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Minutes of Special Meeting of Lake Elmo City Council, October 13, 1978 <br />Meeting called to order at 6:04 PM -by Acting.Mayor Shervheim. <br />Present: Councilmen Pott, Morgan and Shervheim and Councilwoman"tyorrata, <br />Absent: Mayor Armstrong <br />Also present: Counsel Marshall <br />Special meeting to discuss legal question regarding City Clerk and <br />General Election. <br />Clerk advised the council that since he had resigned effective <br />October 31, 1978 and since action has not been finalized on assign- <br />ment of clerk -treasurer --_to the administrator, there is no legal signa- <br />ture to put on the city ballot which has to go to the printero <br />Clerk also advised that it hays been pointed out that a special. audit <br />was required because of his resignation at other than year end. A <br />special audit could cost a considerable amount of time and money. <br />A review of statutes and a check with the attorney generals office, <br />by Counsel Marshall, revealed that there would be no conflict if the <br />clerk remained in office and ran for blection as: long as he did not <br />hold both offices simultaneously. There was no conflict with his <br />name appearing on the ballot as city clerk and as a candidate for office. <br />(Similar situation at state level where..7oan Growe hat prepared the <br />state ballot and is also running for office). <br />* With the above items resolved the present clerk offered to remain <br />on as clerk until the end of the year. <br />Motion by Councilman Pott 2nd by Councilman Shervheim to accept the <br />offer of the present clerk to remain on as clerk until December 31, <br />1978. Carried 4-0. Mayor Armstrong absent. <br />* Counsel Marshall did stipulate that the clerk should not participate <br />in any way, other. than to vote, in the,prepa:eatJ-bnr or conduct of the <br />election. <br />Motion by. Councilman Shervheim 2nd by Councilman Pott to adjourn <br />at 6:18 P.M,... Carried 4-0. <br />