HomeMy WebLinkAbout10-13-78 CCMMinutes of Special Meeting of Lake Elmo City Council, October 13, 1978
Meeting called to order at 6:04 PM -by Acting.Mayor Shervheim.
Present: Councilmen Pott, Morgan and Shervheim and Councilwoman"tyorrata,
Absent: Mayor Armstrong
Also present: Counsel Marshall
Special meeting to discuss legal question regarding City Clerk and
General Election.
Clerk advised the council that since he had resigned effective
October 31, 1978 and since action has not been finalized on assign-
ment of clerk -treasurer --_to the administrator, there is no legal signa-
ture to put on the city ballot which has to go to the printero
Clerk also advised that it hays been pointed out that a special. audit
was required because of his resignation at other than year end. A
special audit could cost a considerable amount of time and money.
A review of statutes and a check with the attorney generals office,
by Counsel Marshall, revealed that there would be no conflict if the
clerk remained in office and ran for blection as: long as he did not
hold both offices simultaneously. There was no conflict with his
name appearing on the ballot as city clerk and as a candidate for office.
(Similar situation at state level where..7oan Growe hat prepared the
state ballot and is also running for office).
* With the above items resolved the present clerk offered to remain
on as clerk until the end of the year.
Motion by Councilman Pott 2nd by Councilman Shervheim to accept the
offer of the present clerk to remain on as clerk until December 31,
1978. Carried 4-0. Mayor Armstrong absent.
* Counsel Marshall did stipulate that the clerk should not participate
in any way, other. than to vote, in the,prepa:eatJ-bnr or conduct of the
election.
Motion by. Councilman Shervheim 2nd by Councilman Pott to adjourn
at 6:18 P.M,... Carried 4-0.