##VIDEO ID:mNTUSxLNnzc## go ahead and start this is a recess special city council meeting Wednesday excuse me Friday November 15 and um but that would do the call to order first May course here councelor Phillips here councelor penr here councelor Richards here councelor here um who do we have online a lot think they've got them all in now is Mike in there or is um That's Mike or let me just do a brief introduction if Mike wants to speak first okay so we'll open our meeting with um a motion to continue um the recess our meeting so I make a motion we open the meeting coming from the recess February 13 I'll second that comments saying none all those in favor signify by saying I I so so in the packet that you received there's um this is a result of our meeting on the 13th was to get some clarification more input so when you're packet you would have received a memo from our city attorney's office there's also an email to Jason from the office of Minnesota's secretary of state general counsel Justin Erikson and there's also a copy of a case study from the Minnesota attorney general that was based on receiving a certificate back in 1999 reference of something like this happening or gone too far and that was a result of the law suit in the case so it's a case study on that so in that packet um as I mentioned I think the key piece of documentation that we were kind of asking for was the email that was sent to Jason from The General Counsel for the office of Minnesota Secretary of State and it's four or five paragraphs but I think he in his memo email think he very clear and identifying what the expectations are of of for sure approving the resolution with the data and so that's you've had a chance to look at that there's any comments regarding that memo that Jason received I I did Ryland and uh I really SP they specific attention to uh the third paragraph if you'd like to maybe you like to read that so that public understands what what what it actually says yes okay um we also understand that the city council's reluctance to certify the election is related to a dispute over when the winner of a special election for city council may take office such a dispute as well outside the scope of the canvasing board's responsibility the canvasing process is narrow and limit to the compation compleation and reporting of numbers contained in the preing summary statements ID disputes related to the start date for the winner of a special election are separate issues which are not revent to cacing and declaring the action result so that just kind of reaffirms that you know the basic emphasis is to confirm the data we talked about that at the meeting on Wednesday but but it does but it does also clarify why it was disputed because there were two separate issues on the same on the same resolution there was two yes there was two issues brought up uh one was uh the numbers and two was the the timing of um Dan the winner had the most votes for the U from the special election and that's clarified in the next allow me to read that too um it says in any event the law is also clear as to when the winner of a special election takes office they do so immediately upon qualification this relats to the minimal Minimus Minnesota statute 4 2.02 subdivision 2A qualification occurs once the one time or once the in parenthesis one time for contesting elections has passed two elected candidates submits the campaign financial report certification to filing three elected candidate receives the certificate of election and four elected candidate takes the old of office this is no legal basis to delay the elected candidates taking office once these steps are completed the Minnesota attorney general has issued an opinion taking the same position that was in in her packet to uh and one other thing R when it come to my understanding was when when we put Irv on the when Irv was added to the council back in February uh the the vacant city council position posted this that says do you ever want to get involved to your community to share ideas to make oronoko grow and prosper this may be for you the city of oronoko vacancy has a city counil position that is an 11mon term that is where we thought it should go at the end of the year um I we we understand different now but that's where that came that's that's that's that's where my position came from and understanding what's going on well that's what my understanding was too I was going till on end of the year so but well that's whatever it is I yeah and that's and that's um well thanks for bringing that to our attention but at the same time the statue is such that it's really two independent issues I mean that's one we can approve the results and two once we approve the results that means that Dan has um method qualifications and we can continue with submitting the campaign financial report finding to the state and and then he can take that office on November the 22nd about seven days after today so he would take the office and November 22 so I'd like Jason to read a paragraph Jason sent us a memo dated the 14th Jason just for clarification could you read that second paragraph because there's a lot of a lot of things that are going around in terms of of the date and the um and I I I don't know what I heard second paragraph you're referring to exactly the second paragraph on your memo date dotted one or the first dotted one just want make sure I'm clear if the vacancy so it's regarding canvasing and election decisions okay is it start off with generally or if the vacancy it's you said three par no yeah it's it's only a three oh sorry sorry I was looking at the the wrong one there so you said the second paragraph yeah okay so this was in my uh letter to the administrator so through my continued investigation I have been in contact with the director of Elections with the SOS office which is the Secretary of State office the LMC lawyers which is the league of Minnesota lawyers and our City lawyer there was a slight misunderstanding on my part which I've explained multiple times to other people throughout the days I've been working on this um the official start date for the new council member Daniel spring and what was and what the qualification of a successor met in State Statute basically I was informed that once the canvas is complete the clock starts on the 7 days for someone to be to contest once that time has passed Mr spring after submitting all paperwork to the state is eligible to be sworn in and qualifies for the office after receiving their certificate from the state so our newly elected official will be will potentially be able eligible to take the oath of office one week from tomorrow or today um which would be November 22nd 2024 thank you so just for clarification I appreciate you reading that um because I found out uh from the post bulletin that we're already in the post bulletin saying that we wouldn't certify the results of this election yeah we did and it there was at no time saying that we didn't agree with the results of the election it was the way it was put together in the dates so just to be clear all right so um you want to leave if you're gonna sit here and laugh you can leave okay i' appreciate the protocol and remain calm no comments are laughing thank you the um so any other any other comments maybe we should mik attorney's office he has anything to say up there Mike or any representative from the ferity office are you on the zoom no he said he was going to try to be here he's got it was so last minute trying to move things around uh he just sent email he's logged into the meeting under Zoom info there's a different Zoom link for the meeting today he's sent to is it the same one or different no there was a new one okay so if I can just make a comment about the resolution that is proposed this morning resolution 202 24-39 the one paragraph that we talked about the November 13th meeting um you know this the paragraph reads now therefore it be resolved that City Council of the city of oroo Minnesota act as cising board does hereby accept results of the election as presented and declares the results valid and approve naming Daniel spring as an incoming council member effective November 22nd 2024 pursuant to Minnesota statutes 412. 2 subdivision 2A r on high course as incoming mayor and Paul Pendergrass and Marie rorer as incoming council members effective January 2025 um so the first part of that is is accurate up and two declares the results valid the rest of it is more of a a formal documentation within the resolution um without that it just kind of leaves it in limbo unless there's some other documentation that we would put it into the record of when Daniel spring would start his term so or to finish his two years and six weeks terms of Carl's term y totally understandable it's just that it wasn't it wasn't correct we weren't we weren't not planning to certify the numbers yeah all on the same page but I think we're we're okay now yes we are any other questions before um calling a Voice vote I think it's the letter from the general Council was very clear and succinct and it separates the two but at the same time a resolution takes care of both the results as well as the documentation the formal documentation going forward see no other comments call for the rooll mayor ior hi councelor Phillips hi councelor devik I councelor Richards hi councelor hi the resolution is approved and say I before we leave yes oh I heard I okay sure I got that Mark right assum that's why I would Bei it's like before we leave we can have all the sign I get the document here they'll have so with it I make a motion we adjourn can I can we wait I'm sorry we get the sign before motion yes Paul that's all right so if you just go through and sign name on the line and just follow the lines down okay all right all in favor second saying I I CL 9:15 thank you for coming