HomeMy WebLinkAbout2015 01-21 Maplewood restructures city attorney position Council members divided over new hires MAPLEWOOD REVIEW2/4/2016 Maplewood restructures city attorney position Council members divided over new hires I Lillie Suburban Newspapers - LillieNews.com
Maplewood restructures city
attorney position Council
members divided over new
hires
Submitted by admin1 on Wed, 01/21/2015 - 3:24pm
By: Erin Hinrichs
Elliott Knetsch
Alan Kantrud
Back in March, Maplewood city officials began discussions about changing the structure of the city's legal representation.
At the recommendation of council member Marylee Abrams, who is a lawyer, they decided to divide criminal prosecution
services from civil services, a move that required the city to hire two attorneys from separate law firms.
"We were using our leverage as a consumer to get the best services for the city," Abrams said at the Dec. 12 city council
meeting, later adding that the combined caseload is too much for one attorney to handle. "We reevaluated what was the
best representation for the city."
Alan Kantrud had been serving as the city's general counsel and prosecutor since 2006. Patrick J. Kelly, of the Kelly &
Lemmons law firm, served in that same capacity for many years prior to the hiring of Kantrud. Both law firms submitted
applications for the new attorney positions.
In brief, the city prosecutor represents the city in all criminal cases heard in Ramsey County District Court. Often for petty
misdemeanor, misdemeanor and gross misdemeanor charges, they negotiate with the defendant, on the behalf of the city,
before the case makes it to court. Since the city has a large commercial district, including Maplewood Mail, and is the
target of a lot of retail -related crimes, the city prosecutor works closely with the police department and chief Paul Schnell.
The city's civil attorney attends all city council meetings, advising the council on drafting city ordinances, reviewing and
negotiating contracts and interpreting city, county and state laws, as they affect city business.
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Narrowing the field
Beyond a basic review of each candidate's qualifications and fees, the selection process included council and staff interviews
with five law firms for prosecution services (narrowed down to three in a second interview round conducted by Karen Haag, the
citizen services director, and Schnell) and three firms for civil services.
In accordance with staff recommendation for criminal prosecution representation, the city council voted to hire Elliott Knetsch, of
the Campbell Knutson law firm, 3-2, with Council members Bob Cardinal and Marvin Koppen dissenting.
As presented by Schnell, some of the deciding factors of the recommendation included the fact that Campbell Knutson currently
serves the city of Burnsville with prosecution services, another fully developed suburb with a similarly sized mall and
comparable criminal activity.
Campbell Knutson earned positive reviews from police leaders in both Burnsville and Plymouth, where it also serves as the
city's attorney. Both suburbs are located in the west metro area.
Campbell Knutson's fee structure ultimately gave it the competitive edge at $126 an hour, not to exceed $9,000 a month, for all
prosecution services in 2015.
"Based on the fact that all of the firms were deemed equally qualified to deliver these services, we went with Campbell Knutson
because it came in at the lowest price tag," Schnell said.
Cardinal and Koppen both expressed a strong preference for Patrick J. Kelly of the Kelly & Lemmons law firm, who had
previously served as Maplewood's city attorney for over 30 years.
"We shouldn't forget that [Mr.] Kelly was a lawyer when we got the Ramsey County courthouse next to us," said Cardinal, then
explaining his reservations over contracting with Campbell Knutson.
"They don't really work in Ramsey County," Cardinal said. "I want the best we can get. I don't want the cheapest."
Abrams pointed out that the case both councilmen were building in favor of Patrick J. Kelly held no ground because his law firm
had actually offered a different lawyer to represent the city when it applied to serve as the city's attorney for prosecution
services.
Confusion over the Kelly & Lemmons proposal aside, Knetsch, representing Campbell Knutson at the meeting, addressed
concerns over his firm's familiarity with the Ramsey County courts.
Knetsch said he already knows a number of faces in the Ramsey County court system and noted that common cases, such as
thefts and DWI violations, "don't change from county to county."
In a follow-up phone interview, Knetsch said, "I'd like to thank Chief Schnell and the council for the confidence they put in our
firm. We intend to meet and exceed their expectations."
While council member Kathleen Juenemann ultimately voted in favor of hiring Campbell Knutson, she challenged the length of
the five-year contract.
City Manager Melinda Coleman explained that the city reserves the right to end the contract, at any point, with a 30 -day notice.
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Kantrud stays on
While the council adhered to staff recommendations in rehiring H. Alan Kantrud —who has been the city's civil and criminal
attorney — to serve as the city's civil attorney, Mayor Nora Slawik and Abrams dissented in a 3-2 vote.
"Kantrud was hired under [Diana] Longrie," Slawik said, referring to the former mayor's tenure, when the city saw a large wave
of staff turnover and firings, and a spike in personnel -related lawsuits filed against the city.
"I'm saying it's time for someone new. It's a different time than it was in 2005 and 2006. We are in need of representation
that's in line with where we are now, not then."
Slawik also expressed concern over Coleman's sentiment in referring to the management team as a "family," which included
Kantrud.
"We are the sentinels. We are the watch guards of the people's money. When we call this a 'family,' that is much more akin to
a business," she said, adding that her reservations about Kantrud's ability to execute his duties were grounded in what she
perceived to be a general lack of accountability thus far. While it may not have been formally required of him, Slawik asserted
her requests for data from Kantrud in the past were never fulfilled.
Coming to Kantrud's defense, Juenemann said, "I was here when Mr. Kelly was basically forced to leave. I think Kantrud
arose to the occasion very well under the guy who pretended to be a city manager."
Qualifications city officials presented in favor of hiring Kantrud, on a one-year contract, included the fact that his proposal was
the only one that included litigation costs; he's already familiar with city staff and land issues, and his contract is affordable at
$96,000 a year for all civil legal services.
Erin Hinrichs can be reached at 651-748-7814 and ehinrichs@lillienews.com. Follow her at twitter.com/EHinrichsNews.
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