2022-02-22 Amundsen - Petition Remains Insufficient

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February 14, 2022 Page 5 The February 4, 2022 Insufficiency Letter also states that "[City Clerk Ewald] presented these findings to the City Council at a Special meeting on February 4, 2022." But City Clerk Ewald was not even present at the meeting and the presentation was done by City Attorney Riggs. The February 4, 2022 Insufficiency Letter also directs that Amundsens "have 10 days to amend the [Citizens' P]etition to include the requisite number of signatures in the proper form as required by Minnesota Rules, part 8205. 10 10 and Minnesota Statutes, Section 410.12 and all requirements set forth therein," and Amundsens should submit the amended petition to Elections Office no later than 4:30 pm on February 14, 2022. After the meeting, Valerie Amundsen emails City Administrator Zikmund for a copy of the documents shown on the Zoom, but she receives an email reply that only the unofficial version is available and signatures and official forms will arrive next week by mail because City Clerk Ewald is out of the office. City Administrator Zikmud emailed Amundsens the unofficial version. 17. February 9, 2022. The signed version of the February 4, 2022 Insufficiency Letter is received by Amundsens from City. 18. February 14, 2022. Purported deadline given by City for submitting amended petition. 19. February 22, 2022. City Administrator Zikmund declared this the end date of 60 day period to submit a petition for ordinance to be reconsidered by City Council. ARGUMENT City Clerk Ewald failed her statutory duties under Minn. Stat. § 410.12, subds. 1, 3 and 7, including without limitation her duties to (1) determine the sufficiency of the Citizens' Petition personally, (2) verify the Citizens' Petition within 10 days of its filing, (3) determine whether each paper of the Citizens' Petition is properly attested, (4) determine whether the Citizens' Petition is signed by a sufficient number of voters, (5) certify the result to City Council, (6) set forth in a certificate the particulars in which the Citizens' Petition was allegedly defective. L ERROR NO. 1: WITH HER FEBRUARY 4, 2022 INSUFFICIENCY LETTER, CITY CLERK EWALD FAILED EACH OF HER STATUTORY DUTIES UNDER MINN. STAT. § 410.12 AND THEN RELIED ON AN IMPERMISSIBLE CONSIDERATION IN DETERMINING THE CITIZENS' PETITION WAS INSUFFICIENT City Clerk Ewald altogether failed to perform her statutory duties under Minn. Stat. § 410.12, subds. 1-3 and 7, and she or City must correct those errors by verifying the Citizens' Petition as sufficient using the proper statutorily mandated considerations. Citizen Petitioners filed the Citizens' Petition on January 25, 2022 under Minn. Stat. § 410.12, subd. 7, which, as follows,