The Civil Division acts as the County’s law firm. The Montgomery County Prosecutor, through his Civil Division, is the legal advisor to all county boards, county agencies, county elected officials, and township trustees, officers, boards and commissions.
The Civil Division consists of 10 attorneys, and support staff. Its responsibilities include initiating and defending civil actions and appeals in state and federal courts, and in a variety of administrative settings. The cases handled by the Civil Division include complex business law issues, civil rights violations, personal injury claims, and real property acquisitions. The Civil Division also deals with personnel and labor/employment issues and worker’s compensation claims; renders written legal opinions to clients who request them; and reviews and gives approval as to the form of all county contracts. The Civil Division assumes a significant and proactive role in providing legal counsel regarding the implementation and enforcement of a wide variety of programs and policies administered throughout Montgomery County.
The Civil Division is also responsible for reviewing public records requests submitted to the various county agencies to determine whether or not such requests should be honored under the provisions of Ohio’s public records law.
The DeTAC Unit of the Civil Division (Delinquent Tax and Assessment Collection Unit) represents the Montgomery County Treasurer in the filing of foreclosure actions against property owners who are delinquent in the payment of property taxes. In 2007, the DeTAC Unit filed 119 foreclosure actions against delinquent property owners, and collected over $5 million in delinquent real estate taxes and assessments on behalf of Montgomery County.
The Civil Division is also responsible for the forfeiture and seizure of assets used by criminals in the commission of crimes. In 2007, law enforcement agencies in Montgomery County received nearly $130,000.00 in forfeited funds and title to 27 forfeited vehicles as a result of the Civil Division’s efforts. The vehicles are used by undercover narcotic agents.
The Civil Division, along with the local law directors of the various municipalities in Montgomery County, is also responsible for enforcing Ohio laws prohibiting registered sex offenders from residing within 1,000 feet of a school or a daycare facility. The Civil Division currently has approximately 30 lawsuits pending against registered sex offenders who are allegedly residing within 1,000 feet of a school or a daycare facility. In addition, numerous other registered sex offenders who illegally resided within 1,000 feet of a school or a daycare center have voluntarily relocated as a result of the efforts of the Civil Division.
Phone: (937) 225-5767
John Cumming, Civil Division Chief until 2/28/2014
Mary Montgomery, Civil Division Chief effective 3/3/2014