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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 />33. Since the City of Orono did not have such an ordinance as required under <br />Minn. Stat. § 412.02, subd. 2a, either before Mr. Johnson's vacancy occurred or at the <br />time of Ms. Berrett's appointment, the City of Orono had no legal option to appoint <br />Ms. Berrett for less than the full remainder of Mr. Johnson's term. <br />34. Likewise, at the time of Ms. Berrett's appointment, the City of Orono had no <br />legal authority to call for a special election before the time of the next regular city <br />election, November 3, 2026. <br />35. Neither at the time Mr. Johnson resigned, nor when the Orono City Council <br />accepted his resignation and declared a vacancy, nor when Ms. Berrett was appointed <br />to Mr. Johnson's vacancy, did the City of Orono call for a special election. <br />36. Pursuant to the appointment made by then -mayor Dennis Walsh on November <br />25, 2024, and according to Minnesota Statutes Section 412.02, subd. 2a, Ms. Berrett <br />currently holds the right to the office of councilmember on the Orono City Council, <br />and she is entitled to hold that office until the qualification of a successor elected at <br />the special election held at the next regular city election on November 3, 2026. See <br />also Minn. Stat. § 412.02, subd. 2 ("Terms of elective officers shall commence on the <br />first Monday in January following the election at which the officer is chosen. All <br />officers chosen and qualified as such shall hold office until their successors qualify."). <br />37. The only time an ordinance that allows for the calling of a special election <br />sooner than a regular city election can apply is "to fill a vacancy" which occurs under <br />Minnesota law. Minn. Stat. §§ 412.02, subd. 2a & 351.02. In other words, a vacancy <br />must first exist before a special election can be called by ordinance. <br />63 <br />