City of Mounds View Letter Brief August 12 2019

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The Honorable Chief Judge John H. Guthmann August 12, 2019 Page 5 bylaws make clear that a quorum is either five members (if there are nine active members) or four members (if there are seven or eight members). While none of this is dispositive as it relates to the Court's determination of whether Mr. Amundsen should be removed, it does lend credence to the notion that the Commission could easily fail to meet the statutory membership requirement for a charter commission should Mr. Amundsen be allowed to continue his membership. In other words, if members choose not to remain on or individuals do not seek appointment to the Commission due to Mr. Amundsen's actions, and recruitment efforts subside for the same reason, the Commission will certainly risk membership falling below the statutory minimum. For these reasons, Mr. Amundsen's removal is imperative to the Commission's continued ability to function and operate effectively for the City's residents. III. Conclusion Based on the foregoing discussion, the Petition, and the testimony at the Hearing, the City respectfully requests that the Court grant the City's Petition and remove Mr. Amundsen from the Commission. The parties have stipulated to the Court's express authority to remove Mr. Amundsen under the language contained in Minn. Stat. §410.05, subd. 1. Based on the record, Mr. Amundsen's activities have long prevented the Commission from conducting business in accordance with its statutory purpose. The Commission suffers from dysfunction and in effect, uselessness, that can only be remedied by Mr. Amundsen's removal. Further, efforts to recruit additional members will be sufficiently curtailed if Mr. Amundsen is allowed to remain on the Commission. Thank you for your consideration of the City's petition. Please let the parties know if you have any questions or need any additional information with regard to this matter. Yours truly, KENNEDY & GRAVEN, CHARTERED Scott J. Riggs (#0244788) Mounds View City Attorney SJR.jms cc: Mr. Brian Amundsen 605223v4MU210-271