02-24-2025 CC Agenda Packet - Laserfiche WebLink

Home Browse Search

27-CV-25-2808 Filed in District Court State of Minnesota 2/15/2025 12:08 PM 29. Therefore, the Orono City Council was required to hold a special election "at or before the next regular city election." Minn. Stat. § 412.02, subd. 2a. 30. Minnesota Statutes section 412.02, subd. 2a states that "[t]he council must specify by ordinance under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election." 31. Neither at the time Mr. Johnson resigned, nor when the Orono City Council accepted his resignation and declared a vacancy, nor when Ms. Berrett was appointed to Mr. Johnson's vacancy, did the City of Orono have an ordinance specifying "under what circumstances it will hold a special election to fill a vacancy other than a special election held at the same time as the regular city election." See Dickey Aff. Ex. C ("The statute includes conditions where a special election is used to fill a vacancy. One of the conditions is that the city code contains a special election provision. The Orono code does not contain a special election section. After consulting with the Minnesota Secretary of State office and legal review, the City Attorney concluded there is no authority for the city to adopting [sic] an ordinance authorizing a special election at a time other than the regular city election to fill a vacancy that has already been filled by appointment.") (emphasis added). 32. Since the City of Orono did not have such an ordinance as required under Minn. Stat. § 412.02, subd. 2a, either before Mr. Johnson's vacancy occurred or at the time of Ms. Berrett's appointment, Ms. Berrett's appointment is valid until December 31, 2026. R 62