City Council Meeting Date: July 7, 2026
To: Mayor and City Council
From: Jeff Schroepfer, Chief of Police
Title
Consider Approval of Contract for Civil Legal Services - Extreme Risk Protection Orders (ERPOs)
Body
Action Requested:
The Northfield City Council approves a Motion approving the attached Contract for Civil Legal Services - Extreme Risk Protection Orders (ERPOs) with Eckberg Lammers, P.C.
Summary Report:
Minnesota law authorizes law enforcement agencies to petition the court for an Extreme Risk Protection Order (ERPO) when an individual poses a significant danger of causing bodily harm to self or others through possession of a firearm. ERPO proceedings require legal review, preparation of court filings, legal research, and representation during court hearings.
Historically, ERPO matters have been handled through the City's civil legal services attorney. Staff is recommending that responsibility for ERPO proceedings be assigned to Eckberg Lammers, the City's prosecuting attorney.
Although ERPO proceedings are civil matters under Minnesota law, they are initiated by law enforcement and frequently arise from incidents involving criminal investigations, domestic violence, threats of violence, mental health crises, and other public safety concerns. Due to the close relationship between ERPO proceedings and law enforcement operations, staff believes these matters align more appropriately with the services provided by the City's prosecuting attorney.
Eckberg Lammers works closely with the Northfield Police Department on criminal prosecutions, legal consultation, officer training, and court proceedings. Their familiarity with police operations, evidence, court processes, and public safety issues will provide greater continuity and efficiency when evaluating and pursuing ERPO petitions.
The proposed agreement provides legal representation at ERPO hearings, training, process development, legal research, drafting of documents and orders, appeals, and related services. While the number of ERPO cases is expected to be relatively small, approximately four to five matters annually, staff believes it is important that these time-sensitive public safety cases be handled by attorneys who regularly work with the Police Department and the criminal court system.
The proposed agreement would be effective August 1, 2026, through December 31, 2027. Staff recommends approval of the agreement.
Alternative Options:
The Council may choose to continue utilizing the City's civil legal services attorney for ERPO proceedings. Staff believes assigning ERPO responsibilities to the prosecuting attorney better aligns the work with the nature of the proceedings and the Police Department's operational responsibilities.
Financial Impacts:
The agreement establishes an hourly rate of $350 for attorney services and $175 for paralegal/legal assistant services, plus reimbursement of actual costs and expenses as outlined in the agreement. Services will be utilized on an as-needed basis and no minimum expenditure or retainer is required. The Police Department anticipates approximately four to five ERPO matters per year, resulting in a relatively modest annual cost that will be paid from existing police department budget.
Tentative Timelines:
If approved, the agreement will become effective August 1, 2026, and continue through December 31, 2027, unless terminated by either party pursuant to the agreement.