Item Description:
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Neg Agmt PR00008798 with Messerli & Kramer, P.A. Attorneys at Law for legal services with a NTE of $100,000
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Resolution:
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BE IT RESOLVED, that the County Administrator be authorized to negotiate an Agreement with Messerli & Kramer P.A. for the provision of legal services, with a not to exceed of $100,000; that upon review and approval by the County Attorney's Office, the Chair of the Board be authorized to sign the Agreement on behalf of the county; and
BE IT FURTHER RESOLVED, that the County Board authorizes payments for legal services under this agreement pursuant to Minn. Stat. §465.76, subd. 1, and that the Controller be authorized to disburse funds as directed.
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Background:
In July 2026, the United States Department of Homeland Security delivered a series of administrative subpoenas to the Hennepin County Sheriff’s Office, purporting to seek the transfer of custody of specific detainees held within the Hennepin County Adult Detention Center (jail). These subpoenas were accompanied by cover letters threatening federal criminal prosecution for failure to deliver the detainees.
Minnesota law permits county boards to reimburse a county officer or employee for legal costs incurred “to defend charges of a criminal nature brought against the person that arose out of the reasonable and lawful performance of [their] duties for the . . . county.” Minn. Stat. § 465.76, subd. 1. Because the United States government appears to be threatening criminal prosecution against a county official arising out of the performance of their duties for the county, Minn. Stat. § 465.76, subd. 1 authorizes the county to pay outside counsel to represent the official.
This resolution seeks authority to negotiate and enter into a contract with Messerli & Kramer, P.A. Attorneys at Law to represent county employee(s) related to this criminal investigation.
This request funds services that are: core services
recommendation
Recommendation from County Administrator: Recommend Approval