Red Wing VOTERS Intervention Filed in Recall City Hall lawsuit
August 17th, 2021
Red Wing VOTERS has filed a Petition for Intervention in the Recall City Hall lawsuit that was filed August 6th, and a Stipulation to Intervention has been circulated to the Recall and City attorneys:
Here’s the short version, from the intro:
Recall is an extreme remedy — it’s not for those times when you don’t like what City elected officials do, how they vote, even when you REALLY don’t like it. Recall is the remedy for malfeasance and/or nonfeasance.
If you look at Recall City Hall’s Petition to the District Court, search for “procedural,” and you’ll see repeated insistence that their Recall Petitions are “procedurally sufficient.” And they don’t address “malfeasance” except to say that the state definition of malfeasance shouldn’t apply! There’s nothing addressing the need of their Recall Petition to be both procedurally and LEGALLY sufficient. And action by the City, scheduling a recall election, is only triggered by a finding that their petition is sufficient:
“If the petition or amended petition is found sufficient…” Is that so hard to understand?
In addition to “sufficiency,” the Recall Petitioners argue that the City SHALL schedule an election if their petition is (just) procedurally sufficient (and no addressing legal sufficiency).
There are many voters here in Red Wing who are fed up with this divisive Recall City Hall effort.
Prior to the August 9, 2021 City Council meeting, and it turns out before the City was served, I sent this review of their Petition:
Letter-to-Council-Overland-Comments-on-Petition
Exhibit-C-_Certification-of-Recall-Committee-Hove_4-9-2021
Exhibit-D_-Certification-of-Recall-Committee-Hove-Not-Certified
Exhibit-E_Letter-5-16-2021-Petitions-Invalid
Exhibit-F_Certification-of-Recall-Committee-Wards-1-2-DEAN-HOVE-Received-6_7_2021
I’m looking forward to this. There’s a scheduling conference on Friday, and by then I’ll know if the Recall attorney and City attorney will stipulate to our intervention or whether we’ll have to have a hearing.
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