Civil

Pursuant to Minn. Stat. 388.051, the County Attorney gives legal opinions and advice to the Olmsted County Board and any other county officer or official concerning all matters in which the County is or may be interested, or in relation to the official duties of the Board or officer.

Civil division attorneys provide legal advice to all county officials and County Administration. An attorney reviews the County Board agenda and attends the Board meeting to insure compliance with all legal requirements.

The Civil Division manages or defends lawsuits against the County that not covered by insurance, such as planning and zoning matters, personnel issues and real estate tax appeals.

The Civil Division assists the Public Health Department in the enforcement of public health statutes and ordinances.  These matters involve restaurants, swimming pools, mobile home parks, motels, septic system violations, and sales of tobacco to minors by retailers. Perhaps most important to public safety is the prosecution of public nuisance and hazardous waste violations.

The Civil Division provides counsel to the County Public Works Department when legal issues arise over county road right of ways, bridges, dams, waste management facilities, parks and other public infrastructure.

The Civil Division provides legal advice to the Rochester - Olmsted Planning Department on all land use matters including land use planning and the drafting, adoption and enforcement of the Olmsted County land development ordinances. The Civil Division attorneys attend public meetings and hearings of the Planning Advisory Commission and the Board of Adjustment and Appeals.

Each year property tax owners in Olmsted County file petitions for reclassification, exemption or reduced assessed values.  Most of these cases are settled.  However, some cases may require a trial before the Minnesota Tax Court.  These cases may include a residential homestead (whether the property owner qualifies for homestead status) or may challenge the assessed value of their home.  They also include challenges to the valuation of commercial properties in the County.  The Civil Division also furnishes legal counsel to the Property Records and Licensing Department when issues arise concerning the recording of documents, vital records and elections.

The Civil Division advises the Community Services Department on matters involving adult and child protection, mental health, guardianships and conservatorships, and administration of various types of public assistance.  The Civil Division prosecutes Child in need of Protection or Services (CHIPS) cases; Termination of Parental Rights (TPR) cases; guardianship and conservatorship cases; Mentally Ill or Chemically Dependent cases; Mentally Ill and Dangerous cases; Sex Offender Commitment cases; and representation on Administrative Licensing suspensions or revocations.  

The Civil Division also provides legal counsel to the Olmsted County Sheriff's Department concerning their service of process duties as well as to the County Homeland Security Department when emergency management legal issues arise. 

The Civil Division prepares or reviews hundreds of contracts and agreements annually between the County and contractors, service providers, vendors or other governmental agencies doing business with the County. Civil Division attorneys also review and help prepare bid specifications for many County purchases and projects.

The Civil Division continues to take a leadership role in providing training to all new County employees concerning the Minnesota Government Data Practices Act which ensures that information collected by the County on private citizens is not released unless authorized by law. We also provide legal advice to all county departments concerning the Minnesota Government Data Practices Act so as to ensure compliance with the Act.  The Civil Division also provides legal advice to the County Human Resources Department as needed on personnel issues.

Finally, the Civil Division provides legal advice to a number of separate entities which are related to the County such as the Olmsted County Building Authority, the Olmsted County Regional Railroad Authority and a variety of joint powers boards working with other public entities across all departments.