##VIDEO ID:EIzWIEbFpiE## all right this is a special Cate council meeting Wednesday November the 13 2024 this is to review and approve our cany 2024 general election so do a roll calls here councel Phillips here councel penr here counc Richards here we have resolution 20 24 39 andine boarding election results which is in the package you got earlier today this this one yes is this any different up here that's for you to take with you disra no for no okay so um the resolution of the city council of the city of or noal Minnesota acting as canvasing board to Canvas the result returns and declare results of the election so read through this I think it's pretty straightforward I'll go ahead and make a motion to approve resolution 2024 39 second for discussion so I'd like to understand in the the now there four paragraph it says declare the results valid approved naming Dan spring as an incoming council member effective November 19th where does that come from that comes from the state the director of Elections um so because the position that ER has um is a that was the reason for the special election just like any other special election um when that seat is filled that person then takes over immediately well I'm going to go against that because the state statute form1 2.02 subsection 2A says no okay and that's a part of what the council is and so he's to stay on as far as I'm concerned until end of the appointment which is the end of December okay again this is coming directly from the state director of Elections we we've turned around we've got two different people that have talked to us from the state which is again that statute of uh 41 12.02 substandard subsection 2A and we'll put it up to a vote for the city council that he stays on until the end of his term which is the end of December well he can go ahead and and he can do it and go come on with the rest of them with Marie and all that is sworn in in January of 2025 so I put the motion out there right now for a vote we have well we had a two-year election not a 26 month election herb still holds that seat because herb was a s was was a was uh he was appointed he was appointed to that seat to fill out the end of the year when we' have the special election in in November and the new person would take over the the second the second half that term and again per the state the way has explained to me from the director of election that is not how that works you have his number uh you'd have to get it online I don't who did you talk to the director I'd have to look up his name I don't have it on top why don't you get his name in his number too because this is this is from the league of Minnesota cities okay we're going with the league of Minnesota cities okay it's a local election that's where we're going with is 41202 substandard 2A I'm going with this the gentleman who runs the elections for the state and his expertise that's a secretary of state right Ellison director of election attorney general yeah so when we pointed IR is my understanding back in because Carl had more than two years he would be appointed up until the point of the special have we have a special election that's different than a general election it's a special election for his name so the special election was to take place and he would become um he become appointed or he would be take Daniel would take over the person that next wins the election would take over that position the special election calls for it doesn't say to say that to start the new tur just so you know we we talked to League of Minnesota cities tce and they turned around and they wanted to know why there's such an issue with oronoko and what's going on with oronoko so again I'm saying this is from the league of Minnesota cities is who we go with okay that's what we follow with their statutes okay so with that I'm sorry I have to disagree with you it's going to be till the end of December okay that for the league of Minnesota cities well then when er was appointed none of this was brought up it wasn't it was not said until there's an election you go back and look at the I was on under the impression I was on here until the end of the year and I have no issues with doing that that's why it's called a special election so special election takes the position of appointing some we went over that with the league of Minnesota cities we went over everything thing that there was with this island okay that's that's their ruling on it okay not just one but two people of the ruling and that's the statute that goes along with it so think Minnesota city as I see as an advisory to the cities and I would and we that's how we respect when you talk to League of Minnesota C the next thing you say is they in the conversation by say check with your county or check with your City attorney so my mind the City attorney represents us the league of Minnesota cities is an advisory point of information who is it you talking to yeah I recall the name I've gotta I'll have to go back upstairs and look through all my notes for stuff but I spent the day talking with Olstead County election official ran the election Amanda can't remember her last name I talked with multiple people at the league of Minnesota cities and they all directed me to talk to the Secretary of State office and I was connected with the director of Elections from the Secretary of State's office that's where they all sent me to so I am giving you the information that was given to me directly from the Secretary of State's office here in Minnesota from the director of Elections this is what I was told and it does go back to as it was explained to me just like any other special election if we had held it in April they would take over in April it excuse me it doesn't matter that it was with November with this one they would take over right after the election was done and the results were declared so he was he was put on to take care of Carl's term okay well that term has now been replaced with the election so that then replaces the individual and you cannot have people holding same seat each does there have to be another special election to put him on for my last two months and why is it why are we being so Hasty about this I'm willing to stay on till the end of the year he's elected to be elected in January which is what it was he wasn't part of the general election but but but when he was put in and he looked at it that's when he was supposed to take and if you look at the what it was listed it was starting January for everybody that's going to be going on for that seat on the ballot itself it said it was a two-year term yeah 26 months [Music] term EXA wording is important I agree I don't remember what it said I'm assuming it said finish the term so we have a disagreement so I I would um call in the you call in the vote yeah let's call you called the vote y or I'd rather take the time obviously discrepency but we have a opinion over here talking to the old state county and the Secretary of State we need to find out who he talked to because that's one argument we need to resolve is that an issue or not because it's a special election the term to start at the special election that's next available is what we're doing tonight so we're not finding that if he want if he wants to start in January it would have been in the general election but it wasn't special election because Carl had more than three years left on its term so and IR was appointed IR was appointed to take care of the appointed until special election was held on November 5th well it was to finish his term well he he finish out the year finish the year right which no it's until the election is held well just put it to vote okay put it to vote we vote for it and if it's voted down how do you explain the reason for why we had a special election to fill in the other half ter no the special election started with this vote that we had on November the 5th and the next available time for appointment which is why we're having the meeting tonight is to approve the election results which puts him in um which puts Daniel in um being appointed at the November 19th council meeting now we can argue we can approve the results that's basically what we're here whether he starts November the 19th or January 1st that can still be resolved by having this contact and we can have that discussion on November the 19th we should rewrite the resolution then and right gr solutions for special election that's we're not going to approve this with what's going on with this writing that's in here Ryland has got to be removed it's got to be Rewritten and while you're doing it that way too for the rightand votes that there are too for the 247 right in votes that there were uh for the two Council positions I'd like to know who those are for the 247 and also for the 13 that were under us for the mayor and also for the the one that were in that two-year term for the E so i' like to have those names please what this resolution is adopting or approving this paperwork from the county we're not going to I'm not going to sign this resolution because it's not correct R it's it's it's it's not right I'm not going to sign it at the top of the resolution has Minnesota statutes 20585 subdivision 3A between the third and the 10th days after an election the governing body of the city conducting an evaluation including a special municipal election in November shall act as a canvasing board canvas the results and declare the results of the election yeah I I I I read that I understand that and that's right but this isn't right with what's here and I want to have the rest of the information on who the 247 writings work and it's not given to us from the county it is given to us from the county the county gives that to us he talked to the county the county was giving it to it to the to the office we're just asking to have that information you a copy of that all I see is well where is it how come it wasn't here because I was going on for previous packets this was the stuff that was in previous packets I've got extra sheets right here that I can make copies of for you it's not a big deal no I'm just is saying I'm not going to do that what that's in here I'm not going to sign this you know we can put this on and come back for another special meeting or take a recess that there is and and come up withy absolutely so it's right so if we vote this down we've gone against the Minnesota statute to 5185 subdivision 3 when is the 10 when is the 10th date what's that when is 10th day 15th it's Friday right yes Friday we have two days we have two days absolutely we have two days figured out we got two days we got two days to approve the results of the election so what are you going the county what you going to ask the county that they already have given we're looking for the names number one and the rest of it I'm not going to sign up with what it is in here until I know what's going on because I've got the statute that there is for League of Minnesota cities that says that herb supposed to be on here till the end of December is that a statute to finish his term yeah it's a statute yeah 412. 2 subsection 41 2.02 subsection to a so you when you to put it up for a vote we'll put it up for a vote what you said you want to have a v so if we have a vote if we vote to deny accepting these results and we violated the 10 days does that put the city in a bad position we might put the city in a bad position but that's I'm not going to deal with why do we have go beyond what is in front of us well Ryland I don't I don't think anybody here is saying that the results I'm not that that were against the results it it's the verbage in here right of removing her prior to the end of his term and pulling in Dan spring and have him in for 26 weeks instead of 24 right okay okay so that's not what he's elected for he's elected for a two-year term noed to finish Carl K's term but that means that he's going to have 26 and it's not he's not elected for 26 he's only elected for a twoyear term yeah two years is 24 months 26 24 mons it seems it seems underand I think it's very under so we either I don't understand why I can't just P be over well it I mean what difference does it make subdivision the resolution says well that's in the resolution that's that's part of that's we're not talking about thebody added that to the resolution I'm sorry I said somebody added that to the resolution right the resolution to accept the votes is all at the top of it but then it says somebody else put there in but now therefore we could we could modify the resolution to give you the whole subdivision if you want to no not working that we're talking about where it says now therefore it will be resolved okay and that that shouldn't be in there you know that needs to be taken out if if Renee you want to go take that out and reprint it again we can't do that we can't do that because of the resolution in the first where ass that is the most important resolution in a resolution no I'm not talking about the whereas I'm talking about the other now therefore it be resolved if you take that whole thing out of there then guess what it'll be fine I'm not saying taking away the where ass I understand that with Minnesota statute the 20518 no problem with that I have no problem with the rest of it we're looking for the names and and Jason's getting that for the right in which I think is is public knowledge for that but the other you know as long as that's in there I can't sign it well the resolution you've read it several times already I've read it myself and said it including a special municipal election and that's what this election was when the or heres his appointment was up to the point of having an election we had the election we had five candidates four candidates plus rins and Daniel spring got the most votes so so does that mean that that my term is up too no I mean it's your term is not we're talking about the same thing I mean not he was he was appointed to complete term being vacated and but he was filling out a three-year term a three-year term says is like when Paul came in to finish for Dana he finished with a he had two years left she had two years left so he was appointed to fill the term out but when it's over three when it's two over two years in this case almost two and a half years the point was that a special election needed and we needed to uh appoint somebody up until having the special election we had the special election Dan spring was the most votes so he gets installed at the next November 19th meeting just again Ryland I'll bring it up to you the discussion was done not by one person at League of Minnesota cities but by two people at the league of Minnesota cities explaining exactly what the situation is and both of them turned around with this subsection say no he stays on till the end of the term which is what he was appointed for which is the end of December Mike FL available to call what section were you referencing 42.0 22A yeah so the it says in here if the vacancy occurs before the first date of FID canas candidacy and for the next regular city election or more than two years Remain the unexpired term the special election shall be held at or before the regular election which we did and the appointed person Shall Serve until a qualified successor elected which was Daniel spring at the special election to fill the unexpired portion of the term that is the unexpired portion once they're elected they fill that portion which is we again but he was elected when he was put in to finish the term M Carl which was the end of this year two more years two more years he's was set to fill the remainder of the term but we have to hold a special election which is which is what we did and per state law here Daniel spring has been elected so once you verify the results here then he takes over after the special election excuse me but his was stated as a two-year term that's what people voted on okay I I don't know how they list it I I I don't have anything for that [Music] sorry so a simple solution and since the the council runs we throw on here is we can put it up for excuse me hey hey excuse me excuse me excuse me would you excuse would you would you out okay please remove her if she's doing that coming up that's right will you reprimand her for doing that please she didn't say anything she was she she has no right to be in the council Council thank you that's right you have no right to be up here with the council Ry Ryland would you please take care of that no it's okay getting back to what no no no Ry Ryland you have to do that you're supposed to do that she's not out up here in the council by doing that she did not talk to any of our I don't care she went that she has no right to be up here Rene too Renee is part of the city come on Ryland what what why aren't you come on hold up with what you're supposed to do here for being the council excuse myself I'm trying to help out pleas do thank you so did everybody understand what Jason just yes but we also turned around and talk directly how the interpretation was done with the league of Minnesota City so either one of two things happen one you're correct or two the people you're talking to it wasn't explained to them correctly about what we were finishing was a three-year term We were finishing it wasn't a two-year term because everything you said about a two-year term applies just just so you know I I'm I'm tired of this going in circles there was a motion there was a second there needs to be a vote all I can say is voting to deny this is a direct violation of Min of Statute 20585 subdivision 3 administrator again administrator is advising us of his contact with the security of State not L MC people we don't know what was explained to the LMC all we know is that our City ad Ministry had talked to the Secretary of State office they also talked to the state county office and the thing was this was a special election to vote for person because Carl's term was two more than two years could have been two years and one month or two years and three years and five months but it was more than two years and that's what he's saying in that statute I I say if you want to turn around R and have Renee go and remove that paragraph remove that paragraph in here and bring that with the same the same resolution that there is is 20 2439 we can turn around and all of us will agree to turn around and do that with this being removed and then that way you're going to be in statute what's going on just to remove that paragraph and this can be done whatever we're going to do on city council come you know November 19th but take that out if you want to turn around and do it that way that yes you can oh we yeah we could vote but we can't because it's violating out no you can take this out now therefore talking about this one right here paragraphs right here you can't do that so this is this for declaring election results okay here's the special election notice that was sent to elections I do not know why it was stated as a two-year term do you have a copy of the Ballance I may have C so I'm ready to vote I'm ready to vote too okay we're up ready we're not ready we said we're not ready we just said it's a call to vote did you read this yeah I did I'm not still going to sign that with what's in there I'm not going to do that CU we talk to the to the league of Minnesota cities I'm I'm I'm not just going to turn around and do that you know with this being gone out of there with this paragraph that can be brought up at the city council meeting that you want to do it here's what the palace said special election for council member City Bo loal vote for one this says the special election the resolution that we passed in March says the FI of vacancy due a resignation special election for one Council position three-year term heard the statutes that Jason read That's affected with the next city council meeting which is November the 19th he's finishing his term out it starts on November the 19th Mar and and Paul's term starts in January date whatever it is 620th I don't know so that's a regular term it starts four years but this is not a regular term this is a special election ter that's why we had this election that's why it was identified in this resolution as a special election and that's why it was on the ballot as a special election for Paul and Mar said council member city of Oronoco vote up to two starts in January the first ends on December we we can't get much Clear of what we're doing here M thir did you read that President ready to get please the what the statute if the vacancy occurs before the first day to file affidavits of candidacy for the next regular city election and more than two years remain in the unexpired term a special election shall be held at or before the next regular city election and the appointed person Shall Serve until the qualification of a successor elected at the special election to fill the unexpired portion of the term so the qualification would be the council swearing somebody in no the qualification is the the votes and the canvasing of the votes that this hug we agreed to and sign we sign I guess we voted on it though in March though in the special election finish a threeyear term so this term starts after the election Daniel Springs and so that's what we're making that therefore be resolved we're accepting the results and Dan is incoming member effective November 19th why as the mayor and Pa and re are en counting in January 2025 point of clarification here is that uh say the that says we have to have we we shall yes sentence right that's what it's hard not to Pro it's hard not to see no I'm just saying I'm just saying it's saying we shall vote Yes on this this has to be approved right yes the resolution isos it's required by state law it's a move point it's my point I thought this was going to be a six-minute meeting myself yeah I did too probably seen that on there all right well I think there's plenty of information here what we need to do with the vote as a council recess the meeting till Friday and give time if you recess the meeting you have to call a special meeting you don't need 70 you three days three days you don't have you don't have to have three days of you're calling if if you recess the meeting you don't need three days recess it we've got this information we've got the resolution what's going to change so where where does the discrepancy come in between League of Minnesota cities and this I guess I'm kind of I don't know but I'm following state law so state law supersedes the league of Minnesota cities well why do the league of Minnesota cities even have a statute down well they were referring to a statute but we don't I just read the statute that's why they shared that information with Council yeah incorrect yeah there are two people that shared it wasn't just one and would given the exact right now Minnesota is putting us in a bad situation because we're we're following state law here we're we're following an advisory comment I I I think that you know it might be wise for us to do the recess and come back in on Friday and come up and see what Mike has to say and go from there well I don't understand why there's two different statutes that are completely different from each other well we don't know that you know this statute that he's been just referring to from the LMC could be for two years or or less than two years which is right statute for less than two years but that's not what we have we have more than two years and recessing and voting again I it's it's still mayor I may make a suggestion what's up we've got the township waiting if we want to recess we'll recess till Friday and I'll contact the director of Elections for the state of Minnesota and see if I can get him on a conference call um we will have to do this during the morning hours of Friday we not going to be here in the evening hours of Friday to do that so if that works for everybody we can recess it till the evening or the morning of Friday okay let's do it make recess till sometime between 7 and 11: a.m. Friday morning y all the time please I'm sorry all the time please time 5:30 4 33 vote on that just recess come back want to vote on it we can vote on it we had we had we had we had a vote table I'll make a motion we recess till Friday morning between 7: am and 11 am second all in favor signify saying I I have to withdraw the other motion don't we for the is just a pause you come back to it and address it then recess is just motions and recess I guess all in favor say I I