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Kennedy <br />Graven <br />Offices in <br />470 U.S. Bank Plaza <br />200 South Sixth Street <br />Minneapolis <br />Minneapolis, MN 55402 <br />Saint Paul <br />(612) 337-9300 telephone <br />(612) 337-9310 fax <br />St. Cloud <br />www.kennedy-graven.com <br />Affirmative Action, Equal Opportunity Employer <br />SCOTT J. RIGGS <br />Attorney at Law <br />Direct Dial (612) 337-9260 <br />Email: sriggs@kennedy-graven.com <br />August 12, 2019 <br />VIA E-FILING and E-SERVICE <br />The Honorable Chief Judge John H. Guthmann <br />Ramsey County District Court <br />15 West Kellogg Boulevard, Room 130 <br />Saint Paul, MN 55102 <br />Re: In the Matter of the Petition to Remove Brian Amundsen <br />File No. 62-CV-19-4965 <br />Dear Chief Judge Guthmann: <br />I. Introduction and legal standard <br />The purpose of this letter is to provide the Court with the applicable arguments and authority to <br />render its decision regarding the petition (the "Petition") submitted by the City of Mounds View <br />(the "City") to remove Mr. Brian Amundsen from the Mounds View Charter Commission (the <br />"Commission"). Minnesota Statutes, section 410.05, subd. 2 provides that "[a]ny [Commission] <br />member may be removed at any time from office, by written order of the district court, the reason <br />for such removal being stated in the order." During the hearing, the parties and the Court agreed <br />that this language provides the applicable authority governing these proceedings. While there is <br />no case law interpreting said language, it clearly provides the Court with the requisite discretion <br />to remove a Commission member upon a finding that removal is appropriate, so long as the reasons <br />are articulated in the Court's order. Based on the evidence presented to the Court during the <br />August 5, 2019 hearing (the "Hearing") and the arguments contained below, the City respectfully <br />requests that Mr. Amundsen be removed from the Commission. <br />II. Argument <br />a) The Commission is unable to effectively operate due to Mr. Amundsen's <br />actions. <br />Mr. Amundsen's removal from the Commission is absolutely necessary to allow for the <br />Commission to operate effectively. Charter commissions play a vital role for cities that are <br />governed by way of a home rule charter, including the power to propose charter amendments at <br />605223v4MU210-271 <br />