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INFORMATION SERVICE of League of Minnesota Cities 480 Cedar Street, Saint Paul, Minnesota 55101 100A Council Role in Recall V *140A September 4, 1979 • • Jeff Nelson - City Administrator City Hall • 2401 Highway it10 St. Paul , Minnesota 55112 ' Dear Jeff: At your request, I calied the city attorney in Duluth to discuss their recall provision and its interpretation. The Duluth provision is not lirited in its terms to incidents of nonfeasance or malfeasance in office. however, on the strength of the case„Jacobsen v. Nagel and as recommended by the city attorney} the city council in that recent case involving .former councilor Thomas Agnew, permitted a recall election only in circumstances where malfeasance arguably Was involved. In that case, the petition alleged far-reasons for the recall , three of which related to matters of judgment and quality of performance. How- ever, an election was called only to decide whether there should be a re: oval for violation of a charter provision which prevented interference by individual councilors with departmental operations. This cne involved a statement that a particular employee should ce dismissed. Since the charter prohibited this . . activity, the city attorney's office advised that an election should be permit- . .ted on this issue with the electorate sort of functioning as a jury to make the determi nation. Y The election resulted in a recall , and though a couple of avenues of litigation --gene-commenced-and later dropped, they were ineffective in giving- uscase -law confirming the power of the council to decide whether reasons stated for recall! on a petition are sufficient is a matter to be judged by the council . Neither = air; they resolve the question whether conviction of a crime that amounts to nonfeasance or malfeasance is a prerequisite to recall . Thus, there presently exists a good deal of uncertainty as to the. extent of powers conferred upon the citizenry by a broadly drafted recall provision: - 'A hope this answers your question satisfactorily. • Sincerely, • Stanley G. Peskar General Counsel S' '/rj . .