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27-CV-25-2808 <br />Filed in District Court <br />State of Minnesota <br />2/15/2025 12:08 PM <br />19. Immediately after being appointed, Ms. Berrett was sworn in, signed her oath, <br />and took her seat at the council dais at 6:28 p.m. Dickey Aff. Exs. D & E.1 <br />20.As of 6:28 p.m. on November 25, 2024, Ms. Berrett took possession of the seat <br />vacated by Mr. Johnson on the Orono City Council and became the incumbent of that <br />seat. Beginning at that moment, a vacancy no longer existed. <br />21. Ms. Berrett lawfully holds her seat as member of the Orono City Council as of <br />the filing of this petition. <br />22. According to both the minutes of the Orono City Council regular meeting on <br />November 25, 2024, as well as Agenda Item 15 to that meeting, both the intent and <br />effect of then -mayor Dennis Walsh's appointment of Ms. Berrett to Mr. Johnson's <br />vacancy was that she fill and serve the remainder of Mr. Johnson's term through 2026 <br />and that the special election be held "at" the next regular city election. See Dickey <br />Aff. Exs. C & D.2 <br />23.As of 6:28 p.m. on November 25, 2024, when Ms. Berrett took possession of her <br />seat on the Orono City Council and became the incumbent, the vacancy created by <br />1 See also City of Orono, Minnesota, City Council Meeting, Monday, November 25, <br />2024, available at https://oronomn.new.swagit.com/videos/321259 (last accessed Feb. <br />11, 2025). Ms. Berrett's swearing in begins at around 00:26:00 minutes. <br />2 See also City of Orono, Minnesota, City Council Work Session, Monday, January 27, <br />2025, available at https://youtu.be/EM3aD4pxLNM?si=HbYYSgsmfLnrmUx5 (see <br />23:20-24:50) (last accessed Feb. 10, 2025) (Mayor Bob Tunheim: "I want to fix what I <br />think the prior council did in overreaching by saying that Miss Berrett was named <br />until the end of that next term, and I don't read the statute as allowing that.") <br />(emphasis added); City of Orono, Minnesota, City Council Meeting, Monday, <br />February 10, 2025, available at https:Horonomn.new.swagit.com/videos/334379 (see <br />01:26:02 - 01:26:40) (last accessed Feb. 11, 2025) (Mayor Bob Tunheim: "You [Claire <br />Berrett] were appointed for the balance of the term....") (emphasis added). <br />5 <br />60 <br />