City Attorney's Office

Mission statement

To enhance public safety and quality of life for Bloomington residents through fair and effective prosecution of crimes and civil administrative offenses occurring in the community, to protect the City's assets by proactively providing timely and effective legal counsel to the City, its elected officials, staff and boards and commissions, and to assist in the vigorous defense of claims brought or threatened against the City, all in a highly cost-effective, collaborative, and focused manner.

Where to call for assistance

The City Attorney's Office is responsible for the prosecution of non-felony cases committed by adults occurring in the City. The City Attorney's Office also provides legal representation and general counsel services to all City departments, the City Council, and all City boards and commissions. The City Attorney is Melissa Manderschied. The City Attorney is assisted by a Deputy City Attorney and four Assistant City Attorneys in the Criminal Division, a Deputy City Attorney and two Assistant City Attorneys in the Civil Division. In addition, the Office is assisted by a Risk and Litigation Manager, a Compliance Manager, a Compliance Paralegal, a Crime Victim Liaison, a Civil Paralegal, a Criminal Paralegal, an Office Support Specialist, a Legal Administrative Assistant and two Office Assistants.

The City Attorney's Office does not provide legal advice or representation in private legal matters.

The Deputy City Attorney and Assistant City Attorneys handling criminal prosecution appear in Hennepin County District Court, Division IV Court located at the Hennepin County Government Center, 300 South 6th Street, Minneapolis. Typical misdemeanor offenses include driving under the influence of alcohol, domestic assault, violation of orders for protection, simple assault, trespassing, shoplifting, disorderly conduct, theft or damage to property where the value of the property is less than $1000, careless and reckless driving, and petty traffic offenses.

All felony level offenses are handled by the Hennepin County Attorney's Office, 612-348-5550, www.hennepinattorney.org.

All juvenile matters are handled by the Hennepin County Juvenile Division, 612-348-7916. If the juvenile offense is either a petty misdemeanor or DWI, the Bloomington City Attorney's Office will prosecute.

The Deputy City Attorney and Assistant City Attorneys work with the City Attorney to provide legal advice and services to the City's elected officials, various City departments and all City boards and commissions. These matters include:

Drafting City ordinances, policies, procedures, and some state legislation, that are capable of fair and even-handed enforcement and which provide clear direction to residents and businesses of their rights and responsibilities;
Communicating with City residents and businesses, where there appears to be a property management problem that could potentially involve enforcement actions against them, to identify best practices and other solutions to achieve long-term compliance with applicable laws;
Drafting written legal opinions and training materials to advise and guide the City’s elected officials, supervisors and volunteer commission and board members with respect to the state and federal statutory and constitutional provisions relating to the performance of their job duties;
Reviewing and drafting City employment rules and policies in a manner that provides clear notice to employees of their rights and responsibilities, complies with all applicable state and federal laws and promotes the City’s mission to be a productive organization of providing quality services;
Applying the City and State land use and zoning laws to specific cases;
Negotiating and structuring public financing for public infrastructure essential to large scale private developments that will increase the City’s tax base and job force;
Negotiating and finalizing City real estate transactions by mutually agreed upon terms of sale or acquisition or by eminent domain;
Enforcing the City and State Building, Health and Sanitation Codes, including the declaration of premises as unfit for human habitation, removal of hazardous buildings, the temporary closure of pools or restaurants where conditions threaten the public's health;
Negotiating, drafting and reviewing all City contracts, development agreements and professional service agreements;
Negotiating telecommunications agreements and other private requests to use City property or right-of-way.
Enforcing City and State licensing laws;
Participating in the defense of all civil claims against the City in state and federal courts.

The mission of the Bloomington City Attorney’s Office’s Compliance Division is to ensure operational compliance standards and procedures are established and followed, to assist with the implementation and enhancement of internal controls, and to support a work environment that effectively contributes to the pursuit of the City’s mission. The division ensures that the City adheres to federal, state, and municipal laws, rules, and regulations. We also ensure those doing business with the City and City employees are following applicable compliance policies and procedures, and we enforce multiple ordinances for the city such as the Earned Sick and Safe Leave Ordinance.

The division assists departments within the City in developing, implementing, maintaining, and supporting compliance related to, for example:

Business Subsidies
City Code Enforcement
Conversion Therapy Ban
Earned Sick and Safe Leave Ordinance
Fair Housing
Grants
Opportunity Housing

Business Subsidy Compliance

The division assists departments within the City to:

Implement proper internal controls.
Examine program and funding compliance with federal, state, local laws, and business subsidy agreement requirements.
Track, monitor, and review business subsidies.
Serve as a resource for City departments for business subsidy processes and management.

City Code Enforcement Compliance

In our goal to promote and protect the health, safety, welfare, and quality of life for residents and businesses of the City of Bloomington, the City enforces applicable laws and municipal ordinances related to properties within the city limits. The division assists affected parties achieve compliance through a fair, legal, and efficient process that exhibits professionalism and courtesy to accomplish our mission.

Conversion Therapy Ban Compliance

The division enforces the Conversion Therapy Ban Ordinance that makes conversion therapy practice on a minor or vulnerable adult in the City of Bloomington unlawful.

Earned Sick and Safe Leave Ordinance Compliance

The division educates and informs employees and employers in Bloomington about the Earned Sick and Safe Leave Ordinance, with a mission to ensure compliance with the ESSL Ordinance.

Fair Housing Compliance

The division assists departments within the City to ensure the City’s compliance with the City’s fair housing policy by:

Coordinating training and education regarding fair housing laws, regulations, and policies.
Coordinating internal compliance with the City’s fair housing policy.
Referring complaints to appropriate agencies.

Grant Compliance

The division enhances the City’s internal compliance with applicable grant policies, rules, and regulations by aiding with all City grants while improving administration and responsible stewardship of federal, state, and private grant funds.

The primary objectives are to:

Ensure the existence and implementation of proper internal controls.
Examine program and funding compliance with federal, state, and private grant requirements.
Serve as a resource for City departments during grant management.
Coordinate the existence of systems that track grant expenditures, award orientations, monitoring, and review.

Opportunity Housing Compliance

The division tracks properties financed with certain types of housing assistance. The team ensures the long-term preservation of affordable housing and compliance with federal, state, and local laws, rules and regulations by training, educating and tracking project reporting and compliance.

Does the City Attorney’s Office represent private individuals?

No. The City Attorney’s Office exists to serve the municipal corporation that is the City of Bloomington, as well as its elected officials, staff and boards and commissions. It does not provide legal advice or representation in private legal matters. Individuals with private legal disputes, issues or questions should contact a private attorney. Lawyer referral services can be found at Minnesota Courts, the Hennepin County Bar Association Lawyer Referral Service, 612-752-6666 and Minnesota Find a Lawyer.

How do I file a claim against the City?

How do I file a complaint against the Bloomington Police Department?

How can I address private trespass issues such as intruding tree branches, fallen trees or branches, snow placement, fence placement or other boundary issues

I'm the victim of a domestic assault. Is there someone I can call for help?

Call the Police Department at 9-1-1 for emergencies or 952-563-4900 for non-emergencies. A valuable resource for Bloomington residents is Cornerstone Advocacy Service 952-884-0330 (24 hours)/ 1-866-223-1111 (crisis line). Cornerstone provides services to crime victims, such as emergency and transitional housing, advocacy for victims of domestic assault, services for children, and help with obtaining restraining orders.

Someone has committed a crime against me. What is the legal process?

The City Attorney’s Office cannot prosecute criminal charges without a police report. First, file a police report with the Bloomington Police Department. If it is an emergency, dial 9-1-1. For non-emergency matters call 952-563-4900. If the Police Department determines that there is sufficient evidence that an offense has been committed, the Police Department will forward the report to either the City Attorney's Office (gross misdemeanor and misdemeanor-level crimes) or the Hennepin County Attorney’s Office (felony-level and juvenile crimes). Depending on the circumstances of the case, either a citation or a criminal complaint may be issued. If the defendant is charged, Hennepin County District Court will assign the defendant with a court date.

If a defendant is charged with an offense prosecuted by the City Attorney’s Office, the City’s Crime Victim Liaison will contact the reported victim and provide information regarding a victim’s rights, the process for reimbursement of out of pocket expenses as a result of a crime, and court hearing information. If you are a victim of crime which is being prosecuted by the City Attorney’s Office and have questions related to victim rights, please contact the City’s Crime Victim Liaison at 952-563-4632 or email her at sseelhammer@bloomingtonMN.gov.

The first court hearing in a criminal case is called an arraignment. The purpose of this hearing is to inform a defendant of his/her/their rights, make sure the defendant understands the charges against him/her/they, apply for a court appointed defense attorney, and impose appropriate conditions of release. Depending on the level of offense, the defendant is required to enter a plea; either guilty or not-guilty.

If the defendant pleads not guilty, then, a pre-trial hearing is set. Prior to the pre-trial hearing the defense requests discovery per the court rules, reviews the evidence to determines if there are any pre-trial issues related to the evidence obtained in the case. In victim cases, the City’s Crime Victim Liaison will contact the victim, update the victim on the court proceedings and provide dates for future hearings. A victim is not required to appear at the pretrial hearing.

If a case does not resolve at the pre-trial hearing, the matter could be continued for an additional pre-trial hearing, or proceed to a jury trial. It is not unusual for a settlement conference to be scheduled approximately 4 weeks before the jury trial in order to try to resolve the case or narrow issues to be heard at a jury trial. At this time, the victim and all witnesses will receive notices or subpoenas to appear in court. A subpoena legally requires a victim or witness to appear in court on the specified date and time. The notice will ask that the victim or witnesses to contact our office prior to the court date.

At any time during the pre-trial process a defendant can decide to plead guilty. A sentencing hearing is required on all domestic violence related guilty pleas. Because a defendant may plead guilty at any time during the pendency of a criminal case, a victim is permitted and encouraged to provide input regarding the resolution of the case, which includes completing a victim impact statement, and to request reimbursement for out of pocket expenses incurred as a result of the crime.

Jury trials are conducted downtown at the Hennepin County Government Center, 300 South Sixth Street, Minneapolis.

How do I get a domestic order for protection (“OFP”)?

An OFP is a court order that a victim of domestic abuse by a family or household member can apply for to prohibit the abuser from future contact or abuse.

If you are a Bloomington resident, call Cornerstone Advocacy Service, 952-884-0376. Non-Bloomington residents can call the Domestic Abuse Service Center at 612-348-5073. Cornerstone provides services to crime victims, such as emergency and transitional housing, advocacy for victims of domestic assault, services for children, and help with obtaining restraining orders.

How do I get a harassment restraining order (“HRO”)?

An HRO is a court order that a victim of harassment by another person, who is not a household or family member, can apply for to prohibit that person from having any contact with the victim and to prohibit future harassment.

Call Cornerstone Advocacy Service's line, 952-884-0376. Cornerstone provides services to crime victims, such as emergency and transitional housing, advocacy for victims of domestic assault, services for children, and help with obtaining restraining orders.

Additional resources are available at the Self-Help Center on the 2nd floor, Public Service Level, of the Hennepin County Government Center in Minneapolis, located at 300 South 6th Street. This is a walk-in service only that does not take appointments. There you will find the necessary court forms.

How do I obtain information about my participation in a criminal case as a witness or victim?

You will receive in the mail a letter from the Crime Victim Liaison advising you of an upcoming court date on the case, should you wish to attend. That letter will also indicate the procedure by which you may seek restitution for any property damage or other out-of-pocket financial loss you suffered as a crime victim. Restitution requests must be submitted in writing and must be received at least three days prior to the court date with verification of the costs being claimed. Restitution requests will be presented to the presiding judge who can then choose to award restitution, in full or in part, or decline to order the defendant to pay restitution. Further information can be obtained by calling 952-563-4632 and speaking with our Crime Victim Liaison.

How do I respond to a subpoena?

How do I report nuisance conduct or conditions on my neighbor’s property?

For cases where your neighbor has an accumulation of junk or abandoned vehicles on his or her property, buildings with dilapidated conditions, long weeds or brush accumulations or a home business you need to contact the City’s Environmental Health Services Division at 952-563-8934 or envhealth@BloomingtonMN.gov(link sends e-mail) with the property’s address, the problems you observed and optional contact information. Your complaint will remain anonymous.

How do I respond to an administrative citation?

When you receive a citation, you must respond within 25 calendar days. You have two options: (1) pay the amount of the fine listed on the citation and correct the violation; or (2) contact the City Attorney’s office at (952) 563-8753 to request mediation and a hearing. If you do nothing, you are admitting that you violated the City ordinance and the fine will be increased by a 10% late fee. That amount will be charged against your real property in the manner of an assessment, along with interest thereon. In addition, the City may bring criminal charges against you or file a civil action against you. If you do not correct a continuing violation, even if you pay the amount of the fine, the City may issue a second citation and/or take other action to achieve compliance with the ordinances.

How can I get help in resolving an on-going dispute with my neighbor, such as animal control issues, private trespass issues or other nuisances that do not qualify as a criminal offense or City code violation?

The City is a contributing member of the Conflict Resolution Center which provides mediation services aimed at resolving these types of neighborhood disputes. You may directly contact the Conflict Resolution Center by email at mediation@crcminnesota.org(link sends e-mail), fax: 612-822-9890, or mail: Conflict Resolution Center, 2101 Hennepin Ave. S, Suite 100, Minneapolis, MN 55405. Further assistance can be provided through the Bloomington Police Department Proactive Police Services Unit at 952-563-4900.

What should I do in response to a traffic ticket?

How do I find out if there's a warrant against me?

What should I do if I missed, or need to continue, my court date?

The City Attorney’s office cannot change existing court dates for you or quash or invalidate a warrant. To find out if you have missed a court date or to continue a court date you must call the Hennepin County Clerk of Court at 612-348-2040. If you have missed your court date, it is likely that a warrant for your arrest (a bench warrant) was issued by the judge. Contact the Hennepin County Sheriff's Office, 612-348-2000. If you are charged with a crime and given a court date, even if you live outside of Minnesota or the metropolitan area, you will need to appear in court on the date your court appearance is scheduled or arrange to have a private attorney appear on your behalf.

How do I get a copy of a police report, accident report or other discovery in a criminal case?

If you are a defendant or defense attorney in a criminal case that has been charged or is being prosecuted by the City Attorney’s Office, you must make a written request for these documents to the Bloomington City Attorney’s Office, 1800 W. Old Shakopee Road, Bloomington, MN 55431. Include the date, time and location of the offense, your name, address and telephone number. The City Attorney’s Office requires prepayment of between $5- $20 (dependent on the type and level of offense) for the cost of providing these reports. DVD’s of police recordings will cost $40.

How do I have my criminal conviction expunged?

How do I get my property back from the police?

Contact the Bloomington Police Department at 952-563-8843. You will have to make an appointment with the police property clerk. Property held as evidence in a criminal case will not be released until the case is completely concluded. Property subject to state forfeiture laws will only be released in compliance with those laws at the discretion of the police department. Some property may be subject to confiscation if it constitutes contraband, which is property that is illegal to own or possess in the state.

How do I speak with the prosecutor about my criminal case?

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