The Crow Wing County Board will meet in emergency session today to hire legal representation in the lawsuit it's facing from County Attorney Don Ryan.
The board will meet at 10 a.m. today in the county board meeting room on the third floor of the Historic Courthouse. County Administrator Tim Houle said the meeting was scheduled upon official notice from the 9th Judicial District Court of the lawsuit.
Ryan is appealing the board's resolution that set the county's 2017 budget and property tax levy, alleging the board's actions were "arbitrary, capricious, oppressive or in unreasonable disregard for the responsibilities and duties of the office of the county attorney, and the county attorney's experience, qualifications and performance."
Ryan, who was elected Crow Wing County attorney in 1994, offered a budget proposal in August and an alternative drafted in November. Both were rejected by the county's budget committee. Instead, a modest increase in Ryan's budget to account for cost increases of sexual assault exams and costs expensed to his office for the county's new initiatives was approved by the county board.
"I don't appeal my budget lightly, and it saddens me after 20 budget submissions to do so," Ryan said in a statement after the board's Dec. 27 meeting. "But I believe it's in the best interest of my office and the citizens of Crow Wing County to do so at this time. Other than that I have no comment at this time."
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County Administrator Tim Houle said by phone Dec. 27 he and the board disagreed with the conclusion forwarded in the appeal.
"These things need to get worked out in the due course of time," Houle said. "I don't want to say anything more than that."
On Dec. 27, Ryan presented a notice of appeal along with a letter to Houle. In the letter, Ryan noted the county would bear the costs of any litigation on the matter, including the legal fees of the county attorney's office and legal representation of the county board.
"I do not believe it is in the best interest of the citizens of Crow Wing County to incur such costs," Ryan wrote. "Consequently, I am available if the board of commissioners are interested in negotiating an amicable resolution prior to incurring outside counsel expenses."
Ryan's authority to seek legal remedy if dissatisfied with his office's budget is written into statute. The statute requires county attorneys to appeal within 15 days of passage of the resolution, and further requires the court to hear the appeal upon 10 days' notice to the board chair. The court can order the county attorney and the county board to submit briefs and other memoranda. If the court finds against the county board, the matter is remanded to the board for further action consistent with the court's finding.
Since the appeal was filed, all five judges serving in Crow Wing County District Court have recused themselves from the case. Recusals are typically completed because of a prior relationship with parties involved, although judges are not required to list a reason for recusing themselves. A representative from Crow Wing County court administration said employees of the office were not allowed to comment on the case.
Thursday, the case was assigned to Cass County Judge David Harrington. A scheduling conference is set for 11 a.m. Jan. 18.
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Video from Crow Wing County Board of Commissioners Emergency Meeting
AGENDA:
1. 10:00 AM Call to Order and Pledge of Allegiance
2. Retain Counsel to Defend County Board in Budget Appeal of County Attorney
Notice of Case Filing and Assignment
3. Adjournment
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