enforcement on issues related to law enforcement authority, constitutional issues, and procedures.
Should the firm be selected to represent the City as criminal prosecutors, no staffing changes
should be required. We will have no problem handling the volume of work associated with providing comprehensive and timely criminal prosecution services to the City of Lake Elmo. Eckberg Lammers has exceptional depth of experienced criminal prosecutors, combined with the
strength of our infrastructure, support, and case management systems.
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Eckberg Lammers views its municipal representation as a collective, and not an individual, effort. Therefore every attorney and member of the support staff that is knowledgeable in criminal
prosecution and municipal law will assist in the City’s legal representation at one time or another.
Prosecution Technology
Our prosecution department maintains a case management system separate from the rest of our firm for both privacy and efficiency. We maintain paperless files, which allow all our prosecutors and staff to access case files from any location. They system also affords us maximum flexibility and security for file storage and retrieval as well as calendaring, electronic reminders, conflict management and off-site access.
CRIMINAL PROSECUTION REFERENCES
The City of Lake Elmo is encouraged to contact any of Eckberg Lammers’ current clients, we have provided the contact information for the below references.
City of Woodbury: Lee Vague, Chief of Police 8301 Valley Creek Road Woodbury, Minnesota 55125 (651) 714-3500 lvague@ci.woodbury.mn.us City of Bayport: Laura Eastman, Chief of Police 294 N Third Street
Bayport, MN 55003 (651) 275-4404 leastman@ci.bayport.mn.us
City of Oak Park Heights: Steve Hansen, Chief of Police
14168 Oak Park Blvd N Oak Park Heights, MN 55082 (651) 439-4723 shansen@cityofoakparkheights.com
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FEES
We propose a flat fee retainer that encompasses all of the proposed prosecution services included in the “Criminal Prosecution Services Covered by Retainer” section. The firm will prosecute all matters outlined in the Request for Proposals within the monthly retainer fee described below,
including criminal appeals and forfeitures related to DWI offenses. The fees set forth are not adjusted based on who is completing the work. As such, the City of Lake Elmo can be assured that the flat fee retainer will be the total billed in each month (supplemented by hard costs
described below). Accordingly, the efficiency and savings generated by this arrangement will be passed on to the City by eliminating the need for a redundant monthly billing summary of the services provided within the flat fee. The annual fee amount will be billed in twelve (12) equal monthly installments.
Year 1 Year 2 Year 3 Year 4
Flat-Fee (Per year) $51,000 $53,040 $55,162 $57,368
Hard Costs
Charges passed through at cost: The firm does not charge for the following:
• Courier/Delivery Services • WestLaw Research Fees
• Process Server Fees • Printing
• Civil Filing Fees (forfeitures) • Mileage reimbursement
• Appellate Binding Services • Legal assistant services
• Office Supplies
• Electronic copies of documents • Postage
CONFLICTS OF INTEREST
The list of all public clients for which the firm currently provides services under a fee for services
basis or on a retainer basis is contained in Appendix C of this response. The firm does not foresee any potential conflict of interest with the City of Lake Elmo that could result from such representation. Eckberg Lammers does not currently represent, and has not represented in the past, any public or private client where the representation may conflict with the firm’s ability to serve as criminal prosecutors for the City. Eckberg Lammers does not currently represent any real estate developers doing business with the City of Lake Elmo, or anticipating doing business with the City of Lake Elmo.
The potential for conflicts of interest always exists. The firm maintains a conflict protocol and client registry as required under existing ethics standards for that purpose. The firm is keenly aware that representation of private individuals, real estate developers, contractors and others may impact its municipal clients, and Eckberg Lammers has worked to successfully avoid those conflicts over the years. In the rare event a conflict presents itself, the firm would promptly refer the case for representation, at no additional cost to the city, as we are professionally required to do, and if necessary, we would assist in making the requisite referrals and transition the file to
other counsel in an efficient manner.
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The firm, as a matter of protocol, conducts a conflict check for each prosecution file opened by the firm. The firm also maintains a separate client list in its computer system which notes all clients
and adverse parties.
CONCLUSION
The breadth and depth of our firm’s longstanding experience in representing municipal clients
makes Eckberg Lammers uniquely qualified to provide superior, cost-effective prosecution services to the City of Lake Elmo. Our firm has demonstrated an ability and willingness to maintain close, effective working relationships with its municipal clients. We have enjoyed tremendous
success prosecuting for cities of all sizes due to our strong infrastructure and skilled, capable attorneys. The commitment of the prosecution team to our clients allow us to deliver the services requested. We welcome the opportunity to provide comprehensive criminal prosecution services to the City of Lake Elmo.
Respectfully submitted this 3rd day of September, 2021.
ECKBERG LAMMERS, P.C.
Joseph Van Thomme
(651) 351-2106
jvanthomme@eckberglammers.com
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APPENDIX A
Roster of Attorneys
Eckberg Lammers has 18 attorneys who work collaboratively to deliver a full spectrum of legal
services for every client. The following is a summary of each attorney’s area(s) of practice:
Attorney Area(s) of Practice
Joseph D. Van Thomme* Municipal Prosecution
Thomas J. Weidner* Municipal Prosecution, Civil Litigation
Derek T. Archambault Municipal Prosecution
Kari E. O’Leary Municipal Prosecution
Imran Ali* Director of Law Enforcement Education & Training, Personal Injury, Civil Litigation
Anneliese L. McCahery Municipal Law, Municipal Prosecution
Pamela J.F. Whitmore* Municipal Law, Rule 114 Qualified Neutral- Minnesota, Municipal Law, Civil Litigation, Labor and Employment Law
Christopher T. Nelson Municipal Law, Civil Litigation, Labor and Employment Law
Lida M. Bannink* Labor and Employment Law, Municipal Law, Civil Litigation
Nicholas J. Vivian* Municipal Law, Banking and Finance, Business Law
Thomas R. Loonan Municipal Law, Business Law
Kevin S. Sandstrom* Municipal Law, Civil Litigation, Worker’s Compensation
Eric J. Sherburne Banking and Finance
Ashley M. Kemplin-Gamm Commercial Real Estate, Municipal Real Estate
Patrick J. Sweeney Municipal Law, Civil Litigation
Mitchell S. Sell Civil Litigation, Municipal Prosecution
Patrick J. Boley Estate Planning and Probate
Jade Klemmensen Estate Planning and Probate
* Indicates shareholder(s)
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APPENDIX B
Support Personnel
The firm has a stable and consistent staff base that has steadily grown over time. All positions are filled with employees who have the experience and knowledge to meet the requirements of the firm’s municipal clients. Our support is as follows:
Name Title Practice Area(s)
Missy Barstow Legal Assistant Prosecution
Kelly Salo Legal Assistant Prosecution
Julie Meredith Legal Assistant Prosecution
Kelly Deweerd Legal Assistant Prosecution
Taylor Thoreson Victim/Witness Coordinator Prosecution
Linda Wikoff Victim/Witness
Coordinator Prosecution
Heather Blesener Legal Assistant Municipal Law, Labor & Employment
Carol Dawson Paralegal Municipal Law, Labor & Employment, Civil Litigation
Danette Langness Paralegal Municipal Law, Banking and Finance, Business Organization
Julie Wheeler Legal Assistant Municipal Law, Banking and Finance, Business Organization
Andrea Evans Paralegal Real Estate
Jenny Brodrick Paralegal Personal Injury
Karen Stoltzmann Paralegal Probate
Kathy Wahlman Legal Assistant Civil Litigation, Workers’ Compensation
Shelley de St. Aubin Legal Assistant Estate Planning
Alex Screaton Law Clerk
Andrea Glover Law Clerk
Mark Pottenger Office Administrator
Linda Junco Accountant
Dana Reynolds Marketing Director
Jade Buchanan Accounting Assistant
Charmagne Banaszek Receptionist
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APPENDIX C
Represented Municipalities
Eckberg Lammers has historically maintained a significant focus in municipal and public-sector practice and, since its inception, has been one of the leading municipal law firms in the Twin Cities Metro area and beyond. The following list includes a listing of all current Eckberg
Lammers representative municipalities: City Attorney for the Following:
Bayport Blaine
East Bethel Forest, WI
Hudson, WI Lake St. Croix Beach Mankato Mendota
New Richmond, WI
Oak Park Heights Scandia
Star Prairie, WI St. Joseph, WI
St. Mary’s Point Swiss, WI Trade Lake, WI Wyoming
Woodmohr, WI
Prosecution Services for the Following:
Bayport Blaine Circle Pines Crystal Dundas East Bethel Faribault Lake St. Croix Beach Mahtomedi Mankato
Mendota Morristown Newport Northfield Oak Park Heights Ramsey Robbinsdale St. Mary’s Point Woodbury
651-351-2119
tweidner@eckberglammers.com
Thomas Weidner
Attorney
Stillwater Office
1809 Northwestern Avenue Stillwater, MN 55082Phone: 651-439-2878Fax: 651-439-2923
Areas of Practice
Prosecution
Municipal Civil Counsel
Bar Admissions
Minnesota
Wisconsin
U.S. District Court
District of Minnesota
U.S. District Court
Western District of Wisconsin
U.S. District Court
Eastern District of Wisconsin
U.S. Court of Appeals
Seventh Circuit
U.S. Court of Appeals
Eighth Circuit
United States Supreme Court
Education
University of Wisconsin, Madison, WI
J.D.
University of Wisconsin, Madison, WI
B.A.
Professional Affiliations
Minnesota State Bar Association
Member
Former Member - Board of Governors
State Bar of Wisconsin
Member
19th District Bar Association Member, Past President
Washington County Bar Association
Member
Minnesota Association for Justice
Member
American Association for Justice
Member
National Association of Crime Victims
Member
Washington County Law Library
Member, Board of Trustees
Community Involvement
Stillwater City Council
Elected Member
Stillwater Comm. Foundation
Past Member, Founding Chair
Stillwater Area Basketball Association
Former Chair, Coach
Stillwater Area HS Mock Trial Team
Volunteer Coach
American Heart Association, St. Croix
Valley, Former President
Washington County City Prosecutors
Association
Tom Weidner is a shareholder at Eckberg Lammers and concentrates his
practice in criminal prosecution services and civil litigation. Since joining the firm
in 1990, Tom has spent nearly three decades serving as prosecutor for Minnesota
cities small and large, such as Woodbury, Faribault, Bayport, Lake St. Croix
Beach, Mahtomedi, Northfield, Oak Park Heights, St. Mary’s Point, Robbinsdale
and Faribault.
Tom is currently the supervising attorney for our Municipal Prosecution practice
and the primary client contact for all criminal prosecution matters.
His litigation practice is concentrated primarily in the areas of plaintiffs’
negligence and liability cases.
Tom lives in Stillwater, MN with his wife. He has two children and is active in the
community.
About Eckberg Lammers, P.C.
Founded in 1949, Eckberg Lammers, P.C. is a fixture in the Twin Cities metropolitan
area. With offices in Stillwater and Hudson, our attorneys serve clients throughout
Minnesota and Wisconsin across a wide platform of practice areas. Our mission is to
Build and Strengthen Communities through long-term relationships with
municipalities, financial institutions, business and individuals to creatively solve legal
needs.
Case review & charging decision
Court appearances
e-charging
Trial practice
On-call prosecution services
Law Enforcement training & seminars
ECKBERGLAMMERS
ATTORNEYS AT LAW
651-351-2106
jvanthomme@eckberglammers.com
Joe Van Thomme
Attorney
Joe is a shareholder and attorney in our Municipal practice area and serves as
one of our lead criminal prosecutors. From charges and arraignment to jury
verdict and sentencing, he regularly handles all facets of misdemeanor
prosecution for the cities we serve.
He focuses his practice in criminal prosecution for many of the communities
we represent. From charges and arraignment to trial, verdict and sentencing,
along with contested evidentiary hearings and probation violations, he
regularly handles all facets of misdemeanor prosecution for the cities we
serve.
Joe’s passion for practicing law stems from his unique ability to find ways to
resolve the messiest of situations. Never one to shy away from difficult
conversations or contentious litigation, he combines his candid advice and
communication style with expert legal strategy to achieve the best possible
case results for his municipal clients. He was selected as an “Up and Coming
Attorney” by Minnesota Lawyer in 2013.
Joe is an adjunct faculty member of the Advocacy and Competitions program
at Mitchell Hamline School of Law as well as an adjunct instructor in the
University of Minnesota’s Kinesiology Department. A true sports enthusiast,
Joe enjoys playing handball, hockey and softball. He coaches handball for the
University of Minnesota handball club team and is a season ticket holder for
the University of Minnesota Men’s Hockey Team and Minnesota Twins. Joe is
a voracious reader and avid music fan.
About Eckberg Lammers, P.C.
Founded in 1949, Eckberg Lammers, P.C. is a fixture in the Twin Cities
metropolitan area. With offices in Stillwater and Hudson, our attorneys serve
clients throughout Minnesota and Wisconsin across a wide platform of
practice areas. Our mission is to Build and Strengthen Communities through
long-term relationships with municipalities, financial institutions, business and
individuals to creatively solve legal needs.
ECKBERGLAMMERS
ATTORNEYS AT LAW
Stillwater Office
1809 Northwestern Avenue
Stillwater, MN 55082
Phone: 651-439-2878
Fax: 651-439-2923
Areas of Practice
Prosecution
Bar Admissions
Minnesota
Education
Hamline University School of Law
St. Paul, MN
J.D.
University of Minnesota
Minneapolis, MN
B.A.
Professional Affiliations
Minnesota State Bar Association
Criminal Law Section
Chair
Diversity Representative
Hennepin County Bar Association
DWI Task Force
Member
Law Next Generation
Attorney Honoree
StandpointBoard Member
Community Involvement
Reach For Resources, Inc.
Volunteer
Hamline University School of Law
Moot Court
Coach – National Health Law
University of Minnesota
Adjunct Instructor - Department
of Kinesiology
St. Cecilia’s Catholic Church
Member
Honors & Awards
“Up and Coming Attorney”
Minnesota Lawyer 2013
Volunteer of the Year – 2013
Reach For Resources, Inc.
ECKBERGLAMMERS
ATTORNEYS AT LAW
www.eckberglammers.com
Stillwater Office
1809 Northwestern Avenue
Stillwater, MN 55082
Phone: 651-439-2878Fax: 651-439-2923
Areas of Practice
Prosecution
Bar Admissions
Minnesota
Education
University of St. Thomas
School of Law
St. Paul, MN
J.D.
University of St. Thomas
St. Paul, MN
B.A.
Professional Affiliations
Minnesota State Bar Association
Member
Anoka County Bar Association
Member
Community Involvement
Mock Trial Competition
Judge
Derek Archambault is an attorney in our Municipal Law Group who focuses on
criminal prosecution for the Cities we serve. He brings more than ten years'
experience handling cases regarding code enforcement, ordinance review,
land use violations, municipal prosecution and appellate practice to his role
with the firm.
Derek holds a Juris Doctor degree from the University of St. Thomas School of
Law. He earned his Bachelor of Arts in Political Science and Communications
Studies from the University of St. Thomas in 2006.
Derek lives in the west metro. In his free time, he enjoys exploring the Twin
Cities' parks, biking paths, and hiking trails. He is an avid reader with an
affinity for classical literature and non-fiction. He loves traveling to new places
with historical significance, but admits he often frustrates his travel
companions by stopping to read every historical marker along the way! Derek
also spends a large portion of his fall and winter being disappointed by the
Vikings and Wild.
About Eckberg Lammers, P.C.
Founded in 1949, Eckberg Lammers, P.C. is a fixture in the Twin Cities
metropolitan area. With offices in Stillwater and Hudson, our attorneys serve
clients throughout Minnesota and Wisconsin across a wide platform of
practice areas. Our mission is to Build and Strengthen Communities through
long-term relationships with municipalities, financial institutions, business and
individuals to creatively solve legal needs.
Derek Archambault
Attorney
651-351-2121
darchambault@eckberglammers.com
ECKBERGLAMMERS
ATTORNEYS AT LAW
Kari O'Leary
Attorney
651-351-2114
koleary@eckberglammers.com
Kari is an attorney in our Municipal Law group. She focuses her practice on
criminal prosecution for the municipalities we serve.
Kari has over six years of criminal law experience. Prior to joining Eckberg
Lammers, she was the Assistant County Attorney in Morrison County and Rice
County, where she prosecuted all levels of criminal matters from charging to
trial, including DWI, assault, domestic assault, and criminal sexual conduct.
Committed to community service and outreach, particularly in areas of
education for the municipalities we represent, Kari believes that partnering
closely with law enforcement and other justice partners provides effective
prosecution and achieves fair outcomes.
Kari is a graduate of William Mitchell College of Law in St. Paul, MN. When
she is not working, she enjoys spending time with her family, reading, the
theater and getting re-acquainted with her hometown of Northfield, MN.
About Eckberg Lammers, P.C.
Founded in 1949, Eckberg Lammers, P.C. is a fixture in the Twin Cities
metropolitan area. With offices in Stillwater and Hudson, our attorneys serve
clients throughout Minnesota and Wisconsin across a wide platform of
practice areas. Our mission is to Build and Strengthen Communities through
long-term relationships with municipalities, financial institutions, business and
individuals to creatively solve legal needs.
eckberglammers.com
Stillwater Office
1809 Northwestern Avenue
Stillwater, MN 55082
Phone: 651-439-2878
Fax: 651-439-2923
Areas of Practice
Prosecution
Bar Admissions
Minnesota
Education
William Mitchell College of Law,
St. Paul, MN
J.D.
St. Olaf College,
Northfield, MN
B.A.
Professional Affiliations
Minnesota State Bar Association
Member
Community Involvement
Hope Center Board of Directors
Member
Blueprint for Safety
Member
Northfield Community
Toastmasters
Member
Imran Ali
Attorney, Director of Law
Enforcement Education & Training
651-351-2120
iali@eckberglammers.com
ECKBERGLAMMERS
ATTORNEYS AT LAW
Stillwater Office
1809 Northwestern Avenue
Stillwater, MN 55082
Phone: 651-439-2878
Fax: 651-439-2923
Areas of Practice
Law Enforcement Education &
Training
Complex Litigation
Personal Injury
Municipal Law
Bar Admissions
Minnesota
Education
Hamline University, St. Paul, MN,
J.D.
Boise University, Boise, ID, B.S.
Honors
Minnesota Lawyer's - Attorney of
the Year, Circle of Excellence 2020
Minnesota County Attorney's
Association Meritorious Service
Award - 2019
Public Safety Worker of the Year,
Woodbury Chamber of
Commerce - 2017
Minnesota Lawyer's Attorney of
the Year, Circle of Excellence 2016
MNSANI Narcotic Prosecutor of
the Year - 2015
Community Involvement
Mitchell Hamline School of Law
Adjunct Professor
University of Minnesota
Instructor for new Minnesota State
Court Judges
Imran is a shareholder with Eckberg Lammers and Director of Law Enforcement
Education & Training. As a career long trial lawyer, he also focuses his practice
on Complex Litigation, Personal Injury, and Municipal Prosecution.
Imran has been a trial attorney in the public sector for over 17 years. His
extensive experience is recognized both in the courtroom and the community.
Working extensively with victims of crime has provided Imran with the passion needed to succeed in the courtroom. He has handled some of the most complex cases, including homicide, rape, domestic violence, narcotics related and burglary cases.
In 2014, he spearheaded the East Metro Human Trafficking Taskforce – one of the first trafficking task forces in the state of Minnesota. For the last five years, Imran has prosecuted national and international sex trafficking rings, trained and presented thousands of officers and prosecutors, helped draft legislation
and testified for stiffer penalties for sex trafficking offenders.
Imran has spent much of his career engaging those employed within the
criminal justice profession. From training new judges in the State of Minnesota
at the University of Minnesota law school, to teaching law students at Mitchell
Hamline Law School, Imran enjoys engaging individuals as they chart their
career path. Through this he has had the opportunity to train many law
enforcement professionals and prosecutors nationally. As the Director of Law
Enforcement Education and Training program he empowers participants in
serving their communities with honor and integrity while being equipped with
the appropriate tools in decision making. Examples of trainings available
include:
Imran is nationally and locally recognized for his work, receiving Minnesota
Attorney of the Year in both 2016 and 2020. He has also received other
accolades within the state and area communities.
About Eckberg Lammers, P.C.
Founded in 1949, Eckberg Lammers, P.C. is a fixture in the Twin
Cities metropolitan area. With offices in Stillwater and Hudson, our attorneys
serve clients throughout Minnesota and Wisconsin across a wide platform of
practice areas. Our mission is to Build and Strengthen Communities through
long-term relationships with municipalities, financial institutions, business and
individuals to creatively solve legal needs.
•In Court Testimony
•Digital Crime Investigation
•Criminal Court 101
•Evidence Based Investigations
•Motor Vehicle Searches
•Search Warrants
•Report Writing
•Sex Trafficking
•Human Trafficking
•Vehicle Stops
•Racial Disparities
•Vicarious Trauma
KELLY & LEMMONS, P.A.
JOSEPH A. KELLY
2350 Wycliff Street, Suite 200
Saint Paul, MN 55117
Phone: 651.224.3781
Fax: 651.223.8019
jkelly@kellyandlemmons.com
Submitted September 10, 2021 by:
CITY OF LAKE ELMO
CRIMINAL PROSECUTORIAL LEGAL SERVICES RFP
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 1 of 10
I. BACKGROUND
A. Brief History
Kelly & Lemmons, P.A. has been dedicated to representing local government units since it was
established in 1974. During the past half-century, we have developed an excellent reputation as both
municipal and prosecuting attorneys. We currently represent the following municipalities (start date
and scope of representation in parentheses):
• City of Taylors Falls (1992: civil, HRA)
• White Bear Township (1994: civil, EDA, HRA)
• City of Gem Lake (2006: civil)
• Eureka Township (2008: civil)
• City of Little Canada (2008: civil, EDA, HRA, prosecution)
• North Oaks (2011: prosecution)
• City of Shoreview (2012: civil and prosecution)
• City of Arden Hills (2012: prosecution)
• City of Maplewood (2015: prosecution)
• City of Stillwater (2018: prosecution)
We practice more than municipal law, however, as we are a full-service, general practice law firm
with attorneys practicing in a wide variety of legal areas, including real property, employment and
labor, estate planning, and corporate law as well as general civil litigation. We believe that our broad
experience helps our municipal clients. Other types of clientele we represent include the Minnesota
State High School League, public and private labor unions, individual employers and employees,
corporate entities both large and small, and individuals on all types of real property and estate planning
issues.
B. Number of Attorneys
Kelly & Lemmons, P.A. has eight attorneys (six shareholders and two associates). The following is a
list of our attorneys, their title, and primary practice area(s):
1. Kevin M. Beck, Shareholder: Prosecution, Employment/Labor, Municipal-Civil
2. Joseph A. Kelly, Shareholder: Prosecution, Employment/Labor, Municipal-Civil
3. Martin H.R. Norder, Shareholder: Prosecution
4. Rebecca Duren, Shareholder: Prosecution, Employment/Labor
5. Patrick J. Kelly, Shareholder: Municipal-Civil, Employment/Labor
6. Chad D. Lemmons, Shareholder: Real Property, Municipal-Civil
7. Patrick McGuigan, Senior Associate: Estate Planning, Corporate
8. Rachel Swenson, Associate: General Practice
We have attached a resume for each attorney who would provide prosecution services with more
detailed information regarding their legal qualifications.
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 2 of 10
C. Number of Paralegals/Support Staff
In addition to our attorneys, we have two paralegals: Ashley Turner and Shari Hunter. We also have a
full-time office manager, Amy Washenberger, who is responsible for billing and day-to-day
operations. We also participate with Mitchell Hamline’s Misdemeanor Clinic—an apprenticeship-
style legal clinic for student certified attorneys to work side-by-side with practicing attorneys. Each
semester we typically have at least one student attorney who dedicates approximately 100 hours to
prosecution work.
Ashley is our primary prosecution paralegal and is responsible for maintaining and updating our
prosecution files and databases, responding to discovery requests, filing disclosures, issuing trial
notices and subpoenas, communicating and coordinating schedules with officers, and everything else
required to keep prosecution running smoothly. Ashley has a law degree from the University of North
Dakota and practiced law in another state before returning to Minnesota. We understand the impact in
terms of budget (e.g. wages) and public safety (e.g. officer presence on the street) when we schedule
officer appearances and, therefore, make every effort to require officer appearances only when
necessary. For example, if a defense attorney notifies us at the pre-trial hearing that the defendant will
be pleading guilty but would like more time before he/she does so, then we will state that, on the
record, and set the case for a plea hearing rather than a jury trial so that we do not need to pull an
officer(s) to appear in that particular case.
Shari assists with prosecution as needed. As a former court reporter, Shari is often called upon to
transcribe 911 calls and other audio recordings in preparation for trial.
D. Office Organization and Support Capabilities
Our technological capabilities combined with our attorneys’ deep experience in misdemeanor
prosecution provide for rapid response times. When contacted by a municipality or law enforcement
agency, we make every effort to provide a same-day response. Many times, given the breadth of our
practice and experience in criminal law, we have previously encountered a similar issue and can
provide timely guidance on not only the strict letter of the law but also practical concerns that could
be implicated. Regardless, we ask for a timeline to respond and have no problems meeting deadlines.
Our firm is steeped in municipal representation and treats each municipal client as if they are our only
client. We strongly encourage you to confirm this with any of our references.
Our office is technologically prepared to handle the demands of 21st century prosecution work. Our
prosecutors make their cell phone numbers available to City staff and members of the police
department. As a result, we can, and do, take calls from police at all times of the day or night. If you
call or e‐mail with a question, we will promptly respond or acknowledge receipt and provide an outline
for a response. We maintain an online legal research subscription with Thomson Reuters Westlaw.
Our attorneys read the weekly releases of decisions from the Minnesota Court of Appeals and
Minnesota Supreme Court and provide updates to our clients when new cases could impact their
operations. This is particularly important in criminal law where the legal landscape is constantly being
shaped by judicial decisions. Having multiple prosecution clients allows for economies of scale with
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 3 of 10
regard to these general criminal law matters which allows us to submit what we consider to be a very
competitive proposal.
We have a fully networked office where we maintain an electronic database of prior research legal
memoranda, motions, and formal complaints so that we have a full complement of common documents
required for prosecution work. We are equipped to receive evidence in electronic form from law
enforcement and to transfer that evidence onto media suitable for disclosure to defendants and for use
in court. We possess the software and hardware required to accomplish these transfers, as we currently
handle evidence for our cases with the Ramsey County Sheriff’s Office, Maplewood Police
Department, and the Stillwater Police Department without difficulty. Our office is registered with the
central administrator of the MnCIS court information system, and we have the dedicated MnCIS
terminal software on our prosecutors’ and assistant’s computers. Our attorneys and staff have already
been trained on and have implemented the New MGA subscriber access to court records. We are able
to leverage all of these technological capabilities to increase efficiencies and provide a very
competitive proposal.
Complaints, particularly in-custody complaints, are an area which require special attention because of
legal and timing requirements. Because we write complaints on a daily basis, we are able to efficiently
review reports in order to draft and submit complaints in a timely manner. This is especially important
for in-custody defendants where a complaint must be filed within 36 or 48 hours of arrest or the
defendant will be released. Our attorneys review, draft, and submit in-custody complaints to ensure
not only that the highest level crime is charged, but also that the complaint is filed prior to the
expiration of the defendant’s custody hold. We are familiar with e-Charging, as we currently use e-
Charging for all six of our prosecution clients and meet all BCA requirements to use e-Charging. If
selected, we could easily establish an e-Charging account for Lake Elmo. We track each case that is
opened and keep an electronic database of the defendant, court file number, date of disposition, type
of disposition, and the officers involved. When a case is completed, we notify the involved officers of
the disposition and that the case is closed. Accordingly, we could provide daily, weekly, or monthly
prosecution updates in any format the City would like.
E. Office Location
Our office is located at 2350 Wycliff Street in the City of Saint Paul, just 20 miles from the Washington
County Courthouse. Our office is open Monday through Friday from 8:30AM to 5:00PM; however,
attorneys are in the office earlier and later than the posted business hours. Even when the office is
closed, our telephone system allows callers to reach specific attorneys through the use of a touch tone
directory. Moreover, because issues often arise outside of business hours, each attorney carries a smart
phone with access to phone calls and e-mail 24 hours per day. This is particularly true for prosecution
where officers often have questions at night and on weekends. Our attorneys are already available to
our current law enforcement clients 24/7 and would have no issues extending the same level of service
to Lake Elmo.
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 4 of 10
II. FIRM/ATTORNEY QUALIFICATIONS
A. Prosecutorial Philosophy
Although we believe it is helpful to have criminal defense experience, our firm’s focus in criminal law
is on prosecuting offenders, not defending them. We have a firm-wide dedication to law enforcement,
from acting in our capacity as prosecutors, to representing law enforcement unions, and individual law
enforcement officers. Patrick J. Kelly, as former President of the Minnesota State Bar Association,
helped to implement the MSBA’s Wills for Heroes Program designed to assist emergency personnel
prepare wills to protect themselves and their families at no charge.
Our prosecutorial philosophy embraces a community justice approach to prosecution, recognizing
when it is appropriate to obtain convictions, particularly for enhanceable offenses such as QDVRO’s
and DWI’s, while also recognizing the need to provide an alternative to traditional prosecution.
Alternatives to traditional prosecution are assessed on an individualized case-by-case basis based upon
the facts of the alleged crime, input from law enforcement, the City, and/or victims, the defendant’s
criminal history, and the defendant’s willingness to accept responsibility. Our seasoned prosecutors
are able to efficiently perform this analysis so that alternatives to traditional prosecution are employed
effectively and when appropriate.
QDVRO’s
We understand that qualified domestic violence related offenses and DWI’s pose the largest public
safety issue facing misdemeanor courts. Intimate familiarity with enhanceability requirements for both
types of crimes is critical because it can mean the difference between obtaining a qualifying conviction
without the risk of a trial. For example, some defendants charged with domestic assault will not plead
to a “domestic assault” but will plead to assault in the fifth degree, which is a QDVRO. Because the
sentence will likely be the same whether the conviction is for domestic assault or fifth degree assault,
a fifth degree assault may achieve the goal of obtaining a QDVRO conviction without the risk of
proceeding to trial (where a jury could acquit). We also recognize that in certain situations, a disorderly
conduct may be appropriate. It should be noted that before any plea offer relating to a QDVRO is
presented to the defendant, it is discussed with the involved officer(s), the victim, and/or the victim’s
advocate. It is important to obtain a conviction because it allows us to mandate programming (e.g.
chemical dependency, anger management, domestic abuse treatment) as a term and condition of
probation. Programming is a critical component of a QDVRO plea offer because it seeks to address
the underlying reason for the charge with the goal that it may reduce recidivism.
Code Enforcement and Nuisance Abatement
Code enforcement and nuisance abatement is an issue in any developed city. Our background as both
civil city attorneys and prosecutors allows us to work closely with city staff, the police
department/sheriff’s office, and the potential defendant to achieve the City’s goal(s). As prosecuting
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 5 of 10
attorneys, we were recently asked by the City of Maplewood to address a nuisance property through
abatement procedures and processes other than formal prosecution. In the City of Shoreview, we
utilized abatement procedures to remove an unsafe and non-compliant structure without the need for
formal prosecution. When the related costs were assessed, the property appealed to district court,
which upheld the assessment, including a portion for attorneys’ fees. The City of Shoreview has also
successfully implemented its SHINE Program, which targets a different neighborhood for code
enforcement each year. The City of North Oaks frequently encounters pushback to code enforcement
efforts, including equal protection constitutional challenges. In the City of Stillwater, we have worked
closely with the City’s planning staff to address nuisance properties. We know that the goal is to gain
compliance without having to resort to criminally charge a property owner. Sometimes a mere letter
suffices; sometimes it takes multiple letters. We also recognize that non-compliance may be due to an
inability to pay and have successfully worked to link homeowners with local non-profits and even
governmental agencies to achieve compliance.
Theft and Other Alternative Approaches
We recognize theft and shoplifting are big issues for both municipalities and individuals. Theft
convictions can impact an individual’s ability to obtain a job, housing, and good credit. Accordingly,
an individual charged with theft with no other criminal record would likely be referred to diversion
programming as a way to provide him/her with the opportunity to alter their behavior based upon
personalized behavioral goals that must be met within a stated time (i.e. restitution, chemical
dependency treatment, community service, counseling and/or employment, etc.). If the defendant
completes his/her goals, then the charge is dismissed; if not, then the charges are placed back on the
calendar for prosecution. In certain first time thefts, we may allow the defendant to provide proof of
restitution before he/she pleads guilty, with the offer to amend the charge so the defendant does not
have a theft conviction.
Examples of other alternatives approaches include enrolling our cities in the Minnesota Department
of Vehicle Services’ Driving Diversion Pilot Program (“DDP”). Joe Kelly was instrumental in getting
our current prosecution clients to be among the first cities in Ramsey County to enroll in the state-
sanctioned DDP, which was developed to support participants in paying outstanding traffic citations
and fulfill the requirements necessary to reinstate their driver's license. Once an individual loses his/her
driver’s license it can be difficult to get back, and many people continue to drive despite not having a
valid driver’s license. The DDP helps break the cycle of repeat offenders who accumulate citations
and fines because they continue to drive without a valid license by providing an avenue for such
individuals to get placed on a fast track towards re-licensure while ensuring they make payments for
outstanding fines, accept responsibility for their actions, and receive educational training. When it
comes to repeat drivers’ license offenses, our philosophy is to work with the defendant and/or legal
counsel to allow the defendant to obtain a valid driver’s license in an effort to reduce, and hopefully,
eliminate the cycle of repeat driving offenses.
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 6 of 10
In addition to the DDP, we employ continuances for dismissal (sometimes referred to as continuance
without prosecution) when appropriate. Most often, CFD’s are offered to resolve petty misdemeanor
violations (i.e. speeding tickets, seat belt violations, equipment violations, etc.). A CFD can be useful
in cases where a first-time defendant wishes to acknowledge responsibility but would like to keep it
off of his/her record. If they pay the prosecution costs, remain law-abiding, and have no same or similar
offenses, the charge is dismissed after one year. The difference between pleading guilty (and paying a
fine) and paying prosecution costs for a CFD is that all of the prosecution costs under the CFD go to
the City whereas the City will only see a small percentage of a fine. Before offering a CFD, we consult
with the arresting officer for their input. If they do not approve, a CFD will not be offered.
B. Prosecuting Attorney Qualifications
If selected, Joseph Kelly would serve as the City’s lead prosecutor with additional prosecution support
provided by Rebecca Duren, Martin Norder and Kevin Beck. More detailed information regarding
these attorneys can be found in the attached resumes. That each of our prosecutors has tried cases to a
jury verdict is critical, as the experience of seeing a case through to verdict provides an immeasurable
value to understanding how our criminal justice system operates—from procedural and evidentiary
rules to factual issues like interviewing witnesses, directing law enforcement on how to look for and
obtain material evidence, to working with the County Attorney to ensure the highest level crime is
charged—so that we can best represent our City’s interests. In addition to court appearances, our
prosecutors remain active in policy roles, serving on several committees and workgroups. We have
found that maintaining an active profile helps to serve our cities’ goals. Our experience of working
with members of law enforcement through our work with police unions combined with our experience
as prosecutors and as civil city attorneys offers a unique and invaluable resource.
Joseph A. Kelly is a shareholder with Kelly & Lemmons. Prior to graduating from William Mitchell
in 2008, Joe graduated from Arizona State University, one of the top 100 research universities in the
world. Joe is licensed to practice in the State of Minnesota, Minnesota Federal District Court, and the
8th Circuit Court of Appeals. In addition to his role as an attorney, Joe is also an Infantry Captain in
the U.S. Army National Guard where he has been awarded a Ranger Tab, Army Commendation
Medal, Army Achievement Medal (Second Award), Air Assault Badge, Expert Infantry Badge,
Pathfinder Badge, Army Service Ribbon, National Defense Medal, Global War on Terrorism Service
Medal, and Global War on Terrorism Expeditionary Medal.
Joe has built an excellent reputation as a prosecutor, serving as a prosecutor for the Cities of
Maplewood, Little Canada, Shoreview, Arden Hills, North Oaks, and Stillwater while also serving as
the civil city attorney for Shoreview. Joe has dedicated at least 50% of his time to prosecution since
2008. Joe was also honored in 2014 as an Outstanding Metro Area Prosecutor by MADD and was
named a Super Lawyers Rising Star in 2012 and 2015-2021.
If selected, Joe would manage Lake Elmo’s prosecution files. Joe frequently meets with department
heads for Maplewood, Stillwater and the Ramsey County Sheriff’s Office to review prosecution
matters and would perform the same service for Lake Elmo. Joe has extensive prosecution experience,
having dedicated over 50% of his practice to misdemeanor and gross misdemeanor prosecution since
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 7 of 10
2008. Joe handles all stages of criminal litigation, from charging decisions through motions, verdict,
and sentencing. Joe currently oversees the drafting of complaints, the delivery of required discovery
disclosures, and appears at arraignments, pre-trials/omnibus hearings, jury trials, and sentencings.
Joe is frequently asked to present on his experiences as a prosecutor, which range from POST-
accredited full-day seminars to informal roll-call presentations. For example, Joe recently provided
training to the Ramsey County Sheriff Deputies regarding updates in criminal law, misdemeanor arrest
procedures, and investigation and report writing tips. We would welcome the opportunity to provide
training sessions on any number of issues related to law enforcement because it helps the officers stay
current on changes in the law which are not necessarily easily ascertainable and also provides an
opportunity for officers and prosecutors to interact in an informal, outside-of-court setting. Joe and
our other attorneys have held training sessions, leadership meetings, and participated in ride‐alongs.
We also work closely with law enforcement officers throughout Minnesota as outside counsel to
multiple law enforcement unions. In that role, we often represent and counsel officers following
critical incidents involving the use of deadly force, pursuit, and similar high-visibility issues, and have
been asked to provide training on these issues. We bring the experience and insight we gain from these
incidents to our prosecution work, including training sessions for law enforcement in addition to
comprehensive legislative and judicial legal updates.
Rebecca Duren is a shareholder who joined Kelly and Lemmons in 2019. She received her
bachelor’s degree from St. Olaf College and her law degree from Mitchell Hamline College of Law.
Prior to joining Kelly and Lemmons, Rebecca worked for the Public Defender’s Office and in
private criminal defense where she represented clients in misdemeanor and serious felony matters.
Rebecca has been named 2016 Up & Coming Attorney by Minnesota Lawyer Magazine and a Super
Lawyers Rising Star each year since 2019. Most notably, she is certified as a criminal law specialist
by the Minnesota State Bar Association. Less than 3% of Minnesota lawyers are certified specialists
in their field.
Rebecca practices primarily in criminal prosecution representing the Cities of Maplewood, Little
Canada, Shoreview, Arden Hills, North Oaks and Stillwater. Rebecca also practices in
labor/employment law representing Teamsters 320 in arbitrations.
Martin H.R. Norder is a shareholder who joined Kelly & Lemmons in 2013 after earning a bachelor’s
and law degree from the University of Saint Thomas. Prior to joining Kelly and Lemmons, Martin
worked for several years in Ramsey County District Court as a judicial law clerk for the Honorable
Michael T. DeCourcy and the Honorable Lezlie Ott-Marek. Martin’s significant experience on the
judicial side of the criminal justice system provides a valuable framework for his current role as
prosecutor, as he has an exemplary working knowledge of the criminal procedural rules. He has also
become very knowledgeable with potentially dangerous and dangerous dog ordinances, having tried
many of these cases before an administrative hearing officer. Martin devotes approximately 75% of
his time to prosecution as a prosecutor for the Cities of Maplewood, Little Canada, Shoreview, Arden
Hills, and North Oaks. Martin also handles interest arbitrations for Teamsters Local 320.
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 8 of 10
Martin was honored in 2017 as an Outstanding Metro Area Prosecutor by Mothers Against Drunk
Driving. Martin has also regularly provides training to the Maplewood Police Department and Ramsey
County Sheriff Deputies regarding updates in criminal law, misdemeanor arrest procedures, and
investigation and report writing tips. Martin is currently the Suburban Prosecutor Representative on
the Ramsey County Criminal Justice Coordinating Council. Martin has also represented the City of
Shorewood in a special prosecution case that was heard before the Minnesota Supreme Court.
Kevin M. Beck is a shareholder with the firm. Kevin is a 2005 graduate of Carleton College and a
2008 graduate of Mitchell Hamline School of Law. He is licensed to practice in the State of Minnesota,
Minnesota Federal District Court, the 8th Circuit Court of Appeals, and the State of Utah. Kevin
practices primarily in criminal, municipal, and employment/labor law. He has been named a Super
Lawyers Rising Star in 2012-18 and 2021, an honor bestowed upon less than 2.5% of eligible
attorneys.
Kevin is actively involved in prosecuting for the Cities of Maplewood, Little Canada, Shoreview,
Arden Hills, North Oaks, and Stillwater. In addition, Kevin represents public and private labor unions
and is the Town Attorney for Baytown Township. As an attorney representing both municipalities and
public sector labor unions (with an emphasis on law enforcement), Kevin has extensive experience in
issues unique to public entities, such as the Open Meeting Law, Minnesota Government Data Practices
Act, collective bargaining obligations, Loudermill rights, the Veteran’s Preference Act, and the Peace
Officer Discipline Procedures Act. In 2014, Kevin was honored as an Outstanding Metro Area
Prosecutor by Mothers Against Drunk Driving for his dedication towards stopping drunk driving,
supporting the victims of drunk driving, and preventing underage drinking. Kevin has worked
extensively with the Ramsey County Sheriff’s Office and the Maplewood Police Department on law
enforcement issues and has participated in law enforcement initiatives to reduce domestic violence
and drunk driving in Ramsey County.
C. Allocation of Work
While paralegals perform an invaluable administrative function, we like for our prosecutors to have
an active role in each file from its genesis. Accordingly, attorneys draft complaints, motions, and
briefs. Our office is very collegial and fluid with attorneys frequently discussing cases with each other
in offices, at the “water cooler”, and over coffee or lunch. Accordingly, our attorneys have a working
knowledge of most files even if they have never appeared on it. Difficult charging decisions are
discussed with the lead attorney and, if necessary, we contact the involved officer(s) to obtain
additional background information and/or to request that additional investigation be performed.
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 9 of 10
D. Client References and Current Municipal Clients/Conflicts of Interest
Brian Bierdeman, Police Chief
Maplewood Police Department
1830 County Road B East
Maplewood, MN 55109
(p) 651.249.2600
brian.bierdeman@maplewoodmn.gov
Melinda Coleman, City Manager
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
(p) 651.249.2055
melinda.coleman@maplewoodmn.gov
Brian Mueller, Chief of Police Terry Schwerm, City Manager
City of Stillwater City of Shoreview
216 4th Street North 4600 Victoria Street North
Stillwater, MN 55082 Shoreview, MN 55126
(p) 651.3351.4900 (p) 651.490.4611
bmueller@ci.stillwater.mn.us tschwerm@shoreviewmn.gov
Kelly & Lemmons maintains an electronic database to identify potential conflicts of interest. We have
identified no current conflicts with the City of Lake Elmo.
E. Complaints/Malpractice
Our attorneys have never been disciplined by the Office of Lawyers Professional Responsibility. In
2011, a former private individual client filed a lawsuit against our firm regarding a real property issue;
the complaint was dismissed on a motion for summary judgment. In 2019, a former private individual
client filed a lawsuit against our firm despite our successful representation in a veteran’s preference
matter; the complaint was dismissed on a motion for summary judgment. Kelly & Lemmons carries a
$3-million-dollar professional liability policy with Minnesota Lawyers Mutual.
III. FEES
Our experience allows us to provide superb prosecution services at a low cost to the City of Lake
Elmo. If selected, we could take advantage of the economies of scale we have in Washington County,
allowing us to efficiently and cost-effectively prosecute for the City. We are open to any compensation
structure the City prefers but propose to enter into a capped monthly retainer agreement.
We propose to have a fixed monthly retainer subject to a maximum cap. We have found that a retainer
agreement is mutually beneficial to both the City and us because it eliminates the stress that can
develop if police officers or administrative staff have legal questions but are concerned about incurring
legal fees by contacting the attorney. Thus, a retainer fee structure encourages open and frequent
communication between the law enforcement agency, the City, and its attorneys. A retainer also allows
for ease when the City is preparing its annual budget.
We propose a monthly retainer to be capped at $4,000.00 ($48,000.00 annually), which would include
all fees and expenses. We track attorney time at the hourly rate of $150.00 and would not charge for
work performed by law clerks or paralegals. The firm normally tracks the time of attorneys in one-
Kelly & Lemmons, P.A.
Lake Elmo Prosecution Services Proposal
Page 10 of 10
tenth of an hour increments, but can keep track of time in any increment requested by the City,1 and
then invoices the City at the end of each month. If the invoiced fees are less than $4,000.00, the City
would only pay that specific amount; if the invoiced fees are greater than $4,000.00, the City would
only pay $4,000.00. This proposal gives the City budgetary certainty while allowing for cost savings
to the City in the event of a “light” month. This proposed retainer covers all prosecution fees and
expenses, including advice, training, consultation, court appearances, code enforcement (to include
administrative hearings), appeals, and forfeiture cases. We would also bill for travel at the business
per mile rate established by the IRS annually.
If the City would like additional information related to the specifics of this proposal, please do not
hesitate to contact Joe Kelly. We believe we are uniquely positioned to provide the requested
prosecution services efficiently and without compromising exceptional performance.
Kelly & Lemmons is honored to submit this proposal for prosecution services and welcomes the
opportunity to work with the City of Lake Elmo.
Respectfully submitted,
KELLY & LEMMONS, P.A.
/s/ Joseph A. Kelly
Joseph A. Kelly
1 We track attorney and paralegal time using the TABS‐3 practice management system, which tracks
time and generates bills to clients which state the date services were performed, the attorney or staff
providing the services, a description of each item and the time spent. We will deliver any level of
detail for line items as requested by the City Council or Police Department. For example, one of our
current prosecution cities prefers a basic description such as “prepare for and attend pre-trials” whereas
another city asks us to list not only the type of calendar but also the name and specific charge for each
case. We work together with our cities to ensure that they receive all requested information. We strive
to make every effort to supply invoices and billing statements that meet our client’s accounting and
budgeting needs.
Joseph A. Kelly
1416 Portland Avenue Phone: 651-280-7448
St. Paul, MN 55104 jkelly@kellyandlemmons.com
Education
William Mitchell College of Law, May 2008 St. Paul, MN;
J.D.
Dean’s List; Trustee Scholar
Arizona State University, August 2005 Tempe, AZ;
B.A., Sociology
Dean’s List
Legal Experience
Admitted to Practice Law in Minnesota, Minnesota, United States District Court, District of Minnesota;
U.S. Court of Appeals for the Eighth Circuit
Kelly & Lemmons, P.A. (2006-Present) St. Paul, MN;
President and Shareholder Attorney (November 2013-Present) Associate Attorney (October 2008-
November 2013) –Shoreview City Attorney; frequent lecturer and presenter on veteran specific
laws. Prosecutor for multiple cities in Ramsey County, Represented multiple unions for Labor
Arbitrations and negotiations, Employment Law, Municipal Law, Real Property, and Land
Use/Zoning;
Law Clerk (May 2006-May2008) – Drafted memoranda, legal research, participate in client
interviews
LAMP Clinic (August 2007-May 2008)
Certified Student Attorney - Assigned clients and worked cases from interview through conclusion
Southern Minnesota Regional Legal Services (January 2008-May 2008)
Certified Student Attorney – Assigned clients and worked housing cases including trial work
Military Experience
Minnesota Army National Guard (June 2018-Present) Brainerd, MN
S3 - Responsible for planning and executing training and operations for a Combined Arms
Battalion.
Minnesota Army National Guard (September 2017-May 2018) Bloomington, MN
Operations Officer – Officer in Charge of Current Operations for an Armor Brigade Combat
Team. Ran battle tracking staff, compiled plans, and issued orders.
United States Army (July 2016 –July 2017) Forward Operating Base North, Egypt
Company Commander- Commander of Mounted Quick Reaction Force and Based Defense for
northern half of Sinai Peninsula in support of Multinational Force and Observers mission. Was the
senior US Commander on FOB North.
Minnesota Army National Guard (October 2014-September 2017) Rochester, MN
Company Commander – Commander of over 130 infantry men. Responsible for the training,
welfare, and execution of infantry and related missions to include emergency response.
Minnesota Army National Guard (October 2012-October 2014) Mankato, MN
Assistant S3 – Responsible for planning and tracking training and missions for an Infantry
Battalion. Battalion OIC for any state of emergency for coordination with local, state, and federal
officials.
United States Army (July 2011 – May 2012) Camp Buehring, Kuwait;
Sniper Platoon Leader – Organize, plan, train and execute sniper missions. Trained 11 new and 7
sniper qualified personnel on sniper tactics, employment and operation.
Brigade COIN OIC (February 2012) – Selected to be the OIC of 28 personnel ranking from Staff
Sergeant to Major. Responsible for the transportation, housing, safety and planning for movement
and training from Kuwait to Camp Julien Afghanistan.
United States Army (May 2011 – July 2011) Ft. McCoy, WI
Contracting Officer Representative – Responsible for the training and supervision of over 30
personnel on enforcing contracts between the United States government and private contractors
Minnesota Army National Guard (September 2010) Wabasha County, MN
Officer In Charge/Military Liaison – Responsible for planning, setting up and manning of 8 traffic
control points to prevent residents and looters from entering flooded cities and towns within the
county. Additionally, liaised between the city/town, county, state and federal agencies for security
needs
Minnesota Army National Guard (2007-2011) St. Paul, MN/Ft. Benning, GA;
Light Infantry Platoon Leader – Responsible for training, management and leading 38 personnel.
Planned, trained and executed Infantry Platoon missions.
Heavy Weapons Company Executive Officer – Responsible for supply management and readiness
of an 89 person Infantry Heavy Weapons Company.
Commission Date: 23OCT08
Combat Lifesaver - Certified to provide advanced first aid/lifesaving procedures beyond the level
of self-aid or buddy aid
Other Work Experience
Enterprise Rent-a-Car (2004-2005) Tucson, AZ;
Management Trainee - Learned and utilized sales tactics in earning top salesperson for city of
Tucson; managed my own branch
Silverado Golf Course (2003-2004) Scottsdale, AZ;
Outside Service Personnel - Assisted in managing outdoor customer service for golfers at the golf
course
Morgan Stanley (2003) Scottsdale, AZ;
Intern - Successfully assisted Senior Vice President/ Financial Advisor in designing and
implementing marketing plan to increase customer base
Honors and Leadership
2017 Up and Coming Attorney- Minnesota Lawyer
2015 Veterans Voices Award- Minnesota Humanities Center
Outstanding Metro Area Prosecutor – Mothers Against Drunk Driving
Rising Star – Minnesota Law & Politics 2012, 2015-present
Order of Omega (Honors Fraternity for Campus Leaders) - President
Alpha Kappa Delta (Sociology Honors Fraternity) - Member
National Society of Collegiate Scholars - Member
GAMMA - Founding Member, Vice President
Associated Students of Arizona State University - Candidate for President
Delta Chi Fraternity - Arizona State University
Founding Father, President, Philanthropy Chair, Risk Management Officer/Sergeant of Arms,
Rush Chairperson, Delegate (International Leadership Conference, Orlando, FL- 2001), Master of
Ceremonies (National Induction)
Greek Relations Board - Voting Representative, Senior Member
Phi Delta Phi (Law Fraternity) - Member
Military Honors/Awards
2016 General Douglas MacArthur Leadership Award
Expert Infantryman Badge – Produced the largest number and highest percentage of recipients out of all
platoons in the Brigade
Ranger Tab, Pathfinder Badge, Air Assault Badge
Army Commendation Medal, Army Achievement Medal (x2), National Defense Service Medal, , Global
War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Armed Forces Reserve
Medal with Mobilization Device, Reserve Component Achievement Medal, Army Service Ribbon, Overseas
Service Ribbon, Minnesota Service Ribbon (x2), Minnesota National Guard State Active Duty Ribbon
Distinguished Military Graduate – Officer Candidate School-Graduated in top 1/3rd of class
Physical Fitness Excellence
Expert Marksmanship Badge – M4 Rifle, M9, M110, M24, M107
Professional Associations
Minnesota State Bar Association, Ramsey County Bar Association, 2nd Judicial District Ethics Committee,
Ramsey County Bar Association Youth and the Law Committee Member, Minnesota State Bar Association
Military and Veterans Affairs Section Committee Member, Warren E. Burger Inn of Court Member,
National Infantry Association (Life Member), 34th Infantry Division Association (Life Member), 135th
Infantry Regiment Officer Mess Association, Minnesota Officer Mess Association, National Officer Mess
Association
References available upon request
1
Rebecca L. Duren
ATTORNEY AT LAW
______________________________________________________________________________
2350 Wycliff Street, Suite 200
St. Paul, MN 55114
(651) 224-3781
rduren@kellyandlemmons.com
LEGAL EXPERIENCE
____________________________________________________________________________________________________________________________________________________________________ Attorney at Law, Kelly & Lemmons, P.A.
St. Paul, MN
January 2019- Present
• Handle all aspects of petty misdemeanor, misdemeanor and gross misdemeanor criminal
prosecution for the cities of Maplewood, Little Canada, Shoreview, Arden Hills, North Oaks and
Stillwater
• Advise clients in criminal investigations including officer involved shootings
• Represent unions in the grievance arbitration process
Attorney at Law, Lesch & Duren, LLC
St. Paul, MN
January 2015- December 2018
• Represent client in serious felony criminal matter including criminal sexual conduct and
homicide
Assistant Public Defender, Ramsey County Public Defender’s Office
St. Paul, MN
January 2017- December 2019
• Represent indigent clients on misdemeanor and felony matters on a from arraignment
through jury trial
• Manage a high volume and cases and maintain client relationships
Assistant Public Defender, Fifth Judicial District
Worthington, MN
January 2013- January 2015
• Represent indigent clients on juvenile, CHIPS, probation, misdemeanor and felony
matters
• Adapt to working in multiple counties including: Murray, Nobles, Rock, Pipestone, and
Cottonwood Counties
• Work with a culturally diverse clientele frequently requiring the use of interpreters
including: Karen, Nuer, Lao, Tigranian and Spanish
• Attended 2014 Minnesota Public Defender Trial School
Certified Student Attorney, Ramsey County Public Defender’s Office
St. Paul, MN
January 2011-May 2012
• Interview clients, inform them of their Constitutional Rights, and provide legal advice
to assist client in either resolving their case or preparing for another court appearance
2
EDUCATION
_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________ William Mitchell College of Law, St. Paul, MN
Juris Doctor May 2012
Activities: Minnesota Justice Foundation, Study Abroad (London, June 2010), Marshall
Brennan Fellow
Honors: Dean’s List (2011& 2012), Public Service Distinction (over 150 community service
hours)
St. Olaf College, Northfield, MN
Bachelor of Arts May of 2009
Major: Political Science
Concentration: Economics
Study Abroad: Changing Political Identities in Coastal Central Europe, January 2009
HONORS AND PROFESSIONAL ASSOCIATIONS
Minnesota Lawyers Magazine Up & Coming Attorney, 2016
Super Lawyers Rising Star, 2019-2021
Minnesota State Bar Association Certified Criminal Law Specialist, 2019-present
Minnesota State Bar Association
Ramsey County Bar Association
Warren E. Burger Inn of Court
Martin Henry Rossini Norder
2350 Wycliff Street, Suite 200
Saint Paul, MN 55114
651-224-3781
mnorder@kellyandlemmons.com
Education
University of Saint Thomas School of Law Minneapolis, MN
Juris Doctor, May 2008
Honors & Activities:
Dean’s Scholarship, Peer Mentor, Founding Member UST Law Hockey Team
University of Saint Thomas Saint Paul, MN
Bachelor of Arts Degree in Business Management and Leadership, Minor in Spanish, Cum Laude, May 2004
Honors & Activities:
Dean’s List (4 semesters), Aquinas Scholar Program, Management Club
Professional Experience
Kelly and Lemmons, P.A. Saint Paul, MN
January 2013-2017 Associate; 2018-Current Shareholder
•Criminal prosecution for cities of Little Canada, Shoreview, Arden Hills, North Oaks, and
Maplewood.
•Represent labor Unions in litigation and grievance arbitration hearings.
•Represent private clients in various types of civil litigation.
•Represent municipalities and townships on local government legal issues and litigation.
Honorable Lezlie Ott Marek, Judge of Ramsey County District Court Saint Paul, MN
January 2011-January 2013 Judicial Law Clerk
•Perform legal research in the preparation of memoranda, opinions, or orders for judge
concerning cases before the court.
•Confer with judge concerning legal questions and granting of orders.
•Prepare briefs and legal memoranda, including appropriate suggestions or recommendations
to the judge.
Honorable Michael T. DeCourcy, Judge of Ramsey County District Court Saint Paul, MN
October 2009-December 2010 Judicial Law Clerk
•Perform legal research in the preparation of memoranda, opinions, or orders for judge
concerning cases before the court.
•Confer with judge concerning legal questions and granting of orders.
•Prepare briefs and legal memoranda, including appropriate suggestions or recommendations
to the judge.
Professional Memberships and Awards
• Ramsey County Bar Association
o Board of Directors Member
o Youth and the Law Committee Co-Chair
o Golf Tournament Committee Co-Chair
• Warren E. Burger Inn of Court
• American Bar Association
• 2017 MADD Prosecutor Award
• Suburban Prosecutor Representative on Criminal Justice Coordinating Council
-1-
KEVIN M. BECK
2350 Wycliff Street, #200
Saint Paul, Minnesota 55114
651.224.3781
kbeck@kellyandlemmons.com
LEGAL EXPERIENCE
KELLY & LEMMONS, P.A., Little Canada, MN
Shareholder, 2015 - Present
Associate Attorney, 2008 - 2014
•Represent five Ramsey County suburban cities in misdemeanor and gross misdemeanor
criminal prosecutions. Oversee all aspects of petty misdemeanor, misdemeanor, and
gross misdemeanor prosecution cases, from charging through trial and appeal.
•Advise public and private labor Unions on collective-bargaining rights and obligations;
represent Unions in litigation and grievance arbitration hearings.
•Represent veterans to enforce their rights under Minnesota’s Veterans Preference Act.
•Manage various types of civil litigation files, plaintiff and defense, from drafting
complaint/answer, to discovery and motion work, through verdict and appeals.
•Advise cities and townships on local government legal issues, including negotiating and
drafting contracts, providing statutory interpretation of legal requirements, and
zoning/development issues.
•Advise corporations and individuals on transactional matters, ranging from employment
issues, to contractual interpretation/drafting, to property acquisition, and regulatory
compliance.
KELLY & LEMMONS, P.A., Little Canada, MN
Law Clerk, 2006 – 2008
•Researched, drafted, and edited various legal documents in a wide variety of legal areas,
including municipal, contract, property, labor/employment, and criminal law.
BAR ADMISSIONS
•State of Minnesota
•State of Utah
•United States District Court, District of Minnesota
•Eighth Circuit Court of Appeals
EDUCATION
WILLIAM MITCHELL COLLEGE OF LAW, Saint Paul, MN
Juris Doctorate, May 2008
CARLETON COLLEGE, Northfield, MN
Bachelor of Arts, June 2005
CAMBRIDGE UNIVERSITY, Cambridge, England
-2-
HONORS/PROFESSIONAL ASSOCIATIONS
SuperLawyers Rising Star, 2012-2017
Mothers Against Drunk Driving – 2014 Outstanding Metro Area Prosecutor
Minnesota State Bar Association, Member
• Judiciary Committee, Past Member
Minnesota State Bar Association Foundation, Member Board of Directors
Ramsey County Bar Association, Member
• Membership Committee, Past Co-Chair
• Diversity Committee, Member
Second Judicial District Ethics Committee, Member
Warren E. Burger American Inn of Court, Member
PRESENTATIONS
• 2017 Upper Midwest Employment Law Institute, Veterans and Public Employment,
Part II (St. Paul, MN 2017)
• Teamsters Local No. 346 Steward Seminar, Consequences of Off-Duty Conduct and
Social Media (Duluth, MN 2016)
• Minnesota Teamsters Law Enforcement League, Legal Updates for Law Enforcement
Officers (Minneapolis, MN 2015)
• Minnesota Teamsters Law Enforcement League, Legal Updates for Law Enforcement
Officers (Carlton, MN 2015)
• Minnesota Interscholastic Athletic Administrators Association 45th Annual Conference,
Keynote Address: Legal Issues, Transfers, Transgender, and Gift Ban (St. Cloud, MN
2015)
• Minnetonka Institute for Leadership – Athletic Directors’ Institute, Safeguarding your
Leadership: How to utilize state and federal law, recent case law and best practices of
student and staff investigations (Minnetonka, MN 2014)
• Teamsters Joint Council 32 Summer Quarterly Meeting, Collective Bargaining
Strategies (Breezy Point, MN 2014)
REFERENCES
Available upon request.