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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 />advice from the general counsel at the Secretary of State's office who said if you <br />don't —his read is if you don't have an ordinance it falls back to state law and state <br />law provides for special elections. So we wouldn't necessarily have to do this, but I <br />want to, I want to fix what I think the prior council did in overreaching by saying that <br />Miss Berrett was named until the end of that next term, and I don't read the <br />statute as allowing that. It's required —a special election is required. Now, we could <br />say that that special election is the next general election which is almost <br />two years from now, but that doesn't seem to me to meet the spirit of the <br />requirement that we have a special election when there's more than two years <br />remaining on the term. So, the path of least resistance is to adopt an ordinance." <br />(cleaned up of repetitions and fillers; emphasis added)..3 <br />45. Thus, Mayor Tunheim admitted that Ms. Berrett was appointed until the end <br />of former councilman Johnson's term under the law when the vacancy was filled. <br />46.On February 10, 2025, the Orono City Council met for a regular city council <br />meeting. See Dickey Aff. Ex. I. <br />3 City of Orono, Minnesota, City Council Work Session, Monday, January 27, 2025, <br />available at https://youtu.be/EM3aD4pxLNM?si=HbYYSgsmfLnrmUx5 (see 23:20- <br />24:50) (last accessed Feb. 10, 2025). See also City of Orono, Minnesota, City Council <br />Meeting, Monday, February 10, 2025, available at <br />https://oronomn.new.swayit.com/videos/334379 (see 01:26:02 - 01:26:40) (last <br />accessed Feb. 11, 2025) (Mayor Bob Tunheim: "You [Claire Berrett] were <br />appointed for the balance of the term, through twelve, thirty one, twenty six <br />[12/31/26]. I believe that exceeded the council's authority because the statute is very <br />clear ... that you could really only be appointed until the next —until the <br />special election, which could have been to the general election....") (emphasis <br />added). <br />will <br />65 <br />