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100 September 1, 1959 <br />The regular meeting of the Mounds View Village Council was called to order by Mayor <br />James W. Gibson at 8:05 P.M. on September 1, 1959, at the Village Hall, 1450 West Highway <br />96. <br />The following members were present: <br />Mayor: James W. Gibson <br />Clerk: Earl E. Smith <br />Trustees: Donald Hodges <br />Melford Christensen <br />Deputy Clerk: Betty Walbridge <br />Legal Council: Richard Meyers <br />Treasurer:• Irene Edberg <br />At the opening of the meeting Mayor Gibson introduced Mr. Perry Malvin as an appointee <br />to the vacant trustee position on the council. Motion by Gibson, seconded by Hodges to <br />appoint Mr. Perry Malvin as new trustee to replace Mr. John Sullivan. After a lengthy <br />disnussion in which Christensen and Smith pointed out that they did not know the man and <br />was not aware of his qualifications and status as a candidate until this meeting Gibson <br />and Hodges voted aye; Smith and Christensen, no. Motion lost. Motion by Christensen, <br />seconded by Smith to appoint Allan Crane as new trustee. Smith and Christensen, aye; Gibson <br />and Hodges, no. Motion lost. Mayor Gibson sought the attorney's advise and the attorney <br />stated that the mayor carried two votes. Mayor Gibson then appointed Mr. jjalvin as trustee. <br />Motion by Christensen, seconded by Smith to delay the swearing in of Perry Malvin as Trustee <br />until the next meeting. Hodges, Smith, Gibson, no; Christensen, aye. Motion lost. Clerk <br />Smith swore in Perry Malvin as the new Trustee to replace klr, John L. Sullivan. <br />Clerk Smith read the minutes of the August 18th meeting. The following corrections <br />were made thereto: the paragraph referring to Ingram Rustad receiving a salary as Civil <br />Defense Director should be changed to receiving an expense account as Civil Defense Director. <br />In regard to the last paragraph involving the financial statement of 1958 Mr. Gibson stated <br />it was not proved one way or another, the council agreed to let the financial statement stand <br />as is and Mayor Gibson agreed to write the county attorney and tell him so. Mayor Gibson <br />then requested the attorney to check into the following five opinions: <br />1. Can the clerk of a village change the hours of a Deputy Clerk as setup by the <br />village council without the permission of the village council and recorded in the <br />official minutes of the village council? <br />2. Can a village clerk or village council grant a vacation to an employee of the village <br />without a motion of the village council and recorded in the village minutes? <br />3. Does the village clerk have the right and the authority to act as judge and jury <br />and question the integrity or the authority of the mayor of the village when the <br />mayor requests that the financial records be kept in the fire proof file in the <br />village office where he or anyone else may look at them at anytime? <br />4. Does the village clerk have the authority to lock up any of the vilage records so <br />that the mayor may not see them at anytime? <br />5. If there is a dispute between a member of the village council and the village clerk <br />as to the true facts of a meeting how can the dispute be settled and does the village <br />council have the right to order the clerk to correct the minutes? <br />Motion by Gibson, seconded by Smith that the attorney check the five opinions and render a <br />decision at the next regular council meeting which will be September 15. Motion carried <br />unanimously. Motion by Gibson to strike the last paragraph of the August 18 minutes. Motion <br />lost for a lack of a second. Motion by Christensen seconded by Hodges to approve the minutes <br />