Laserfiche WebLink
27-CV-25-2808 <br />Filed in District Court <br />State of Minnesota <br />2/15/2025 12:08 PM <br />13.On November 12, 2024, at a regular city council meeting, the Orono City <br />Council adopted Resolution 7530 accepting Matt Johnson's immediate resignation of <br />council membership and declaring that a vacancy exists on the city council effective <br />November 12, 2024. Dickey Aff. Ex. A; see also Minn. Stat. § 351.02(2) (an incumbent's <br />resignation causes a vacancy in "[e]very office"). <br />14.According to Minnesota Statutes section 412.02, subd. 2a, the Orono City <br />Council needed to fill the vacancy created by Mr. Johnson's resignation by <br />appointment. Minn. Stat. § 412.02, subd. 2a ("a vacancy in an office shall be filled by <br />council appointment until an election is held as provided in this subdivision"). <br />15.On November 25, 2024, at a regular city council meeting, then -mayor Dennis <br />Walsh moved, and then -council member Richard Crosby III seconded, "to appoint <br />Claire Berrett to the City Council seat vacated by Matt Johnson effective immediately <br />to fill the remainder of the term through 2026." Dickey Aff. Ex. D; see also Dickey Aff. <br />Exs. B & C. <br />16. The motion failed on a tied 2-2 vote. Dickey Aff. Ex. D. <br />17.According to Minnesota Statutes section 412.02, subd. 2a, in the event of a "tie <br />vote in the council, the mayor shall make the appointment." <br />18. After the motion failed on the tie vote, then -mayor Dennis Walsh appointed <br />Claire Berrett to fill the vacancy. Dickey Aff. Ex. D. <br />0 <br />59 <br />