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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 />end of 2026. The vacancy ended, and the appointment was for the remainder of the <br />term. That term cannot now be shortened by Respondent Orono. <br />107. While this Court need not reach the constitutional question if it holds in <br />favor of Petitioner on the statutory basis described above, the Minnesota Constitution <br />also bars retroactive application of a statute designed to shorten the holding of a <br />legislative seat. <br />108. The Constitution provides that a municipal officeholder can only be <br />removed from office in limited circumstances, and none of those circumstances apply <br />to terminate Ms. Berrett's office prior to the end of 2026. <br />109. Under Minn. Const. art. VIII, § 5, the legislature "may provide for the <br />removal of inferior officers for malfeasance or nonfeasance in the performance of their <br />duties." See also Jacobs v. City of Columbia Heights, 9 N.W.3d 536, 540 (Minn. 2024) <br />("municipal officers ... `may not be removed except for malfeasance or nonfeasance in <br />office."' (quoting Jacobsen v. Nagel, 96 N.W.2d 569, 572-73 (Minn. 1959)). <br />110. There is no other provision under the Minnesota Constitution by which <br />a municipal officer can be removed from office. <br />111. Passing an ordinance for the sole purpose of removing an officer, and <br />then calling a premature special election for Claire Berrett's council seat, when an <br />appointment had been made for the remainder of a term to expire at the end of 2026, <br />is like a removal proceeding in that it forces the end of the incumbent's control of the <br />seat and sets up a mechanism for replacing that official through the special -election <br />process. <br />25 <br />80 <br />